Legislation – Criminal Justice and Courts Act 2015

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Introduction

PART 1
Criminal Justice

1 Maximum sentence for certain offences to be life imprisonment

2 Specified offences

3 Schedule 15B offences

4 Parole Board release when serving extended sentences

5 Minor amendments

6 Sentence and Parole Board release for offenders of particular concern

7 Electronic monitoring following release on licence etc

8 Recall adjudicators

9 Test for release after recall: determinate sentences

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

11 Initial release and release after recall: life sentences

12 Offence of remaining unlawfully at large after recall

13 Offence of remaining unlawfully at large after temporary release

14 Definition of “requisite custodial period”

15 Minor amendments and transitional cases

16 Drugs for which prisoners may be tested

17 Restrictions on use of cautions

18 Restrictions on use of cautions: supplementary

19 Alternatives to prosecution: rehabilitation of offenders in Scotland

20 Ill-treatment or wilful neglect: care worker offence

21 Ill-treatment or wilful neglect: care provider offence

22 Care provider offence: excluded care providers

23 Care provider offence: penalties

24 Care provider offence: application to unincorporated associations

25 Care provider offence: liability for ancillary and other offences

26 Corrupt or other improper exercise of police powers and privileges

27 Term of imprisonment for murder of police or prison officer

28 Minimum sentence for repeat offences involving offensive weapons etc

29 Offences committed by disqualified drivers

30 Extension of disqualification from driving where custodial sentence also imposed

31 Mutual recognition of driving disqualification in and Republic of Ireland

32 Sending letters etc with intent to cause distress or anxiety

33 Disclosing , or threatening to disclose, private sexual photographs and films with intent to cause distress

34 Meaning of “disclose” and “photograph or film”

35 Meaning of “private” and “sexual”

36 Meeting a child following sexual grooming etc

37 Possession of pornographic images of rape and assault by penetration

PART 2
Young offenders

38 Secure colleges and other places for detention of young offenders etc

39 Contracting out secure colleges

40 Powers of Youth Justice Board in relation to provision of accommodation

41 Youth cautions and conditional cautions: involvement of appropriate adults

42 Duties of custody officer after charge: arrested juveniles

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

44 Referral orders: extension on further conviction

45 Referral orders: revocation on further conviction

PART 3
Courts and tribunals

46 Instituting proceedings by written charge

47 Instituting proceedings: further provision

48 Trial by single justice on the papers

49 Trial by single justice on the papers: sentencing etc

50 Further amendments

51 Offence of improper use of public electronic communications network

52 Low-value shoplifting: mode of trial

53 Committal of young offenders convicted of certain serious offences

54 Criminal courts charge

55 Duty to review criminal courts charge

56 Variation of collection orders etc

57 Personal injury claims: cases of fundamental dishonesty

58 Rules against inducements to make personal injury claims

59 Effect of rules against inducements

60 Inducements: interpretation

61 Inducements: regulations

62 Appeals from the Court of Protection

63 Appeals from the High Court to the Supreme Court

64 Appeals from the Upper Tribunal to the Supreme Court

65 Appeals from the Employment Appeal Tribunal to the Supreme Court

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

67 Wasted costs in certain civil proceedings

68 Upper age limit for jury service to be 75

69 Jurors and electronic communications devices

70 Jurors and electronic communications devices: powers of search etc

71 Research by jurors

72 Sharing research with other jurors

73 Jurors engaging in other prohibited conduct

74 Disclosing jury’s deliberations

75 Juries at inquests

76 Members of the Court Martial

77 Supplementary provision

78 Lifetime reporting restrictions in criminal proceedings for witnesses and victims under 18

79 Reporting restrictions in proceedings other than criminal proceedings

80 Reporting restrictions: information society services

81 Representations to Parliament by the President of the Supreme Court

82 The supplementary panel of the Supreme Court

83 Minor amendments

PART 4
Judicial review

84 Likelihood of substantially different outcome for applicant

85 Provision of information about financial resources

86 Use of information about financial resources

87 Interveners and costs

88 Capping of costs

89 Capping of costs: orders and their terms

90 Capping of costs: environmental cases

91 Procedure for certain planning challenges

92 Periods of time for certain legal challenges

PART 5
Final provisions

93 Power to make consequential and supplementary provision etc

94 Financial provision

95 Commencement

96 Extent

97 Channel Islands, Isle of Man and British overseas territories

98 Short title

SCHEDULES

SCHEDULE 1 Sentence and Parole Board release for offenders of particular concern

SCHEDULE 2 Electronic monitoring and licences etc: consequential provision

SCHEDULE 3 Recall adjudicators: further provision

SCHEDULE 4 Ill-treatment or wilful neglect: excluded health care

SCHEDULE 5 Minimum sentence for repeat offences involving offensive weapons etc: consequential provision

