Courts and Tribunals Bill — Bill 422 2024-26 (as introduced) - xml

[
]

CONTENTS

Part 1

Proceedings in the criminal courts

Determining mode of trial

1
Removal of right to elect trial on indictment

2
Written indication of guilty plea: removal of right to object to venue

Trial on indictment without jury

3
Trial on indictment without a jury: general rule for allocation

4
Trial on indictment without a jury: complex or lengthy cases

5
Consequential amendments relating to sections 3 and 4

Sentencing powers of magistrates’ courts

6
Increase in maximum custodial sentence in magistrates’ court

Appeals from magistrates’ courts

7
Appeals from magistrates’ courts

Admissibility of evidence

8
Restriction on evidence or questions about complainant’s sexual history

9
Compensation claims in proceedings for sexual offences

10
Evidence about previous false complaints relating to sexual offences

11
Evidence of propensity to commit offences involving domestic abuse

Special measures directions

12
Use of screens etc

13
Witness to be accompanied while giving evidence

14
Exclusion of persons from court

15
Editing of video recorded cross-examination and re-examination

16
Application of special measures to victim impact statements etc

Part 2

Other provision about courts and tribunals

Decisions of courts under Children Act 1989

17
Welfare of the child: repeal of presumption of parental involvement

Tribunals

18
Leadership of tribunals

Lay justices’ allowances

19
Lay justices’ allowances

The Crown Court in the City of London

20
Special provision when Crown Court sits in City of London

Part 3

Final provisions

21
Power to make consequential amendments

22
Power to make transitional or saving provision

23
Power to state effect of provisions commencing Sentencing Code amendments

24
Regulations

25
Extent

26
Commencement

27
Short title

Schedule 1
New Schedule 3ZA to the Criminal Justice Act 2003

Schedule 2
Appeals from magistrates’ courts

Part 1
Amendments of Magistrates’ Courts Act 1980

Part 2
Amendments of other legislation

Schedule 3
Leadership of tribunals

Part 1
Amendments of Constitutional Reform Act 2005

Part 2
Amendments of Tribunals, Courts and Enforcement Act 2007

Part 3
Amendments of Employment Tribunals Act 1996

Part 4
Amendments of other Acts

[
]

A

bill

to

Make provision in relation to criminal courts in England and Wales; to make provision about the leadership of tribunals; to amend section 1 of the Children Act 1989 to remove the presumption relating to the involvement of parents in the life of a child; and for connected purposes.

B
e it enacted
by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Proceedings in the criminal courts

Determining mode of trial

1

Removal of right to elect trial on indictment

(1)

Part 1 of the Magistrates’ Courts Act 1980 (criminal jurisdiction and procedure)
is amended in accordance with subsections
(2)
to
(8)
.

(2)

In section 17ZA (option to indicate plea in writing) (as inserted by section 6
of the Judicial Review and Courts Act 2022), in subsection (6), for “neither
subsection (3) nor subsection (5) of that section has effect” substitute
“subsection (3) does not have effect”.

(3)

In section 17ZC (option to decline summary trial etc following written
indication of not guilty plea) (as inserted by section 6 of the Judicial Review
and Courts Act 2022)—

(a)

for the heading substitute “Option for mode of trial to be decided on
papers following written indication of not guilty plea”;

(b)

in subsection (1), omit “or (5)”;

(c)

in subsection (2), for “neither subsection (3) nor subsection (5) has
effect” substitute “subsection (3) does not have effect”;

(d)

in subsection (3)—

(i)

for the words from “If” to “court” substitute “A magistrates’
court”;

(ii)

for paragraph (b) substitute—

(b)

ask the accused whether the accused wishes to
make an election for written allocation
proceedings.

;

(e)

in subsection (4)—

(i)

in paragraph (a)(i), for “questions” substitute “question”;

(ii)

in paragraph (a)(ii), for the words from “doing” to the end
substitute “making or failing to make an election for written
allocation proceedings”;

(iii)

in paragraph (b), omit “give a written indication of non-consent
to summary trial or”;

(f)

omit subsections (5) to (7);

(g)

in subsection (8), for “Otherwise, where subsection (3) or (5)” substitute
“Where subsection (3)”;

(h)

in subsection (9)—

(i)

in paragraph (a)(i), for “the questions required by subsection
(3) or (5)” substitute “the question required by subsection (3)”;

(ii)

in paragraph (a)(ii), omit “or (6)(b)”;

(iii)

omit paragraph (b);

(iv)

for paragraph (c) substitute—

(c)

references to a person’s failing to make an
election for written allocation proceedings are
to a person’s—

(i)

having been provided with the
information and asked the question
required by subsection (3), and

(ii)

not having, within the period indicated
under subsection (4)(b), made an election
for written allocation proceedings.

(4)

In section 18 (initial procedure on information against adult for offence triable
either way)—

(a)

in subsection (1) (as substituted by paragraph 6(7)(a) of Schedule 2 to
the Judicial Review and Courts Act 2022)—

(i)

in paragraph (a), omit sub-paragraph (ii) (and the “and” at the
end of sub-paragraph (i));

(ii)

in paragraph (b), omit the “and” at the end of sub-paragraph
(i);

(iii)

in that paragraph, omit sub-paragraph (ii) (but not the “or”
after it);

(b)

in subsection (1A) (as substituted by paragraph 6(7)(a) of that
Schedule)—

(i)

in paragraph (a), omit “that is not a scheduled offence”;

(ii)

in that paragraph, omit sub-paragraph (ii) (but not the “and”
after it);

(iii)

omit paragraph (b) (but not the “or” after it);

(iv)

in paragraph (c), for “neither subsection (3) nor subsection (5)
of section 17ZC has effect” substitute “section 17ZC(3) does
not have effect”;

(c)

in subsection (4A) (as inserted by paragraph 6(7)(b) of that Schedule),
for the words from “where” to the end substitute “where a person
charged with an offence—

(a)

has given a written indication of a not guilty plea, and

(b)

has made an election for written allocation proceedings
(see section 17ZC(9)).

(5)

In section 20 (procedure where summary trial appears more suitable)—

(a)

in subsection (2)—

(i)

in paragraph (a), for “it appears to the court more suitable”
substitute “the court has decided that it is more suitable”;

(ii)

omit paragraph (b) (but not the “and” after it);

(iii)

in paragraph (c), omit “is tried summarily and”;

(b)

in subsection (3), omit “to be tried summarily for the offence and”;

(c)

for subsection (9) substitute—

(9)

The court is to proceed to the summary trial of the
information.

(6)

In section 22 (certain offences triable either way to be tried summarily if value
involved is small), after subsection (2) insert—

(2A)

If, where subsection (1) applies—

(a)

it appears to the court clear that, for the offence charged, the
value involved exceeds the relevant sum, or

(b)

it otherwise does not appear to the court clear that, for the
offence charged, the value involved does not exceed the
relevant sum,

the court shall proceed in accordance with sections 19 to 21.

(7)

In section 22A (low-value shoplifting to be a summary offence), omit
subsection (2).

(8)

In section 23 (power of court to proceed in absence of accused), in subsection
(4), for the words from “then” to the end substitute “, section 20 does not
apply and the court is to proceed to the summary trial of the information.”

(9)

In section 46ZA of the Senior Courts Act 1981 (power of Crown Court to send
persons back to magistrates’ court for trial), in subsection (3), omit paragraph
(b) (and the “and” at the end of paragraph (a)).

(10)

In section 47 of the Crime and Disorder Act 1998 (powers of youth courts),
omit subsection (1C).

(11)

In consequence of the amendments made by this section—

(a)

in section 51 of the Crime and Disorder Act 1998 (sending cases to
the Crown Court: adults), in subsection (2)(b), for “20(9)(b), 21,
22A(2)(b), 23(4)(b) and (5)” substitute “21, 23(5)”;

(b)

in the Criminal Justice and Courts Act 2015, omit section 52;

(c)

in the Judicial Review and Courts Act 2022—

(i)

in section 6, omit subsection (3) (written procedure for
determining mode of trial in cases of low-value shoplifting);

(ii)

omit section 7 (initial option for adult accused to reject
summary trial at hearing);

(iii)

in paragraph 6 of Schedule 2, omit sub-paragraphs (2)(c), (3)(a),
(4), (7)(c) and (9)(a);

(iv)

in paragraph 10(2) of that Schedule, for “20(9)(b), 21, 22A(2)(b),
23(4)(b) and (5)” substitute “21, 23(5)”;

(d)

in section 49(2) of the Crime and Policing Act 2026, omit paragraphs
(c), (f) and (g).

2

Written indication of guilty plearemoval of right to object to venue

(1)

Section 17ZB of the Magistrates’ Courts Act 1980 (proceedings following
written indication of guilty plea) (as inserted by section 6 of the Judicial
Review and Courts Act 2022) is amended as follows.

(2)

In subsection (5), for paragraph (b) substitute—

(b)

invite the accused to make representations as to whether, if
the accused were to plead guilty at a summary trial of the
offence and be convicted, the sentencing powers of the court
would be adequate.

(3)

In subsection (6)—

(a)

in paragraph (a)(i), for “asked the question set out in” substitute
“invited to make representations as mentioned in”;

(b)

in paragraph (a)(ii), for the words from “objecting” to the end substitute
“failing to make any such representations”;

(c)

in paragraph (b), for “object to being so sent” substitute “make any
such representations”.

(4)

In subsection (7)—

(a)

in paragraph (b), for the words from “may” to the end substitute “may
make representations as to whether, if the accused were to plead guilty
at a summary trial of the offence and be convicted, the sentencing
powers of the court would be adequate”;

(b)

for paragraph (c) substitute—

(c)

invite the prosecutor to make such representations.

(5)

In subsection (8)—

(a)

at the end of paragraph (b) insert
and

(ba)

after considering any representations made by the
accused or the prosecutor in accordance with the
explanation provided under subsection (6)(b) or (as the
case may be) subsection (7)(b), the court is satisfied that,
were the accused to plead guilty at a summary trial of
the offence and be convicted, the court would commit
the accused to the Crown Court for sentence under
Chapter 2 of Part 2 of the Sentencing Code,

;

(b)

omit paragraphs (c) and (d).

Trial on indictment without jury

3

Trial on indictment without a jurygeneral rule for allocation

(1)

In Part 3 of the Senior Courts Act 1981 (practice and procedure of the Crown
Court, etc), after section 74 insert—

Allocation of cases for trial without jury

74A

Allocation of cases for trial without a jury

(1)

This section applies where one or more defendants are to be tried on
indictment for one or more offences.

(2)

The court must, at the prescribed time or times, determine in
accordance with this section whether the trial is to be conducted with
or without a jury.

(3)

The trial is to be conducted with a jury if—

(a)

the offence, or any of the offences, is triable only on indictment,
or

(b)

the court considers that the condition in subsection
(5)
is met
in relation to the defendant, or any of the defendants.

(4)

In any other case, the trial is to be conducted without a jury.

(5)

The condition in this subsection is met in relation to a defendant if
the defendant, if convicted of the offence or offences for which the
defendant is to be tried, would be likely to receive a sentence of
imprisonment or detention of more than three years for the offence
or offences (taken together).

(6)

See—

(a)

section
74B
, for provision about when a court that has made
a determination under this section is required to make a fresh
determination;

(b)

sections
74C
and
74D
, for further provision about
determinations under this section or section
74B
.

74B

Reallocation of cases following changes to the indictment, etc

(1)

In a case where—

(a)

a court has made a determination that a trial is to be conducted
without a jury,

(b)

at any time before the conclusion of the trial, there is a relevant
change of circumstances (see subsection
(8)
), and

(c)

as a result, the condition in section
74A
(3)
(a)
is met,

the court must determine that the trial is to be conducted with a jury.

(2)

In a case where—

(a)

a court has made a determination that a trial is to be conducted
without a jury,

(b)

at any time before the conclusion of the trial, there is a relevant
change of circumstances, and

(c)

subsection
(1)
does not apply,

the court must determine in accordance with subsections
(3)
and
(4)
whether the trial is to be conducted with or without a jury.

(3)

The trial is to be conducted with a jury unless—

(a)

the condition in section
74A
(3)
(b)
is not met in relation to the
defendant, or any of the defendants,

(b)

the court considers that it would not be appropriate to
reallocate the trial (see section
74C
(6)
and
(7)
), or

(c)

the prosecution and the defendant or defendants each consent
to the trial being conducted without a jury.

(4)

Where subsection
(3)
(a)
,
(b)
or
(c)
applies, the trial is to be conducted
without a jury.

(5)

In a case where—

(a)

a court has made a determination that a trial is to be conducted
with a jury, and

(b)

at any time before the beginning of the trial, there is a relevant
change of circumstances,

the court must determine in accordance with subsections
(6)
and
(7)
whether the trial is to be conducted with or without a jury.

(6)

The trial is to be conducted without a jury unless—

(a)

the condition in subsection
(3)
(a)
of section
74A
is met in
relation to the offence, or any of the offences, to be tried,

(b)

the condition in subsection
(3)
(b)
of that section is met in
relation to the defendant, or any of the defendants, or

(c)

the court considers that it would not be appropriate to
reallocate the trial (see section
74C
(6)
and
(7)
).

(7)

In a case where subsection
(6)
(a)
,
(b)
or
(c)
applies, the trial is to be
conducted with a jury.

(8)

For the purposes of this section, there is a relevant change of
circumstances in relation to a trial on indictment if—

(a)

the defendants to be tried, or the offences for which they are
to be tried, have changed since the last determination (whether
as a result of severing an indictment, joining two or more
indictments or otherwise), or

(b)

it appears to the court that there is new evidence that would
or might affect whether or not the condition in section
74A
(5)
is met in relation to a defendant to be tried on the indictment.

(9)

For the purposes of this section—

(a)

a trial begins with the opening of the prosecution case;

(b)

a reference to a trial being conducted without a jury includes,
in a case where the trial has begun, a reference to the trial
being continued without a jury;

(c)

a reference to reallocating a trial is—

(i)

where the last determination made in relation to the
trial was for the trial to be conducted without a jury, a
reference to making a determination that the trial is to
be conducted with a jury;

(ii)

where the last such determination was for the trial to
be conducted with a jury, a reference to making a
determination that the trial is to be conducted without
a jury;

(d)

“determination” means a determination under section
74A
or
this section.

74C

Procedure for making determinations under section
74A
or
74B

(1)

This section applies where a court is required to make a determination
under section
74A
or
74B
in relation to a trial on indictment.

(2)

In making the determination, the court must have regard to any
allocation guidelines (or revised allocation guidelines) issued as
definitive guidelines under section 122 of the Coroners and Justice
Act 2009.

(3)

Before determining for the purposes of section
74A
or
74B
the sentence
which a defendant would be likely to receive for any offence or
offences, the court—

(a)

must give the prosecution, the defendant and any co-defendant
an opportunity to make representations about that matter, and

(b)

must give the prosecution an opportunity to inform the court
of the defendant’s previous convictions (if any).

(4)

In determining for the purposes of section
74A
or
74B
the sentence
which a defendant would be likely to receive for any offence or
offences, the court—

(a)

must consider any representations made under subsection
(3)
(a)
;

(b)

must, to such extent as may be prescribed, have regard to any
sentencing guidelines that are relevant to the defendant’s case;

(c)

must disregard any offences charged in the indictment to which
the defendant has pleaded guilty;

(d)

must, in a case where in accordance with section 4(5) of the
Criminal Procedure (Insanity) Act 1964 (finding of unfitness
to plead) it is determined that the defendant is under a
disability, disregard that disability.

(5)

Before determining for the purposes of section
74B
whether or not it
would be appropriate to reallocate the trial, the court must give the
prosecution and the defendant (or defendants) an opportunity to make
representations about the matters relevant to reallocation (see
subsection
(7)
).

(6)

In determining that question, the court—

(a)

must have regard to the matters relevant to reallocation;

(b)

must consider any representations made under subsection
(5)
about any of those matters;

(c)

may not have regard to any other matters.

(7)

The matters relevant to reallocation are—

(a)

where the court has, for the purposes of section
74B
, determined
the sentence which a defendant would be likely to receive for
any offence or offences, the extent to which that sentence differs
from the threshold sentence;

(b)

the interests of any person who it is alleged is a victim of the
offence, or any of the offences, charged in the indictment;

(c)

the desirability of avoiding the need for any witness to give
evidence again;

(d)

any delay to the proceedings that would or might result from
reallocating the trial;

(e)

any costs that would or might be wasted as a result of
reallocating the trial;

(f)

any effect which reallocating the trial would or might have on
other business of the Crown Court;

(g)

any other prescribed matters.

(8)

The court, when having regard to a matter in accordance with
subsection
(6)
(a)
, must also have regard to any provision prescribed
in relation to the matter for the purposes of this section.

(9)

In this section—

co-defendant
, in relation to a defendant charged on an
indictment, means any other person who is charged on that
indictment;

previous conviction
means—

(a)

a previous conviction by a court in the United Kingdom,
or

(b)

a previous conviction of a service offence within the
meaning of the Armed Forces Act 2006;

and for the purposes of paragraph
(b)
“conviction” includes
anything that under section 376(1) and (2) of that Act is to be
treated as a conviction;

sentencing guidelines
means sentencing guidelines issued by
the Sentencing Council for England and Wales under section
120 of the Coroners and Justice Act 2009 as definitive
guidelines, as revised by any subsequent guidelines so issued;

the threshold sentence
means a sentence of imprisonment or
detention of three years.

(10)

Any reference in this section to reallocating a trial is to be read in
accordance with section
74B
(9)
(c)
.

74D

Further provision about determinations under section
74A
or
74B

(1)

There is no right of appeal against a determination under section
74A
or
74B
.

(2)

A court may make a determination under section
74B
without a
hearing.

(3)

Sections
74A
(3)
and
74B
(3)
and
(7)
are subject to any other enactment
that enables a trial on indictment to be conducted without a jury.

(4)

Nothing in sections
74A
to
74C
prevents a court from passing a
sentence of imprisonment or detention of more than three years on a
person convicted of an offence.

(5)

For the purposes of sections
74A
to
74C
and this section, two or more
consecutive sentences are to be treated as a single sentence.

(2)

The amendments made by subsection
(1)
apply in relation to any trial on
indictment of a person beginning on or after the specified day (regardless of
whether the arraignment of the person on the indictment took place before,
or on or after, that day or the day on which this Act is passed).

(3)

For the purposes of subsection
(2)
—

(a)

a trial begins with the opening of the prosecution case;

(b)

“the specified day” means a day that—

(i)

falls after the end of the period of three months beginning with
the day on which subsection
(1)
comes into force, and

(ii)

is specified in regulations made by the Lord Chancellor.

(4)

In a case where section
74A
of the Senior Courts Act 1981 applies in relation
to a trial on indictment of a person and the arraignment of the person on the
indictment took place before the coming into force of that section—

(a)

the court must, as soon as is reasonably practicable, make a
determination under that section as to whether the trial is to be
conducted with or without a jury, and

(b)

the court may make that determination without a hearing.

4

Trial on indictment without a jurycomplex or lengthy cases

(1)

The Criminal Justice Act 2003 is amended in accordance with subsections
(2)
to
(5)
.

(2)

After Part 6 insert—

Part 6A

Trials on indictment without a jurycomplex or lengthy cases

42A

Power to order certain complex or lengthy cases to be tried without
a jury in England and Wales

(1)

This section applies where—

(a)

one or more defendants are to be tried on indictment for one
or more offences,

(b)

one or more of the offences is an offence listed in Part 1 of
Schedule 3ZA,

(c)

none of the offences is an excluded offence (see section
42B
),
and

(d)

a preparatory hearing has been ordered under section 7 of the
Criminal Justice Act 1987 or section 29 of the Criminal
Procedure and Investigations Act 1996.

