Justice Defenders ANNUAL REPORT | 2023
Justice Defenders | Annual Report 2023
CONTENTS
We are those who have perpetrated injustice and those who have a hunger for justice. We are a group of broken and gifted people, from different backgrounds and walks of life. Some free and some imprisoned. WE’RE PEOPLE WHO’VE FALLEN FROM THE LAW AND BEEN CAPTURED BY GRACE. GIVEN OUR HISTORIES, WE KNOW THAT WITHOUT GRACE, WE ARE NOTHING.
INTRODUCTION ................................................................................. 2 OUR WORK AND IMPACT ............................................................ 6 OUR IMPACT IN NUMBERS ......................................................... 8 OUR VALUES BRAVERY ................................................................................................ 14 SOLIDARITY ......................................................................................... 16 HUMILITY...............................................................................................18 EXCELLENCE ...................................................................................... 20 INTEGRITY ............................................................................................ 22 2023 IN PICTURES ......................................................................... 26 OUR FINANCIALS ........................................................................... 28
Front cover: Joan Amati and Susan Gachoki read criminal law text.
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
INTRODUCTION
FROM OUR FOUNDER AND CEO
When we encounter injustice and inequality, we have the opportunity to make bridges of our lives – between the rich and the poor, those with power and those without it, between black and white.
It’s been 20 years since I began my work in prison, and I am privileged to have founded and to direct Justice Defenders as a community seeking to build bridges within adversarial justice systems. We are an unlikely movement of prisoners, exprisoners, prison officers, lawyers, judges, and supporters, going where others dare not, striving to bring justice, dignity and hope. Expected to hate each other, we try to grow in love for one another and those we serve.
As we continued to defend the defenceless through our 31 prison communities, in 2023 we reached the milestone of 100,000 clients served. Through public interest litigation, we reformed Uganda’s indefinite sentencing laws for
mentally ill detainees, and we secured a landmark ruling in Kenya affirming sentenced prisoners’ rights to attend close family members’ funerals. We celebrated excellence as five of our students attained first-class marks. And we proudly witnessed our first University of London graduate from prison being admitted as an Advocate of the High Court of Kenya.
Thank you for being with us on this journey and for making the impossible possible. In our pursuit of justice, compassion and love must be at the core of all we do, remembering that, in the words of Dorothy Day, “The greatest challenge of the day is – how to bring about a revolution of the heart, a revolution that has to start with each one of us.”
Alexander McLean
FROM THE OUTGOING BOARD CHAIR
Dear friends,
The end of 2023 marked the completion of our first three years since becoming Justice Defenders. As I reflect back on this period I am struck by the remarkable progress the organisation has made, navigating challenges and increasing our impact. We have now served more than 100,000 clients and have trained 600 persons in incarceration. And yet it feels like the work of Justice Defenders is just getting started.
My time as Chair of the charity has come to an end. I am very pleased that Professor Luis Franceschi is taking over the role of Board Chair. Luis is the Assistant Secretary General of the Commonwealth and the Founding Dean of Strathmore University Law School. He has been a keen supporter of Justice Defenders for many years and I will pass the baton on to him with confidence.
As you read our annual report I hope that you connect with the stories of transformation from across our community. We are working towards a world where each of us is equally accountable to and protected by the law. This is a beautiful and powerful vision. And our work is needed more than ever.
As I prepare to step down, I want to take the opportunity to express publicly my heartfelt thanks to all the Justice Defenders team of staff and trustees - both past and present. Thank you for your dedication and commitment, this work is costly and I am grateful for each one of you.
Best wishes,
David Hollow
Back in 2017 when I first got involved with Justice Defenders I was compelled by Alexander’s vision for transformation and the idea of a community following the way of Christ in pursuing radical integration. I also saw a rare potential for the work of this organisation to lead to genuine system-level change. As I step down, all these things remain true, and I am deeply positive about the future of Justice Defenders.
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FROM THE INCOMING BOARD CHAIR
As I take on this new role, I am committed to supporting Justice Defenders in its growth and development. By learning from past experiences and focusing on the promising future ahead, we can create a more streamlined and effective organisation.
As Board Chair, I am dedicated to fostering a balanced, consolidated, and united board that works closely with the communities we serve. I hope our board will reflect the diverse reality of these communities, all focused on achieving justice.
Thank you for the opportunity to serve with you, and I look forward to a bright future ahead.
Dear friends,
Prof Luis G. Franceschi, LLB, LL.M, LL.D
I am deeply honoured to have been invited by Justice Defenders’ outgoing Board Chairman and Founder and CEO to serve as the new Board Chair of Justice Defenders. I have had a wonderful relationship with Mr. Alexander McLean for over a decade, built on common beliefs and a shared commitment to justice.
Currently, I serve as the Assistant Secretary General of the Commonwealth, an organisation that spans 56 countries and 2.7 billion people, 60% of whom are under the age of 30. I am excited to bring my experience to Justice Defenders as Chair, having been involved in the incredible work of this remarkable organisation since its early days.
I have met many people who benefitted from and contributed to Justice Defenders’ efforts, and they are a living testament to our mission. They have become agents of change in their communities, working to prevent crime and defend justice. Their stories inspire me and underscore the vital importance of our work.
THERE ARE MANY THINGS THAT CAN ONLY BE SEEN WITH EYES THAT HAVE CRIED - SAINT OSCAR ROMERO Musa Bah walks on as he leaves his prison cell
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
OUR WORK AND IMPACT
Nuha Conteh reviews case files at Mile 2 Prison legal office.
transform criminal justice systems through public interest litigation.
We are unlikely allies – a community of people in prison, prison officers, lawyers, judges and magistrates committed to elevating all humans facing injustice.
We are a movement of people treading with a limp, from different walks of life. There is no us or them, no beneficiary or benefactor. Each of us is both.
Some of us are free, and some are incarcerated. Some are poor in spirit, and some are just poor. We are hated by many and expected to hate each other. Instead, we try to grow in love for one another and those we serve.
Justice Defenders trains paralegals and lawyers within defenceless communities to provide legal services for themselves and others – protecting their rights and addressing their wrongs.
Founded in 2007, we operate across 31 prisons in Kenya, Uganda, and The Gambia, with a community of more than 300 paralegals delivering world-class legal practice to those in need. We equip defenders from defenceless communities to serve the defenceless through legal education, training and practice, and we
We dream of a day where no one is punished or imprisoned without telling their side of the story.
Our hope is for a world where each of us is equally accountable to and protected by the law.
OUR THREE-YEAR JOURNEY OF GROWTH
In 2023, we celebrated our first three years of impactful service as Justice Defenders. During this time, we raised over $13 million to defend justice for defenceless communities. Since our founding, we have trained more than 600 paralegals in prison; 59 of whom, following in the footsteps of Nelson Mandela, have studied law and earned degrees from the University of London. Their work in our prison-based legal offices has directly impacted tens of thousands of defenceless lives and indirectly benefited families and entire communities.
As Director of Growth, it has been my honour to witness and contribute to this upward trajectory, made possible by the exceptional talent, unique lived experience, unwavering dedication, and generous support of our teams and partners. The impact on the justice system, inspired by those most affected by it, has been tangible and profound. Our legal offices have become sanctuaries for defenceless communities, respected across criminal justice systems. The work that takes place within them brings fair hearings and freedom to thousands of unrepresented clients, challenges mandatory death sentences, and supports the effective operation of courts, inspiring a new narrative around justice.
a law college dedicated to equipping our most defenceless individuals, elevating them to positions where they can make, shape, and implement the law. Our vision includes a law firm committed to providing high-quality, lowcost legal services to those who would otherwise be unable to access them. By engaging in public interest litigation informed by the lived experiences of our community of practitioners, we aim to reform the law for generations to come. As bridge builders, we embrace the opportunity to shape legal institutions while continuing to operate within them. Studying and practising law as a unified community of unlikely allies, we will transform the narrative around justice and prove that a new model is possible— one where justice is accessible, reliable, and practised by those who need it most.
