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Ministry of Justice (MoJ) criticised over forging documents

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Dear Judicial Conduct Investigations Office,

The Guardian refers, 19 June 2019

“Perhaps most seriously, given the identity of the respondent [the MoJ], is the forgery by late production and backdating of documents designed to ‘plug gaps’,” the tribunal ruling states.

It also refers to “corruption of documents by conflation, amendment or post-dated creation” and said the MoJ’s failings go “beyond error”.

Was the JCIO aware about the tribunal discovering that the Ministry of Justice had forged documents and if so did it take this into account when investigating a complaint which was later discovered to have involved similar criminal misconduct (see outcome below):


Yours faithfully,

P Kernman

JCIO General Enquiries, Judicial Conduct Investigations Office

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Rasul, Nazir, Judicial Conduct Investigations Office

Dear Sir/Madam

Thank you for your email.

The JCIO is a statutory body which supports the Lord Chancellor and Lord Chief Justice in their joint responsibility for judicial discipline. Our statutory remit is to deal with complaints of misconduct about judges. This means how a judge has behaved personally, e.g. making a racist remark, inappropriate use of social media, or falling asleep in court. We cannot look into allegations made against government departments.

Our remit and procedures are governed by statutory rules and regulations, which can be found on our website at: https://judicialconduct.judiciary.gov.uk.

The issues referred to in your attachment appear to relate to case management and judicial decisions. We cannot consider complaints about a judge’s decision or how that judge has managed a case. The reason for this is because judges are independent. Judicial independence is a vital and long-established feature of our system of justice. It means that judges must be free to manage cases and make decisions without interference from external agencies, including from this office, from politicians, or from Government ministers. If you believe that a judge’s decision or the way a judge has managed a case was incorrect or unfair, you might be able to appeal to a higher court. You should consider seeking advice about your options from a solicitor, law centre or the Citizens Advice Bureau.

In addition, any allegations of criminality should be made to the police. It is not the JCIO's responsibility to report such allegations.


Nazir Rasul
Senior Caseworker | Judicial Conduct Investigations Office | 81 - 82 Queen's Building | Royal Courts of Justice | Strand | London WC2A 2LL | Phone: 0207 071 5679 | http://judicialconduct.judiciary.gov.uk/

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Disclosure Team,

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and has been rejected by the Disclosure Team.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information.

For example, a FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the MoJ receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

You may wish to re-submit your enquiry to the Ministry of Justice, which will be treated as Official Correspondence. Our contact details are as follows:

102 Petty France

Contact Form:


Telephone Number:
020 3334 3555

If you do have any questions relating specifically to the FOIA or Data Protection Act (DPA), please contact the Disclosure Team at the following e-mail address: [email address]

Kind regards,

The Disclosure Team

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Dear Disclosure Team,

Thank you for your 9 and 10 July emails. Can you please clarify whether either of these responses were sent erroneously.

Yours sincerely,

P Kernman

Jean James left an annotation ()

The ministry might find this helpful

THE FORENSICS OF LEGAL FRAUD: https://www.dropbox.com/s/ac2eb2g0l6f1aw...

and this


and this



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