(2)

The court may, at any time before the beginning of the trial, make an
order under this section that the trial is to be conducted without a
jury (but see subsection
(3)
).

(3)

The court may make an order under this section only if—

(a)

the court is satisfied that the likely complexity of the trial or
the likely length of the trial (or both) makes it appropriate for
the trial to be conducted without a jury,

(b)

the court does not consider that it is in the public interest for
the trial to be conducted with a jury, and

(c)

the court does not consider that there are any other reasons
why it would be more appropriate for the trial to be conducted
with a jury.

(4)

Where the court is proposing to make an order under this section, the
court must—

(a)

give the prosecution and the defendant (or defendants) an
opportunity to make representations about whether or not it
should make the order, and

(b)

consider any such representations.

(5)

There is no right of appeal against a decision to make, or not to make,
an order under this section.

(6)

For the purposes of this section, a trial begins with the opening of the
prosecution case.

(7)

For provision enabling or requiring the court to revoke an order made
under this section, see section
42C
.

(8)

See also section 79A of the Senior Courts Act 1981 (which contains
further provision about trials conducted without a jury by virtue of
this section).

42B

Excluded offences for purposes of section 42A

(1)

This section applies for the purposes of section
42A
.

(2)

“Excluded offence” means—

(a)

a homicide offence;

(b)

a sexual offence that is triable only on indictment;

(c)

an ancillary offence in relation to an offence within paragraph
(a)
or
(b)
.

(3)

“Homicide offence” means any of the following offences—

(a)

murder;

(b)

manslaughter;

(c)

an offence under section 4 of the Offences against the Person
Act 1861 (conspiring or soliciting to commit murder);

(d)

an offence of child destruction under section 1(1) of the Infant
Life (Preservation) Act 1929;

(e)

an offence of infanticide under section 1 of the Infanticide Act
1938;

(f)

an offence under section 2 of the Suicide Act 1961 (encouraging
or assisting suicide, etc);

(g)

an offence under section 1, 3ZB, 3ZC, 3A, 3D(1), 27A or 34C(1)
of the Road Traffic Act 1988 (offences of causing death by
dangerous driving or cycling, etc);

(h)

an offence under section 22B of that Act (offence of causing
danger to road-users resulting in death), where the offence
relates to causing a person’s death;

(i)

an offence under section 5 of the Domestic Violence, Crime
and Victims Act 2004 (causing or allowing the death of a child
or vulnerable adult);

(j)

an offence of corporate manslaughter under section 1 of the
Corporate Manslaughter and Corporate Homicide Act 2007.

(4)

“Sexual offence” means—

(a)

an offence under Part 1 of the Sexual Offences Act 1956, or

(b)

an offence under Part 1 of the Sexual Offences Act 2003.

(5)

“Ancillary offence”, in relation to an offence within subsection
(2)
(a)
or
(b)
(a “relevant offence”) means—

(a)

an offence of attempting or conspiring to commit a relevant
offence;

(b)

an offence under Part 2 of the Serious Crime Act 2007 in
relation to a relevant offence;

(c)

an offence of inciting a person to commit a relevant offence;

(d)

an offence of aiding, abetting, counselling or procuring the
commission of a relevant offence.

42C

Revocation of orders made under section 42A

(1)

This section applies where a court has made an order under section
42A
in relation to a trial on indictment.

(2)

The court may revoke the order at any time before the conclusion of
the trial.

(3)

The court must revoke the order if, at any time before the conclusion
of the trial—

(a)

the condition in section
42A
(1)
(c)
ceases to be met, or

(b)

the court considers that it is in the public interest for the trial
to be conducted with a jury.

(4)

The court must revoke the order if, at any time before the conclusion
of the trial—

(a)

the condition in section
42A
(1)
(b)
ceases to be met, or

(b)

the court is no longer satisfied that the likely complexity of the
trial or the likely length of the trial (or both) makes it
appropriate for the trial to be conducted without a jury.

(5)

But an order may not be revoked under subsection
(4)
if—

(a)

the court considers that it would not be appropriate to do so,
or

(b)

the prosecution and the defendant or defendants each consent
to the trial being conducted (or continued) without a jury.

(6)

Before revoking an order under subsection
(2)
or
(4)
, the court must
give the prosecution and the defendant (or defendants) an opportunity
to make representations about whether it would be appropriate to do
so.

(7)

For the purposes of determining whether to revoke an order under
subsection
(2)
or
(4)
, the court—

(a)

must consider any representations made under subsection
(6)
;

(b)

may have regard to any matters it considers relevant;

(c)

in a case where subsection
(4)
applies, must have regard to the
matters relevant to revocation (see subsection
(8)
).

(8)

The matters relevant to revocation are—

(a)

the interests of any person who it is alleged is a victim of the
offence, or any of the offences, charged in the indictment;

(b)

the desirability of avoiding the need for any witness to give
evidence again;

(c)

any delay to the proceedings that would or might result from
revoking the order;

(d)

any costs that would or might be wasted as a result of revoking
the order;

(e)

any effect which revoking the order would or might have on
other business of the Crown Court;

(f)

any other matters specified in Criminal Procedure Rules.

(9)

The court, when having regard to a matter in accordance with
subsection
(7)
(c)
, must also have regard to any provision specified in
relation to the matter for the purposes of this section.

In this subsection “specified” means specified in Criminal Procedure
Rules.

(10)

There is no right of appeal against a decision made for the purposes
of this section.

(11)

The court may determine without a hearing whether or not an order
under section
42A
is to be revoked under this section.

(12)

Nothing in this section prevents the making of a fresh order under
section
42A
in relation to the trial.

(3)

In the heading of Part 7 (trials on indictment without a jury), at the end insert
“: jury tampering”.

(4)

In section 330 (orders and rules), in subsection (5)(a)—

(a)

omit the “and” after “section 325(7)”, and

(b)

after the entry relating to section 325(7) insert—

paragraph
20
of Schedule 3ZA,

.

(5)

After Schedule 3 insert the Schedule 3ZA set out in Schedule
1
.

(6)

The amendments made by subsections
(2)
to
(5)
apply in relation to any trial
beginning on or after the specified day (regardless of whether the preparatory
hearing was ordered before, or on or after, that day or the day on which this
Act is passed).

(7)

In a case where section
42A
of the Criminal Justice Act 2003 applies in relation
to a trial and the preparatory hearing was ordered before the day on which
subsections
(2)
to
(5)
come into force, an order may be made under that
section without a hearing.

(8)

For the purposes of subsections
(6)
and
(7)
—

(a)

a trial begins with the opening of the prosecution case;

(b)

“the specified day” means a day that—

(i)

falls after the end of the period of three months beginning with
the day on which subsections
(2)
to
(5)
come into force, and

(ii)

is specified in regulations made by the Lord Chancellor;

(c)

“preparatory hearing” means a preparatory hearing under section 7
of the Criminal Justice Act 1987 or section 29 of the Criminal Procedure
and Investigations Act 1996.

5

Consequential amendments relating to sections 3 and 4

(1)

In section 4A of the Criminal Procedure (Insanity) Act 1964 (finding that the
accused did the act or made the omission charged), after subsection (5) insert—

(6)

In the case of a trial that is to be, or is being, conducted without a
jury by virtue of section
74A
or
74B
of the Senior Courts Act 1981 or
section
42A
of the Criminal Justice Act 2003, the determination under
subsection (2) is to be made by the court without a jury; and references
in this section to the jury are to be read accordingly.

(2)

The Senior Courts Act 1981 is amended in accordance with subsections
(3)
and
(4)
.

(3)

In section 79 (practice and procedure in connection with indictable offences
and appeals), in subsection (2)(a), omit “by jury”.

(4)

After section 79 insert—

79A

Trials on indictment without a jurysupplementary provision

(1)

This section applies where, by virtue of section
74A
or
74B
of this Act
or section
42A
of the Criminal Justice Act 2003, a trial is conducted
without a jury.

(2)

The court is to have all the powers, authorities and jurisdiction which
the court would have had if the trial had been conducted with a jury
(including power to determine any question and to make any finding
which would be required to be determined or made by a jury).

(3)

Except where the context otherwise requires, any reference in an
enactment, or an instrument made under an enactment, to a jury, the
verdict of a jury or the finding of a jury is to be read, in relation to a
trial conducted without a jury, as a reference to the court, the verdict
of the court or the finding of the court.

(4)

Where the court convicts or (as the case may be) acquits a defendant,
the court must give a judgment which states the reasons for the
conviction or acquittal.

(5)

The judgment must be given at, or as soon as reasonably practicable
after, the time of the conviction or acquittal.

(6)

Where the court convicts the defendant, the reference in section 18(2)
of the Criminal Appeal Act 1968 (notice of appeal or of application
for leave to appeal to be given within 28 days from date of conviction
etc) to the date of the conviction is to be read as a reference to the
date of the judgment given for the purposes of subsection
(4)
.

(5)

In section 48 of the Criminal Justice Act 2003 (further provision about trials
without a jury), after subsection (5) insert—

(5A)

Where a trial is conducted or continued without a jury and the court
acquits a defendant, the court must give a judgment which states the
reasons for the acquittal at, or as soon as reasonably practicable after,
the time of the acquittal.

(6)

In section 19 of the Domestic Violence, Crime and Victims Act 2004 (effect
of order that certain counts in indictment to be tried without jury), after
subsection (4) insert—

(4A)

Where a trial of a count is conducted or continued without a jury
because of an order under section 17(2) and the court acquits the
defendant of that count, the court must give a judgment which states
the reasons for the acquittal at, or as soon as reasonably practicable
after, the time of the acquittal.

(7)

In section 122 of the Coroners and Justice Act 2009 (allocation guidelines), in
subsection (1), after paragraph (b) insert—

(c)

decisions by the Crown Court under section
74A
or
74B
of the
Senior Courts Act 1981 as to whether a trial is to be conducted
with or without a jury.

Sentencing powers of magistrates’ courts

6

Increase in maximum custodial sentence in magistrates’ court

Maximum for single offence

(1)

In Schedule 23 to the Sentencing Act 2020 (powers to amend the Sentencing
Code), in paragraph 14A (general limit on magistrates’ court’s power to
impose custodial sentence), for sub-paragraph (1) substitute—

(1)

The Secretary of State may by regulations amend section 224(1A)(b)
(general limit on custodial sentence for either-way offence in
magistrates’ court) so as to substitute a reference to any period
listed in sub-paragraph (1A) for a reference to any other period
listed in that sub-paragraph.

(1A)

The periods referred to in sub-paragraph (1) are—

(a)

6 months;

(b)

12 months;

(c)

18 months;

(d)

24 months.

Maximum for two or more offences

(2)

In section 133 of the Magistrates’ Courts Act 1980 (consecutive terms of
imprisonment)—

(a)

in subsection (1)—

(i)

after “imposes” insert “, in respect of two or more offences,”;

(ii)

for the words from “exceed” to the end substitute
exceed—

(a)

where each of the offences is a summary offence,
6 months;

(b)

in any other case, the longest term that could
be imposed in respect of any one of the
offences

;

(b)

in subsection (2), for “12 months”, in both places it occurs, substitute
“the relevant limit”;

(c)

after subsection (2) insert—

(2ZA)

In subsection (2) “the relevant limit” means—

(a)

the general limit in a magistrates’ court, or

(b)

if the general limit in a magistrates’ court is less than
12 months, 12 months.

(3)

In consequence of the amendments made by subsection
(2)
—

(a)

omit section 155 of the Criminal Justice Act 2003;

(b)

in Schedule 2 to the Judicial Review and Courts Act 2022, omit
paragraphs 16(a) and 19(2).

Cases where general limit exceeds maximum term on indictment

(4)

In Part 10 of the Sentencing Act 2020 (custodial sentences), in Chapter 1
(general provisions), after section 224 insert—

224A

Cases where general limit exceeds maximum term on indictment

(1)

This section applies if—

(a)

a person is convicted by a magistrates’ court of an offence
triable either way, and

(b)

at the time of conviction, the period specified in section
224(1A)(b) is greater than the maximum term of imprisonment
on conviction on indictment for the offence (“the relevant
maximum”).

(2)

The magistrates’ court does not have power to impose imprisonment
or detention in a young offender institution for a term exceeding the
relevant maximum.

(5)

In section 32 of the Magistrates’ Courts Act 1980 (penalties on summary
conviction for offences triable either way), after subsection (1) insert—

(1A)

For provision limiting the sentencing powers of a court where the
general limit in a magistrates’ court is greater than the maximum term
of imprisonment on conviction on indictment for an offence, see section
224A of the Sentencing Code.

(6)

In section 282 of the Criminal Justice Act 2003 (increase in maximum term
that may be imposed on summary conviction of offence triable either way),
after subsection (3) insert—

(3A)

For provision limiting the sentencing powers of a court where the
general limit in a magistrates’ court is greater than the maximum term
of imprisonment on conviction on indictment for an offence, see section
224A of the Sentencing Code.

(7)

In section 13 of the Judicial Review and Courts Act 2022 (maximum term of
imprisonment on summary conviction for either-way offence), after subsection
(7) insert—

(7A)

For provision limiting the sentencing powers of a court where the
general limit in a magistrates’ court is greater than the maximum term
of imprisonment on conviction on indictment for an offence, see section
224A of the Sentencing Code.

(8)

On the coming into force of section 61 of the Criminal Justice and Courts
Services Act 2000 (abolition of sentences of detention in a young offender
institution), in section 224A(2) of the Sentencing Act 2020, omit “or detention
in a young offender institution”.

Appeals from magistrates’ courts

7

Appeals from magistrates’ courts

Schedule
2
contains provision about—

(a)

appeals against conviction or sentence by magistrates’ courts, and

(b)

appeals against certain other decisions of magistrates’ courts.

Admissibility of evidence

8

Restriction on evidence or questions about complainant’s sexual history

(1)

In the
Youth Justice and Criminal Evidence Act 1999
(“the 1999 Act”),
Part 2
(giving of evidence or information for purposes of criminal proceedings) is
amended in accordance with subsections
(2)
to
(7)
.

(2)

In the heading of
Chapter 3
, for “in proceedings for sexual offences” substitute
“: restrictions on certain evidence or questions”.

(3)

Before
section 41
insert—

Sexual behaviour of the complainant

.

(4)

In
section 41
(restriction on evidence or questions about complainant’s sexual
history)—

(a)

in
subsection (1)
—

(i)

for the words from the beginning to “then” substitute “At the
trial of any offence”;

(ii)

in the words after paragraph (b), omit “at the trial”;

(b)

in
subsection (2)
, for the words from “satisfied” to the end substitute
“satisfied that the evidence which the accused proposes to adduce, or
which the question is intended to elicit—

(a)

has substantial probative value in relation to a matter
which—

(i)

is a matter in issue in the proceedings, and

(ii)

is of substantial importance in the context of the
case as a whole, or

(b)

is important explanatory evidence.

;

(c)

after
subsection (2)
insert—

(2A)

In assessing the probative value of evidence for the purposes
of
subsection (2)
(a)
the court must have regard to the following
factors (and to any others it considers relevant)—

(a)

the nature and number of the events, or other things,
to which the evidence relates;

(b)

when those events or things are alleged to have
happened or existed;

(c)

where it is suggested that the evidence has probative
value by reason of similarity between—

(i)

the sexual behaviour to which the evidence
relates, and

(ii)

any other alleged sexual behaviour of the
complainant,

the nature and extent of the similarities and the
dissimilarities between each of the alleged instances of
sexual behaviour;

(d)

the extent to which the evidence is, in the opinion of
the court, necessary to enable evidence adduced, or to
be adduced, by or on behalf of another party to be
rebutted or explained by or on behalf of the accused;

(e)

the extent to which the suggested probative value of
the evidence relies on a matter which is disputed by
another party but which is not itself of substantial
importance in the context of the case as a whole;

(f)

the extent to which the suggested probative value of
the evidence relies on the drawing of an inference that
does not appear to the court to be one which may
properly be drawn from the evidence.

(2B)

For the purposes of
subsection (2)
(b)
evidence is important
explanatory evidence if—

(a)

without it, the court or jury would find it impossible
or difficult properly to understand other evidence in
the case, and

(b)

its value for understanding the case as a whole is
substantial.

;

(d)

omit subsections (3) to (5);

(e)

for
subsection (6)
substitute—

(6)

For the purposes of subsection (2) the evidence must relate to
a specific instance (or specific instances) of alleged sexual
behaviour on the part of the complainant (and accordingly
nothing in that subsection is capable of applying in relation to
the evidence to the extent that it does not so relate).

;

(f)

omit subsection (7).

(5)

In
section 42
(interpretation and application of section 41)—

(a)

for
subsection (1)
substitute—

(1)

In section 41 “sexual behaviour” means any sexual behaviour
or other sexual experience, whether or not involving any
accused or other person; but this is subject to
subsection (1A)
.

(1A)

Where the offence with which the accused is charged is a sexual
offence, references in section 41 to “sexual behaviour” (except
in section 41
(2A)
(c)
(ii)
) do not include anything alleged to have
taken place as part of the event which is the subject matter of
the charge.

;

(b)

omit
subsection (2)
.

(6)

In
section 43
(procedure on applications under section 41), in
subsection (3)
(a)
, for “subsection (3) or (5) of section 41” substitute “section 41(2)”.

(7)

In
section 62
(meaning of “sexual offence” and other references to offences),
in
subsection (2)
, for the words after “include” substitute “—

(a)

a reference to an offence which consists of attempting or
conspiring to commit, or of aiding, abetting, counselling,
procuring or inciting the commission of, the substantive offence,
and

(b)

a reference to an offence under
Part 2
of the
Serious Crime Act
2007
in relation to which the substantive offence is the offence
(or one of the offences) which the person intended or believed
would be committed.

(8)

In consequence of the repeal made by
subsection (5)
(b)
, in
section 64
of the
1999 Act (regulations and orders), in subsection (3)(a), omit “, 42(2)”.

9

Compensation claims in proceedings for sexual offences

(1)

Chapter 3
of
Part 2
of the
Youth Justice and Criminal Evidence Act 1999
(giving of evidence for purposes of criminal proceedings: protection of
complainants) is amended as follows.

(2)

After section 43 insert—

Compensation claims relating to sexual offences

43A

Restriction on evidence or questions about compensation claims in
proceedings for sexual offences

(1)

If at a trial a person is charged with a sexual offence, then, except
with the leave of the court—

(a)

no evidence may be adduced, and

(b)

no question may be asked in cross-examination,

by or on behalf of any party at the trial, about any relevant claim
made by the complainant.

(2)

In this section “relevant claim” means any claim or application for
damages or compensation in respect of injury, loss or damage resulting
from the sexual offence with which the accused is charged.

(3)

The court may give leave in relation to any evidence or question only
on an application made by or on behalf of the party seeking to adduce
the evidence or ask the question.

(4)

The court may not give such leave unless it is satisfied that the
evidence which it is proposed be adduced, or which the question is
intended to elicit, has substantial probative value in relation to a matter
which—

(a)

is a matter in issue in the proceedings, and

(b)

is of substantial importance in the context of the case as a
whole.

(5)

In assessing the probative value of evidence for the purposes of
subsection (4)
, the court must have regard to the extent to which the
suggested probative value of the evidence relies on the drawing of an
inference that does not appear to the court to be one which may
properly be drawn from the evidence.

(6)

Where this section applies in relation to a trial by virtue of the fact
that one or more of a number of persons charged in the proceedings
is or are charged with a sexual offence—

(a)

it ceases to apply in relation to the trial if the prosecutor decides
not to proceed with the case against that person or those
persons in respect of that charge, but

(b)

it does not cease to do so in the event of that person or those
persons pleading guilty to, or being convicted of, that charge.

(7)

Nothing in this section authorises any evidence to be adduced or any
question to be asked which cannot be adduced or asked apart from
this section.