Building grassroots capacity to defend justice has demonstrated the systemic value of our model. Prisoners, judges, and authorities alike regularly seek our partnership and advice, recognising our radical inclusivity and commitment to bettering the entire justice system through improved application of criminal law. From this unique position, we have been catalysts for unlikely alliances in adversarial justice systems, invited to shape the legal frameworks we are part of through our superpower—our lived experience of conflict with the law.
Matteo Cassini
Looking to the future, we envision establishing
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Justice Defenders | Annual Report 2023
35,000+ individuals served
100,000+ individuals served since founding
370+ paralegals trained
OUR IMPACT 11,000+ individuals released IN NUMBERS
1 advocate admitted to the bar, two more on their path to advocacy
600+ paralegals trained
37,000+ individuals released
59 University of London graduates since founding
33% of staff have lived experience
32 legal offices across three African countries
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Justice Defenders | Annual Report 2023
INITIATING TRANSFORMATION THROUGH PETITION WORK
MINISTER’S ORDERS PETITION
Hon. Valerie Emelda Adhiambo Ismail Mutebi, Canaan Nkamuhabwa, Charlotte Andrews-Briscoe and Patrick Makoha at Luzira Main Prison, Uganda. Magistrate in Kenya
My continued detention pending a minister’s order for twenty-six years has impacted me a great deal. I have no peace...All my youth life has been wasted in prison.
result, 12 were released for being of sound mind, eight were transferred to psychiatric care, and 10 await court or hospital transfer. The team is optimistic about legislative changes, working closely with government officials.
The poignant words of Robert Byaruhanga, one of the petitioners, underscore their efforts’ urgency and impact. He shares, “After knowing that I had caused the death of my daughter, I pleaded with the court to allow me to plead guilty. The court refused... The judge instead asked the prisons to examine me medically and the report confirmed that I was mentally ill...I have seen some of my colleagues get released this year and last year after a long time. I have been told by the medical team here that I have recovered fully and can join my family. I can’t wait for that time to come.” Robert’s story highlights the profound human cost of indefinite detention and reinforces the need for the legislative changes Justice Defenders is fighting for.
In Uganda, Justice Defenders took a stand against the indefinite detention of mentally ill individuals under Minister’s Orders, challenging Parliament with a significant petition. Led by Canaan Nkamuhabwa, a University of London graduate and legal trainee, with support from advocate Charlotte Andrews-Briscoe, the petition advocated for the clarification of responsibilities regarding these orders. It pushed for legal reforms to align indefinite sentences with constitutional and international standards. These efforts prompted action from the Minister of Justice and Constitutional Affairs, leading to 30 incarcerated individuals being ordered to resume trials. As a
BEREAVEMENT PETITION
Moses Dola outside the legal office at Kiambu Main Prison, Kenya.
I am glad that the knowledge I have freely learned through Justice Defenders is touching humanity out there, making an impact in jurisprudence
On 23rd February 2024, the Hon. Judge Lawrence Mugambi ruled that persons in incarceration as well as those in pre-trial detention, have the right to attend burials of close family members unless there are compelling reasons for declining such permission. In his judgement, he added that the right to attend burials is anchored and rooted in the principle of human dignity. For many, grief and loss are overwhelming . The success of this petition ensures people in incarceration have their rights to grieve and have closure.
In July 2021, Justice Defenders paralegal Moses Dola lost his mother while serving a ten-year sentence at Kiambu Main Prison, Kenya. Moses was overwhelmed by the emotions that came with losing his mother while still in prison. In the hopes of attending the final farewell, he requested permission from the prison authorities to attend his mother’s funeral, but was denied.
As the weight of the grief dawned on him in the months after the burial, Moses sought redress in the courts. In December 2022, Moses drafted Petition E 542 of 2022 to seek improved bereavement protocols for individuals while incarcerated.
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
PARALEGAL DEVELOPMENT THROUGH LEGAL TRAINING
COLLABORATING WITH NATIONAL AGENCIES
Our partnership with the National Agency for Legal Aid (NALA) in The Gambia, initiated in 2022, has deepened our influence in the criminal justice sector. By mid-2023, we set targeted objectives to support defenceless communities, ensuring they receive top-notch legal representation and timely support in The Gambia’s upper courts. This collaboration is critical for fair trials, access to legal services, and the correction of injustices, profoundly benefiting families, prisons, courts, and the community at large by promoting justice and fairness.
The signing of an MOU with the Justice Defenders marked a significant milestone in the criminal justice process in The Gambia. With the signing of the MOU, the execution of NALA’s mandate has been significantly strengthened, thereby ensuring an effective and efficient access to justice for all. We are grateful for the collaboration between NALA and the Justice Defenders.
-Omar Susso, Deputy Executive Secretary NALA
Laureen Ndolo updates our case management system online at the Thika Women Prison legal office, Kenya.
There are no words adequate to describe what I—what we all—learned from this experience. The challenges presented will encourage me to find more ways to further justice and to climb mountains one step at a time.
Over the past year, we have dedicated our efforts to radical integration, building bridges and forming partnerships in adversarial justice systems. We intensified our legal education initiatives, enhancing the capacities of our legal offices in prisons.
advocacy training, led by seasoned judges and prosecutors. This training improved paralegals’ abilities to assist individuals through the trial process.
NITA’s Executive Director, Wendy McCormack, expressed the profound impact of this experience on her and the motivation it provided to promote justice. In collaboration with Strathmore University, we launched a year-long, accredited paralegalism course tailored to Kenya’s criminal justice needs, offering an affordable and comprehensive legal education.
In Kenya, with the support of Jones Day and the National Institute for Trial Advocacy (NITA), we provided our paralegals with a week-long trial
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Justice Defenders | Annual Report 2023
OUR VALUES
Working with Justice Defenders has allowed me to step in and help those that need it most.
- BRAVERY
We act boldly, moving forward to a preferred future where justice is accessible, reliable and best practised by those who need it most.
Musa Bah reading in his Janjangbureh Prison cell, The Gambia
From paralegal to legal trainee, 34-year-old Musa Bah exemplifies bravery. Inside and outside prison, he continues to use the legal knowledge he received while serving as a paralegal in Janjanbureh Prison to serve others.
In 2019, Musa found himself unjustly entangled in the law, coerced into a guilty plea without legal representation, leading to his wrongful conviction. While serving time, Musa transformed his ordeal into empowerment by training as a paralegal. This equipped him with the knowledge to understand and rectify the errors in his case and assist others in similar predicaments. Discovering the miscalculation in his release date marked his first victory. Upon his release, Musa now works as a legal trainee at Justice Defenders, he offers legal support to those unable to afford it, leveraging his lived experience and insights from navigating the Gambian criminal justice system. Musa stands as a beacon of hope and
change, driven by a deep-seated passion to prevent the injustices he once faced.
Speaking on the power of legal education, he noted, “working with Justice Defenders has allowed me to step in and help those that need it most.”
Musa looks forward to a future where he and others who have endured the challenges of the justice system become agents of transformation. Having spent three years and five months behind bars, Musa is now working towards a reality where justice is readily available, reliable, and fervently advocated for by those once pushed to the margins of society.
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
OUR VALUES
You feel you are working for a noble cause when you see an individual who was once discouraged getting released and smiling again.
SOLIDARITY
We create bridges in justice systems. And we work for justice for everyone, without breaking fellowship with anyone.
Gilbert Wanami was a police officer, until he found himself in conflict with the law he once administered. He served 11 years in prison until his release in December 2020. This challenging period, however, paved the way for his educational journey and a renewed purpose. Gilbert reflects “My greatest fear after my conviction was a wasted life and destiny.”
In May 2019, while serving a sentence in Kamiti Prison, Gilbert started his law degree with the University of London. By 2022, with his degree in hand, Gilbert opened a new chapter, dedicating himself to leading and mentoring paralegals in Langata Women Prison and Kiambu Prison. His distinctive journey, from enforcing the law to experiencing its weight firsthand, grants him a rare and invaluable perspective. Now, armed with a deep understanding of legal principles, Gilbert is poised to effect meaningful change from an extraordinary vantage point.
team of paralegals, Gilbert oversees the crafting of court submissions for those requiring legal assistance. At Langata Women’s Prison, his leadership has led to notable successes, including non-custodial releases and out-of-court settlements via Alternative Dispute Resolution (ADR) for women entangled in legal challenges.
