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Criminal Justice and Courts Act 2015

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Criminal Justice and Courts Act 2015. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

    1. Part 1 – Criminal Justice

    2. Part 2 – Young Offenders

    3. Part 3 - Courts and Tribunals

    4. Part 4 – Judicial Review

    5. Territorial extent and application

    6. Provisions in the Act that extend to Northern Ireland

    7. Provisions in the Act that extend to Scotland

    8. Provisions in the Act that apply in Wales

  3. Commentary on Sections

    1. Part 1 – Criminal Justice

      1. Dangerous offenders

        1. Section 1: Maximum sentence for certain offences to be life imprisonment

        2. Section 2: Specified offences

        3. Section 3: Schedule 15B offences

        4. Section 4: Parole Board release when serving extended sentences

        5. Section 5: Minor amendments

      2. Other offenders of particular concern

        1. Section 6: Sentence and Parole Board release for offenders of particular concern

        2. Schedule 1: Sentence and Parole Board release for offenders of particular concern

      3. Offences of particular concern

      4. Terrorism

      5. Sexual offences

      6. Attempts etc to commit preceding offences or murder

      7. Abolished offences

      8. Release on licence to be directed by the Parole Board

      9. Release and recall of prisoners

        1. Section 7: Electronic monitoring following release on licence etc

        2. Schedule 2: Electronic monitoring and licences etc: consequential provision

        3. Section 8: Recall adjudicators

        4. Section 9: Test for release after recall: determinate sentences

        5. Section 10: Power to change test for release after recall: determinate sentences

        6. Section 11: Initial release and release after recall: life sentences

        7. Section 12: Offence of remaining unlawfully at large after recall

        8. Section 13: Offence of remaining unlawfully at large after temporary release

        9. Section 14: Definition of “requisite custodial period”

        10. Section 15: Minor amendments and transitional cases

      10. Prisons

        1. Section 16: Drugs for which prisoners etc may be tested

      11. Cautions

        1. Section 17: Restrictions on use of cautions

        2. Section 18: Restrictions on use of cautions: supplementary

        3. Section 19: Alternatives to prosecution: rehabilitation of offenders in Scotland

      12. Offences involving ill-treatment or wilful neglect

        1. Section 20: Ill-treatment or wilful neglect: care worker offence

        2. Schedule 4: Ill-treatment or wilful neglect by care worker: excluded health care

        3. Section 21: Ill-treatment or wilful neglect: care provider offence

        4. Section 22: Care provider offence: excluded care providers

        5. Section 23: Care provider offence: penalties

        6. Section 24: Care provider offence: application to unincorporated associations

        7. Section 25: Care provider: liability for ancillary and other offences

      13. Offences involving police or prison officers

        1. Section 26: Corrupt or other improper exercise of police powers and privileges

        2. Section 27: Term of imprisonment for murder of police or prison officer

      14. Repeat offences involving offensive weapons

        1. Section 28: Minimum sentence for repeat offences involving offensive weapons

        2. Schedule 5: Minimum sentence for repeat offences involving offensive weapons: consequential amendments

      15. Driving offences

        1. Section 29: Offences committed by disqualified drivers

        2. Schedule 6: Offences committed by disqualified drivers: further amendments

        3. Section 30: Extension of disqualification from driving where custodial sentence also imposed

        4. Section 31: Mutual recognition of driving disqualification in UK and Republic of Ireland

        5. Schedule 7: Mutual recognition of driving disqualification in UK and Republic of Ireland

        6. Section 32: Sending letters etc with intent to cause distress or anxiety

      16. Offences involving intent to cause distress etc

        1. Section 33: Disclosing private sexual photographs and films with intent to cause distress

        2. Schedule 8: Disclosing private sexual photographs or films: providers of information society services

        3. Section 34: Meaning of “disclose” and “photograph or film”

        4. Section 35: Meaning of “private” and “sexual”

      17. Offences involving sexual grooming or pornographic images

        1. Section 36: Meeting a child following sexual grooming etc

        2. Section 37: Possession of pornographic images of rape and assault by penetration

    2. Part 2 – Young Offenders

      1. Detention of Young Offenders

        1. Section 38: Secure colleges and other places for detention of young offenders etc

        2. Schedule 9: Secure colleges etc: further amendments

        3. Section 39: Contracting out secure colleges

        4. Schedule 10: Contracting out secure colleges

          1. Part 1 Contracting out provision and running of secure colleges

          2. Part 2 Certification of secure college custody officers

          3. Part 3 Contracting out functions at directly managed secure colleges

        5. Section 40: Powers of Youth Justice Board in relation to provision of accommodation

      2. Other matters

        1. Section 41: Youth cautions and conditional cautions: involvement of appropriate adults