SCHEDULE 6 Offences committed by disqualified drivers: further amendments

SCHEDULE 7 Mutual recognition of driving disqualification in UK and Republic of Ireland

SCHEDULE 8 Disclosing , or threatening to disclose, private sexual photographs or films: providers of information society services

SCHEDULE 9 Secure colleges etc: further amendments

SCHEDULE 10 Contracting out secure colleges

SCHEDULE 11 Trial by single justice on the papers: further amendments

SCHEDULE 12 Further provision about criminal courts charge

SCHEDULE 13 Juries at inquests

SCHEDULE 14 Members of the Court Martial

SCHEDULE 15 Reporting restrictions: providers of information society services

SCHEDULE 16 Procedure for certain planning challenges

Changes to legislation:

Criminal Justice and Courts Act 2015, SCHEDULE 11 is up to date with all changes known to be in force on or before 16 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

SCHEDULE 11Trial by single justice on the papers: further amendments

Section 50

Criminal Law Act 1977 (c. 45)

1

(1)

Section 39 of the Criminal Law Act 1977 (service of summons etc) is amended as follows.

(2)

In subsection (1), after paragraph (c) (but before “and”) insert—

“(ca)

a single justice procedure notice (within the meaning of that section) requiring a person charged with an offence to serve a written notification stating—

(i)

whether or not the person desires to plead guilty, and

(ii)

if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates’ Courts Act 1980,”.

(3)

In subsection (1)(d), for “or (c)” substitute
, (c) or (ca)
.

(4)

After subsection (1) insert—

“(1A)

The documents falling within subsection (1)(a) include a summons directed to a person that is issued after the person’s trial has begun.”

Magistrates’ Courts Act 1980 (c. 43)

2

The Magistrates’ Courts Act 1980 is amended as follows.

3

(1)

Section 1 (issue of summons to accused etc) is amended as follows.

(2)

In subsection (4A), for “public prosecutor” substitute
relevant prosecutor authorised to issue requisitions
.

(3)

Omit subsection (4B).

(4)

In subsection (6A), for “public prosecutor” substitute
relevant prosecutor
.

4

In section 11 (non-appearance of accused: general provisions), after subsection (5) insert—

“(5A)

Subsection (4) does not apply in relation to proceedings adjourned under section 16C(3)(a) because of section 16C(2) (adjournment of a section 16A trial because the accused indicates a wish to make representations).”

5

In section 123 (defect in process), after subsection (2) insert—

“(3)

In the application of this section to proceedings conducted in accordance with section 16A—

(a)

a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and

(b)

subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted
is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A
.”

6

In section 150(1) (interpretation of other terms)—

(a)

omit the entry for “public prosecutor”, “requisition” and “written charge”, and

(b)

at the appropriate places insert—

““relevant prosecutor” has the meaning given by section 29 of the Criminal Justice Act 2003;”,

““requisition” has the meaning given by section 29 of the Criminal Justice Act 2003;”,

““single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003;”, and

““written charge” has the meaning given by section 29 of the Criminal Justice Act 2003;”.

Prosecution of Offences Act 1985 (c. 23)

7

(1)

Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1) is amended as follows.

(2)

In subsection (1)—

(a)

for “ “public prosecutor”” substitute
“relevant prosecutor”
, and

(b)

after “ “requisition”” insert
, “single justice procedure notice”
.

(3)

In subsection (2)—

(a)

in paragraph (ba), for “public prosecutor” substitute
relevant prosecutor
, and

(b)

after paragraph (ba) insert—

“(bb)

where a relevant prosecutor issues a written charge and single justice procedure notice, when the written charge and single justice procedure notice are issued;”.

Road Traffic Offenders Act 1988 (c. 53)

8

The Road Traffic Offenders Act 1988 is amended as follows.

F19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 8 (duty to include date of birth and sex in written plea of guilty), after paragraph (a) (but before “or”) insert—

“(aa)

serves a written notification on the designated officer for a magistrates’ court stating a desire to plead guilty and to be tried in accordance with section 16A of the Magistrates’ Courts Act 1980 (trial by single justice on the papers),”.

F211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pension Schemes Act 1993 (c. 48)

12

(1)

Section 68 of the Pension Schemes Act 1993 (unpaid premiums: supplementary) is amended as follows.

(2)

In subsection (1), after “1980” insert
or in proceedings conducted in accordance with section 16A of that Act
.

(3)

After subsection (1) insert—

“(1A)

Where subsection (1) applies in relation to a person being tried in accordance with section 16A of the Magistrates’ Courts Act 1980, the reference in subsection (1)(b) to the designated officer for the court is to be treated as including a reference to the designated officer for a magistrates’ court specified in the single justice procedure notice in question.”

Vehicle Excise and Registration Act 1994 (c. 22)

13

(1)

Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by absent accused and amount payable under section 30 or 36) is amended as follows.