Gilbert explains that this work is a true calling. “It has been wonderful. I continue to appreciate Justice Defenders for seeing my heart and enthusiasm to serve others. Giving me the privilege to study law is not something to be overlooked.”
Gilbert is among ten who completed their law degree from University of London in 2022 adding to 39 to have previously graduated in 2019.
“You feel you are working for a noble cause when you see an individual who was once discouraged getting released and smiling again.” Guiding a
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
OUR VALUES
03. HUMILITY
We’re servants, sinners, and saints. Some of us are in prison. Some of us are free. We have very little to offer but everything to give.
I have learned a lot - I have learned humility. That is a virtue I think I would never have gotten from outside of prison...
Phionah Namubiru always dreamed of becoming a lawyer. But her path took an unexpected turn when she failed the pre-entry exam for law at Makerere University in Uganda. At 22, a guilty conviction led her to be sentenced to five years in prison. While serving her sentence, an unparalleled opportunity arose.
“I enrolled as a University of London student in 2019, and simultaneously, I took on the role of a paralegal working with Justice Defenders. This dual responsibility was both challenging and rewarding,” she recalls. Her day-to-day responsibilities included assisting clients in finding guarantors for bail, ensuring they would continue to appear in court, and drafting crucial legal documents such as notices of appeal and affidavits.
For Phionah, prison built her character and taught her more than she imagined.
“I have learned a lot - I have learned humility. That is a virtue I think I would never have gotten from outside of prison,” Phionah explains. “I have
learned to be humble with people. That was not me before. I’ve learned how to treat people with respect. I’ve learned to be patient. I have learned to make money the better way. I’ve learned to work hard.”
For many people in incarceration, life hangs in the balance. Women, often overlooked or subjected to discrimination, find a unique solace and hope in the advocacy of someone who not only grasps the intricacies of their case but empathises with their plight on a personal level. Phionah and her fellow paralegals have honed their focus on aiding women incarcerated for minor offences, advocating for alternatives like community service over imprisonment.
Now stepping into the world beyond prison walls as a legal trainee, Phionah’s unwavering commitment and belief in the transformative power of the law is granting hundreds the opportunity for redemption and a fresh start.
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
OUR VALUES
The opportunity to address the court gives you an indescribable feeling
- EXCELLENCE
We commit ourselves to delivering the highest quality defence to those who have the least.
From behind bars to the Bar. Hamisi Mzari’s determination led him to become an advocate, inspired by his service to the hundreds of incarcerated persons on death row. Hamisi Mzari joined the Justice Defenders team as a volunteer in August 2014. He had provided informal legal services to incarcerated persons, but, keen to improve his legal knowledge he applied and gained entry into the University of London law degree programme.
Previously incarcerated, Hamisi attended classes in prison being the first to study inside the prison during the day and then leave in the evening. Despite being free, he received no preferential treatment. Reflecting on the programme he noted, “Study life was not easy, juggling between work, studies and family, and reintegration - having just been released from prison. It took a lot of sacrifices and balancing many priorities. This shaped me into the professional and family man I am.”
Hamisi graduated in 2019 and this achievement propelled him to take his education a step further. He attended a bridging course, known as the pre- Kenya School of Law course at the Riara University to gain the local context of the law and
then attended the Advocates Training Programme at the Kenya School of Law. Hamisi persevered despite numerous hurdles, and successfully completed his studies, achieving nine passes on his first attempt.
In November 2023, Hamisi was admitted to the Bar becoming a beacon of hope for those who doubted that a previously incarcerated person could become an advocate. Having experienced injustice firsthand, he recommitted himself to defending the defenceless and representing the accused.
“The opportunity to address the court gives you an indescribable feeling. I’m reminded of when I was on the dock. Now I’m on the bench defending others in a court of law. It’s a feeling of achievement and gratitude as I’m the product of so many supporters and the inspiration we get from the clients we defend.”
Hamisi leads a team of over 15 paralegals as a Senior Legal Officer in two of Kenya’s busiest prisons. His experience and legal knowledge have enhanced operations within the legal offices, ensuring that many more individuals gain access to justice.
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Justice Defenders | Annual Report 2023
OUR VALUES
05.
Working on the Minister’s Orders Petition has been the most fulfilling task I have worked on both as a paralegal and as a lawyer so far.
INTEGRITY
We navigate the complexities of justice with unwavering honesty, transparency, and dedication to truth.
In 2017, Canaan Nkamuhabwa worked the protection detail of a high profile individual. One day while on duty, a confrontation turned violent. This led to his conviction. He was charged with murder and sentenced to death.
In 2019 while at Luzira Upper Prison, he joined the Justice Defenders University of London law degree programme. He also trained and served as a paralegal. Under his leadership, the paralegal team petitioned for the detention of juveniles at the Luzira Upper Prison, a maximum security prison. This led to the transfer of all the juveniles to juvenile detention facilities and the enactment of this policy.
Canaan was also able to successfully appeal against his conviction of murder, which was quashed at an appeal for self-defence and provocation. His charge was then reduced to manslaughter, and the sentence reduced to five years imprisonment, which he finished on 12 March 2022.
him on to drive more changes in the law. In 2022, after completing the law degree programme, Canaan and volunteer Charlotte AndrewsBriscoe petitioned the Parliament of Uganda over the indefinite detention of people who committed crimes when they were mentally ill. The petition’s success now means that 30 petitioners were medically examined to determine if they are fit for trial. 12 out of the 30 were found medically sound and released, while 8 now receive medical treatment instead of being committed to life behind bars.
Excelling from prisons to palaces, Canaan’s quest for justice for all is rooted in the identity of Justice Defenders, advancing our stance that those who are found guilty receive a fair sentence, and those who are innocent are released.
Canaan’s heart for those forgotten has spurred
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Justice Defenders | Annual Report 2023
OUR WORK WITH WOMEN AND CHILDREN
The law can be harsh and sometimes discriminatory against those on the margins of society. Around the world, people in defenceless communities cannot access justice and often don’t get a fair hearing. Women are particularly at risk. Often victims of circumstance, whether it be poverty, gender-based violence or a lack of opportunities - many find themselves standing before the court with little to no legal knowledge to represent themselves. Once charged, the daunting possibility of being separated from their children looms large.
As Justice Defenders, we dream of a day where no one is punished or imprisoned without telling their side of the story. A notable example of success is the story of 20-year-old Loyce Njeri Wangechi. Fresh out of secondary school, Loyce faced arrest following a family disagreement that escalated into a physical altercation. Thanks to the support from our diligent paralegals, Loyce pursued the case’s withdrawal through alternative dispute resolution (ADR), seeking to resolve the matter out of court. After seven months in prison, the case was withdrawn and she regained her freedom. Loyce is eager to move forward and embrace the promising future that lies ahead.
In addition to our work with women, we have dedicated time to providing legal services across numerous juvenile facilities, building strong relationships with institutions like the Kamiti Youth Correction and Training Center and the Machakos Children Remand Center in Kenya. Here, many juveniles participate in legal awareness sessions and consult with our advocate, Joan Naburuki, for legal guidance. Following evaluations, select cases have been adopted for representation, ensuring that these young individuals receive legal support for their cases.
Incarcerated woman with child and prison officer at Kaweeri Prison, Uganda.
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Justice Defenders | Annual Report 2023
2023 IN PICTURES
Silvia Nabirye reunites with family after release.
Ret. Judge Ann Claire Williams leads plenary at NITA and Jones Day training in Naivasha Maximum Prison.
Musa Bah walks out of his ward in Janjangbureh Prison, after release.
Legal Officer Beri Mangoh reviewing law texts with Mile 2 paralegals.
Susan Gachoki celebrates her release with Grace Maina, Joan Amati, and Laureen Ndolo.
Livingstone H. Wacha in the library at Luzira Upper Prison.