        2. Section 42: Duties of custody officer after charge: arrested juveniles

        3. Section 43: Referral orders: alternatives to revocation for breach of youth offender contract

        4. Section 44: Referral orders: extension on further conviction

        5. Section 45: Referral orders: revocation on further conviction

    3. Part 3 – Courts and Tribunals

      1. Trial by single justice on the papers

        1. Section 46: Instituting proceedings by written charge

        2. Section 47: Instituting proceedings: further provision

        3. Section 48: Trial by single justice on the papers

        4. Section 49: Trial by single justice on the papers: sentencing etc

        5. Section 50: Further amendments

        6. Schedule 11: Trial by single justice following a written charge: further amendments

      2. Time limit for bringing certain criminal proceedings

        1. Section 51: Offence of improper use of public electronic communications network

      3. Committal to Crown Court

        1. Section 52: Low-value shoplifting: mode of trial

        2. Section 53: Committal of young offenders convicted of certain serious offences

      4. Costs of criminal courts

        1. Section 54: Criminal courts charge

        2. Schedule 12: Further provisions about criminal courts charge

        3. Section 55: Duty to review criminal courts charge

      5. Collection of fines etc

        1. Section 56: Variation of collection orders etc

      6. Civil proceedings relating to personal injury

        1. Section 57: Personal injury claims: cases of fundamental dishonesty

        2. Section 58: Rules against inducements to make personal injury claims

        3. Section 59: Effect of rules against inducements

        4. Section 60: Inducements: interpretation

        5. Section 61: Inducements: regulations

      7. Appeals in civil proceedings

        1. Section 62: Appeals from the Court of Protection

        2. Section 63: Appeals from the High Court to the Supreme Court

        3. Section 64: Appeals from the Upper Tribunal to the Supreme Court

          Section 65: Appeals from the Employment Appeal Tribunal to the Supreme Court

          Section 66: Appeals from the Special Immigration Appeals Commission to the Supreme Court

      8. Costs in civil proceedings

        1. Section 67: Wasted costs in certain civil courts

      9. Juries and members of the Court Martial

        1. Section 68: Upper age limit for jury service to be 75

        2. Section 69: Jurors and electronic communications devices

        3. Section 70: Jurors and electronic communications devices: powers of search etc

        4. Section 71: Research by jurors

        5. Section 72: Sharing research with other jurors

        6. Section 73: Jurors engaging in other prohibited conduct

        7. Section 74: Disclosing jury’s deliberations

        8. Section 75: Juries at inquests and Schedule 13: Juries at inquests

        9. Section 76: Members of the Court Martial

        10. Schedule 14: Members of the Court Martial

        11. New Schedule 2A to the Armed Forces Act 2006: Offences relating to members of the Court Martial

          1. Paragraph 2 of new Schedule 2A: Research by lay members

          2. Paragraph 3 of new Schedule 2A: Sharing research with other lay members

          3. Paragraph 4 of new Schedule 2A: Engaging in other prohibited conduct

          4. Paragraph 5 of new Schedule 2A: Disclosing information about members’ deliberations

          5. Paragraphs 6 to 8 of new Schedule 2A: exceptions to paragraph 5

          6. Paragraph 9 of new Schedule 2A: Saving for contempt of court

          7. Part 2 of Schedule 13: Further amendments

        12. Section 77: Supplementary provision

      10. Reporting restrictions

        1. Section 78: Lifetime reporting restrictions in criminal proceedings for witnesses and victims under 18

        2. Section 79: Reporting restrictions in proceedings other than criminal proceedings

        3. Section 80 and Schedule 15: Reporting restrictions: providers of information society services

      11. Other matters

        1. Section 81: Representations to Parliament by the President of the Supreme Court

        2. Section 82: The supplementary panel of the Supreme Court

        3. Section 83: Minor amendments

    4. Part 4 – Judicial Review

      1. Judicial review in the High Court and Upper Tribunal

        1. Section 84: Likelihood of substantially different outcome for applicant

        2. Section 85: Provision of information about financial resources

        3. Section 86: Use of information about financial resources

        4. Section 87: Interveners and costs

        5. Section 88: Capping of costs

        6. Section 89: Capping of costs: orders and their terms

        7. Section 90: Capping of costs: environmental cases

      2. Planning proceedings

        1. Section 91: Procedure for certain planning challenges

        2. Schedule 16: Procedure for certain planning challenges

        3. Section 92: Periods of time for certain legal challenges

    5. Part 5 – Final Provisions

      1. Section 93: Power to make consequential and supplementary provision etc

      2. Section 94: Financial provision

      3. Section 95: Commencement

      4. Section 96: Extent

      5. Section 97: Channel Islands, Isle of Man and British overseas territories

      6. Section 98: Short title

  4. Commencement

  5. Hansard References

  • Explanatory Notes Table of contents

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