Legislation – Judicial Review and Courts Act 2022

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

51 Commencement and transitional provision

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Judicial Review and Courts Act 2022, Section 21.

Changes to Legislation

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Part 2Courts, tribunals and coroners

Chapter 2Online procedure

21Provision supplementing section 19

(1)

The Lord Chancellor may, by regulations, provide for circumstances in which—

(a)

a person initiating proceedings of a specified kind may choose whether the proceedings are to be governed by Online Procedure Rules or the applicable standard rules;

(b)

the person initiating any aspect of proceedings that are governed by Online Procedure Rules may choose for that aspect to be initiated, conducted, progressed or disposed of in accordance with the applicable standard rules instead of Online Procedure Rules.

(2)

Directions under Schedule 3 do not apply to proceedings to the extent that the applicable standard rules apply to those proceedings by virtue of regulations under subsection (1)(b).

(3)

The Lord Chancellor may, by regulations, provide—

(a)

for circumstances in which proceedings of a specified kind—

(i)

are not to be governed by Online Procedure Rules, or

(ii)

are to cease to be governed by Online Procedure Rules, and

(b)

for the proceedings to be governed by the applicable standard rules instead.

(4)

The Lord Chancellor may, by regulations, provide—

(a)

for circumstances in which excluded proceedings—

(i)

are to be governed by Online Procedure Rules, or

(ii)

are to be governed again by Online Procedure Rules, and

(b)

for the proceedings to cease to be governed by the applicable standard rules.

(5)

For the purposes of subsection (4)(a), proceedings are “excluded” if the proceedings are not governed, or cease to be governed, by Online Procedure Rules because of—

(a)

Online Procedure Rules of the kind referred to in section 19(9)(a), or

(b)

regulations under subsection (1)(a) or (3)(a).

(6)

Regulations under this section are subject to the concurrence requirement (see section 32(1)).

(7)

Regulations under this section are subject to affirmative resolution procedure (see section 49(3)).