Susan Gachoki walks out of Thika Women’s Prison on her release day.
Celebrating paralegal Evaline Atimango as distinguished student at in the University of London studies
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Justice Defenders | Annual Report 2023
Justice defenders Senior
Legal Officer Hamisi Mzari
attending a legal training
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We are hated by many and expected to hate each other. Instead, we try to grow in love for one another and those we serve. We believe we can each play a role in bringing justice to those on the margins of society and building fairer societies.
Thank you for standing in solidarity with us. Thank you. Asante. Weebale. Jerefeff.
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31 DECEMBER 2023
Company number: 06260329 Charity number: 1121764
Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
Reference and administrative information
TABLE OF CONTENTS
| Reference and administrative information | 32 |
|---|---|
| Trustees Report | 33 - 36 |
| Auditor’s Report | 37 - 40 |
| Statement of Financial Activities | 41 |
| Balance Sheet | 42 |
| Cash Flow Statement | 43 |
| Notes to the Financial Statements | 44 - 53 |
Company number 06260329 Charity number 1121764 Registered office Bryden Johnson, 1-4 Kings Parade, Lower Coombe Street, Croydon, CR0 1AA Country of registration England & Wales Country of incorporation United Kingdom Trustees Trustees, who are also directors under company law, who served during the year and up to the date of this report were as follows: Professor G Daly -Resigned 20th October 2023 Dr A Merriman MBE Mr D Hollow -Resigned 1st May 2024 Mr T Dighton -Resigned 22nd May 2024 Mr T Johnston -Resigned 22nd June 2023 Miss S Cook -Resigned 1st May 2024 Miss J Lintott-Appointed 1st May 2024 Prof L Franceschi-appointed 1st May 2024 Mr J Coulson-Appointed 23rd July 2024 Key management Alexander McLean Chief Executive Officer personnel Markus Hesse Chief Operating Officer-Left 15th December 2023 Karen Saidi Uganda Country Director-Left 1st July 2024 Miriam Wachira Kenya Country Director-Left 30th June 2024 Peter Tibigambwa Chief Operations Officer-Appointed 1st July 2024 Ruth Ouso Director of Finance Tim Bisong Gambia Country Director Bankers Coutts & Co 440 Strand, London, WC2R 0QS HSBC UK Commercial 28 Borough High St, London SE1 1YB Auditor Griffin Stone Moscrop & Co Chartered Accountants and Statutory Auditor Patrons Dame Linda Dobbs Lord Paul Boateng Jon Snow Rev’d Rose Hudson-Wilkin
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Justice Defenders | Annual Report 2023
Trustees’ Annual Report and Auditor’s Report
Justice Defenders is a company limited by guarantee.
RECRUITMENT, APPOINTMENT, AND INDUCTION OF NEW TRUSTEES
The trustees who held office during the financial year and at the date of this report are set out in the Reference and Administrative detail. The Memorandum and Articles allow for trustees to be appointed at any time. Trustees are elected on a three-year renewable basis. New trustees are appointed after an interview, having applied to adverts or as a result of nomination by other members of the board or recruiting firm. Their appointment is approved by a vote of the whole board.
Justice Defenders’ induction of trustees includes providing past copies of minutes and supporting documentation. Time will be spent with other trustees in groups of one-to-one meetings and a meeting with both the Chair and the CEO. We encourage our trustees to attend relevant training courses and encourage visiting our work in Africa.
GOVERNING DOCUMENT
Justice Defenders is controlled by its governing document, a deed of trust and constitutes a company, limited by guarantee as defined by the Companies Act 2006.
The Founder & CEO, Alexander McLean, is responsible for the day-to-day operations of the charity, supported by a senior management team. He is the Secretary to the Board. By the end of the reporting period 2023, the senior management team comprised Alexander McLean, Anthony Makumbi - interim COO, Matteo Cassini - Director of Growth, Miriam Wachira – Kenya Country Director, Karen Saidi – Uganda Country Director,Tim Bisong – Gambia Country Director. Ruth Ouso-Director of Finance. Jena Lee Nardella – Chief Development and Communications Officer(resigned in September 2023), Stephanie Starling – Chief of Staff, and Markus Hesse - interim COO transition from the organisation in December 2023. Shelley Thames - US Operations resigned in January 2024.
The board meets at least quarterly to review programmatic, financial and fundraising performance and the general management of the charity. The trustees also gather yearly for ‘away days’ together for extended strategic conversation. Committees meet when necessary and report the results of their meetings to the full board.
None of the trustees has any beneficial interest in the company and each trustee discloses any potential conflicts of interest for decision and recusal from relevant decisions.
The company’s current policy concerning the payment of trade creditors is to follow the CBI’s Prompt Payers Code (copies are available from the CBI, Centre Point, 103 New Oxford Street, London WC1A 1DU). The company’s current policy concerning the payment of trade creditors is to:
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Settle the terms of payment with suppliers when agreeing on the terms of each transaction;
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Ensure that suppliers are made aware of the terms of payment by the inclusion of the relevant terms in contracts; and
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Pay in accordance with the company’s contractual and other legal obligations.
The UK office functions are overseen by the CEO and comprise fundraising & communications, finance, HR and administration. Programme delivery is overseen in each of Uganda, Kenya and Gambia by a Country Director with suitably qualified tutors, legal service providers, health care and other professionals as well as in-country support functions. Justice Defenders has also set up a 501(c)(3) separate entity in the United
States, Justice Defenders (USA), designed to support the overall charitable objectives of Justice Defenders.
RISK MANAGEMENT
The charity has a risk management strategy comprised of:
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A bi-annual review of the risks the organisation may face
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The establishment of systems and procedures to mitigate the risks identified in the plan (prevention)
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The implementation of procedures designed to minimise any potential impact on the organisation should those risks arise (contingency).
The trustees consider that the significant risks to which the charity would be exposed would be a sudden and unexpected shortfall in fundraising income; civil strife within the communities in which we work; disease breakouts in the communities in which we work; difficulties experienced by staff due to workload and the demanding nature of the work.
We are seeking to mitigate these risks in a number of ways. This includes establishing a minimum reserve to cover an abrupt fall in income and diversification of our donor base. We establish Memoranda of Understanding in respect of each prison service we work with and each project we run. We work with a variety of local civil society and governmental partners and ensure we are informed about the local political and social environments in which we work. We also follow health guidance in relation to the risk of disease. We actively support our staff through internal and external training and development activities to promote their well-being and development and offer external counselling services to all staff.
The trustees have assessed the risk to which the charity is exposed and are satisfied that systems are in place to mitigate exposure to the major risks.
STATEMENT OF RESPONSIBILITIES OF THE TRUSTEES
The trustees (who are also directors of Justice Defenders for the purposes of company law) are responsible for preparing the trustees’ annual report and financial statements in accordance with applicable law and United Kingdom Accounting Standards (the United Kingdom Generally Accepted Accounting Practice).
Company law requires the trustees to prepare financial statements for each financial year which give a true and fair view of the state of affairs of the charitable company and of the incoming resources and application of resources, including the income and expenditure of the charitable company for that period.
In preparing these financial statements, the trustees are required to:
-
Select suitable accounting policies and then apply them consistently
-
Observe the methods and principles in the charities SORP
-
Make judgements and estimates that are reasonable and prudent
-
State whether applicable UK Accounting Standards and statements of recommended practice have been followed, subject to any material departures disclosed and explained in the financial statements
-
Prepare the financial statements on the going concern basis unless it is inappropriate to presume that the charity will continue in operation.
The trustees are responsible for keeping adequate accounting records that disclose with reasonable accuracy at any time the financial position of the charitable company and enable them to ensure that the financial statements comply with the Companies Act 2006. They are also responsible for safeguarding the assets of the charitable company and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.
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Justice Defenders | Annual Report 2023
In so far as the trustees are aware:
-
There is no relevant audit information of which the charitable company’s auditor is unaware
-
The trustees have taken all steps that they ought to have taken to make themselves aware of any relevant audit information and to establish that the auditor is aware of that information.
