The Ministry of Justice (MoJ) is a ministerial department of the Government of the United Kingdom. It is headed by the Secretary of State for Justice and Lord Chancellor (a combined position). Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and to uphold people's civil liberties.[2] The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, prisons, and probation in England and Wales, with some additional UK-wide responsibilities, e.g., the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law, and information rights law across the UK.
Responsibility for devolution was then transferred to the re-established position of Deputy Prime Minister, based in the Cabinet Office. He also assumed responsibility for political and constitutional reform, including reform of the House of Lords, the West Lothian Question, electoral policy, political party funding reform and royal succession.
After 2015, responsibility for devolution was transferred back to the ministry as well as the three offices for Scotland, Wales and Northern Ireland until 2019 when it was transferred to the Minister for the Union in the Prime Minister's Office. Reform of the House of Lords was given to the Leader of the House of Lords and the Cabinet Office. The West Lothian Question was given to the Leader of the House of Commons as was electoral policy and political party funding reform which is now handled by the Speakers Committee on Electoral Reform and the House Leader. Royal succession was given back to the ministry.
The Secretary of State for Justice had responsibility for a commission on a British bill of rights. The British bill of rights was a plan to implement human rights through national law, instead of the European Convention on Human Rights being part of UK law through the Human Rights Act 1998. This would have also ended the binding authority the European Court of Human Rights has over British courts.[11] This was later shelved, but recently, this has gained support since the UK left the European Union.[citation needed]
The Ministry of Justice retained the following UK-wide remit:
As the office of the Lord High Chancellor of Great Britain, the ministry is also responsible for policy relating to Lord Lieutenants (i.e. the personal representatives of the King), "non-delegated" royal, church and hereditary issues, and other constitutional issues, although the exact definition of these is unclear.[12]
The vast majority of the Ministry of Justice's work takes place in England and Wales. The ministry has no responsibility for devolved criminal justice policy, courts, prisons or probation matters in either Scotland or Northern Ireland.
Within the jurisdiction of England and Wales, the Ministry of Justice is responsible for ensuring that all suspected offenders (including children and young people) are appropriately dealt with from the time they are arrested, until convicted offenders have completed their sentence.[14] The ministry is therefore responsible for all aspects of the criminal law, including the scope and content of criminal offences. Its responsibilities extend to the commissioning of prison services (through the National Offender Management Service), rehabilitation and reducing offending, victim support, the probation service and the out-of-court system, the Youth Justice Board, sentencing and parole policy, criminal injuries compensation and the Criminal Cases Review Commission. The Attorney General for England and Wales (also the Advocate General for Northern Ireland) works with the Ministry of Justice to develop criminal justice policy.[15]
Other responsibilities limited to England and Wales include the administration of all courts and tribunals, land registration, legal aid and the regulation of legal services, coroners and the investigation of deaths, administrative justice and public law, the maintenance of the judiciary, public guardianship and mental incapacity, supervision of restricted patients detained under the Mental Health Act 1983 and civil law and justice, including the family justice system and claims management regulation.
It processes legislation for Royal Assent passed by the insular legislative assemblies and consults the Islands on extending UK legislation to them. It also ensures that relevant UK legislation is extended to the islands smoothly.[16]
Ministers
The Ministers in the Ministry of Justice are as follows, with cabinet ministers in bold:[17]
Oversight of cross-cutting emergency issues, responses supported by other ministers according to portfolio
Oversight of international business and future relations with the EU
MoJ support for the Union.
Resourcing of the department
Functions of the Lord Chancellor
Judicial policy including pay, pensions and diversity (these and other operational decisions affecting the judiciary are reserved to the Lord Chancellor)