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08 October 2025
Issue: 8134 / Categories: Legal News , Profession , Criminal , Immigration & asylum , Human rights
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‘Activist judges’ or an all-powerful justice secretary?

A future Conservative government would abolish the Sentencing Council and Judicial Appointments Commission (JAC) and sack judges who defended migrants’ rights, shadow justice secretary Robert Jenrick has said

Addressing Conservative Party conference in Manchester this week, Jenrick criticised ‘activist’ judges and complained that ‘dozens of judges’ have ‘broadcast their open borders views’, supported migrant charities or ‘spent their whole careers fighting to keep illegal migrants in this country… The public rightly ask—how independent are they?’

Jenrick said the Conservatives would abolish the JAC and hand over the right to appoint judges to the justice secretary—restoring the old system that existed prior to Prime Minister Tony Blair’s reforms in 2006. The justice secretary would also set sentencing policy under a future Conservative government, while the Sentencing Council would be abolished.

Jenrick said the public were sick of ‘voting for tougher sentences and getting the opposite.

‘No longer will an unaccountable quango be able to subvert the will of the British people for criminals to be properly punished’.

In May, the government committed to introducing a presumption against short sentences and expanding the use of community sentencing, as recommended by Jenrick’s Conservative predecessor David Gauke, who served as justice secretary under Prime Minister Theresa May.

Party leader Kemi Badenoch used her conference speech to announce the next Conservative manifesto will contain a commitment to leave the European Convention on Human Rights (ECHR) and repeal the Human Rights Act.

However, Law Society president Richard Atkinson accused the Conservative Party of ‘putting political interest above the public good.

‘It protects us from the power of the state. Without the backstop of the ECHR, governments of whatever party will be able to erode our rights with no come-back. We can tighten border controls without stripping the British public of their rights under the ECHR.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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