The trustees are responsible for the maintenance and integrity of the corporate and financial information included on the charitable company’s website. Legislation in the United Kingdom governing the preparation and dissemination of financial statements may differ from legislation in other jurisdictions.
Members of the charity guarantee to contribute an amount not exceeding £1 to the assets of the charity in the event of winding up. The trustees are members of the charity, but this entitles them only to voting rights. The trustees have no beneficial interest in the charity.
institutions themselves taking the initiative to follow up on the wider publicity Justice Defenders has received. Vulnerable individuals are therefore protected from potential exploitation by Justice Defenders not targeting any ordinary individuals, whether via mass mail-shots or by any form of ‘high-street’ presence. Furthermore, Justice Defenders does not use professional fundraisers or commercial participators, has no third parties undertaking fundraising on its behalf, and although it uses freelance consultants to support its work (for example to support bid-writing), such work is only ever submitted directly by Justice Defenders. Justice Defenders is subject to the UK Fundraising Regulator, has not received any complaints in respect of its fundraising activities and is not aware of any breach, material or otherwise, of any fundraising code or regulation.
The trustees’ annual report has been approved by the trustees and signed on their behalf by
AUDITOR
Griffin Stone Moscrop & Co was re-appointed as the charitable company’s auditor and has expressed its willingness to continue in that capacity.
ACHIEVEMENTS AND PERFORMANCE
Financial Review
In the year ending 31 December 2023, the US charity became the parent of the group and is no longer consolidated under the UK charity. The accounts have been prepared and therefore, the figures included in the financial review below, in respect of the current year, reflect the position of the UK and the branches.
Prof. L. Franceschi (Trustee) Miss. J. Lintott (Trustee) Date: 26/9/2024 Date: 23/9/2024
During 2023, Justice Defenders received income of £ 2,872,761 (2022: £ 1,646,457).
Of this £367,082 (2022: £ 229,405) is restricted and £ 2,505,679 (2022: £ 1,417,052) is unrestricted. During the year expenditure was £2,615,902 (2022: £ 2,445,309) of which £372,979 (2022: £ 207,668) was spent from restricted funds and £2,242,923 (2022: £2,237,640) from unrestricted funds, leaving a reserves balance of £388,261 (2022: £131,403).
Reserves Policy
Justice Defenders has a reserves policy with the intention of ensuring that at any given time there are at least six months of operating costs covered. There will be a detailed review of the reserves policy for 2024 based on a strategy review and work plan for the coming financial periods.
As of 31 December 2023, Justice Defenders held unrestricted free reserves of £292,564 (2022: £ 29,808) and restricted reserves of £95,698 (2021: £101,595).
Remuneration policy
A comprehensive salary review was conducted and implemented in 2023, the next review is scheduled for 2026. The board may review salaries annually and recommends pay rises based on benchmarking against similar-sized charities and inflationary cost of living factors.
Every two years, a comprehensive benchmarking exercise is conducted using external consultants to ensure a suitable and robust salary structure for Justice Defenders.
Fundraising disclosures
Justice Defenders’ approach to fundraising is largely focused on trusts and foundations and high net worth individuals, some institutional funders and corporate donations totalling around 150 – 200 organisations/ people. Most of these tend to be repeat, multi-year donations. Whilst Justice Defenders does receive smaller one-off or monthly donations from individuals and smaller institutions, such as churches or schools, these are not targeted and tend to arise from contacts with staff, the website, or such individuals/
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Justice Defenders | Annual Report 2023
Independent Auditor’s Report to the Members of Justice Defenders
OPINION
We have audited the financial statements of Justice Defenders UK entity and overseas branches for the year ended 31 December 2023 which comprise the Statement of Financial Activities, the company Balance Sheets, the Statement of Cash Flows and notes to the financial statements, including significant accounting policies. The financial reporting framework that has been applied in their preparation is applicable law and United Kingdom Accounting Standards, including Financial Reporting Standard 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland (United Kingdom Generally Accepted Accounting Practice).
In our opinion the financial statements:
-
give a true and fair view of the state of overseas branches and UK company’s affairs as at 31 December 2023, and of the organisation’s profit for the year then ended;
-
have been properly prepared in accordance with United Kingdom Generally Accepted Accounting Practice; and
-
have been prepared in accordance with the requirements of the Companies Act 2006.
Basis for opinion
We conducted our audit in accordance with International Standards on Auditing (UK) (ISAs (UK)) and applicable law. Our responsibilities under those standards are further described in the Auditor’s responsibilities for the audit of the financial statements section of our report. We are independent of the group in accordance with the ethical requirements that are relevant to our audit of the financial statements in the UK, including the FRC’s Ethical Standard, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Conclusions relating to going concern
In auditing the financial statements, we have concluded that the trustees’ use of the going concern basis of accounting in the preparation of the financial statements is appropriate.
Based on the work we have performed, we have not identified any material uncertainties relating to events or conditions that, individually or collectively, may cast significant doubt on the company’s ability to continue as a going concern for a period of at least twelve months from when the financial statements are authorised for issue.
Our responsibilities and the responsibilities of the trustees with respect to going concern are described in the relevant sections of this report.
Other information
The other information comprises the information included in the annual report, other than the financial statements and our auditor’s report thereon. The trustees are responsible for the other information contained within the annual report. Our opinion on the financial statements does not cover the other information and, except to the extent otherwise explicitly stated in our report, we do not express any form of assurance conclusion thereon. Our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial statements or
our knowledge obtained in the course of the audit, or otherwise appears to be materially misstated. If we identify such material inconsistencies or apparent material misstatements, we are required to determine whether this gives rise to a material misstatement in the financial statements themselves. If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we are required to report that fact.
We have nothing to report in this regard.
Opinions on other matters prescribed by the Companies Act 2006
In our opinion, based on the work undertaken in the course of the audit:
-
the information given in the trustees’ report for the financial year for which the financial statements are prepared is consistent with the financial statements; and
-
the trustees’ reports have been prepared in accordance with applicable legal requirements.
Matters on which we are required to report by exception
In the light of the knowledge and understanding of the UK entity and overseas branches their environment obtained in the course of the audit, we have not identified material misstatements in the trustees’ report.
We have nothing to report in respect of the following matters in relation to which the Companies Act 2006 requires us to report to you if, in our opinion:
-
adequate accounting records have not been kept by the company, or
-
returns adequate for our audit have not been received from branches not visited by us; or
-
the company financial statements are not in agreement with the accounting records and returns; or
-
certain disclosures of trustees’ remuneration specified by law are not made; or
-
we have not received all the information and explanations we require for our audit; or
-
the trustees were not entitled to prepare the financial statements in accordance with the small companies regime and take advantage of the small companies’ exemptions in preparing the trustees’ report and from the requirement to prepare a strategic report.
RESPONSIBILITIES OF TRUSTEES
As explained more fully in the trustees’ responsibilities statement, the trustees are responsible for the preparation of the financial statements and for being satisfied that they give a true and fair view, and for such internal control as the trustees determine is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, the trustees are responsible for assessing the company’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the trustees either intend to liquidate the company or to cease operations, or have no realistic alternative but to do so.
Auditor’s responsibilities for the audit of the financial statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with ISAs (UK) will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements.
Irregularities, including fraud, are instances of non-compliance with laws and regulations. We design procedures in line with our responsibilities, outlined above, to detect material misstatements in respect of irregularities, including fraud. The extent to which our procedures are capable of detecting irregularities, including fraud is detailed below:
-
We enquired of management and the finance, audit and risk committee, which included obtaining and reviewing supporting documentation, concerning the charity’s policies and procedures relating to:
-
» Identifying, evaluating, and complying with laws and regulations and whether they were aware of any instances of non-compliance;
-
» Detecting and responding to the risks of fraud and whether they have knowledge of any actual, suspected, or alleged fraud;
https://www.frc.org.uk/Our-Work/Audit/Audit-and-assurance/Standards-and-guidance/Standards-andguidance-for-auditors/Auditors-responsibilities-for-audit/Description-of-auditors-responsibilities-foraudit.aspx. This description forms part of our auditor’s report.
Use of our report
This report is made solely to the company’s members, as a body, in accordance with Chapter 3 of Part 16 of the Companies Act 2006. Our audit work has been undertaken so that we might state to the company’s members those matters we are required to state to them in an auditor’s report and for no other purpose. To the fullest extent permitted by law, we do not accept or assume responsibility to anyone other than the company and the company’s members as a body, for our audit work, for this report, or for the opinions we have formed.
Robert Smith (Senior Statutory Auditor)
-
» The internal controls established to mitigate risks related to fraud or non-compliance with laws and regulations.
-
We inspected the minutes of meetings of those charged with governance.
-
We obtained an understanding of the legal and regulatory framework that the charity operates in, focusing on those laws and regulations that had a material effect on the financial statements or that had a fundamental effect on the operations of the charity from our professional and sector experience.
For and on behalf of
Griffin Stone Moscrop & Co
Chartered Accountants
Statutory Auditor
-
We communicated applicable laws and regulations throughout the audit team and remained alert to any indications of non-compliance throughout the audit.
-
We reviewed any reports made to regulators.
-
We reviewed the financial statement disclosures and tested these to supporting documentation to assess compliance with applicable laws and regulations.
Date:
-
We performed analytical procedures to identify any unusual or unexpected relationships that may indicate risks of material misstatement due to fraud.
-
In addressing the risk of fraud through management override of controls, we tested the appropriateness of journal entries and other adjustments, assessed whether the judgements made in making accounting estimates are indicative of a potential bias and tested significant transactions that are unusual or those outside the normal course of business.
Because of the inherent limitations of an audit, there is a risk that we will not detect all irregularities, including those leading to a material misstatement in the financial statements or non-compliance with regulation. This risk increases the more that compliance with a law or regulation is removed from the events and transactions reflected in the financial statements, as we will be less likely to become aware of instances of non-compliance. The risk is also greater regarding irregularities occurring due to fraud rather than error, as fraud involves intentional concealment, forgery, collusion, omission or misrepresentation.
A further description of our responsibilities is available on the Financial Reporting Council’s website at:
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Justice Defenders | Annual Report 2023
STATEMENT OF FINANCIAL ACTIVITIES (INCORPORATING AN INCOME AND EXPENDITURE ACCOUNT) FOR THE YEAR ENDED 31 DECEMBER 2023
| 2023 | 2022 | ||||||
|---|---|---|---|---|---|---|---|
| Unrestricted | Restricted | Total | Unrestricted | Restricted | Total | ||
| Note | £ | £ | £ | £ | £ | £ | |
| Income from: | |||||||
| Donations and legacies | 3 | 2,501,745 | 367,082 | 2,868,828 | 1,415,070 | 229,405 | 1,644,475 |
| Other income | 3,934 | - | 3,934 | 1,982 | - | 1,982 | |
| Total income Expenditure on: Raising funds Charitable activities Legal Education Legal Practice Improving Prison Conditions Promoting human rights in the justice system Total expenditure Net income / (expenditure) for the year Transfers between funds Net income / (expenditure) before other recognised gains and losses Net movement in funds Reconciliation of funds: Total funds brought forward Total funds carried forward |
4a 4a 5 |
2,505,679 190,287 164,096 1,565,696 - 322,844 2,242,923 262,756 262,756 262,756 29,808 292,564 |
367,082 - 6,119 365,640 1,220 - 372,979 (5,897) (5,897) (5,897) 101,595 95,698 |
2,872,761 190,287 170,215 1,931,336 1,220 322,844 2,615,902 256,859 - 256,859 256,859 131,403 388,261 |
1,417,052 160,494 236,633 1,582,288 - 258,225 2,237,640 (820,588) - (820,588) (820,588) 850,395 29,808 |
229,405 - 51,687 136,058 19,923 - 207,668 21,737 - 21,737 21,737 79,857 101,595 |
1,646,457 160,494 288,320 1,718,346 19,923 258,225 2,445,309 (798,852) - (798,852) (798,851) 930,252 131,403 |
All of the above results are derived from continuing activities. There were no other recognised gains or losses other than those stated above. Movements in funds are disclosed in Note 14a to the financial statements.
BALANCE SHEET
| AS AT 31 DECEMBER 2023 Note Fixed assets: Tangible assets 10 Current assets: Debtors 11 Cash at bank and in hand Liabilities: Creditors: amounts falling due within one year 12 Net current assets |
£ 254,931 179,360 |
2023 £ 85,652 |
Company n £ 50,044 119,872 |
o. 06260329 2022 £ 73,531 |
|---|---|---|---|---|
| 85,652 302,610 |
73,531 57,872 |
|||
| 434,291 (131,681) |
169,916 (112,044) |
|||
| Total assets less current liabilities | 388,262 | 131,403 | ||
| The funds of the charity: 14a Restricted income funds Unrestricted income funds: General funds Total unrestricted funds |
292,564 | 95,697 292,564 - |
29,808 | 101,595 29,808 - |
| Total charity funds | 388,261 | 131,403 |
Approved by the trustees and signed on their behalf by;
Trustee Trustee Prof. L. Franceschi Miss. J. Lintott Date: 26/9/2024 Date: 23/9/2024
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Justice Defenders | Annual Report 2023
STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 31 DECEMBER 2023
Reconciliation of net income to net cash flow from operating activities
| Net income for the reporting period (as per the statement of financial activities) Depreciation charges Loss / (Profit) on fixed asset disposals (Increase) / Decrease in debtors Increase in creditors |
2023 £ 256,859 43,760 - (204,887) 19,637 |
2022 £ (798,852) 32,350 827 8,685 41,608 |
||
|---|---|---|---|---|
| Net cash provided by operating activities | 115,369 | (715,382) | ||
| Cash flows from operating activities Net cash provided by operating activities Cash flows from investing activities: Proceeds from the sale of fixed assets Net purchase of fixed assets Net cash (used in) investing activities Change in cash and cash equivalents in the year Cash and cash equivalents at the beginning of the year |
£ - (55,881) |
2023 £ 115,369 (55,881) |
£ 359 (45,607) |
2022 £ (715,382) (45,248) |
| 59,488 119,872 |
(760,630) 880,502 |
|||
| Cash and cash equivalents at the end of the year | 179,360 | 119,872 | ||
| Analysis of cash and cash equivalents Cash at bank and in hand |
At 1 January 2023 £ 119,872 |
Cash flows £ 59,488 |
Other changes £ - |
At 31 December 2023 £ 179,360 |
| Total cash and cash equivalents | 119,872 | 59,488 | - | 179,360 |
Notes to the Financial
Statements
FOR THE YEAR ENDED 31ST DECEMBER 2023
1. Accounting policies
1.a Statutory information
Justice Defenders is a charitable company limited by guarantee and is incorporated in England and Wales. The registered office address is 1-4 Kings Parade, Lower Coombe Street, Croydon, CR0 1AA
1.b Basis of preparation
The financial statements have been prepared in accordance with Accounting and Reporting by Charities: Statement of Recommended Practice applicable to charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) - (Charities SORP FRS 102), the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) and the Companies Act 2006. The accounts are prepared in Sterling, which is the functional currency of the Charity. Monetary amounts in these financial statements are rounded to the nearest £.
SORP 2015 stipulates that where overseas offices are legally registered in their country of operations as separate legal entities, this is an indication that they should be treated as branches for accounting purposes. However, having reviewed the governance and management procedures in place, oversight from Justice Defenders in the UK is such that overseas offices in Uganda, Kenya and The Gambia are in substance branches.
In applying the financial reporting framework, the trustees have made a number of subjective judgements, for example in respect of significant accounting estimates. Estimates and judgements are continually evaluated and are based on historical experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances. The nature of the estimation means the actual outcomes could differ from those estimates. Any significant estimates and judgements affecting these financial statements are detailed
within the relevant accounting policy below.
1.c Public benefit entity
The charitable company meets the definition of a public benefit entity under FRS 102.
1.d Going concern
The trustees consider that there are no material uncertainties about the charitable company’s ability to continue as a going concern.
Key judgments that the charitable company has made which have a significant effect on the accounts relate to the allocation of pro bono income and expense, whereby the estimate is based on the value of the work to the charity.
The trustees do not consider that there are any sources of estimation uncertainty at the reporting date that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next reporting period.
1.e Income
Income is recognised when the charity has entitlement to the funds, any performance conditions attached to the income have been met, it is probable that the income will be received and that the amount can be measured reliably.
For grant income, entitlement has previously been assumed when the formal offer of funding is communicated in writing to the charity. The Trustees have taken a more prudent approach this year for multi-year grants and have decided no longer to reflect grants as receivable where no receipt has occurred in the year, as this reflects a more appropriate definition of entitlement under the Charities SORP.
Cash donations are recognised on receipt. Other donations are recognised once the Charity has
been notified of the donation, unless performance conditions require deferral of the amount. Income tax recoverable in relation to donations received under Gift Aid or deeds of covenant is recognised at the time of the donation.
For legacies, entitlement is taken as the earlier of the date on which either: the charity is aware that probate has been granted, the estate has been finalised and notification has been made by the executor(s) to the
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
charity that a distribution will be made, or when a distribution is received from the estate. Receipt of a legacy, in whole or in part, is only considered probable when the amount can be measured reliably and the charity has been notified of the executor’s intention to make a distribution. Where legacies have been notified to the charity, or the charity is aware of the granting of probate, and the criteria for income recognition have not been met, then the legacy is treated as a contingent asset and disclosed if material.
1.f Donations of gifts, services and facilities
Donated professional services and donated facilities are recognised as income when the charity has control over the item or received the service, any conditions associated with the donation have been met, the receipt of economic benefit from the use by the charity of the item is probable and that economic benefit can be measured reliably. In accordance with the Charities SORP (FRS 102), volunteer time is not recognised so refer to the trustees’ annual report for more information about their contribution.
On receipt, donated gifts, professional services and donated facilities are recognised on the basis of the value of the gift to the charity which is the amount the charity would have been willing to pay to obtain services or facilities of equivalent economic benefit on the open market; a corresponding amount is then recognised in expenditure in the period of receipt.
1.g Interest receivable
Interest on funds held on deposit is included when receivable and the amount can be measured reliably by the charity; this is normally upon notification of the interest paid or payable by the bank.
1.h Fund accounting
Restricted funds are to be used for specific purposes as laid down by the donor. Expenditure which meets these criteria is charged to the fund. Unrestricted funds are donations and other incoming resources received or generated for the charitable purposes.
1.i Expenditure and irrecoverable VAT
Expenditure, including project payments, is recognised once there is a legal or constructive obligation to make a payment to a third party, it is probable that settlement will be required and the amount of the obligation can be measured reliably. Expenditure is classified under the following activity headings:
Costs of raising funds relate to the costs incurred by the charity associated with attracting voluntary income to finance its charitable objectives Expenditure on charitable activities includes all costs incurred by the centre in the delivery of its activities and services for its beneficiaries undertaken to further the purposes of the charity and their associated support costs
Irrecoverable VAT is charged as a cost against the activity for which the expenditure was incurred.
1.j Allocation of support costs
Resources expended are allocated to the particular activity where the cost relates directly to that activity. However, the cost of overall direction and administration of each activity, comprising the salary and overhead costs of the central function, is apportioned on the following basis which are an estimate, based on staff time, of the amount attributable to each activity.
Where information about the aims, objectives and projects of the charity is provided to potential beneficiaries, the costs associated with this publicity are allocated to charitable expenditure.
Where such information about the aims, objectives and projects of the charity is also provided to potential donors, activity costs are apportioned between fundraising and charitable activities on the basis of area of literature occupied by each activity. Fundraising 8% Legal Education 6% Legal Training & Practice 73% Advocacy costs 13%
Support and governance costs are re-allocated to each of the activities on a basis consistent with the use of resources. Support costs comprise central costs including salaries and other expenses necessary to support the centre’s activities. Governance costs are the costs associated with the governance arrangements of the charity. These costs are associated with constitutional
and statutory requirements and include any costs associated with the strategic management of the charity’s activities.
1.k Operating leases
Rental charges are charged on a straight line basis over the term of the lease.
1.l Tangible fixed assets
Items of equipment are capitalised where the purchase price exceeds £1,000. Depreciation costs are allocated to activities on the basis of the use of the related assets in those activities. Assets are reviewed for impairment if circumstances indicate their carrying value may exceed their net realisable value and value in use. Major components are treated as a separate asset where they have significantly different patterns of consumption of economic benefits and are depreciated separately over its useful life.
Depreciation is provided at rates calculated to write down the cost of each asset to its estimated residual value over its expected useful life. The depreciation rates in use are as follows:
Fixtures and fittings 12.5% straight line Computer equipment 30% straight line Motor vehicles 25% straight line
1.m Debtors
Trade and other debtors are recognised at the settlement amount due after any trade discount offered. Prepayments are valued at the amount prepaid net of any trade discounts due.
1. n Cash at bank and in hand
Cash at bank and cash in hand includes cash and short term highly liquid investments with a short maturity of three months or less from the date of acquisition or opening of the deposit or similar account.
1.o Creditors and provisions
Creditors and provisions are recognised where the charity has a present obligation resulting from a past event that will probably result in the transfer of funds to a third party and the amount due to settle the obligation can be measured or estimated reliably. Creditors and provisions are normally
recognised at their settlement amount after allowing for any trade discounts due.
1.p Financial instruments
The charity only has financial assets and financial liabilities of a kind that qualify as basic financial instruments. Basic financial instruments are initially recognised at transaction value and subsequently measured at their settlement value
with the exception of bank loans which are subsequently measured at amortised cost using the effective interest method.
1.q Employee benefits
The cost of any unused holiday entitlement is recognised in the period in which the employee’s services are received.
Termination benefits are recognised immediately as an expense when the Charity is demonstrably committed to terminate the employment of an employee or to provide termination benefits.
1.r Retirement benefits
Payments to defined contribution retirement benefit schemes are charged as an expense as they fall due.
1.s Foreign exchange
Transactions in currencies other than pounds sterling are recorded at the rates of exchange prevailing at the dates of the transactions. At each reporting end date, monetary assets and liabilities that are denominated in foreign currencies are retranslated at the rates prevailing
on the reporting end date. Gains and losses arising on translation are included in net income/ (expenditure for the period).
2. Critical accounting estimates and judgements
In the application of the Charity’s accounting policies, the Trustees are required to make judgements, estimates and assumptions about the carrying amount of assets and liabilities that are not readily apparent from other sources. The estimates and associated assumptions are based on historical experience and other factors that are considered to be relevant. Actual results may differ from these estimates.
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Such estimates are generally in relation to the allocation of pro bono income and expense, whereby the estimate is based on the value of the work to the charity.
The estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognised in the period in which the estimate is revised where the revision affects only that period, or in the period of the revision and future periods where the revision affects both current and future periods
3. Income from donations and legacies
| Individual donations Corporates & Trusts Gifts in kind |
2023 2022 Unrestricted Restricted Total Unrestricted Restricted Total £ £ £ £ £ £ 102,577 1,560 104,137 50,097 1,560 51,657 2,270,553 365,522 2,636,076 1,215,120 227,845 1,442,965 128,615 - 128,615 149,854 - 149,854 |
|---|---|
| 2,501,745 367,082 2,868,828 1,415,070 229,405 1,644,476 |
Included within individual donations is an amount of £nil (2022: £nil) in respect of legacies.
