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 42.

Changes to Legislation

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Part 2Courts, tribunals and coroners

Chapter 4Coroners

42Suspension of requirement for jury at inquest where coronavirus suspected

(1)

In section 7 of the Coroners and Justice Act 2009 (whether inquest to be held with jury), after subsection (4) insert—

“(5)

But COVID-19 is not a notifiable disease for the purposes of subsection (2)(c).”

(2)

The amendment made by subsection (1) has effect in relation to any inquest opened on or after the day on which this section comes into force (regardless of the date of death).

(3)

The inserted subsection expires at the end of the period of two years beginning with the day on which this section comes into force, subject to regulations under subsection (6).

(4)

Before the expiry day, the Lord Chancellor must assess the likely effects of the expiry of the inserted subsection on the coronial system.

(5)

Subsection (6) applies if, having carried out that assessment, the Lord Chancellor considers that it would be expedient for the inserted subsection to continue in force beyond the expiry day.

(6)

The Lord Chancellor may, at any time before the inserted subsection expires, make regulations providing for the inserted subsection—

(a)

not to expire when it would otherwise expire, but

(b)

to expire at the end of such later day as is specified in the regulations.

(7)

The day specified under subsection (6)(b) may not be later than two years after the expiry day as it stands immediately before the making of the regulations.

(8)

Regulations under subsection (6) are subject to affirmative resolution procedure (see section 49(3)).

(9)

Subsection (2) expires when the inserted subsection expires.

But the expiry of the inserted subsection does not affect any inquest opened while the inserted subsection was in force.

(10)

In this section—

“the inserted subsection” means subsection (5) of section 7 of the Coroners and Justice Act 2009, as inserted by subsection (1);

“the expiry day” means the day at the end of which the inserted subsection is for the time being due to expire (whether by virtue of subsection (3) or regulations under subsection (6)).

(11)

In the Coronavirus Act 2020, omit section 30 (suspension of requirement for jury at inquest where coronavirus suspected).

(12)

The repeal made by subsection (11) does not affect any inquest opened while the repealed section was in force.