43B

Application of
section 43A
and procedure on applications

(1)

Section 43A
applies in relation to the following proceedings as it
applies to a trial—

(a)

proceedings before a magistrates’ court inquiring into an
offence as examining justices,

(b)

the hearing of an application under paragraph 5(1) of Schedule
6 to the Criminal Justice Act 1991 (application to dismiss charge
following notice of transfer of case to Crown Court),

(c)

the hearing of an application under paragraph 2(1) of Schedule
3 to the Crime and Disorder Act 1998 (application to dismiss
charge by person sent for trial under section 51 or 51A of that
Act),

(d)

any hearing held, between conviction and sentencing, for the
purpose of determining matters relevant to the court’s decision
as to how the accused is to be dealt with, and

(e)

the hearing of an appeal,

and references in
section 43A
to a person charged with an offence
accordingly include a person convicted of an offence.

(2)

Criminal Procedure Rules may make provision about applications for
leave under
section 43A
, and may in particular make provision—

(a)

requiring applications for leave to specify, in relation to each
item of evidence or question to which they relate, particulars
of the grounds on which it is asserted that leave should be
given by virtue of
section 43A
(4)
;

(b)

enabling the court to request a party to the proceedings to
provide the court with information which it considers would
assist it in determining an application for leave;

(c)

for the manner in which confidential or sensitive information
is to be treated in connection with such an application, and in
particular as to its being disclosed to, or withheld from, parties
to the proceedings.

(3)

After section 43B (inserted by
subsection (2)
) insert—

General

43C

Assumption of truth in assessment of probative value

(1)

Subject to
subsection (2)
, a reference in this Chapter to the probative
value of evidence is a reference to its probative value on the
assumption that it is true.

(2)

In assessing the probative value of an item of evidence for any purpose
of this Chapter, a court need not assume that the evidence is true if
it appears, on the basis of any material before the court (including
any evidence it decides to hear on the matter), that no court or jury
could reasonably find it to be true.

10

Evidence about previous false complaints relating to sexual offences

(1)

In
Part 11
of the
Criminal Justice Act 2003
,
Chapter 1
(evidence of bad
character) is amended in accordance with subsections
(2)
and
(3)
.

(2)

In
section 100
(non-defendant’s bad character)—

(a)

after subsection (1) insert—

(1A)

See
section 100A
(previous false complaints relating to sexual
offences) for additional restrictions on the admissibility of
evidence of the bad character of the complainant.

;

(b)

for subsection (4) substitute—

(4)

Evidence of the bad character of a person other than the
defendant must not be given without leave of the court unless—

(a)

subsection (1)(c) applies, and

(b)

the evidence is not previous false complaint evidence
within the meaning given by
section 100A
(3)
.

(3)

After
section 100
insert—

100A

Previous false complaints relating to sexual offences

(1)

In criminal proceedings for an offence, evidence of the bad character
of the complainant which is previous false complaint evidence is not
admissible unless the court is satisfied that the proper evidential basis
condition is met (see
subsection (4)
).

(2)

Subsection (1) applies in addition to
section 100
.

(3)

For the purposes of
subsection (1)
evidence is “previous false complaint
evidence” if the evidence relates to an allegation that—

(a)

the complainant has at any time made an allegation (“the
previous allegation”) that the complainant is a person against
or in relation to whom a sexual offence, other than the offence
with which the defendant is now charged (if it is a sexual
offence), has been committed, and

(b)

the previous allegation was false.

(4)

The proper evidential basis condition is that there is material before
the court on the basis of which the court or jury could properly
conclude that—

(a)

the complainant made the previous allegation, and

(b)

the previous allegation was false.

(5)

For the purposes of this section, material is not to be regarded as
material on the basis of which the court or jury could properly
conclude that the previous allegation was false merely because it is
material on the basis of which the court or jury could reasonably find
one or more of the matters specified in
subsection (6)
to be true.

(6)

The matters mentioned in
subsection (5)
are—

(a)

that the previously alleged offence was not reported to the
police or another investigating authority as soon as reasonably
practicable after its alleged commission;

(b)

that the complainant did not cooperate with a request made
for the purposes of—

(i)

the investigation of the previously alleged offence, or

(ii)

the prosecution of the alleged perpetrator;

(c)

that the alleged perpetrator—

(i)

denies having committed the previously alleged offence,

(ii)

has not been prosecuted for the previously alleged
offence, or

(iii)

has been acquitted of the previously alleged offence.

(7)

In
subsection (6)
—

(a)

“the previously alleged offence” means the sexual offence to
which the previous allegation related, and

(b)

“the alleged perpetrator” means the person alleged by the
complainant to have committed the previously alleged offence.

(8)

References in this section to a sexual offence are to an act which, at
the time at which the act is alleged to have been done—

(a)

constituted an England and Wales sexual offence,

(b)

constituted an offence under section 42 of the Armed Forces
Act 2006 as respects which the corresponding offence under
the law of England and Wales (within the meaning given by
that section) was an England and Wales sexual offence, or

(c)

where the act is alleged to have been done in a country outside
England and Wales—

(i)

constituted an offence under the law of that country,
and

(ii)

if done in England and Wales, would have constituted
an England and Wales sexual offence.

(9)

In this section—

complainant
, in relation to the offence mentioned in
subsection
(1)
, means a person against or in relation to whom the offence
is alleged to have been committed;

England and Wales sexual offence
means—

(a)

any offence under Part 1 of the Sexual Offences Act
2003;

(b)

an offence under section 2 of the Modern Slavery Act
2015 (human trafficking) committed with a view to
exploitation that consists of or includes behaviour within
section 3(3) of that Act (sexual exploitation);

(c)

a relevant superseded offence;

(d)

an offence which consists of attempting or conspiring
to commit, or of aiding, abetting, counselling, procuring
or inciting the commission of, an offence within
paragraph
(a)
,
(b)
or
(c)
;

(e)

an offence under
Part 2
of the
Serious Crime Act 2007
in relation to which the offence (or one of the offences)
which the person intended or believed would be
committed is an offence within paragraph
(a)
or
(b)
;

investigating authority
means a person with the function of
investigating offences;

relevant superseded offence
means—

(a)

rape, or burglary with intent to rape;

(b)

an offence under any of sections 2 to 12 and 14 to 17
of the Sexual Offences Act 1956 (unlawful intercourse,
indecent assault, forcible abduction etc);

(c)

an offence under section 128 of the Mental Health Act
1959 (unlawful intercourse with person receiving
treatment for mental disorder by member of hospital
staff etc);

(d)

an offence under section 1 of the Indecency with
Children Act 1960 (indecent conduct towards child
under 14);

(e)

an offence under section 54 of the Criminal Law Act
1977 (incitement of child under 16 to commit incest).

(4)

In
Schedule 6
to the
Criminal Justice Act 2003
(evidence of bad character:
armed forces), the reference in
paragraph 1
to sections 98 to 106 of that Act
includes a reference to—

(a)

section 100
of that Act as amended by
subsection (2)
of this section,
and

(b)

section 100A
of that Act as inserted by
subsection (3)
of this section.

11

Evidence of propensity to commit offences involving domestic abuse

(1)

Section 103
of the
Criminal Justice Act 2003
(defendant bad character evidence:
matters in issue between defendant and prosecution) is amended in accordance
with subsections
(2)
to
(7)
.

(2)

In
subsection (2)
—

(a)

omit the “or” at the end of
paragraph (a)
;

(b)

at the end of
paragraph (b)
insert
, or

(c)

a domestic abuse offence, if it is alleged that the offence
with which the defendant is charged involved behaviour
by the defendant amounting to domestic abuse.

(3)

In
subsection (4)
, at the end insert—

(c)

an offence under the law of England and Wales is a “domestic
abuse offence” if it involves behaviour by the defendant
amounting to domestic abuse.

(4)

In
subsection (7)
, at the end insert “and for the purpose of determining if the
previous offence is a domestic abuse offence”.

(5)

In
subsection (8)
, at the end insert—

(c)

the previous offence is a “domestic abuse offence” if it involves
behaviour by the defendant amounting to domestic abuse.

(6)

In
subsection (10)
, at the end insert—

(c)

the previous service offence is a “domestic abuse offence” if it
involves behaviour by the defendant amounting to domestic
abuse.

(7)

In
subsection (11)
, before the definition of “Her Majesty’s forces” insert—

domestic abuse
has the same meaning as in the
Domestic Abuse Act
2021
(see
section 1
of that Act);

.

(8)

In
Schedule 6
to the
Criminal Justice Act 2003
(evidence of bad character:
armed forces), the reference in
paragraph 1
to sections 98 to 106 of that Act
includes a reference to
section 103
of that Act as amended by this section.

Special measures directions

12

Use of screens etc

(1)

Chapter 1
of
Part 2
of the
Youth Justice and Criminal Evidence Act 1999
(special measures directions in case of vulnerable and intimidated witnesses)
is amended as follows.

(2)

After
section 22A
insert—

22B

Special provisions relating to use of screens etcwitnesses eligible
by virtue of section 17

(1)

This section applies where, in any criminal proceedings—

(a)

a party to the proceedings makes an application under section
19(1)(a) for a special measures direction in relation to a witness
in the proceedings,

(b)

the party requests that the special measures direction make
such provision as is described in section 23 (use of screens etc),
and

(c)

the court determines for the purposes of section 19(2) that the
witness is eligible for assistance by virtue of section 17.

(2)

The court must—

(a)

first have regard to subsections
(3)
and
(4)
, and

(b)

then have regard to section 19(2);

and for the purposes of section 19(2), as it then applies to the witness,
any special measure required to be applied in relation to the witness
by virtue of this section is to be treated as if it were a measure
determined by the court, pursuant to section 19(2)(a) and (b)(i), to be
one that (with any other special measures) would be likely to maximise,
so far as practicable, the quality of the witness’s evidence.

(3)

If a special measures direction is given in relation to the witness that—

(a)

provides for the witness’s evidence, or any part of it, to be
given by means of a live link, or

(b)

provides for any cross-examination of the witness, and any
re-examination, to be recorded by means of video recording
under section 28,

the special measures direction must also make such provision as is
described in section 23
(1)
(b)
.

(4)

The requirement in
subsection (3)
does not apply to the extent that it
appears to the court that it would be contrary to the interests of justice
to give a direction complying with the requirement.

(5)

In determining whether it would be contrary to the interests of justice
to give a special measures direction complying with the requirement
in
subsection (3)
, the court must take into account, in particular—

(a)

the extent to which provision such as is described in section
23 would, in its opinion, be likely to improve the quality of
evidence given by the witness;

(b)

whether such provision might tend to inhibit the evidence
given by the witness being effectively tested by a party to the
proceedings.

(3)

In
section 23
(screening witness from accused)—

(a)

for the heading substitute “Use of screens etc”;

(b)

for
subsection (1)
substitute—

(1)

A special measures direction may—

(a)

provide for the witness, while giving testimony or being
sworn in court, to be prevented by means of a screen
or other arrangement from seeing the accused;

(b)

provide for the accused to be prevented, by means of
a screen or other arrangement, from seeing the witness
giving evidence.

;

(c)

after
subsection (3)
insert—

(4)

For the purposes of subsection (1)(b), the reference to the
witness giving evidence includes the witness—

(a)

giving testimony or being sworn in court,

(b)

giving evidence by means of a live link, or

(c)

being cross-examined or re-examined in pursuance of
section 28.

(5)

References in this section to a person seeing, or being seen by,
another person are to be read as including a person seeing, or
being seen by, another person by means of—

(a)

a live link, or

(b)

arrangements put in place for the purposes of section
28(2).

(4)

In section 28 (video recorded cross-examination or re-examination), after
subsection (3) insert—

(3A)

The requirement in subsection (2)(b) that the accused be able to see
any cross-examination or re-examination of the witness is subject to
any provision made by virtue of
section 23
(1)
(b)
(use of screens etc)
.

13

Witness to be accompanied while giving evidence

(1)

After
section 22B
of the
Youth Justice and Criminal Evidence Act 1999
(as
inserted by
section 12
of this Act) insert—

22C

Special provisions relating to independent supporters

(1)

This section applies where, in any criminal proceedings—

(a)

a party to the proceedings makes an application under section
19(1)(a) for a special measures direction in relation to a witness
in the proceedings,

(b)

the party requests that the direction provide under
section 24A
for a person specified in the application, or a person of a
description specified in the application, to accompany the
witness, and

(c)

the person, or description of person, specified in the application
is an independent supporter.

(2)

The court must—

(a)

first have regard to subsections
(3)
and
(4)
, and

(b)

then have regard to section 19(2);

and for the purposes of section 19(2), as it then applies to the witness,
any special measure required to be applied in relation to the witness
by virtue of this section is to be treated as if it were a measure
determined by the court, pursuant to section 19(2)(a) and (b)(i), to be
one that (whether on its own or with any other special measures)
would be likely to maximise, so far as practicable, the quality of the
witness’s evidence.

(3)

The court must give a special measures direction in relation to the
witness which provides under
section 24A
for an independent
supporter to accompany the witness.

(4)

The requirement in
subsection (3)
does not apply to the extent that it
appears to the court that it would be contrary to the interests of justice
to give a direction complying with the requirement.

(5)

In this section “independent supporter” means an individual who
performs a role which involves the provision of support to witnesses
in criminal proceedings or victims of criminal conduct, where the
support relates to those proceedings or that conduct.

(6)

For the purposes of subsection (5), “victim” and “criminal conduct”
have the same meaning as in
Part 1
of the
Victims and Prisoners Act
2024
(see section 1 of that Act).

(2)

After
section 24
of the
Youth Justice and Criminal Evidence Act 1999
insert—

24A

Witness to be accompanied while giving evidence

(1)

A special measures direction may provide for a person specified in
the direction, or a person of a description specified in the direction,
to accompany the witness while the witness is giving evidence.

(2)

In determining who may accompany the witness, the court must have
regard to the wishes of the witness.

(3)

The reference in subsection (1) to accompanying a witness while the
witness is giving evidence includes accompanying the witness while
the witness is—

(a)

giving testimony or being sworn in court,

(b)

giving evidence by means of a live link, or

(c)

being cross-examined or re-examined in pursuance of section
28.

(3)

In consequence of the provision made by
subsection (2)
—

(a)

in
section 24
of the
Youth Justice and Criminal Evidence Act 1999
, omit
subsections (1A)
and
(1B)
;

(b)

in
section 27
of
that Act
, omit
subsection (9A)
;

(c)

in the
Coroners and Justice Act 2009
, omit
section 102
.

14

Exclusion of persons from court

(1)

Section 25
of the
Youth Justice and Criminal Evidence Act 1999
(evidence
given in private) is amended as follows.

(2)

For the heading substitute “Exclusion of persons from court”.

(3)

In subsection (1), for “persons of any description” substitute “any person, or
persons of any description,”.

(4)

In
subsection (2)
—

(a)

omit the “or” at the end of
paragraph (b)
;

(b)

at the end of
paragraph (c)
insert—

(d)

the witness’s supporter (if there is one),

(e)

representatives of news gathering or reporting
organisations, or

(f)

persons carrying out research with approval from a
body appointed by a research institution for the purpose
of assessing the ethics of research involving individuals.

(5)

After subsection (2) insert—

(2A)

For the purposes of subsection (2)(d), “the witness’s supporter”
means—

(a)

where provision made under
section 24A
provides for a person
to accompany the witness, that person;

(b)

in any other case, one named person who has been nominated
by the witness for those purposes.

(6)

Omit
subsection (3)
.

(7)

In
subsection (5)
, omit the words from “(whether” to “organisations)”.

(8)

At the end insert—

(6)

In
subsection (2)
(f)
“research institution” has the same meaning as in
Chapter 4A
of
Part 7
of the
Income Tax (Earnings and Pensions) Act
2003
(see section 457 of that Act).

(7)

Nothing in this section is to be regarded as affecting any other power
of a court to exclude a person from the court (in the exercise of its
inherent jurisdiction or otherwise).

15

Editing of video recorded cross-examination and re-examination

(1)

Section 28
of the
Youth Justice and Criminal Evidence Act 1999
(video recorded
cross-examination or re-examination) is amended as follows.

(2)

In
subsection (4)
, for the words from “it” to the end substitute
the recording, or a part of the recording, is not to be so admitted if—

(a)

any requirement of subsection (2) or Criminal Procedure Rules
or the direction has not been complied with to the satisfaction
of the court, or

(b)

the court is of the opinion, having regard to all the
circumstances of the case, that in the interests of justice the
recording, or that part of it, should not be admitted under this
section.

(3)

After
subsection (4)
insert—

(4A)

In considering for the purposes of
subsection (4)
(b)
whether any part
of a recording should not be admitted under this section, the court
must consider whether any prejudice to the accused which might
result from that part being so admitted is outweighed by the
desirability of showing the whole, or substantially the whole, of the
recorded examination.

16

Application of special measures to victim impact statements etc

In
section 33
of the
Youth Justice and Criminal Evidence Act 1999
(interpretation etc of Chapter 1), at the end insert—

(7)

Subsection (8)
applies where, in proceedings for an offence, a person
has for the purposes of sentencing made a written statement of the
effect of the offence on that person, or on persons including that person
(an “impact statement”).

(8)

Any reference in this Chapter to the giving of evidence or testimony
by a witness includes a reference to—

(a)

the reading out in court of an impact statement by the person
who made it, and

(b)

any cross-examination or re-examination of that person in
respect of that statement,

and related expressions are to be read accordingly.

Part 2

Other provision about courts and tribunals

Decisions of courts under Children Act 1989

17

Welfare of the childrepeal of presumption of parental involvement

(1)

In
section 1
of the
Children Act 1989
(welfare of the child), omit
subsections
(2A)
,
(2B)
,
(6)
and
(7)
(which provide for a presumption, in certain
circumstances and for certain purposes, that the involvement of each parent
in the life of a child will further the child’s welfare).

(2)

In consequence of the repeal made by
subsection (1)
, omit
section 11
of the
Children and Families Act 2014
.

Tribunals

18

Leadership of tribunals

(1)

Section 7
of the
Constitutional Reform Act 2005
(which provides for the Lord
Chief Justice of England and Wales to be President of the Courts of England
and Wales and Head of the Judiciary of England and Wales) is amended in
accordance with subsections
(2)
to
(4)
.

(2)

For “President of the Courts of England and Wales”, in each place it occurs
(including the heading), substitute “President of the Courts and Tribunals of
England and Wales”.

(3)

After
subsection (2)
insert—

(2A)

In
subsection (2)
“the judiciary of England and Wales” includes every
person who is—

(a)

a judge, or other member, of the First-tier Tribunal or Upper
Tribunal exercising functions wholly or mainly in England and
Wales,

(b)

a member of a panel of members of employment tribunals
established for England and Wales (whether or not a panel of
Employment Judges), or

(c)

a judge, or other member, of the Employment Appeal Tribunal
exercising functions wholly or mainly in England and Wales.

(2B)

In
subsection (2)
(a)
“the judiciary of England and Wales” also includes
every person who—

(a)

is, or is a member of, a tribunal in a list in
Schedule 6
to the
Tribunals, Courts and Enforcement Act 2007
that has effect for
the purposes of
section 30
of
that Act
, and

(b)

exercises functions wholly or mainly in England and Wales.

(2C)

The responsibility that the Lord Chief Justice, as President of the Courts
and Tribunals of England and Wales, has under
subsection (2)
(c)
includes (so far as it would not otherwise do so, and subject to having
regard to the responsibilities of the Senior President of Tribunals)
responsibility for the maintenance of appropriate arrangements for—

(a)

the deployment to tribunals of judiciary deployable to tribunals,
and

(b)

the deployment to courts in England and Wales of judiciary
deployable to such courts.

(4)

After
subsection (4)
insert—

(4A)

See also
section 3
of the
Tribunals, Courts and Enforcement Act 2007
(which provides that the Lord Chief Justice is to preside, in England
and Wales, over both of the First-tier Tribunal and the Upper Tribunal).

(4B)

A holder of the office of Lord Chief Justice must, in carrying out the
functions of that office, have regard to—

(a)

the need for tribunals to be accessible,

(b)

the need for proceedings before tribunals—

(i)

to be fair, and

(ii)

to be handled quickly and efficiently,

(c)

the need for members of tribunals to be experts in the
subject-matter of, or the law to be applied in, cases in which
they decide matters, and

(d)

the need to develop innovative methods of resolving disputes
that are of a type that may be brought before tribunals.

(4C)

In this section “tribunals” means—

(a)

the First-tier Tribunal,

(b)

the Upper Tribunal,

(c)

employment tribunals, and

(d)

the Employment Appeal Tribunal.

(5)

After
section 9
of the
Constitutional Reform Act 2005
insert—

9A

Head and Deputy Head of Tribunals Justice

(1)

The Senior President of Tribunals is Head of Tribunals Justice.

(2)

The Lord Chief Justice may appoint a person to be Deputy Head of
Tribunals Justice.

(3)

The Lord Chief Justice must not appoint a person under
subsection
(2)
unless these conditions are met—

(a)

the Lord Chief Justice has consulted the Lord Chancellor;

(b)

the person to be appointed is an ordinary judge of the Court
of Appeal.

(4)

A person appointed as Deputy Head of Tribunals Justice holds that
office in accordance with the terms of the appointment.

(5)

The Lord Chief Justice may nominate a senior judge (as defined in
section 109
(5)
) to exercise the functions of the Lord Chief Justice under
this section.

(6)

In
section 3
of the
Tribunals, Courts and Enforcement Act 2007
(the First-tier
Tribunal and the Upper Tribunal)—

(a)

after
subsection (3)
insert—

(3A)

The Lord Chief Justice of England and Wales is to preside, in
England and Wales, over both of the First-tier Tribunal and
the Upper Tribunal.

;

(b)

in
subsection (4)
, after “preside” insert “, in Scotland and Northern
Ireland,”.

(7)

Schedule 3
contains further provision about—

(a)

functions of the office of Lord Chief Justice of England and Wales
relating to tribunals, and

(b)

the office of Senior President of Tribunals.

Lay justices’ allowances

19

Lay justices’ allowances

(1)

In the Courts Act 2003, for section 15 (lay justices’ allowances) substitute—

15

Lay justices’ allowances

(1)

The Lord Chancellor may by regulations make provision entitling a
lay justice to payments in respect of—

(a)

expenditure, or expenditure of a specified description, incurred
by the lay justice in connection with the performance of the
lay justice’s duties;

(b)

financial losses, or financial losses of a specified description,
suffered by the lay justice as a result of the performance of
those duties;

(c)

other expenditure of a specified description incurred, or to be
incurred, by the lay justice.

(2)

The provision that may be made by regulations under this section
includes (among other things)—

(a)

provision as to matters which are, or are not, to be treated as
duties of a lay justice;

(b)

provision about when expenditure is, or is not, to be regarded
as incurred by a lay justice in connection with the performance
of any duties;

(c)

provision about when financial losses are, or are not, to be
regarded as suffered by a lay justice as a result of the
performance of any duties;

(d)

provision about making a claim for a payment under the
regulations;

(e)

provision for exceptions to any entitlement to a payment under
the regulations;

(f)

provision for avoiding duplication between payments under
the regulations and under other arrangements in a case where
expenditure is incurred for more than one purpose.

(3)

Any amounts to which a lay justice is entitled by virtue of this
section—

(a)

are to be paid by the Lord Chancellor;

(b)

may be paid at a rate determined by the Lord Chancellor.

(4)

In this section “specified” means specified in the regulations.

(2)

In consequence of the amendment made by subsection
(1)
, in Schedule 4 to
the Constitutional Reform Act 2005, omit paragraph 317.

The Crown Court in the City of London

20

Special provision when Crown Court sits in City of London

(1)

Section 8 of the Senior Courts Act 1981 (the Crown Court) is amended as
follows.

(2)

In subsection (3) (which provides for the Crown Court sitting in the City of
London to be known as the Central Criminal Court), after “City of London”
insert “at the premises made available for that purpose in accordance with
section 29(1) of the Courts Act 1971,”.

(3)

After that subsection insert—

(3A)

If the Crown Court sits at any other premises in the City of London,
the entitlement for the time being exercisable by virtue of subsection
(3) in relation to the Central Criminal Court may also be exercised to
the same extent in relation to the Crown Court sitting at those other
premises.

Part 3

Final provisions

21

Power to make consequential amendments

(1)

The Lord Chancellor may by regulations make provision that is consequential
on any provision made by this Act.

(2)

The power to make regulations under this section may, in particular, be
exercised by amending or repealing provision made by an Act passed before,
or in the same session of Parliament as, this Act (as well as provision made
under such an Act).

(3)

A statutory instrument that contains (with or without other provisions)
regulations under this section that amend or repeal any provision made by
an Act may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.

(4)

A statutory instrument containing any other regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

22

Power to make transitional or saving provision

(1)

The Lord Chancellor may by regulations make such transitional or saving
provision as the Lord Chancellor considers appropriate in connection with
the coming into force of any provision of this Act.

(2)

Regulations under this section may (among other things)—

(a)

make provision in addition to, or different from, that made by this
Act;

(b)

make any adaptations of any provisions of this Act brought into force
that appear to be appropriate in consequence of other provisions of
this Act not yet having come into force.

23

Power to state effect of provisions commencing Sentencing Code amendments

The power in section 419(1) of the Sentencing Act 2020 (power to state effect
of commencement provisions) applies in relation to any amendment or repeal
made by or under this Act of provision made by that Act as it applies in
relation to an amendment or repeal made by Schedule 22 to that Act.

24

Regulations

(1)

Any power of the Lord Chancellor to make regulations under this Act is
exercisable by statutory instrument.

(2)

Regulations under this Act may—

(a)

make different provision for different purposes or different areas;

(b)

contain supplementary, incidental, consequential, transitional or saving
provision.

(3)

Subsection
(2)
does not apply to regulations under section
26
(see instead
subsection
(4)
of that section).

25

Extent

(1)

Except as set out below, Parts 1 and 2 of this Act extend to England and
Wales only.

(2)

The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—

(a)

section
7
;

(b)

section
18
(6)
and
(7)
;

(c)

this Part.

(3)

An amendment or repeal made by Schedule
2
or
3
has the same extent within
the United Kingdom as the provision amended or repealed.

(4)

Sections 10
(4)
and
11
(8)
have the same extent as
Schedule 6
to the
Criminal
Justice Act 2003
(see
section 337
of that Act).

(5)

The power conferred by section 338 of the Criminal Justice Act 2003 (power
to extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

26

Commencement

(1)

The following provisions of this Act come into force on the day on which
this Act is passed—

(a)

sections
21
to
25
, this section and section
27
;

(b)

any power to make regulations or rules by virtue of this Act.

(2)

The following provisions of this Act come into force at the end of the period
of two months beginning with the day on which this Act is passed—

(a)

section
6
(increase in maximum custodial sentence in magistrates’
court);

(b)

section
20
(special provision when Crown Court sits in City of London).

(3)

The other provisions of this Act come into force in accordance with regulations
made by the Lord Chancellor.

(4)

Regulations under subsection
(3)
may make different provision for different
purposes or different areas.

27

Short title

This Act may be cited as the Courts and Tribunals Act 2026.

Schedules

Schedule 1

Section
4
(5)

New Schedule 3ZA to the Criminal Justice Act 2003

This Schedule sets out the new Schedule 3ZA to the Criminal Justice Act 2003, to be
inserted after Schedule 3 to that Act—

Schedule 3ZA

Section 42A

Trial on indictment without a jurycomplex or lengthy cases

Part 1

Offences to which section 42A applies

Fraud, etc

1

Conspiracy to defraud.

2

An offence under any of the following provisions of the Fraud Act 2006—

(a)

section 1(1) (fraud);

(b)

section 7 (making or supplying articles for use in frauds);

(c)

section 9 (participating in fraudulent business carried on by sole
trader etc).

3

An offence under section 993 of the Companies Act 2006 (fraudulent
trading).

Tax evasion, etc

4

Cheating the public revenue.

5

An offence under section 106A of the Taxes Management Act 1970
(fraudulent evasion of income tax).

6

An offence under section 50(2) or (3) of the Customs and Excise
Management Act 1979 (improper importation of goods).

7

An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994
(fraudulent evasion of VAT).

False accounting, etc

8

An offence under section 17 of the Theft Act 1968 (false accounting).

9

An offence under section 19 of that Act (false statements by company
directors, etc).

10

An offence under section 89 of the Financial Services Act 2012 (misleading
statements).

Insider dealing

11

An offence under section 52 of the Criminal Justice Act 1993 (insider
dealing).

Money laundering

12

An offence under section 327(1), 328(1) or 329(1) of the Proceeds of Crime
Act 2002 (concealing or acquiring, etc criminal property).

Terrorist funding

13

An offence under section 15, 16, 17 or 18 of the Terrorism Act 2000 (offences
relating to terrorist property).

Bribery

14

An offence under any of the following provisions of the Bribery Act 2010—

(a)

section 1 (offences of bribing another person);

(b)

section 2 (offences relating to being bribed);

(c)

section 6 (bribery of foreign public officials).

Historic fraud offences

15

An offence under any of the following provisions (which no longer have
effect since the coming into force of the Fraud Act 2006)—

(a)

section 15 of the Theft Act 1968 (obtaining property by deception);

(b)

section 15A of that Act (obtaining a money transfer by deception);

(c)

section 16 of that Act (obtaining pecuniary advantage by deception);

(d)

section 20(2) of that Act (procuring the execution of a valuable
security by deception);

(e)

section 25 of that Act (going equipped for cheat), so far as relating
to an offence under section 15 of that Act;

(f)

section 1 of the Theft Act 1978 (obtaining services by deception);

(g)

section 2 of that Act (evasion of liability by deception).

Ancillary offences

16

An offence of attempting or conspiring to commit an offence specified in
any of the preceding paragraphs of this Schedule (a “specified offence”).

17

An offence under Part 2 of the Serious Crime Act 2007 in relation to a
specified offence.

18

An offence of inciting a person to commit a specified offence.

19

An offence of aiding, abetting, counselling or procuring the commission of
a specified offence.

Part 2

Power to amend Part 1 of this Schedule

20

(1)

The Secretary of State may by order amend Part 1 of this Schedule so as
to—

(a)

add an offence to the list in that Part;

(b)

remove an offence from that list.

(2)

In sub-paragraph (1) “offence” includes an offence under an enactment that
is no longer in force.

Schedule 2

Section
7

Appeals from magistrates’ courts

Part 1

Amendments of Magistrates’ Courts Act 1980

1

Part 5 of the Magistrates’ Courts Act 1980 (appeal and case stated) is
amended as follows.

2

In the italic heading before section 108, for “Appeal” substitute “Right of
appeal”.

3

(1)

Section 108 (right of appeal to the Crown Court) is amended as follows.

(2)

After subsection (2A) insert—

(2B)

An appeal under this section may be brought only with the
permission of the Crown Court (and nothing in section 79(3) of the
Senior Courts Act 1981 (customary practice and procedure with
respect to appeals to Crown Court) affects this).

(3)

At the end insert—

(6)

See—

(a)

section
108A
, for further provision about granting permission
to appeal;

(b)

sections
108B
to
108J
, for further provision about appeals
against conviction;

(c)

sections
108P
to
108R
, for further provision about appeals
against sentence.

4

After section 108 insert—

108A

Permission to appeal

(1)

The Crown Court may grant permission to appeal only if the Crown
Court considers that it is reasonably arguable that there are one or
more grounds for allowing the appeal.

(2)

Subject to subsection
(3)
, the decision to grant permission to appeal
is to be made without a hearing.

(3)

The Crown Court may hold a hearing to determine whether to grant
permission to appeal—

(a)

for the purposes of making that determination more quickly,
or

(b)

if it considers that a hearing is necessary for any other
reason.

(4)

In this section “permission to appeal” means permission for the
purposes of section 108(2B).

Appeals against conviction

108B

Grounds for allowing an appeal against conviction

(1)

This section applies on an appeal under section 108 against
conviction.

(2)

The Crown Court—

(a)

must allow the appeal if it considers that the conviction is
unsafe;

(b)

must dismiss the appeal in any other case.

(3)

Subsection
(2)
is subject to—

(a)

section
108C
(power to substitute conviction of alternative
offence);

(b)

section
108J
(power to dismiss appeal following reference
by CCRC);

(c)

any provision requiring the Crown Court in certain
circumstances to allow an appeal under section 108 against
conviction.

(4)

If the Crown Court allows an appeal under section 108 against
conviction, the Crown Court must quash the conviction.

(5)

An order of the Crown Court under this section quashing a
conviction operates as a direction to the court of trial to enter,
instead of the record of conviction, a record of the dismissal of the
information or written charge on which the appellant was tried.

This is subject to subsections
(6)
and
(7)
.

(6)

In a case where the Crown Court makes a hospital order or
guardianship order in respect of the appellant by virtue of section
108E
(2)
, the order quashing the conviction operates as a direction
to the court of trial to enter, instead of the record of conviction, a
record of the hospital order or guardianship order.

(7)

Subsection
(5)
does not apply where under section
108F
the Crown
Court orders that the appellant be retried.

108C

Power to substitute conviction of alternative offence

(1)

This section applies on an appeal under section 108 against
conviction by a magistrates’ court where—

(a)

the appellant has been convicted of an offence to which the
appellant did not plead guilty (“the original offence”),

(b)

the magistrates’ court could, at the original trial, have found
the appellant guilty of some other offence (“the alternative
offence”), and

(c)

it appears to the Crown Court that the magistrates’ court
must have been satisfied of facts which proved the appellant
guilty of the alternative offence.

(2)

The Crown Court may, instead of allowing or dismissing the
appeal—

(a)

substitute, for the conviction of the original offence, a
conviction of the alternative offence, and

(b)

quash the sentence passed for the original offence and, in
place of it, pass any sentence for the alternative offence which
the sentencing court would have had power to pass when
dealing with the appellant for that offence (but see subsection
(4)
).

(3)

In subsection
(2)
(b)
—

(a)

“the sentencing court” means the court that sentenced the
appellant for the original offence;

(b)

any reference to the passing of a sentence by a court for an
offence includes a reference to the making of any order that
may be made by the court when dealing with a person for
an offence.

(4)

The Crown Court may not exercise the power conferred by
subsection
(2)
(b)
in such a way that the appellant is dealt with more
severely for the alternative offence than for the original offence.

108D

Power to re-sentence where appellant remains convicted of
connected offences

(1)

This section applies where—

(a)

a person is convicted by a magistrates’ court of two or more
connected offences,

(b)

the Crown Court allows an appeal against conviction in
respect of one or more of the connected offences, and

(c)

the person remains convicted of one or more of the connected
offences (the “remaining offences”).

(2)

The Crown Court may, in respect of any of the remaining offences—

(a)

quash the sentence passed for the offence, and

(b)

in place of it pass any sentence which the sentencing court
had power to pass for the offence.

This is subject to subsection
(3)
.

(3)

The Crown Court may not exercise the power conferred by this
section in such a way that the person is dealt with more severely
for the remaining offences than the person was dealt with for all of
the connected offences.

(4)

For the purposes of this section, two or more offences of which a
person has been convicted are “connected” if—

(a)

the person is sentenced for the offences on the same day,

(b)

the person is sentenced for the offences on different days,
but the court, in passing sentence for one of the offences,
states that it is treating that sentence together with the
sentences for the other offence or offences as substantially
one sentence, or

(c)

the person is sentenced for the offences on different days,
but the offences—

(i)

were tried together, or

(ii)

would have been tried together if the person had not
pleaded guilty to one or more of them.

(5)

Where—

(a)

two or more offences are connected to each other by virtue
of subsection
(4)
(a)
or
(b)
, and

(b)

any one or more of those offences is connected to one or
more other offences by virtue of subsection
(4)
(c)
,

all the offences are to be treated as connected for the purposes of
this section.

(6)

In this section—

(a)

“the sentencing court” means the court that sentenced the
person for the connected offences;

(b)

any reference to the passing of a sentence by a court for an
offence includes a reference to the making of any order that
may be made by the court when dealing with a person for
an offence.

108E

Power to make hospital or guardianship order where appeal allowed

(1)

This section applies where—

(a)

a person is convicted by a magistrates’ court of an offence
punishable on summary conviction with imprisonment, and

(b)

the Crown Court allows an appeal against the conviction.

(2)

The Crown Court may make a hospital order or guardianship order
under section 37 of the Mental Health Act 1983 (“the 1983 Act”) in
respect of the person if—

(a)

at the time of allowing the appeal, the conditions mentioned
in subsection (2) of that section are met in relation to the
person (and for these purposes references to “the court” in
that subsection are to the Crown Court), and

(b)

the Crown Court is satisfied that the person did the act or
made the omission charged.

(3)

Subsection
(2)
is subject to section 37(4) or (as the case may be) (6)
of the 1983 Act.

108F

Power to order retrial

(1)

This section applies where the Crown Court allows an appeal against
conviction of an offence by a magistrates’ court (“the convicting
court”).

(2)

If the Crown Court considers that the interests of justice require it,
the Crown Court may order that the appellant be retried by a
magistrates’ court—

(a)

for that offence, or

(b)

for any other offence of which the convicting court could,
at the original trial, have found the appellant guilty.

(3)

Where the Crown Court orders that the appellant be retried, the
appellant is to be retried on the information or written charge on
which the appellant was tried by the convicting court (and, where
subsection
(2)
(b)
applies, the information or charge is to be amended
accordingly).

(4)

In a case where the convicting court was a youth court—

(a)

the Crown Court may order that the appellant be retried by
a youth court even if the appellant is aged 18 or over at the
time of the order;

(b)

an order under this section for retrial by a youth court does
not prevent the youth court from—

(i)

remitting the appellant for retrial to a magistrates’
court other than a youth court under section 47(1) of
the Crime and Disorder Act 1998, or

(ii)

sending the appellant to the Crown Court for retrial
under section 47(1A) of that Act;

(c)

where the appellant has already attained the age of 18 at
the time of appearing or being brought before a youth court
by virtue of an order under this section, the appellant is to
be treated for the purposes of section 47 of the Crime and
Disorder Act 1998 and section 27 of the Sentencing Code as
having attained the age of 18 after that time.

(5)

The Crown Court may, at the same time as ordering a retrial by a
magistrates’ court, provide its opinion on the matter to that
magistrates’ court.

(6)

The fact that the Crown Court orders a retrial by a magistrates’
court does not prevent the magistrates’ court from exercising any
power it has to stay the proceedings on the retrial.

108G

Retrialsupplementary provision

(1)

This section applies where, on an appeal under section 108, the
Crown Court orders the retrial of a person under section
108F
.

(2)

The Crown Court may, on ordering the retrial, make whatever
orders appear to it to be necessary or expedient—

(a)

for the person to be detained in custody, or released on bail,
until the retrial;

(b)

for the retention until the retrial of any property or money
forfeited, restored or paid by virtue of the original conviction
or any order made on that conviction.

(3)

The Crown Court’s power under this section to release the person
on bail is subject to section 25 of the Criminal Justice and Public
Order Act 1994 (which limits bail in certain cases where a defendant
has a previous conviction for homicide or rape).