(2)

After subsection (2) insert—

“(2A)

This section also applies if—

(a)

a person is convicted of an offence under section 29 or 35A while being tried in accordance with section 16A of the Magistrates’ Courts Act 1980 (trial by single justice on the papers), and

(b)

it is proved to the satisfaction of the court, in the manner prescribed by Criminal Procedure Rules, that a relevant notice was served on the accused with the written charge.”

(3)

In subsection (3)—

(a)

in paragraph (a), for “in a case within subsection (1)(a)” substitute
if the offence is an offence under section 29
, and

(b)

in paragraph (b), for “in a case within subsection (1)(b)” substitute
if the offence is an offence under section 35A
.

(4)

In subsection (5), for “The court shall not so proceed” substitute
Where this section applies by virtue of subsection (1), the court shall not proceed as described in subsection (4)
.

(5)

After subsection (5) insert—

“(6)

Where this section applies by virtue of subsection (2A), the court shall not proceed as described in subsection (4) if the written notification served by the accused or the legal representative of the accused in accordance with the single justice procedure notice includes a statement that the amount specified in the relevant notice is inappropriate.

(7)

In subsection (6) “single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003.”

Criminal Justice and Public Order Act 1994 (c. 33)

14

(1)

Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc of witnesses, jurors and others) is amended as follows.

(2)

In subsection (9)—

(a)

for “ “public prosecutor”” substitute
“relevant prosecutor”
, and

(b)

after “ “requisition”” insert
, “single justice procedure notice”
.

(3)

In subsection (10)(a)(ia)—

(a)

for “public prosecutor” substitute
relevant prosecutor
, and

(b)

after “and requisition” insert
or single justice procedure notice
.

Drug Trafficking Act 1994 (c. 37)

15

(1)

Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs prosecutions) is amended as follows.

(2)

In subsection (6), for “ “public prosecutor”” substitute
“relevant prosecutor”
.

(3)

In subsection (6A)(aa), for “public prosecutor” substitute
relevant prosecutor
.

Merchant Shipping Act 1995 (c. 21)

16

(1)

Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.

(2)

In subsection (2)(a)(ia), for “public prosecutor” substitute
relevant prosecutor
.

(3)

In subsection (2A), for “ “public prosecutor”” substitute
“relevant prosecutor”
.

Terrorism Act 2000 (c. 11)

17

(1)

In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is amended as follows.

(2)

In sub-paragraph (1)(aa), for “public prosecutor” substitute
relevant prosecutor
.

(3)

In sub-paragraph (2A), for “ “public prosecutor”” substitute
“relevant prosecutor”
.

Proceeds of Crime Act 2002 (c. 29)

18

(1)

Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.

(2)

In subsection (1)(aa)—

(a)

for “public prosecutor” substitute
relevant prosecutor
, and

(b)

after “and requisition” insert
or single justice procedure notice
.

(3)

In subsection (9)—

(a)

for “ “public prosecutor”” substitute
“relevant prosecutor”
, and

(b)

after “ “requisition”” insert
, “single justice procedure notice”
.

Education Act 2002 (c. 32)

19

(1)

Section 141F of the Education Act 2002 (restrictions on reporting alleged offences by teachers) is amended as follows.

(2)

In subsection (15)(b)—

(a)

for “public prosecutor” substitute
relevant prosecutor
, and

(b)

after “and requisition” insert
or single justice procedure notice
.

(3)

After subsection (15) insert—

“(16)

In subsection (15) “relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.”

Crime (International Co-operation) Act 2003 (c. 32)

20

The Crime (International Co-operation) Act 2003 is amended as follows.

21

(1)

Section 4A (general requirements for service of written charge or requisition) is amended as follows.

(2)

In the heading, for “or requisition” substitute
etc
.

(3)

In subsection (1), after paragraph (b) insert“and

(c)

a single justice procedure notice (within the meaning of that section).”

(4)

In subsection (2), for “The written charge or requisition” substitute
Each of the documents
.

(5)

In subsection (3), for “the written charge or requisition”, in both places, substitute
the document
.

(6)

In subsection (4), for “A written charge or requisition” substitute
Such a document
.

(7)

In subsection (5)—

(a)

after “a requisition” insert
or single justice procedure notice
, and

(b)

after “the requisition” insert
or single justice procedure notice
.

22

(1)

Section 4B (service of written charge or requisition otherwise than by post) is amended as follows.

(2)

In the heading, for “or requisition” substitute
etc
.

(3)

In subsection (1), for “or requisition” substitute
, requisition or single justice procedure notice
.

(4)

In subsection (2), for “the written charge or requisition” substitute
the document
.

(5)

In subsection (3)(b), for “the written charge or requisition” substitute
the document
.

Criminal Justice Act 2003 (c. 44)

F323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .