Source · Select Committees · Justice Committee
Recommendation 7
7
Paragraph: 22
The Government should update its guidance on the creation of new criminal offences for all...
Recommendation
The Government should update its guidance on the creation of new criminal offences for all departments to clarify that the Ministry of Justice should as a rule be consulted. While circumstances may conceivably arise in which the need for a speedy response may temporarily suspend that need, as may have been the case in the early stages of Covid-19 and the criminal law 33 the covid response, the Government should make a clear commitment to undertake the necessary consultation in all but the most exceptional circumstances and to do so retrospectively in the event of new offences being created without the proper procedures having been followed. The Ministry of Justice can play an important role in both ensuring a degree of consistency of approach and identifying the potential impact on the criminal justice system.
Paragraph Reference:
22
Government Response
Not Addressed
HM Government
Not Addressed
Government departments regularly consult the Ministry of Justice when they seek to create new, or amend existing, criminal offences or penalties. The Ministry of Justice does not take ownership of the entire spectrum of the criminal law, nor is it responsible for every criminal offence as this is a matter for each department. It does, however, advise departments who are considering introducing new, or amending existing, criminal measures. This often culminates in that department completing a Justice Impact Test, an internal impact assessment that considers the downstream impact of government policy and legislative proposals on the justice system. The consideration of new, or amendments to, criminal offences which now forms part of the broader Justice Impact Test moves away from the Criminal Gateway process which was in use before 2015. The Ministry of Justice continues to scrutinise policy and legislation both through this impact assessment, as well as through the collective agreement process. The usual practice is to approach the Ministry of Justice during policy development and often before clearance processes ensue. This allows for effective scrutiny of proposals in the context of the wider criminal law. Understandably the process is more dynamic when measures are needed on an urgent basis and the Ministry of Justice will support other Government departments pragmatically in these instances. The Ministry of Justice agrees to the recommendation from the report that there should be consultation with the Ministry of Justice as a matter of course when departments are considering whether to amend or create new offences or penalties. The Government accepts the Committee’s recommendation that guidance should be updated to highlight that other Government departments should be consulting the Ministry of Justice as a matter of course when considering new, or amending existing, criminal offences or penalties. The guidance will also be updated to outline standard timeframes for responses as well as what to do in urgent situations. Updated guidance will be published in due course.