(4)

If the person was, immediately before the determination of the
appeal, liable to be detained in pursuance of an order or direction
under Part 3 of the 1983 Act (other than under section 35, 36 or 38
of that Act)—

(a)

that order or direction continues in force until the retrial as
if the appeal had not been allowed, and

(b)

any order made by the Crown Court under this section for
the person’s detention in custody or release on bail has effect
subject to that order or direction.

(5)

If the person was, immediately before the determination of the
appeal, liable to be detained in pursuance of an interim hospital
order under section 38 of the 1983 Act, the Crown Court may, if it
considers it appropriate, order that the person is to continue to be
detained in a hospital or mental nursing home.

(6)

Where the Crown Court makes an order under subsection
(5)
in
respect of a person, Part 3 of the 1983 Act applies as if the person—

(a)

had been ordered under this section to be detained in
custody until the retrial, and

(b)

were detained in pursuance of a transfer direction together
with a restriction direction.

(7)

If the person—

(a)

was liable to be detained in pursuance of an order or
direction under Part 3 of the 1983 Act,

(b)

was then made subject to a community treatment order, and

(c)

was subject to that community treatment order immediately
before the determination of the appeal,

the order or direction under Part 3 of the 1983 Act and the
community treatment order continue in force until the retrial as if
the appeal had not been allowed.

(8)

In a case where subsection
(7)
applies, any order made by the Crown
Court under this section for the person’s release on bail has effect
subject to the community treatment order.

(9)

In this section—

(a)

“the 1983 Act” means the Mental Health Act 1983;

(b)

expressions used in this section and in the 1983 Act have
the same meaning in this section as they have in that Act.

108H

Evidence at retrials

(1)

Evidence given at a retrial must be given orally if it was given orally
at the original trial.

This is subject to subsection
(2)
.

(2)

Subsection
(1)
does not apply to evidence given at a retrial if—

(a)

all the parties to the retrial agree that the evidence need not
be given orally,

(b)

section 116 of the Criminal Justice Act 2003 (admissibility of
hearsay evidence where a witness is unavailable) applies, or

(c)

the witness is unavailable to give evidence, otherwise than
as mentioned in subsection (2) of that section, and section
114(1)(d) of that Act (admission of hearsay evidence under
residual discretion) applies.

(3)

Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (use
of depositions) does not apply at a retrial to a deposition read as
evidence at the original trial.

(4)

In this section “retrial” means a retrial ordered under section
108F
.

108I

Sentence on conviction at retrial

(1)

This section applies where a person who is retried for an offence
by a magistrates’ court by virtue of an order under section
108F
is
convicted at the retrial.

(2)

The person may not be dealt with more severely for the offence
than on the original conviction.

(3)

Subject to subsection
(2)
, any power of a court to pass a sentence
for the offence includes power to pass any sentence which could
have been passed in respect of the offence following the person’s
conviction at the original trial even if, at the date of the conviction
at the retrial, the person is no longer of an age at which such a
sentence could otherwise be passed.

(4)

The reference in subsection
(3)
to the passing of a sentence by a
court includes a reference to the making of any order that may be
made by the court when dealing with a person for an offence.

(5)

Where the person is sentenced to imprisonment or other detention,
the sentence begins to run from the time when an equivalent
sentence passed at the original trial would have begun to run.

(6)

But in computing the term of the sentence or the period for which
the person may be detained under it (as the case may be), the
following are to be disregarded—

(a)

any time before the person’s conviction at the retrial which
would have been disregarded in computing that term or
period if the sentence had been passed at the original trial
and the original conviction had not been quashed;

(b)

any time during which the person was released on bail under
section
108G
(2)
.

(7)

Sections 240ZA and 240A of the Criminal Justice Act 2003 and
section 325 of the Sentencing Code (crediting of periods of remand
in custody or on bail subject to certain types of condition: terms of
imprisonment or detention and detention and training orders) apply
to a sentence passed on conviction at the retrial as if it had been
passed on the original conviction.

108J

Power to dismiss appeal following reference by the CCRC

(1)

This section applies where there is an appeal under section 108
against conviction following a reference by the Criminal Cases
Review Commission under section 11(1)(a) of the Criminal Appeal
Act 1995.

(2)

The Crown Court may dismiss the appeal if—

(a)

the only ground for allowing it would be that there has been
a development in the law since the date of the conviction,
and

(b)

the condition in subsection
(3)
is met.

(3)

The condition in this subsection is that if—

(a)

the reference had not been made, but

(b)

the appellant had made (and had been entitled to make) an
application for an extension of time within which to seek
permission to appeal on the ground of the development in
the law,

the Crown Court would not consider it appropriate to grant the
application.

Appeals against finding of mental disorder, etc

108K

Appeals under section 45(1) of Mental Health Act 1983 against
finding of mental disorder, etc

(1)

This section applies where a magistrates’ court has made a hospital
order or guardianship order in respect of a person under section
37 of the Mental Health Act 1983 without convicting the person.

(2)

Sections 108(2B) and 108A apply to an appeal under section 45(1)
of that Act against a finding upon which the order was made (a
“section 45(1)(b) appeal”) as they apply to an appeal under section
108.

(3)

On a section 45(1)(b) appeal, the Crown Court—

(a)

must allow the appeal if it considers that the finding is
unsafe;

(b)

must dismiss the appeal in any other case.

108L

Power to make hospital or guardianship order where section 45(1)(b)
appeal allowed

(1)

This section applies where—

(a)

a magistrates’ court has made a hospital order or
guardianship order in respect of a person under section 37
of the Mental Health Act 1983 (“the 1983 Act”) without
convicting the person, and

(b)

the Crown Court allows an appeal under section 45(1) of
the 1983 Act against a finding that the conditions in section
37(2) of the 1983 Act for making the order were met in
relation to the person.

(2)

The Crown Court may make a different order under section 37 of
the 1983 Act in respect of the person if—

(a)

notwithstanding the fact that the appeal has been allowed,
the conditions in subsection (2) of that section for making
that order are met in relation to the person (and for these
purposes references to “the court” in that subsection are to
the Crown Court), and

(b)

the Crown Court is satisfied that the person did the act or
made the omission charged.

(3)

Subsection
(2)
is subject to section 37(4) or (as the case may be) (6)
of the 1983 Act.

108M

Power to order trial where section 45(1)(b) appeal allowed

(1)

This section applies where—

(a)

a magistrates’ court (“the original court”) has made a hospital
order or guardianship order in respect of a person under
section 37 of the Mental Health Act 1983 without convicting
the person, and

(b)

the Crown Court allows an appeal under section 45(1) of
that Act against a finding that one or more of the conditions
in section 37(2) of that Act for making the order were met
in relation to the person.

(2)

If the Crown Court considers that the interests of justice require it,
the Crown Court may order that the person be tried by a
magistrates’ court—

(a)

for the offence with which the person was charged, or

(b)

for any other offence of which the original court could, on
a trial of the information or written charge on which the
person appeared before that court, have found the person
guilty.

(3)

Where the Crown Court orders under this section that a person be
tried, the person is to be tried on the information or written charge
on which the person appeared before the original court (and, where
subsection
(2)
(b)
applies, the information or charge is to be amended
accordingly).

(4)

In a case where the original court was a youth court—

(a)

the person may be tried by a youth court even if the person
is aged 18 or over;

(b)

an order under this section for trial by a youth court does
not prevent the youth court from—

(i)

remitting the person for trial to a magistrates’ court
other than a youth court under section 47(1) of the
Crime and Disorder Act 1998, or

(ii)

sending the person to the Crown Court for trial under
section 47(1A) of that Act;

(c)

where the person has already attained the age of 18 at the
time of appearing or being brought before a youth court by
virtue of an order under this section, the person is to be
treated for the purposes of section 47 of the Crime and
Disorder Act 1998 and section 27 of the Sentencing Code as
having attained the age of 18 after that time.

(5)

Any power of a court to pass a sentence for an offence following a
trial ordered under this section includes power to pass any sentence
which could have been passed in respect of the offence if the person
had been convicted by the original court even if, at the date of the
conviction of the offence, the person is no longer of an age at which
such a sentence could otherwise be passed.

(6)

The reference in subsection
(5)
to the passing of a sentence by a
court includes a reference to the making of any order that may be
made by the court when dealing with a person for an offence.

(7)

The Crown Court may, at the same time as ordering a trial by a
magistrates’ court, provide its opinion on the matter to that
magistrates’ court.

(8)

The fact that the Crown Court orders a trial by a magistrates’ court
does not prevent the magistrates’ court from exercising any power
it has to stay the proceedings on the trial.

108N

Power to remit matter to magistrates’ court where section 45(1)(b)
appeal allowed

(1)

This section applies where—

(a)

a magistrates’ court (“the original court”) has made a hospital
order or guardianship order in respect of a person under
section 37 of the Mental Health Act 1983 without convicting
the person,

(b)

the Crown Court allows an appeal under section 45(1) of
that Act against a finding that the person did the act or made
the omission charged, and

(c)

the Crown Court does not at the same time allow such an
appeal against a finding that one or more of the conditions
in section 37(2) of that Act for making the order were met
in relation to the person.

(2)

The Crown Court—

(a)

must quash the finding referred to in subsection
(1)
(b)
;

(b)

may remit the matter to a magistrates’ court for it to
determine afresh whether the person did the act or made
the omission charged.

(3)

In a case where the original court was a youth court, the matter
may be remitted to a youth court even if the person is aged 18 or
over.

(4)

The Crown Court may, at the same time as remitting a matter to a
magistrates’ court under subsection
(2)
(b)
, provide its opinion on
the matter to that magistrates’ court.

(5)

Section
108H
(evidence at retrials) applies for the purposes of the
hearing of the matter as if—

(a)

any reference in that section to a retrial were a reference to
that hearing, and

(b)

any reference in that section to the original trial were a
reference to the proceedings in which the finding was made.

(6)

Except where the matter is remitted under subsection
(2)
(b)
, an
order under subsection
(2)
quashing a finding operates as a direction
to the original court to enter, instead of the record of the finding,
a record of the dismissal of the information or written charge on
which the person appeared before the original court.

108O

Appeals against finding of mental disorder, etcsupplementary
provision

(1)

Where the Crown Court—

(a)

makes an order under section
108M
that a person be tried
for an offence, or

(b)

remits a matter to a magistrates’ court in accordance with
section
108N
(2)
(b)
,

the Crown Court may make whatever orders appear to it to be
necessary or expedient for the person’s detention in custody, release
on bail or continued detention under the 1983 Act until the trial or
(as the case may be) the hearing of that matter.

(2)

The Crown Court’s power under this section to release a person on
bail is subject to section 25 of the Criminal Justice and Public Order
Act 1994 (which limits bail in certain cases where a defendant has
a previous conviction for homicide or rape).

(3)

Where the Crown Court makes an order under subsection
(1)
for a
person’s continued detention under the 1983 Act, Part 3 of that Act
applies as if the person—

(a)

had been ordered under this section to be detained in
custody until the trial or hearing, and

(b)

were detained in pursuance of a transfer direction together
with a restriction direction.

(4)

In this section—

(a)

“the 1983 Act” means the Mental Health Act 1983;

(b)

expressions used in this section and in the 1983 Act have
the same meaning in this section as they have in that Act.

Appeals against sentence

108P

Grounds for allowing an appeal against sentence

The Crown Court may allow an appeal against sentence under
section 108 only on a ground or grounds on which the Court of
Appeal may allow an appeal against sentence under section 9(1) of
the Criminal Appeal Act 1968.

108Q

Appeals against more than one sentence

(1)

This section applies where a magistrates’ court has sentenced a
person for two or more connected offences.

(2)

An appeal, or an application for permission to appeal, under section
108 against the sentence for any one of those offences is to be treated
as an appeal or application in respect of the sentences for all of
those offences.

(3)

Subsection
(2)
does not apply in relation to an appeal treated as
brought under section 108 by virtue of section 11(3) of the Criminal
Appeal Act 1995 (references by Criminal Cases Review Commission).

(4)

For the purposes of this section, two or more offences of which a
person has been convicted are “connected” if—

(a)

the person is sentenced for the offences on the same day,

(b)

the person is sentenced for the offences on different days,
but the court, in passing sentence for one of the offences,
states that it is treating that sentence together with the
sentences for the other offence or offences as substantially
one sentence, or

(c)

the person is sentenced for the offences on different days,
but the offences—

(i)

were tried together, or

(ii)

would have been tried together if the person had not
pleaded guilty to one or more of them.

(5)

Where—

(a)

two or more offences are connected to each other by virtue
of subsection
(4)
(a)
or
(b)
, and

(b)

any one or more of those offences is connected to one or
more other offences by virtue of subsection
(4)
(c)
,

all the offences are to be treated as connected for the purposes of
this section.

(6)

In this section “sentence” has the same meaning as in section 108
(and “sentenced” is to be read accordingly).

108R

Powers of Crown Court on appeal against sentence

(1)

This section applies where the Crown Court allows an appeal under
section 108 against sentence by a magistrates’ court.

(2)

In the case of an appeal against a sentence passed for a single
offence, the Crown Court—

(a)

must quash the sentence, and

(b)

in place of it may pass any sentence it considers appropriate
which the magistrates’ court had power to pass when dealing
with the offence.

(3)

But the Crown Court may not exercise the power conferred by
subsection
(2)
(b)
in such a way that the appellant is dealt with more
severely for the offence than the appellant was dealt with by the
magistrates’ court for the offence.

(4)

In the case of an appeal against the sentences passed for two or
more connected offences (see section
108Q
), the Crown Court may—

(a)

quash the sentence passed for any of those offences, and

(b)

in place of it pass any sentence it considers appropriate
which the magistrates’ court had power to pass when dealing
with the offence.

(5)

But the Crown Court may not exercise the power conferred by
subsection
(4)
(b)
in such a way that the appellant is dealt with more
severely for the connected offences than the appellant was dealt
with by the magistrates’ court for those offences.

(6)

In this section, a reference to the passing of a sentence includes a
reference to the making of any order that may be made by a
magistrates’ court when dealing with a person for an offence.

(7)

Subsections
(4)
and
(5)
of section
108Q
apply for the purposes of
this section as they apply for the purposes of that section.

Appealssupplementary provision

108S

Transcripts of proceedings in magistrates’ courts

(1)

Rules of court—

(a)

must provide for the making of an audio recording of the
following proceedings—

(i)

any summary trial of an information or written
charge;

(ii)

any hearing at which a magistrates’ court passes
sentence on a person;

(b)

may provide for the making of any other kind of record of
proceedings within paragraph (a)(i) or (ii);

(c)

may provide for the making of a record of any other
proceedings of a prescribed description in a magistrates’
court.

(2)

Rules of court—

(a)

may provide for the making and verification of a transcript
of any record of proceedings made by virtue of subsection
(1)
;

(b)

may provide for supplying any such record, or a transcript
of any such record, to—

(i)

a prescribed officer of the Crown Court;

(ii)

such persons, or such persons of a prescribed
description, as the Secretary of State may direct;

(c)

may provide for supplying such a transcript, in such
circumstances as may be prescribed, to other persons, or to
persons of a prescribed description.

(3)

Rules made by virtue of subsection
(2)
(c)
may provide for a
transcript to be supplied on payment of a fee.

(4)

In this section
sentence
has the same meaning as in section 108;
and any reference to passing a sentence is to be read accordingly.

(5)

Nothing in this section affects any requirement for records to be
kept of proceedings in magistrates’ courts which exists apart from
this section.

108T

Powers to obtain evidence for purposes of appeal

(1)

This section applies for the purposes of—

(a)

an appeal, or an application for permission to appeal, under
section 108;

(b)

an appeal, or an application for permission to appeal, under
section 45(1) of the Mental Health Act 1983.

(2)

The Crown Court may, if it considers it necessary or expedient in
the interests of justice—

(a)

order the production of any document, exhibit or other thing
connected with the original proceedings, the production of
which appears to it necessary for the determination of the
case;

(b)

order any witness to attend for examination and be examined
before the Crown Court (whether or not the witness was
called in the original proceedings);

(c)

receive any evidence which was not adduced in the original
proceedings.

(3)

The power conferred by subsection
(2)
(a)
may be exercised so as to
require the production of any document, exhibit or other thing
mentioned in that subsection to—

(a)

the Crown Court;

(b)

the appellant;

(c)

the respondent.

(4)

The Crown Court must, in considering whether to receive any
evidence, have regard to (among other things)—

(a)

whether the evidence appears to the Crown Court to be
capable of belief;

(b)

whether it appears to the Crown Court that the evidence
may provide any ground for allowing the appeal;

(c)

whether the evidence would have been admissible in the
original proceedings on an issue that is the subject of the
appeal;

(d)

whether there is a reasonable explanation for the failure to
adduce the evidence in those proceedings.

(5)

Subsection
(2)
(c)
applies to any evidence of a witness (including the
appellant) who is competent but not compellable.

(6)

The Crown Court may, if it considers it necessary or expedient in
the interests of justice—

(a)

order the examination of any witness whose attendance
might be required under subsection
(2)
(b)
to be conducted,
in the manner provided by rules of court, before any judge
or officer of the Crown Court or other person appointed by
the Crown Court for the purpose, and

(b)

allow the admission of any depositions so taken as evidence
before the Crown Court.

(7)

In this section—

the original proceedings
, in relation to an appeal or an
application for permission to appeal, means the proceedings
from which the appeal lies;

respondent
includes a person who will be a respondent if
permission to appeal is granted.

108U

Effect of appeal on sentence

(1)

The time during which a person is in custody pending the
determination of the person’s appeal under section 108 is to be
reckoned as part of the term of any sentence to which the person
is for the time being subject.

(2)

Subsection
(1)
is subject to any direction which the Crown Court
may give to the contrary.

(3)

But the Crown Court may give a direction under subsection
(2)
only
if permission to appeal is not granted.

(4)

If the Crown Court gives a direction under subsection
(2)
, it must
state its reasons for doing so.

(5)

The term of any sentence passed by the Crown Court under section
108C
,
108D
or
108R
is, unless the Crown Court otherwise directs,
to begin to run from the time when it would have begun to run if
passed in the proceedings from which the appeal lies.

108V

Interim hospital orders

(1)

The fact that an appeal is pending against an interim hospital order
made under the Mental Health Act 1983 (“the 1983 Act”) by a
magistrates’ court does not affect the power of the magistrates’
court to renew or terminate the order or to deal with the appellant
on its termination.

(2)

Where the Crown Court—

(a)

quashes an interim hospital order made under the 1983 Act
by a magistrates’ court, but

(b)

does not pass any sentence or make any other order in its
place,

the Crown Court may direct that the appellant is to be detained in
custody or released on bail until the appellant is dealt with by that
magistrates’ court.

(3)

The Crown Court’s power under this section to release a person on
bail is subject to section 25 of the Criminal Justice and Public Order
Act 1994 (which limits bail in certain cases where a defendant has
a previous conviction for homicide or rape).

(4)

Where, on an appeal under section 108 from a magistrates’ court,
the Crown Court makes an interim hospital order, the magistrates’
court is to be treated for the purposes of section 38(7) of the 1983
Act as the court that made the order (and see also section 110).

Part 2

Amendments of other legislation

Customs and Excise Management Act 1979

5

In section 147 of the Customs and Excise Management Act 1979 (proceedings
for offences), after subsection (3) insert—

(3A)

An appeal under subsection (3) against any of the following
decisions may be brought only with the permission of the Crown
Court—

(a)

the dismissal of an information or written charge;

(b)

a sentence passed on a person’s conviction;

(c)

a decision to make, or to refuse to make, any other order on
conviction.

(3B)

The Crown Court may grant permission to appeal only if the Crown
Court considers that it is reasonably arguable that—

(a)

in the case of an appeal against the dismissal of an
information or written charge, a court trying the information
or written charge afresh would convict the person of the
offence charged;

(b)

in the case of an appeal against a sentence or other order
passed or made on conviction, a court hearing the appeal
would pass a different sentence or make a different order;

(c)

in the case of an appeal against a refusal to make any order
on conviction, a court hearing the appeal would make such
an order.

