Legislation – Judicial Review and Courts Act 2022

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Introduction

Part 1
Judicial review

1 Quashing orders

2 Exclusion of review of Upper Tribunal’s permission-to-appeal decisions

Part 2
Courts, tribunals and coroners

Chapter 1 Criminal procedure

Written procedures for dealing with summary offences

3 Automatic online conviction and penalty for certain summary offences

4 Guilty plea in writing: extension to proceedings following police charge

5 Extension of single justice procedure to corporations

Offences triable either way: determining the mode of trial

6 Written procedure for indicating plea and determining mode of trial: adults

7 Initial option for adult accused to reject summary trial at hearing

8 Written procedure for indicating plea and determining mode of trial: children

9 Powers to proceed if accused absent from allocation hearing

Transfer of cases between courts

10 Sending cases to Crown Court for trial

11 Powers of Crown Court to remit cases to the magistrates’ court

12 Powers of youth court to transfer cases if accused turns 18

Sentencing powers of magistrates’ courts

13 Maximum term of imprisonment on summary conviction for either-way offence

Miscellaneous and consequential provision

14 Involvement of parent or guardian in proceedings conducted in writing

15 Removal of certain requirements for hearings about procedural matters

16 Documents to be served in accordance with Criminal Procedure Rules

17 Power to make consequential or supplementary provision

18 Consequential and related amendments

Chapter 2 Online procedure

19 Rules for online procedure in courts and tribunals

20 “Specified kinds” of proceedings

21 Provision supplementing section 19

22 The Online Procedure Rule Committee

23 General powers of the Online Procedure Rule Committee

24 Power to make certain provision about dispute-resolution services

25 Power to change certain requirements relating to the Committee

26 Process for making Online Procedure Rules

27 Power to require Online Procedure Rules to be made

28 Power to make amendments in relation to Online Procedure Rules

29 Duty to make support available for those who require it

30 Power to make consequential or supplementary provision

31 Amendments of other legislation

32 Judicial agreement to certain regulations

33 Interpretation of this Chapter

Chapter 3 Employment tribunals and the Employment Appeal Tribunal

34 Employment Tribunal Procedure Rules

35 Composition of tribunals

36 Saving for existing procedural provisions

37 Exercise of tribunal functions by authorised persons

38 Responsibility for remunerating tribunal members

Chapter 4 Coroners

39 Discontinuance of investigation where cause of death becomes clear

40 Power to conduct non-contentious inquests in writing

41 Use of audio or video links at inquests

42 Suspension of requirement for jury at inquest where coronavirus suspected

43 Phased transition to new coroner areas

44 Provision of information to registrar when investigation discontinued

Chapter 5 Other provisions about courts and tribunals

Local justice areas

45 Abolition of local justice areas

Courthouses in the City of London

46 The Mayor’s and City of London Court: removal of duty to provide premises

47 The City of London Magistrates’ Court: removal of duty to provide premises

Pro bono representation in courts and tribunals

48 Payments in respect of pro bono representation

Part 3
Final provisions

49 Regulations

50 Extent

51 Commencement and transitional provision

52 Short title

SCHEDULES

Schedule 1 Documents to be served in accordance with Criminal Procedure Rules

Schedule 2 Criminal procedure: consequential and related amendments

Schedule 3 Practice directions for online proceedings

Schedule 4 Online procedure: amendments

Schedule 5 Employment Tribunal Procedure Rules: further provision

Schedules

Schedule 4Online procedure: amendments

Tribunals, Courts and Enforcement Act 2007

4

(1)

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

(2)

In section 22 (Tribunal Procedure Rules), after subsection (5) insert—

“(6)

Tribunal Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by—

(a)

Online Procedure Rules,

(b)

directions under paragraph 5 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(c)

regulations under section 21(1)(b) of that Act.”

(3)

In section 23 (practice directions), after subsection (7) insert—

“(8)

Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except—

(a)

to such extent as may be provided by—

(i)

Online Procedure Rules, or

(ii)

directions under paragraph 5 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(b)

to such extent as Tribunal Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.”