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Judicial Review And Courts Act 2022

Contents

Legal background

  1. The Act amends the following legislation:
    1. Part II of the Senior Courts Act 1981 in relation to adding a new provision on quashing orders and making changes to existing provisions on quashing orders.
    2. Part 1, Chapter 2 of the Tribunals, Courts and Enforcement Act 2007, which relates to review of decisions and appeals of the First-tier Tribunal and Upper Tribunal and provisions on quashing orders.
    3. Magistrates’ Court Act 1980 in relation to creating the automatic online conviction scheme, to pre-trial procedures in the magistrates’ court and in the youth court and in relation to removing the requirement for a hearing of an application to lift reporting restrictions. There is also an amendment in relation to magistrates’ court sentencing powers.
    4. Children and Young Persons Act 1933 in relation to involvement of a parent or guardian in criminal proceedings.
    5. Criminal Procedure (Attendance of Witnesses) Act 1965 in relation to removing the requirement for a hearing for a witness summons.
    6. Interpretation Act 1978 to insert a definition of the term "general limit" for the purposes of being able to vary the limit on magistrates’ court sentencing powers for the purpose of either way offences.
    7. Senior Courts Act 1981 in relation to the powers of the Crown Court to remit to the magistrates’ court.
    8. Criminal Justice Act 1987 in relation to removing the requirement for a hearing of an application to lift reporting restrictions.
    9. Environmental Protection Act 1990 in relation to magistrates’ court sentencing powers.
    10. Criminal Procedure and Investigations Act 1996 in relation to removing the requirement for a hearing of an application to lift reporting restrictions.
    11. Crime and Disorder Act 1998 in relation to sending cases to the Crown Court and the powers of the youth court.
    12. Scotland Act 1998 in relation to magistrates’ court sentencing powers.
    13. Youth Justice and Criminal Evidence Act 1998 in relation to removing the requirement for a hearing of an application to lift reporting restrictions.
    14. Criminal Justice Act 2003 in relation to the institution of criminal proceedings and to magistrates’ court sentencing powers.
    15. Sentencing Act 2020 in relation to remitting for sentence to the magistrates’ court or youth court and to create different "general limits" on sentencing for triable either way and summary-only offences and to create a power to vary the general limit on the custodial sentence for triable either way offences in the magistrates’ court to either 6 or 12 months.
    16. Schedule 1 of the Act replaces rules for service of documents in criminal or related proceedings with those set out in the Criminal Procedure Rules in the following fourteen Acts: Road Traffic Act 1960, Misuse of Drugs Act 1971, Prices Act 1974, Salmon and Freshwater Fisheries Act 1975, Isle of Man Act 1979, Magistrates’ Courts Act 1980, Public Passenger Vehicles Act 1981, Video Recordings Act 1984, Weights and Measures Act 1985, Road Traffic Act 1988, Road Traffic Offenders Act 1988, Transport and Works Act 1992, Powers of Criminal Courts (Sentencing) Act 2000 and the Criminal Justice and Police Act 2001.
    17. The Employment Tribunals Act 1996, which provides for employment tribunals and the Employment Appeal Tribunal and for their composition and powers and for practice and procedure in proceedings before them.
    18. The Civil Procedure Act 1997, which establishes the Civil Procedure Rule Committee and the power to make Civil Procedure Rules.
    19. The Courts Act 2003, which among other things establishes the Family Procedure Rule Committee and the power to make Family Procedure Rules.
    20. The Tribunals, Courts and Enforcement Act 2007, which among other things establishes the Tribunal Procedure Committee and the power to make Tribunal Procedure Rules.
    21. Section 4 of the Coroners and Justice Act 2009, which relates to discontinuance of investigation where cause of death becomes clear before inquest.
    22. The Act will disapply Section 7(2)(c) of the Coroners and Justice Act 2009 which requires a coroner to hold an inquest by jury where they have reason to suspect that the cause of death is COVID-19 (a notifiable disease).
    23. The Act adds Section 9C to the Coroners and Justice Act 2009 to give a power to coroners to conduct non-contentious inquests in writing.
    24. Section 45 of the Coroners and Justice Act 2009, which relates to coroners rules.
    25. The Act adds Section 9C to the Coroners and Justice Act 2009 to give a power to coroners to conduct non-contentious inquests in writing.
    26. The Act adds Paragraph 1A into Schedule 22 of the Coroners and Justice Act 2009 (transitional provisions) so that two or more coroner areas may be combined even if the new coroner area is not the entire local authority area (as is otherwise required by paragraph 1(2) of Schedule 2 to the Coroners and Justice Act 2009).
    27. Section 29 of the Courts Act 1971, which relates to the current statutory duty on the City of London to provide the Mayor’s and City of London Court.
    28. Repealing paragraph 16 of Schedule 2 to the Courts Act 2003, in respect of the City of London Magistrates’ Court; and paragraph 35 of Schedule 14 to the Access to Justice Act 1999, consequential on that repeal.

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