(3C)

Section
108A
(2)
and
(3)
of the Magistrates’ Courts Act 1980
(permission to appeal) applies to permission to appeal under
subsection (3) as it applies to permission for the purposes of section
108(2B) of that Act.

Senior Courts Act 1981

6

The Senior Courts Act 1981 is amended as follows.

7

In section 8 (the Crown Court), in subsection (1)(c), for “sections 74 and
75(2)” substitute “section 75(2)”.

8

(1)

Section 48 (appeals to Crown Court) is amended as follows.

(2)

After subsection (1) insert—

(1A)

Subsection (2) applies to any appeal other than—

(a)

an appeal under section 108 of the Magistrates’ Courts Act
1980 (appeals against conviction or sentence by magistrates’
court, etc), or

(b)

an appeal under section 45(1) of the Mental Health Act 1983
(appeal where hospital or guardianship order made without
convicting a person).

(For provision about appeals within paragraph (a) or (b), see Part
5 of the Magistrates’ Courts Act 1980.)

(3)

In subsection (2), for “appeal” insert “to which this subsection applies”.

(4)

Omit subsections (4), (6), (7) and (8).

9

In section 73 (composition of Crown Court), in subsection (1), omit “, 74”.

10

Omit section 74 (composition of Crown Court when hearing appeals, etc).

11

In section 75 (allocation of cases according to composition of court, etc), in
subsection (2), for “Subject to section 74(1), the” substitute “The”.

Contempt of Court Act 1981

12

In section 12 of the Contempt of Court Act 1981 (offences of contempt of
magistrates’ courts), in subsection (5), for “section 108” substitute “sections
108,
108A
,
108P
to
108R
and
108T
to
108V
”.

Mental Health Act 1983

13

In section 45 of the Mental Health Act 1983 (appeals from magistrates’
courts), for subsection (1) substitute—

(1)

Where, on the trial of an information or written charge charging a
person with an offence, a magistrates’ court makes a hospital order
or guardianship order in respect of the person without convicting
the person—

(a)

the person may appeal against the order as if it had been
made on conviction (see section 108(3) of the Magistrates’
Courts Act 1980);

(b)

the person may appeal against any finding upon which the
order was made (see section
108K
of that Act).

Prosecution of Offences Act 1985

14

(1)

The Prosecution of Offences Act 1985 is amended as follows.

(2)

In section 16 (defence costs)—

(a)

in subsection (3), for the words from “and” to “awarded;” substitute
and the Crown Court—

(a)

allows an appeal against the conviction,

(b)

substitutes a conviction of another offence (see section
108C
of that Act), or

(c)

exercises its powers under section
108R
(2)
(b)
or
(4)
(b)
of that Act (powers where the court considers that
the appellant should be sentenced differently for an
offence dealt with by the magistrates’ court),

;

(b)

after that subsection insert—

(3A)

Where the Crown Court allows a person’s appeal under
section 45(1) of the Mental Health Act 1983 against a finding
upon which a hospital order or guardianship order was
made in respect of the person under section 37 of that Act,
the Crown Court may make a defendant’s costs order in
favour of the person.

(3)

In section 16A (legal costs), in subsection (3), after paragraph (b) (but before
the “or” at the end of that paragraph) insert—

(ba)

section 16(3A),

.

(4)

In section 18 (award of costs against accused), in subsection (1)(b), after
“appeal” insert “or application for permission to appeal”.

Football Spectators Act 1989

15

In section 14A of the Football Spectators Act 1989 (banning orders made
on conviction of an offence), after subsection (5A) insert—

(5AA)

An appeal under subsection (5A)(a) may be brought only if the
Crown Court gives permission.

(5AB)

The Crown Court may grant permission to appeal under subsection
(5A)(a) only if the Crown Court considers that it is reasonably
arguable that a court hearing the appeal would make a banning
order.

(5AC)

Section
108A
(2)
and
(3)
of the Magistrates’ Courts Act 1980
(permission to appeal) applies to permission to appeal under
subsection (5A)(a) as it applies to permission for the purposes of
section 108(2B) of that Act.

Criminal Appeal Act 1995

16

(1)

Section 11 of the Criminal Appeal Act 1995 (reference by Criminal Cases
Review Commission of cases dealt with summarily in England and Wales)
is amended as follows.

(2)

After subsection (3) insert—

(3A)

Section 108(2B) of the Magistrates’ Courts Act 1980 (requirement
for permission of Crown Court to bring appeal from magistrates’
court) does not apply in relation to an appeal treated as brought
under section 108(1) of that Act by virtue of subsection (2) or (3) of
this section.

(3)

Omit subsection (6).

Terrorism Act 2000

17

In section 7 of the Terrorism Act 2000 (effect on convictions, etc of successful
appeal against a refusal to deproscribe an organisation), in subsection (7)(b),
at the end insert “(but does not require permission).”

Terrorism Prevention and Investigation Measures Act 2011

18

In Schedule 3 to the Terrorism Prevention and Investigation Measures Act
2011 (appeals against conviction of offence of contravening TPIM notice),
in paragraph 4(5)—

(a)

omit the “and” at the end of paragraph (c), and

(b)

at the end of paragraph (d) insert
; and

(e)

in the case of an appeal under section 108(1)(b) of
that Act, does not require permission.

Counter-Terrorism and Security Act 2015

19

In Schedule 4 to the Counter-Terrorism and Security Act 2015 (appeals
against conviction of offence of contravening temporary exclusion order),
in paragraph 4(5)—

(a)

omit the “and” at the end of paragraph (c), and

(b)

at the end of paragraph (d) insert
; and

(e)

in the case of an appeal under section 108(1)(b) of
that Act, does not require permission.

Sentencing Act 2020

20

The Sentencing Act 2020 is amended as follows.

21

In section 380 (order for parent or guardian to pay fine, costs, compensation
or surcharge), in subsection (5), after “magistrates’ court” insert “, as if the
parent or guardian had been convicted by a magistrates’ court and the
order were a sentence passed on the parent’s or guardian’s conviction”.

22

(1)

In Schedule 4 (referral orderfurther court proceedings), paragraph 8 (appeal
where offender re-sentenced for offence) is amended as follows.

(2)

The existing words become sub-paragraph (1) of that paragraph.

(3)

After that sub-paragraph insert—

(2)

An appeal under this paragraph is to be treated as if it were an
appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.

23

(1)

Schedule 7 (breach, revocation or amendment of youth rehabilitation order)
is amended as follows.

(2)

In paragraph 6 (breach of requirement of orderpowers of magistrates’
court), after sub-paragraph (11) insert—

(12)

An appeal under sub-paragraph (11) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.

(3)

In paragraph 12 (youth rehabilitation order subject to magistrates’ court
supervision), after sub-paragraph (8) insert—

(8A)

An appeal under sub-paragraph (8) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.

(4)

In paragraph 21 (powers of magistrates’ court following subsequent
conviction), after sub-paragraph (6) insert—

(7)

An appeal under sub-paragraph (6) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.

24

(1)

Schedule 10 (breach, revocation or amendment of community order) is
amended as follows.

(2)

In paragraph 10 (breach of requirement of orderpowers of magistrates’
court), after sub-paragraph (11) insert—

(12)

An appeal under sub-paragraph (11) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.

(3)

In paragraph 14 (community order subject to magistrates’ court supervision),
after sub-paragraph (8) insert—

(9)

An appeal under sub-paragraph (8) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.

25

In Schedule 12 (detention and training order), in paragraph 3 (power of
youth court to deal with offender for breach of supervision requirement),
after sub-paragraph (11) insert—

(11A)

An appeal under sub-paragraph (11) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.

National Security Act 2023

26

In Schedule 9 to the National Security Act 2023 (appeals against conviction
of offence of contravening Part 2 notice), in paragraph 4(4)—

(a)

omit the “and” at the end of paragraph (c), and

(b)

at the end of paragraph (d) insert
, and

(e)

does not require permission.

Consequential repeals

27

In consequence of the amendments made by this Schedule—

(a)

in Schedule 3 to the Mental Health (Amendment) Act 1982, omit
paragraph 61;

(b)

in Schedule 4 to the Mental Health Act 1983, omit paragraph 58;

(c)

in Schedule 2 to the Criminal Appeal Act 1995, omit paragraph 14;

(d)

in Schedule 4 to the Constitutional Reform Act 2005, omit paragraph
133;

(e)

in Schedule 2 to the Armed Forces Act 2011, omit paragraph 3.

Schedule 3

Section 18
(7)

Leadership of tribunals

Part 1

Amendments of Constitutional Reform Act 2005

1

The
Constitutional Reform Act 2005
is amended as follows.

2

In
section 5
(representations to Parliament), after
subsection (1)
insert—

(1A)

In
subsection (1)
“the judiciary” includes, in relation to England and
Wales, every person who is—

(a)

a judge, or other member, of the First-tier Tribunal or Upper
Tribunal,

(b)

a member of a panel of members of employment tribunals
established for England and Wales (whether or not a panel
of Employment Judges),

(c)

a judge, or other member, of the Employment Appeal
Tribunal, or

(d)

a tribunal, or a member of a tribunal, in a list in
Schedule 6
to the
Tribunals, Courts and Enforcement Act 2007
that has
effect for the purposes of
section 30
of
that Act
,

and who exercises functions wholly or mainly in England and
Wales.

3

In the italic heading before
section 7
, for “and courts” substitute “, courts
and tribunals”.

4

In
section 7
(responsibilities of Lord Chief Justice of England and Wales)—

(a)

in
subsection (2)
, in
paragraph (c)
, omit “and the allocation of work
within courts”;

(b)

in
subsection (3)
, for the words from “entitled” to the end
substitute 
—

(a)

responsible for the allocation of work within those
courts, and

(b)

entitled to sit in any of those courts.

5

In
section 16
(functions of the Lord Chief Justice during vacancy or
incapacity), in
subsection (3)
, at the end of
paragraph (d)
insert
, or

(e)

the Senior President of Tribunals, if the offices in paragraphs
(a)
to
(d)
are vacant and the Senior President of Tribunals
is an ex-officio judge of the Court of Appeal.

6

In
section 75B
(Senior President of Tribunals: selection process)—

(a)

after
subsection (1B)
insert—

(1BA)

The judicial members of the panel must include—

(a)

the senior judge of the Supreme Court (within the
meaning given by
section 26
(5B)
), and

(b)

at least one person who appears to the Commission
to have knowledge or experience of one or more of
the tribunals listed in
subsection (1BB)
,

and both requirements may be met by the same person’s
membership of the panel.

(1BB)

The tribunals are—

(a)

the First-tier Tribunal,

(b)

the Upper Tribunal,

(c)

employment tribunals, and

(d)

the Employment Appeal Tribunal.

;

(b)

in
subsection (3)
, before
paragraph (a)
insert—

(za)

the Lord Chancellor,

.

7

In
section 85
(selection of puisne judges and other office holders), in
subsection (1)
, for
paragraph (e)
substitute—

(e)

an appointment to an office listed in Table 2A of
Part 3
of
that Schedule in exercise of the Lord Chief Justice’s function
under the enactment listed opposite that office;

(f)

an appointment to an office listed in Table 2B of
Part 3
of
that Schedule in exercise of the function of the Senior
President of Tribunals under the enactment listed opposite
that office;

(g)

an appointment to an office listed in Table 2C of
Part 3
of
that Schedule in joint exercise of the function of the Lord
Chief Justice and the Senior President of Tribunals under
the enactment listed opposite that office.

8

(1)

Section 86
(duty to fill vacancies) is amended as follows.

(2)

In
subsection (2A)
, after “Part 2” insert “, or Table 2A of
Part 3
,”.

(3)

In
subsection (2B)
, for “Table 2” substitute “Table 2B”.

(4)

After
subsection (2B)
insert—

(2C)

The Lord Chief Justice and the Senior President of Tribunals, acting
jointly, must make an appointment to fill any vacancy in an office
listed in Table 2C of
Part 3
of that Schedule.

(5)

In
subsection (4)
, for “and (2B)” substitute “to
(2C)
”.

9

(1)

Section 94C
(selection process) is amended as follows.

(2)

In
subsection (2)
—

(a)

in
paragraph (f)
, after “Part 1 or 2” insert “, or Table 2A of
Part 3
,”;

(b)

in
paragraph (g)
, for “Table 2” substitute “Table 2B”;

(c)

after
paragraph (g)
insert—

(ga)

give functions to the Lord Chief Justice and the Senior
President of Tribunals, acting jointly, in connection
with selection for an office listed in Table 2C of
Part
3
of
Schedule 14
, including—

(i)

power to reject, or require the reconsideration
of, initial or subsequent selections made on a
request under
section 87
, and

(ii)

power to require the reconsideration of a
decision mentioned in
paragraph (d)
;

;

(d)

after
paragraph (q)
insert—

(qa)

make provision about the exercise of functions given
by the regulations to the Lord Chief Justice and the
Senior President of Tribunals acting jointly, in reliance
on
paragraph (ga)
, including provision prohibiting
or restricting delegation of such functions;

.

(3)

In
subsection (4)
—

(a)

in
paragraph (b)
, after “Part 1 or 2” insert “, or Table 2A of
Part 3
,”;

(b)

in
paragraph (c)
, for “Table 2” substitute “Table 2B”;

(c)

after
paragraph (c)
insert—

(d)

the Lord Chief Justice and the Senior President of
Tribunals, acting jointly, where the selection relates
to an office listed in Table 2C of
Part 3
of that
Schedule.

10

In
section 99
(complaints: interpretation)—

(a)

in
subsection (3A)
, in
paragraph (b)
, after “Part 2” insert “, or Table
2A or 2C of
Part 3
,”;

(b)

in
subsection (3B)
, in
paragraph (b)
, for “Table 2” substitute “Table
2B or 2C”;

(c)

after
subsection (3B)
insert—

(3C)

A complaint by a qualifying complainant of
maladministration by the Lord Chief Justice and the Senior
President of Tribunals, acting jointly, or anyone acting on
behalf of them, in connection with appointment to an office
listed in Table 2C of
Part 3
of
Schedule 14
(a
“joint-appointment complaint”), is to be treated as—

(a)

an LCJ complaint if made to the Lord Chief Justice,
and

(b)

an SPT complaint if made to the Senior President of
Tribunals.

11

In
section 102
(report and recommendations), after
subsection (4)
insert—

(5)

In relation to a joint-appointment complaint, the recommendations
that may be made under
subsection (2)
(c)

include recommendations
about action the Ombudsman recommends should be taken by the
Lord Chief Justice and the Senior President of Tribunals, acting
jointly.

12

(1)

Section 103
(report procedure) is amended as follows.

(2)

In
subsection (2)
—

(a)

in
paragraph (b)
, after “LCJ complaint” insert “or a joint-appointment
complaint made to the Senior President of Tribunals”;

(b)

in
paragraph (c)
, after “SPT complaint” insert “or a joint-appointment
complaint made to the Lord Chief Justice”.

(3)

In
subsection (5A)
, after “LCJ complaint” insert “, other than a
joint-appointment complaint,”.

(4)

In
subsection (5B)
, after “SPT complaint” insert “, other than a
joint-appointment complaint,”.

(5)

After
subsection (5B)
insert—

(5C)

If the complaint was a joint-appointment complaint the Ombudsman
must send the report in triplicate to the Lord Chancellor, the Lord
Chief Justice and the Senior President of Tribunals.

13

(1)

Schedule 14
(the Judicial Appointments Commission: relevant offices and
enactments) is amended as follows.

(2)

In
Part 1
(appointments by His Majesty)—

(a)

in Table 2 (appointments where the Commission reports to the Lord
Chief Justice), at the end insert—

Judge of the Upper Tribunal by
appointment under
paragraph 1
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007
, but not where it is
intended that the person to be appointed
will exercise functions wholly or mainly
in Scotland or Northern Ireland

Paragraph 1
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act
2007

;

(b)

for Table 3 (appointments where the Commission reports to the
Senior President of Tribunals) substitute—

Table 3 Appointments where the Commission reports to the Senior
President of Tribunals

Office

Enactment

Judge of the Upper Tribunal, where—

(a)

the appointment is under
paragraph
1
(1)
of
Schedule 3
to the
Tribunals,
Courts and Enforcement Act 2007
, and

(b)

it is intended that the person to be
appointed will exercise functions
wholly or mainly in Scotland or
Northern Ireland.

Paragraph 1
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007

.

(3)

In
Part 3
(tribunal-related and other appointments), for Table 2 substitute—

Table 2A Appointments by the Lord Chief Justice

Office

Enactment

Chamber President of a chamber of the First-tier
Tribunal, or of a chamber of the Upper Tribunal,
where—

(a)

the chamber is one whose business involves
only the application of the law of England
and Wales,

(b)

the appointment is under
section 7
(7)
of
the
Tribunals, Courts and Enforcement Act
2007
, and

(c)

the person is not appointed in accordance
with
paragraph 2
(2)
to
(5)
of
Schedule 4
to
that Act
.

Section 7
(7)
of the
Tribunals, Courts and
Enforcement Act 2007

Judge of the First-tier Tribunal, where—

(a)

the appointment is under
paragraph 1
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is not intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 1
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007

Other member of the First-tier Tribunal, where—

(a)

the appointment is under
paragraph 2
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is not intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 2
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007

Other member of the Upper Tribunal, where—

(a)

the appointment is under
paragraph 2
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is not intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 2
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007

Deputy judge of the Upper Tribunal, where—

(a)

the appointment is under
paragraph 7
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is not intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 7
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007

Deputy Chamber President of a chamber of the
First-tier Tribunal, or of a chamber of the Upper
Tribunal, where—

(a)

the chamber is one whose business involves
only the application of the law of England
and Wales, and

(b)

the person is not appointed in accordance
with
paragraph 5
(5)
to
(8)
of
Schedule 4
to
the
Tribunals, Courts and Enforcement Act
2007
.

Paragraph 5
(1)
of
Schedule 4
to the
Tribunals, Courts and
Enforcement Act 2007

Table 2B Appointments by the Senior President of Tribunals

Office

Enactment

Chamber President of a chamber of the First-tier
Tribunal, or of a chamber of the Upper Tribunal,
where—

(a)

the chamber is one whose business involves
only the application of the law of Scotland
or Northern Ireland,

(b)

the appointment is under
section 7
(7)
of
the
Tribunals, Courts and Enforcement Act
2007
, and

(c)

the person is not appointed in accordance
with
paragraph 2
(2)
to
(5)
of
Schedule 4
to
that Act
.

Section 7
(7)
of the
Tribunals, Courts and
Enforcement Act 2007

Judge of the First-tier Tribunal, where—

(a)

the appointment is under
paragraph 1
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 1
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007

Other member of the First-tier Tribunal, where—

(a)

the appointment is under
paragraph 2
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 2
(1)
of
Schedule 2
to the
Tribunals, Courts and
Enforcement Act 2007

Other member of the Upper Tribunal, where—

(a)

the appointment is under
paragraph 2
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 2
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007

Deputy judge of the Upper Tribunal, where—

(a)

the appointment is under
paragraph 7
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007
, and

(b)

it is intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.

Paragraph 7
(1)
of
Schedule 3
to the
Tribunals, Courts and
Enforcement Act 2007

Deputy Chamber President of a chamber of the
First-tier Tribunal, or of a chamber of the Upper
Tribunal, where—

(a)

the chamber is one whose business involves
only the application of the law of Scotland
or Northern Ireland, and

(b)

the person is not appointed in accordance
with
paragraph 5
(5)
to
(8)
of
Schedule 4
to
the
Tribunals, Courts and Enforcement Act
2007
.