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4a Analysis of expenditure (current year)
Charitable activities
| Raising funds | Legal Education | Legal Practice | Improving Prison Conditions |
Promoting human rights in the justice system |
Governance costs |
Support costs |
2023 Total | 2022 Total | |
|---|---|---|---|---|---|---|---|---|---|
| £ | £ | £ | £ | £ | £ | £ | £ | £ | |
| Staff costs (Note 6) | 68,046 | 56,599 | 598,405 | 178,418 | 194,425 | 1,095,893 | 970,000 | ||
| Pro bono services | 25,516 | 103,099 | 128,615 | 149,854 | |||||
| Programme Activities and Direct costs |
42,884 | 679,699 | 1,220 | 46,456 | 770,259 | 868,943 | |||
| Operational support | 61,953 | 122,024 | 437,157 | 621,134 | 505,858 | ||||
| 129,999 | 124,998 | 1,381,203 | 1,220 | 224,875 | 122,024 | 631,583 | 2,615,901 | 2,494,655 | |
| Support costs | 50,527 | 37,895 | 461,055 | 82,106 | - | (631,583) | |||
| Governance costs | 9,762 | 7,321 | 89,077 | 15,863 | (122,024) | - | () | ||
| Total expenditure 2023 | 190,287 | 170,215 | 1,931,336 | 1,220 | 322,844 | - | - | 2,615,901 | 2,494,655 |
| Total expenditure 2022 | 265,143 | 283,237 | 1,665,986 | 28,275 | 252,012 | () | - | 2,494,655 |
4b Analysis of expenditure (prior year)
| Staff costs (Note 6) Pro bono services Programme Activities and Direct costs Operational support Support costs Governance costs |
Charitable activities Raising funds Legal Education Legal Training & Practice Improving Prison Conditions Promoting human rights in the justice system Governance costs Support costs 2022 Total 2021 Total £ £ £ £ £ £ £ £ £ - 90,140 381,858 - 103,051 - 384,925 959,974 744,825 - 77,492 30,583 - - 34,279 7,500 149,854 148,789 - 40,441 655,011 19,923 57,094 - 41,520 813,990 447,004 98,079 - - - - 264,134 159,278 521,492 489,916 |
|---|---|
| 98,079 208,073 1,067,452 19,923 160,145 298,413 593,223 2,445,309 1,830,534 41,526 53,390 433,052 - 65,255 - (593,223) - 20,889 26,857 217,842 - 32,825 (298,413) - - |
|
| Total Expenditure 2022 | 160,494 288,320 1,718,346 19,923 258,225 - - 2,445,309 1,830,534 |
Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
5. Net income for the year
This is stated after charging / (crediting):
| 2023 | 2022 | |
|---|---|---|
| £ | £ | |
| Depreciation | 43,760 | 32,351 |
| Profit on disposal of fixed assets | - | (827) |
| Auditor’s remuneration (excluding VAT): | ||
| Audit-Current year | 9,000 | 9,000 |
| Audit-prior year over accrual | - | - |
| Foreign exchange (losses) | (335,233) | 140,882 |
6. Staff costs were as follows:
| Salaries and wages Redundancy and termination costs Social security costs Employer’s contribution to defined contribution pension schemes |
2023 2022 £ £ 942,126 875,967 30,000 - 55,111 55,120 68,656 38,913 |
|---|---|
| 1,095,893 970,000 |
There were £30,000 of settlement costs paid at the balance sheet date and no redundancy or termination costs accrued at the balance sheet date
One employee earned between £170,000 and £180,000 during the year (2022: one between £90,000 and £100,000).
The total employee benefits (including pension contributions and employer’s national insurance) of the key management personnel were £498,816 (2022: £480,922).
The charity trustees were neither paid nor received any other benefits from employment with the charity in the year (2022: £nil). No charity Trustee received payment for professional or other services supplied to the charity (2022: £nil).
No trustees received expenses or payment for reimbursement of travel and subsistence costs totalling in the year (2022: £nil).
7. Staff numbers
The average number of employees (head count based on number of staff employed) during the year was 56 (2022: 49).
8. Related party transactions
There were no loans made to the charity in the year (2022: £nil). There were no related party balances at the year end (2022: £nil)
Aggregate donations and other restricted income from Trustees were £2,400 (2022: £3,230).
9. Taxation
The charitable company is exempt from corporation tax as all its income is charitable and is applied for charitable purposes.
10. Tangible fixed assets
| Fixtures and fittings |
Computer equipment |
Motor vehicles | Total | |
|---|---|---|---|---|
| £ | £ | £ | £ | |
| Cost or valuation | ||||
| At the start of the year | 42,021 | 126,533 | 4,884 | 173,438 |
| Additions in year | 10,378 | 41,873 | 3629 | 55,881 |
| Disposals inyear | - | - | - | - |
| At the end of theyear | 52,399 | 168,406 | 8,513 | 229,319 |
| Depreciation At the start of the year Charge for the year Eliminated on disposal |
26,200 5,682 - |
68,823 37,352 - |
4,884 726 - |
99,907 43,760 - |
| At the end of theyear | 26,200 | 106,175 | 5,610 | 143,667 |
| Net book value | ||||
| At the end of the year | 20,517 | 62,232 | 2,903 | 85,652 |
| At the start of the year | 15,821 | 57,710 | - | 73,531 |
All of the above assets are used for charitable purposes.
11. Debtors
| Other debtors Prepayments and accrued income Amounts due from parent company |
2023 2022 £ £ 12,811 17,519 37,621 32,525 204,499 |
|---|---|
| 254,931 50,044 |
Included in accrued income are amounts due in more than one year of £nil (2022: £32,525)
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Justice Defenders | Annual Report 2023
Justice Defenders | Annual Report 2023
12. Creditors: amounts falling due within one year
| Trade creditors Taxation and social security Other creditors Accruals |
2023 2022 £ £ 18,979 23,557 78,524 13,819 1,893 2,552 32,285 72,115 |
|---|---|
| 131,681 112,044 |
13. a Analysis of net assets between funds (current year)
| Tangible fixed assets Net current assets Net assets at 31 December 2023 |
General unrestricted Restricted Total funds £ £ £ 85,652 - 85,652 206,912 95,698 302,609 |
|---|---|
| 292,564 95,698 388,261 |
14.b Movements in funds (prior year)
| Restricted funds: Legal Education Legal Practice Improving Prison Conditions Total restricted funds General funds Total funds |
At 1 January 2022 Income & gains Expenditure & losses At 31 December 2022 £ £ £ £ 45,883 11,923 (51,687) 6,119 14,391 215,922 (136,058) 94,255 19,583 1,560 (19,923) 1,220 |
|---|---|
| 79,857 229,405 (207,668) 101,594 |
|
| 850,395 1,267,198 -2,087,785 29,808 |
|
| 675,102 1,577,746 -1,517,548 131,402 |
Purposes of restricted funds
-
Legal Education
-
To enable prisoners and prison staff to study law at the University of London by distance learning.
-
Legal Training & Practice
13.b Analysis of net assets between funds (prior year)
| Tangible fixed assets Net current assets Net assets at 31 December 2022 |
General unrestricted Restricted Total funds £ £ £ 73,531 - 73,531 (43,723) 101,595 57,872 |
|---|---|
| 29,808 101,595 131,403 |
To promote respect and fulfillment of the right of access to justice for inmates in Kenya and Uganda.
- Improving Prison Conditions
To improve the health awareness and adult literacy of children and young people living within a prison complex and to support the health of inmates living with HIV.
- Promoting human rights in the justice system
To improve the awareness of human rights issues to those within the justice law and order sector as well as to funders and other supporters.
15. Operating Lease Commitments
Lessee
14.a Movements in funds (current year)
| Restricted funds: Legal Education Legal Practice Improving Prison Conditions Total restricted funds General funds Total funds |
At 1 January 2023 Income & gains Expenditure & losses At 31 December 2023 £ £ £ £ 6,119 - (6,119) - 94,255 367,082 (365,640) 95,697 1,220 (1220) - |
|---|---|
| 101,595 367,082 (372,979) 95,697 |
|
| 29,808 2,505,679 (2,242,923) 292,564 |
|
| 131,403 2,872,761 (2,615,902) 388,261 |
At the reporting end date the charity had outstanding commitments for future minimum lease payments under non-cancellable operating leases as follows
2023 2022 £ £ 44,875 NIL
16. Legal status of the charity
The charity is a company limited by guarantee and has no share capital. The liability of each member in the event of winding up is limited to £1.
- © 2023 by Justice Defenders. All rights reserved.
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