Paragraph 5
(1)
of
Schedule 4
to the
Tribunals, Courts and
Enforcement Act 2007

Table 2C Appointments by the Lord Chief Justice and the Senior President
of Tribunals acting jointly

Office

Enactment

Chamber President of a chamber of the First-tier
Tribunal, or of a chamber of the Upper Tribunal,
where—

(a)

the chamber is one whose business involves
the application of the law of England and
Wales and the law of Scotland or Northern
Ireland,

(b)

the appointment is under
section 7
(7)
of the
Tribunals, Courts and Enforcement Act 2007
, and

(c)

the person is not appointed in accordance
with
paragraph 2
(2)
to
(5)
of
Schedule 4
to
that Act
.

Section 7
(7)
of the
Tribunals, Courts
and Enforcement Act
2007

Deputy Chamber President of a chamber of the
First-tier Tribunal, or of a chamber of the Upper
Tribunal, where—

(a)

the chamber is one whose business involves
the application of the law of England and
Wales and the law of Scotland or Northern
Ireland, and

(b)

the person is not appointed in accordance
with
paragraph 5
(5)
to
(8)
of
Schedule 4
to
the
Tribunals, Courts and Enforcement Act
2007
.

Paragraph 5
(1)
of
Schedule 4
to the
Tribunals, Courts
and Enforcement Act
2007

.

Part 2

Amendments of Tribunals, Courts and Enforcement Act 2007

14

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

15

In
section 2
(Senior President of Tribunals), at the end insert—

(5)

See also
section 9A
of the
Constitutional Reform Act 2005
(which
provides that the Senior President of Tribunals is, in England and
Wales, Head of Tribunals Justice).

16

(1)

Section 7
(chambers: jurisdiction and Presidents) is amended as follows.

(2)

In
subsection (1)
, after “concurrence of” insert “the Lord Chief Justice of
England and Wales and”.

(3)

In
subsection (6)
, for “The Senior President of Tribunals” substitute “The
appropriate authority”.

(4)

In
subsection (7)
, for “The Senior President of Tribunals” substitute “The
appropriate authority”.

(5)

After
subsection (8)
insert—

(8A)

In subsections
(6)
and
(7)
, and in
paragraph 2
of
Schedule 4
, “the
appropriate authority” means—

(a)

in relation to the appointment of a person to preside over a
chamber whose business involves only the application of the
law of England and Wales, the Lord Chief Justice of England
and Wales;

(b)

in relation to the appointment of a person to preside over a
chamber whose business involves only the application of the
law of Scotland or Northern Ireland, the Senior President of
Tribunals;

(c)

in any other case, the Lord Chief Justice and the Senior
President of Tribunals, acting jointly.

(8B)

Each of the Lord Chancellor, the Lord Chief Justice of England and
Wales and the Senior President of Tribunals may, with the
concurrence of each of the others, by order—

(a)

make provision for the allocation of the First-tier Tribunal’s
functions in England and Wales between its chambers;

(b)

make provision for the allocation of the Upper Tribunal’s
functions in England and Wales between its chambers;

(c)

amend or revoke any order made under this subsection.

(6)

In
subsection (9)
, in
paragraphs (a)
and
(b)
, after “functions” insert “in
Scotland or Northern Ireland”.

(7)

After
subsection (9)
insert—

(10)

Subsections
(11)
and
(12)
apply to provision which—

(a)

allocates a tribunal’s functions in England and Wales between
its chambers, and

(b)

is contained in an order under
subsection (9)
made at any
time before the coming into force of
subsection (8B)
.

(11)

The Lord Chief Justice of England and Wales may, with the
concurrence of the Lord Chancellor and the Senior President of
Tribunals, by order amend or revoke the provision.

(12)

Any power to amend or revoke the provision under
subsection (9)
may only be exercised by the Lord Chancellor or the Senior President
of Tribunals with the concurrence of the Lord Chief Justice of
England and Wales.

17

After
section 7
insert—

7A

Lord Chief Justicepower to delegate

(1)

The Lord Chief Justice of England and Wales (the “Lord Chief
Justice”) may, subject to the following provisions of this section,
delegate any relevant tribunal function—

(a)

to any judge, or other member, of the Upper Tribunal or
First-tier Tribunal;

(b)

to staff appointed under
section 2
(1)
of the
Courts Act 2003
or
section 40
(1)
of this Act.

(2)

A function of the Lord Chief Justice may not be delegated under
subsection (1)
to a person who—

(a)

is a judge, or other member, of the Upper Tribunal or
First-tier Tribunal only by virtue of the person being a
relevant Scottish office-holder or a relevant Northern Ireland
office-holder, and

(b)

is not a Chamber President, or a Deputy Chamber President,
of a chamber of the Upper Tribunal or of a chamber of the
First-tier Tribunal.

(3)

A function of the Lord Chief Justice under
paragraph 1
(1)
or
2
(1)
of
Schedule 2
may be delegated under
subsection (1)
only to—

(a)

a senior judge, or

(b)

a Chamber President of a chamber of the Upper Tribunal.

(4)

A function of the Lord Chief Justice under any of the provisions
listed in
subsection (5)
may be delegated under
subsection (1)
only
to a senior judge.

(5)

The provisions are—

section 7
(7)
;

section 7
(8B)
and
(11)
;

paragraph 2
(1)
of
Schedule 3
;

paragraph 7
(1)
of
Schedule 3
;

paragraph 2
of
Schedule 4
(but not
sub-paragraph (2)
(b)
);

paragraph 5
(1)
and
(3)
of
Schedule 4
;

paragraph 5
(5)
of
Schedule 4
(but not
paragraph (b)
);

paragraph 5
(6)
to
(8)
of
Schedule 4
;

paragraph 5A
(3A)
of
Schedule 4
.

(6)

Subsection (1)
does not apply to functions of the Lord Chief Justice
under any of the following—

section 29B
;

section 29D
;

section 46
;

paragraphs
3
(4)
and
6
(3)
(a)
of
Schedule 2
;

paragraphs
3
(4)
and
6
(3)
(a)
of
Schedule 3
;

paragraphs
2
(2)
(b)
and
5
(5)
(b)
of
Schedule 4
;

paragraph 3
of
Schedule 5
;

paragraphs
21
(2)
,
22
,
24
(A1)
and
25
(2)
(a)
of
Schedule 5
;

section 5B
of the
Employment Tribunals Act 1996
;

sections
22
to
24
of
that Act
;

paragraph 2
of
Schedule A1
to
that Act
.

(7)

A delegation under
subsection (1)
is not revoked by the delegator’s
becoming incapacitated.

(8)

Any delegation under
subsection (1)
that is in force immediately
before a person ceases to be Lord Chief Justice continues in force
until varied or revoked by a subsequent holder of the office of Lord
Chief Justice.

(9)

The delegation under
subsection (1)
of a function does not prevent
the exercise of the function by the Lord Chief Justice.

(10)

For the purposes of
subsection (2)
—

(a)

a person is a “relevant Scottish office-holder” if the person
is—

(i)

a judge of the Court of Session,

(ii)

a sheriff in Scotland,

(iii)

the President of Employment Tribunals (Scotland),

(iv)

the Vice President of Employment Tribunals
(Scotland), or

(v)

a member of a panel of members of employment
tribunals (whether or not a panel of Employment
Judges) established for Scotland;

(b)

a person is a “relevant Northern Ireland office-holder” if the
person is—

(i)

a Lord Justice of Appeal in Northern Ireland,

(ii)

a puisne judge of the High Court in Northern Ireland,

(iii)

a county court judge in Northern Ireland,

(iv)

a district judge in Northern Ireland,

(v)

the Chief Social Security Commissioner, or any other
Social Security Commissioner, appointed under
section 50
(1)
of the
Social Security Administration
(Northern Ireland) Act 1992
, or

(vi)

a Social Security Commissioner appointed under
section 50
(2)
of
that Act
(deputy Commissioners).

(11)

In this section—

relevant tribunal function
means any function the Lord Chief
Justice has relating to tribunals, other than a function
conferred on the Lord Chief Justice by or under the
Constitutional Reform Act 2005
;

senior judge
has the meaning given by
section 109
(5)
of the
Constitutional Reform Act 2005
;

tribunals
means—

(a)

the First-tier Tribunal,

(b)

the Upper Tribunal,

(c)

employment tribunals, and

(d)

the Employment Appeal Tribunal.

7B

Further delegation of functions of the Lord Chief Justice

(1)

A senior judge to whom a function of the Lord Chief Justice is
delegated under
section 7A
(1)
may, subject to the following
provisions of this section, further delegate the function—

(a)

to any judge, or other member, of the Upper Tribunal or
First-tier Tribunal;

(b)

to staff appointed under
section 2
(1)
of the
Courts Act 2003
or
section 40
(1)
of this Act.

(2)

A function of the Lord Chief Justice may not be further delegated
under
subsection (1)
to a person who—

(a)

is a judge, or other member, of the Upper Tribunal or
First-tier Tribunal only by virtue of the person being a
relevant Scottish office-holder or a relevant Northern Ireland
office-holder, and

(b)

is not a Chamber President, or a Deputy Chamber President,
of a chamber of the Upper Tribunal or of a chamber of the
First-tier Tribunal.

(3)

A function of the Lord Chief Justice under
paragraph 1
(1)
or
2
(1)
of
Schedule 2
may be further delegated under
subsection (1)
only
to a person appointed as—

(a)

Deputy Head of Tribunals Justice, or

(b)

Chamber President of a chamber of the Upper Tribunal.

(4)

Subsection (1)
does not apply to functions of the Lord Chief Justice
under any of the provisions listed in
section 7A
(5)
.

(5)

A delegation under
subsection (1)
is not revoked by the delegator’s
becoming incapacitated.

(6)

Any delegation under
subsection (1)
that is in force immediately
before the delegator ceases to hold office as a senior judge continues
in force until varied or revoked by a subsequent holder of the same
office or another senior judge.

(7)

The delegation under
subsection (1)
of a function does not prevent
the exercise of the function by the delegator (or the Lord Chief
Justice).

(8)

In this section—

the Lord Chief Justice
means the Lord Chief Justice of
England and Wales;

relevant Scottish office-holder
and “relevant Northern Ireland
office-holder” have the same meaning as in
subsection (2)
of
section 7A
(see
subsection (10)
of that section);

senior judge
has the meaning given by
section 109
(5)
of the
Constitutional Reform Act 2005
.

18

(1)

Section 8
(Senior President of Tribunals: power to delegate) is amended as
follows.

(2)

In
subsection (1)
—

(a)

in the words before paragraph (a), after “may” insert “, subject to
the following provisions of this section,”;

(b)

in paragraph (b), for “section 40(1)” substitute “
section 2
(1)
of the
Courts Act 2003
or
section 40
(1)
of this Act”.

(3)

In subsection (1A)—

(a)

for “paragraph 1(1) or 2(1) of Schedule 2” substitute “any of the
provisions listed in
subsection (1B)
”;

(b)

for “a Chamber President of a chamber of the Upper Tribunal”
substitute “a person appointed as—

(a)

Deputy Head of Tribunals Justice, or

(b)

Chamber President of a chamber of the Upper
Tribunal

.

(4)

After subsection (1A) insert—

(1B)

The provisions are—

section 7
(7)
;

section 7
(8B)
and
(9)
;

paragraph 1
(1)
of
Schedule 2
;

paragraph 2
(1)
of
Schedule 2
;

paragraph 2
(1)
of
Schedule 3
;

paragraph 7
(1)
of
Schedule 3
;

paragraph 2
of
Schedule 4
;

paragraph 5
(1)
and
(3)
of
Schedule 4
;

paragraph 5
(5)
to
(8)
of
Schedule 4
;

paragraph 5A
(3A)
of
Schedule 4
.

(5)

For subsection (2) substitute—

(2)

Subsection (1) does not apply to functions of the Senior President
of Tribunals under any of the following—

section 29B
;

section 29D
;

section 46
;

paragraph 3
of
Schedule 5
;

paragraph 2
of
Schedule A1
to the
Employment Tribunals
Act 1996
.

(6)

After
subsection (5)
insert—

(6)

Subsection (1)
does not apply to functions of the Lord Chief Justice
of England and Wales delegated to the Senior President of Tribunals
under
section 7A
(but see
section 7B
for provision about further
delegation of such functions).

19

After section 8 insert—

8A

Delegationsupplementary

(1)

Where a function is exercisable, in a particular case, by the Lord
Chief Justice and the Senior President of Tribunals, acting jointly—

(a)

so far as the function is exercisable by the Lord Chief Justice,
it is to be treated for the purposes of
section 7A
as a relevant
tribunal function and may be delegated under that section,
and further delegated under
section 7B
, accordingly
(including to the Senior President of Tribunals);

(b)

so far as the function is exercisable by the Senior President
of Tribunals—

(i)

it is to be treated for the purposes of
section 8
as a
function the Senior President of Tribunals has in that
capacity and may be delegated under
section 8
accordingly, but

(ii)

it may not be delegated under that section to the
Lord Chief Justice.

(2)

Where a person (“the delegator”) has a power to delegate a function
under section
7A
,
7B
or
8
—

(a)

any requirement that the delegator may exercise the function
only with the concurrence of another person (“P”) does not
prevent the delegator from delegating the function to P, and

(b)

if the delegator delegates the function to P, any such
requirement is to be disregarded so far as the function is
exercised by P.

(3)

In this section “the Lord Chief Justice” means the Lord Chief Justice
of England and Wales.

20

(1)

Section 23
(practice directions) is amended as follows.

(2)

In
subsection (1)
, for “The Senior President of Tribunals” substitute “The
Lord Chief Justice of England and Wales and the Senior President of
Tribunals, acting jointly,”.

(3)

After
subsection (1)
insert—

(1A)

The Lord Chief Justice of England and Wales may give directions—

(a)

as to the practice and procedure of a chamber of the First-tier
Tribunal whose business involves only the application of the
law of England and Wales;

(b)

as to the practice and procedure of a chamber of the Upper
Tribunal whose business involves only the application of the
law of England and Wales.

(1B)

The Senior President of Tribunals may give directions—

(a)

as to the practice and procedure of a chamber of the First-tier
Tribunal whose business involves only the application of the
law of Scotland or Northern Ireland;

(b)

as to the practice and procedure of a chamber of the Upper
Tribunal whose business involves only the application of the
law of Scotland or Northern Ireland.

(4)

In
subsection (4)
, after “(1)” insert “,
(1A)
or
(1B)
”.

(5)

In
subsection (5)
—

(a)

before
paragraph (a)
insert—

(za)

the Lord Chief Justice of England and Wales, if the
business of the chamber to which the directions relate
involves the application of the law of England and
Wales,

;

(b)

in
paragraph (a)
, after “Tribunals,” insert “if the business of the
chamber to which the directions relate involves the application of
the law of Scotland or Northern Ireland,”.

21

(1)

Section 29B
(directions and independence: authorised persons) is amended
as follows.

(2)

Before
subsection (1)
insert—

(A1)

The Lord Chief Justice of England and Wales may give directions
to an authorised person, other than an authorised person who
exercises functions wholly or mainly in Scotland or Northern
Ireland.

(3)

In
subsection (1)
, at the end insert “who exercises functions wholly or
mainly in Scotland or Northern Ireland”.

(4)

After
subsection (2)
insert—

(2A)

The Lord Chief Justice of England and Wales may delegate to one
or more of the following the Lord Chief Justice’s functions under
subsection (A1)
—

(a)

a judicial office holder;

(b)

a person appointed under
section 2
(1)
of the
Courts Act 2003
or
section 40
(1)
of this Act.

(5)

After
subsection (3)
insert—

(3A)

Any function of the Lord Chief Justice of England and Wales
delegated to the Senior President of Tribunals under
subsection (2A)
is to be treated for the purposes of
subsection (3)
as a function of
the Senior President of Tribunals under
subsection (1)
(and so may
be further delegated by the Senior President of Tribunals under
subsection (3)
).

(6)

In
subsection (4)
—

(a)

in the words before
paragraph (a)
—

(i)

omit “of the Senior President of Tribunals”;

(ii)

for “subsection (3)(b)” substitute “
subsection (2A)
(b)
or
(3)
(b)”;

(b)

in
paragraph (a)
, for “the Senior President of Tribunals” substitute
“the person who delegated the functions”;

(c)

in
paragraph (b)
, for “the Senior President of Tribunals” substitute
“that person”.

(7)

After
subsection (4)
insert—

(4A)

Subsections
(7)
to
(9)
of
section 7A
apply to—

(a)

a delegation under
subsection (2A)
of this section, and

(b)

a nomination by the Lord Chief Justice of England and Wales
under
subsection (4)
of this section,

as they apply to a delegation under
subsection (1)
of that section.

(8)

In 
subsection (5)
(b)
, after “nomination” insert “by the Senior President of
Tribunals”.

22

(1)

Section 29D
(costs or expenses in legal proceedings: authorised persons) is
amended as follows.

(2)

In
subsection (4)
, omit “, after consulting the Senior President of Tribunals,”.

(3)

After
subsection (4)
insert—

(4A)

Before making regulations under
subsection (4)
, the Lord Chancellor
must consult—

(a)

the Lord Chief Justice of England and Wales, and

(b)

the Senior President of Tribunals.

(4)

After
subsection (5)
insert—

(5A)

The Lord Chief Justice of England and Wales may delegate the Lord
Chief Justice’s functions under
subsection (4A)
to a person who is
a judicial office holder.

(5B)

Subsections
(7)
to
(9)
of
section 7A
apply to a delegation under
subsection (5A)
of this section as they apply to a delegation under
subsection (1)
of that section.

(5)

In
subsection (6)
, for “subsection (4)” substitute “
subsection (4A)
”.

(6)

After
subsection (6)
insert—

(6A)

Any function of the Lord Chief Justice of England and Wales
delegated to the Senior President of Tribunals under
subsection (5A)
is to be treated for the purposes of
subsection (6)
as a function of
the Senior President of Tribunals under
subsection (4A)
(and so
may be further delegated by the Senior President of Tribunals under
subsection (6)
).

23

In
section 40
(tribunal staff and services), in
subsection (5)
, after “consult”
insert “the Lord Chief Justice of England and Wales and”.

24

In
section 42
(fees), in
subsection (5)
, after
paragraph (a)
insert 
and

(aa)

to the extent that the order relates to fees payable in England
and Wales, the Lord Chief Justice of England and Wales.

25

In
section 43
(report by Senior President of Tribunals), in
subsection (3)
—

(a)

in
paragraph (a)
, after “First-tier Tribunal” insert “in Scotland or
Northern Ireland”;

(b)

in
paragraph (b)
, after “Upper Tribunal” insert “in Scotland or
Northern Ireland”;

(c)

in
paragraph (c)
, after “Employment Appeal Tribunal” insert “in
Scotland”;

(d)

in
paragraph (d)
, after “employment tribunals” insert “in Scotland”.

26

(1)

Section 46
(delegation of functions by Lord Chief Justice etc.) is amended
as follows.

(2)

In the heading, before “functions” insert “certain”.

(3)

In
subsection (1)
, omit the words from “(as” to “2005)”.

(4)

In
subsection (2)
—

(a)

for “paragraphs 2(2) and 5(5) of Schedule 4” substitute “paragraphs
2
(2)
(b)
and
5
(5)
(b)
of
Schedule 4
”;

(b)

in the entry for Schedule 5, for “24” substitute “24
(A1)
”.

(5)

After
subsection (2)
insert—

(2A)

Subsection (2B)
applies where the Senior President of Tribunals is
nominated under
subsection (1)
to exercise a function of the Lord
Chief Justice of England and Wales.

(2B)

The Senior President of Tribunals may nominate another judicial
office holder to exercise the function.

(2C)

In this section “judicial office holder” has the meaning given by
section 109
(4)
of the
Constitutional Reform Act 2005
.

27

In
section 47
(co-operation in relation to judicial training, guidance and
welfare), in
subsection (4)
—

(a)

before
paragraph (a)
insert—

(za)

the person is the Lord Chief Justice of England and
Wales,

;

(b)

in
paragraph (b)
, for “the Senior President of Tribunals or the
President of Welsh Tribunals” substitute “a person mentioned in
paragraph
(za)
or
(a)
”.

28

(1)

Section 49
(orders and regulations under Part 1) is amended as follows.

(2)

In
subsection (1)
—

(a)

after
paragraph (a)
insert—

(aa)

of the Lord Chief Justice of England and Wales to
make an order under
section 7
(8B)
or
(11)
,

;

(b)

in
paragraph (b)
, for “section 7(9)” substitute “
section 7
(8B)
or
(9)
”.

(3)

In
subsection (2)
—

(a)

for the words from “power” to “if” substitute “powers mentioned
in
subsection (1)
(aa)
and
(b)
as if the Lord Chief Justice of England
and Wales and”;

(b)

after “were” insert “each”.

(4)

In
subsection (8)
—

(a)

after
paragraph (a)
insert—

(aa)

an order made by the Lord Chief Justice of England
and Wales under
section 7
(8B)
or
(11)
;

;

(b)

in
paragraph (b)
, for “section 7(9)” substitute “
section 7
(8B)
or
(9)
”.

29

(1)

Schedule 1
(Senior President of Tribunals) is amended as follows.

(2)

Part 1
(recommendations for appointment) is amended in accordance with
sub-paragraphs (3)
to
(5)
.

(3)

In
paragraph 1
(duty to fill vacancies), in
sub-paragraph (2)
, for “agrees”
substitute “, the Lord President of the Court of Session and the Lord Chief
Justice of Northern Ireland agree”.

(4)

Omit the italic heading before
paragraph 2
.

(5)

In
paragraph 2
—

(a)

omit
sub-paragraphs (1)
to
(4)
;

(b)

in
sub-paragraph (5)
, for the words from the beginning to
“consultation” substitute “Before the Lord Chancellor may
recommend a person for appointment to the office of Senior
President of Tribunals”.

(6)

In
Part 2
(selection by the Judicial Appointments Commission), in
paragraph
3
(eligibility for selection), before
paragraph (a)
insert—

(za)

the person is a judge of the Court of Appeal in England and
Wales,

.

(7)

Part 3
(terms of office) is amended in accordance with
sub-paragraphs (8)
and
(9)
.

(8)

In
paragraph 6
(tenure and removal)—

(a)

omit
sub-paragraph (1)
;

(b)

in
sub-paragraph (2)
—

(i)

for “Subject to sub-paragraph (1) (and to the 1993 Act), a”
substitute “A”;

(ii)

after “shall” insert “(subject to the
Judicial Pensions and
Retirement Act 1993
)”;

(c)

omit
sub-paragraph (4)
.

(9)

Omit
paragraph 7
.

(10)

After
Part 3
insert—

Part 3A

Functions of the Senior President during vacancy or incapacity

Functions of the Senior President during vacancy or incapacity

11A

(1)

This paragraph applies where—

(a)

the Senior President of Tribunals is unable to exercise the
functions of that office, or

(b)

the office of Senior President of Tribunals is vacant.

(2)

The Lord Chief Justice of England and Wales may, with the
concurrence of the Lord President of the Court of Session and
the Lord Chief Justice of Northern Ireland, appoint a person who
holds high judicial office to exercise specified functions of the
Senior President of Tribunals.

(3)

An appointment under
sub-paragraph (2)
—

(a)

must be in writing, and

(b)

must set out the duration of the appointment.

(4)

In
sub-paragraph (2)
—

high judicial office
has the same meaning as in
Part 3
of
the
Constitutional Reform Act 2005
(see
section 60
(2)
(a)

of that Act);

specified
means specified in the appointment.

(11)

Part 4
(certain functions of the Senior President) is amended in accordance
with
sub-paragraphs (12)
to
(16)
.

(12)

In the italic heading before paragraph 12, for ““tribunal member”” substitute
““relevant tribunal member””.

(13)

In
paragraph 12
(1)
(meaning of “tribunal member”)—

(a)

in the words before
paragraph (a)
, for ““tribunal member”” substitute
““relevant tribunal member””;

(b)

in
paragraph (a)
, after “Upper Tribunal” insert “who exercises
functions wholly or mainly in Scotland or Northern Ireland”;

(c)

in
paragraph (c)
, after “employment tribunals” insert “established
for Scotland”;

(d)

in
paragraph (d)
, after “Employment Appeal Tribunal” insert “who
exercises functions wholly or mainly in Scotland”;

(e)

for
paragraph (e)
substitute—

(e)

a person who—

(i)

is, or is a member of, a tribunal in a list in
Schedule 6
that has effect for the purposes of
section 30
, and

(ii)

exercises functions wholly or mainly in
Scotland or Northern Ireland.

(14)

In
paragraph 13
(representations to Parliament)—

(a)

in
paragraph (a)
, for “tribunal members” substitute “relevant tribunal
members”;

(b)

in
paragraph (b)
, after “tribunals” insert “in Scotland or Northern
Ireland”.

(15)

In
paragraph 14
(representation of views of tribunal members), and in the
italic heading before it, for “tribunal members” substitute “relevant tribunal
members”.

(16)

After
paragraph 14
insert—

Training etc.

15

The Senior President of Tribunals is responsible, within the
resources made available by the Lord Chancellor, for the
maintenance of appropriate arrangements for the training,
guidance and welfare of—

(a)

judges, and other members, of the First-tier Tribunal who
exercise functions wholly or mainly in Scotland or
Northern Ireland (in their capacities as such judges and
other members),

(b)

judges, and other members, of the Upper Tribunal who
exercise functions wholly or mainly in Scotland or
Northern Ireland (in their capacities as such judges and
other members),

(c)

members of panels of members of employment tribunals
established for Scotland (in their capacities as members
of such panels, whether or not panels of Employment
Judges), and

(d)

judges, and other members, of the Employment Appeal
Tribunal who exercise functions wholly or mainly in
Scotland (in their capacities as members of the
Employment Appeal Tribunal).

30

(1)

Schedule 2
(judges and other members of the First-tier Tribunal) is amended
as follows.

(2)

In
paragraph 1
(power to appoint judges)—

(a)

in
sub-paragraph (1)
, for “The Senior President of Tribunals”
substitute “The appropriate office-holder”;

(b)

in
sub-paragraph (2)
(d)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(c)

in
sub-paragraph (3)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(d)

after
sub-paragraph (3)
insert—

(4)

In this paragraph, “the appropriate office-holder” means—

(a)

where it is intended that the person to be
appointed will exercise functions wholly or mainly
in Scotland or Northern Ireland, the Senior
President of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

(3)

In
paragraph 2
(power to appoint other members)—

(a)

in
sub-paragraph (1)
, for “The Senior President of Tribunals”
substitute “The appropriate office-holder”;

(b)

after
sub-paragraph (1)
insert—

(1A)

In
sub-paragraph (1)
, “the appropriate office-holder”
means—

(a)

where it is intended that the person to be
appointed will exercise functions wholly or mainly
in Scotland or Northern Ireland, the Senior
President of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

;

(c)

in
sub-paragraph (2)
, after “concurrence of” insert “the Lord Chief
Justice of England and Wales and”.

(4)

In
paragraph 6
(judges by request)—

(a)

in
sub-paragraph (1)
,
before
paragraph (a)
insert—

(za)

is not the Lord Chief Justice of England and Wales,

;

(b)

in
sub-paragraph (2)
, for the words from “only” to the end
substitute 
—

(a)

in England and Wales, only if requested to do so by
the Lord Chief Justice of England and Wales;

(b)

in Scotland or Northern Ireland, only if requested to
do so by the Senior President of Tribunals.

;

(c)

in
sub-paragraph (3)
(a)
, after “where” insert “the request is made
by the Senior President of Tribunals and”;

(d)

in
sub-paragraph (3A)
, after “made”, in the first place it occurs,
insert “by the Senior President of Tribunals”.

(5)

Omit
paragraph 8
(training etc.) and the italic heading before
that
paragraph
.

(6)

In
paragraph 9
(oaths)—

(a)

in
sub-paragraph (2)
, in
paragraphs (a)
and
(b)
, for “the Senior
President of Tribunals” substitute “the appropriate office-holder”;

(b)

after
sub-paragraph (2)
insert—

(2A)

In
sub-paragraph (2)
, “the appropriate office-holder”
means—

(a)

in the case of a person appointed under
paragraph
1
(1)
or
2
(1)
, the person who is the appropriate
office-holder for the purposes of appointing J;

(b)

in the case of a person within
sub-paragraph
(1)
(b)
—

(i)

where it appears to the Lord Chancellor
that J will carry out functions as a judge or
other member of the First-tier Tribunal
wholly or mainly in Scotland or Northern
Ireland, the Senior President of Tribunals;

(ii)

in any other case, the Lord Chief Justice of
England and Wales.

31

(1)

Schedule 3
(judges and other members of the Upper Tribunal) is amended
as follows.

(2)

In
paragraph 1
(power to appoint judges)—

(a)

in
sub-paragraph (2)
(d)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(b)

in
sub-paragraph (3)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(c)

after
sub-paragraph (3)
insert—

(4)

In this paragraph, “the appropriate office-holder” means—

(a)

where it is intended that the person to be
appointed will exercise functions wholly or mainly
in Scotland or Northern Ireland, the Senior
President of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

(3)

In
paragraph 2
(power to appoint other members)—

(a)

in
sub-paragraph (1)
, for “The Senior President of Tribunals”
substitute “The appropriate office-holder”;

(b)

after
sub-paragraph (1)
insert—

(1A)

In sub-paragraph (1), “the appropriate office-holder”
means—

(a)

where it is intended that the person to be
appointed will exercise functions wholly or mainly
in Scotland or Northern Ireland, the Senior
President of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

;

(c)

in
sub-paragraph (2)
, after “concurrence of” insert “the Lord Chief
Justice of England and Wales and”.

(4)

In
paragraph 6
(judges by request)—

(a)

in
sub-paragraph (1)
,
before
paragraph (a)
insert—

(za)

is not the Lord Chief Justice of England and Wales,

;

(b)

in
sub-paragraph (2)
, for the words from “only” to the end
substitute 
—

(a)

in England and Wales, only if requested to do so by
the Lord Chief Justice of England and Wales;

(b)

in Scotland or Northern Ireland, only if requested to
do so by the Senior President of Tribunals.

;

(c)

in
sub-paragraph (3)
(a)
, after “where” insert “the request is made
by the Senior President of Tribunals and”.

(5)

In
paragraph 7
(deputy judges of the Upper Tribunal)—

(a)

in
sub-paragraph (1)
, for “The Senior President of Tribunals”
substitute “The appropriate office-holder”;

(b)

after
sub-paragraph (1)
insert—

(1A)

In
sub-paragraph (1)
, “the appropriate office-holder”
means—

(a)

where it is intended that the person to be
appointed will exercise functions wholly or mainly
in Scotland or Northern Ireland, the Senior
President of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

(6)

Omit
paragraph 9
(training etc.) and the italic heading before
that
paragraph
.

(7)

In
paragraph 10
(oaths)—

(a)

in
sub-paragraph (2)
, in
paragraphs (a)
and
(b)
, for “the Senior
President of Tribunals” substitute “the appropriate office-holder”;

(b)

after
sub-paragraph (2)
insert—

(2A)

In
sub-paragraph (2)
, “the appropriate office-holder”
means—

(a)

in the case of a person appointed under
paragraph
1
(1)
,
2
(1)
or
7
(1)
, the person who is the appropriate
office-holder for the purposes of appointing J;

(b)

in the case of a person within
sub-paragraph
(1)
(b)
—

(i)

where it appears to the Lord Chancellor
that J will carry out functions as a judge or
other member of the Upper Tribunal wholly
or mainly in Scotland or Northern Ireland,
the Senior President of Tribunals;

(ii)

in any other case, the Lord Chief Justice of
England and Wales.

32

(1)

Schedule 4
(Chambers and Chamber Presidents: further provision) is
amended as follows.

(2)

In
paragraph 2
(appointment as Chamber President under
section 7
(7)
)—

(a)

in
sub-paragraph (1)
—

(i)

for “The Senior President of Tribunals” substitute “The
appropriate authority”;

(ii)

for “the Senior President of Tribunals appoints” substitute
“appointing”;

(b)

in
sub-paragraph (2)
—

(i)

for “the Senior President of Tribunals, in exercise of his”
substitute “the appropriate authority, in exercise of the”;

(ii)

for the words from “Wales,” to the end substitute
Wales—

(a)

where the appropriate authority is the Lord
Chief Justice of England and Wales, or the
Lord Chief Justice and the Senior President
of Tribunals acting jointly, the appropriate
authority must nominate one of those judges
for the purpose;

(b)

where the appropriate authority is the Senior
President of Tribunals, the Senior President
of Tribunals must first ask the Lord Chief
Justice of England and Wales to nominate one
of those judges for the purpose.

;

(c)

in
sub-paragraph (3)
—

(i)

for “the Senior President of Tribunals, in exercise of his”
substitute “the appropriate authority, in exercise of the”;

(ii)

for “the Senior President of Tribunals” (in the second place
it occurs) substitute “the appropriate authority”;

(d)

in
sub-paragraph (4)
—

(i)

for “the Senior President of Tribunals, in exercise of his”
substitute “the appropriate authority, in exercise of the”;

(ii)

for “the Senior President of Tribunals” (in the second place
it occurs) substitute “the appropriate authority”;

(e)

for
sub-paragraph (4A)
substitute—

(4A)

The appropriate authority may make a request under
sub-paragraph (2)
(b)
, (3) or (4) only with the Lord
Chancellor’s concurrence.

(4B)

The appropriate authority may make a nomination under
sub-paragraph (2)
(a)
only if the Lord Chancellor concurs
that the person appointed should be drawn from among the
judges of the Court of Appeal in England and Wales or the
puisne judges of the High Court in England and Wales.

;

(f)

in
sub-paragraph (5)
, for the words from “in” to “Tribunals”
substitute “, the appropriate authority”.

(3)

In
paragraph 4
(delegation of functions by Chamber Presidents), in
sub-paragraph (1)
(b)
, for “section 40(1)” substitute “
section 2
(1)
of the
Courts
Act 2003
or
section 40
(1)
of this Act”.

(4)

In
paragraph 5
(Deputy Chamber Presidents)—

(a)

in
sub-paragraph (1)
, for “The Senior President of Tribunals”
substitute “The appropriate authority”;

(b)

in
sub-paragraph (2)
, for “The Senior President of Tribunals”
substitute “The appropriate authority”;

(c)

in
sub-paragraph (3)
, for “the Senior President of Tribunals”
substitute “the appropriate authority”;

(d)

in
sub-paragraph (5)
—

(i)

for “the Senior President of Tribunals, in exercise of his”
substitute “the appropriate authority, in exercise of the”;

(ii)

for the words from “Wales,” to the end substitute
Wales—

(a)

where the appropriate authority is the Lord
Chief Justice of England and Wales, or the
Lord Chief Justice and the Senior President
of Tribunals acting jointly, the appropriate
authority must nominate one of those judges
for the purpose;

(b)

where the appropriate authority is the Senior
President of Tribunals, the Senior President
of Tribunals must first ask the Lord Chief
Justice of England and Wales to nominate one
of those judges for the purpose.

;

(e)

in
sub-paragraph (6)
—

(i)

for “the Senior President of Tribunals, in exercise of his”
substitute “the appropriate authority, in exercise of the”;

(ii)

for “the Senior President of Tribunals” (in the second place
it occurs) substitute “the appropriate authority”;

(f)

in
sub-paragraph (7)
—

(i)

for “the Senior President of Tribunals, in exercise of his”
substitute “the appropriate authority, in exercise of the”;

(ii)

for “the Senior President of Tribunals” (in the second place
it occurs) substitute “the appropriate authority”;

(g)

for
sub-paragraph (7A)
substitute—

(7A)

The appropriate authority may make a request under
sub-paragraph (5)
(b)
, (6) or (7) only with the Lord
Chancellor’s concurrence.

(7B)

The appropriate authority may make a nomination under
sub-paragraph (5)
(a)
only if the Lord Chancellor concurs
that the person appointed should be drawn from among the
judges of the Court of Appeal in England and Wales or the
puisne judges of the High Court in England and Wales.

;

(h)

in
sub-paragraph (8)
, for the words from “in” to “Tribunals”
substitute “, the appropriate authority”;

(i)

after
sub-paragraph (11)
insert—

(12)

In this paragraph, “the appropriate authority” means—

(a)

in relation to the appointment of a person to be
Deputy Chamber President of a chamber whose
business involves only the application of the law
of England and Wales, the Lord Chief Justice of
England and Wales;

(b)

in relation to the appointment of a person to be
Deputy Chamber President of a chamber whose
business involves only the application of the law
of Scotland or Northern Ireland, the Senior
President of Tribunals;

(c)

in any other case, the Lord Chief Justice and the
Senior President of Tribunals, acting jointly.

(5)

In
paragraph 5A
(Chamber Presidents and Deputies: removal from office
and extension of appointment)—

(a)

in
sub-paragraph (2)
(a)
, omit the words from “with” to “Tribunals”;

(b)

in
sub-paragraph (3)
(a)
, omit the words from “with” to “Tribunals”;

(c)

after
sub-paragraph (3)
insert—

(3A)

The power of the Lord Chancellor to remove a person
from office under sub-paragraph (2) or (3) may be
exercised only with the concurrence of—

(a)

the Lord Chief Justice of England and Wales, where
the person is Chamber President or Deputy
Chamber President of a chamber whose business
involves only the application of the law of England
and Wales;

(b)

the Senior President of Tribunals, where the person
is Chamber President or Deputy Chamber
President of a chamber whose business involves
only the application of the law of Scotland or
Northern Ireland;

(c)

in any other case, the Lord Chief Justice of England
and Wales and the Senior President of Tribunals.

(6)

In
paragraph 6
(Acting Chamber Presidents)—

(a)

in
sub-paragraph (1)
, for “the Senior President of Tribunals”
substitute “the appropriate authority”;

(b)

after
sub-paragraph (1)
insert—

(1A)

In
sub-paragraph (1)
, “the appropriate authority” means—

(a)

in relation to the appointment of a person to
preside over a chamber whose business involves
only the application of the law of England and
Wales, the Lord Chief Justice of England and
Wales;

(b)

in relation to the appointment of a person to
preside over a chamber whose business involves
only the application of the law of Scotland or
Northern Ireland, the Senior President of Tribunals;

(c)

in any other case, the Lord Chief Justice of England
and Wales and the Senior President of Tribunals,
acting jointly.

(7)

In
paragraph 8
(oaths)—

(a)

in
sub-paragraph (2)
, in
paragraphs (a)
and
(b)
, for “the Senior
President of Tribunals” substitute “the appropriate authority”;

(b)

after
sub-paragraph (2)
insert—

(2A)

In
sub-paragraph (2)
, “the appropriate authority” has the
same meaning as in—

(a)

section 7
(7)
, in the case of a person appointed as
a Chamber President;

(b)

paragraph 5
(1)
, in the case of a person appointed
as a Deputy Chamber President;

(c)

paragraph 6
(1)
, in the case of a person appointed
as an Acting Chamber President.

(8)

In the italic heading before
paragraph 9
, for “is function of Senior President
of Tribunals” substitute “of judges and other members to chambers”.

(9)

In
paragraph 9
(assignment of judges and other members to chambers)—

(a)

in
sub-paragraph (1)
—

(i)

for “The Senior President of Tribunals has” substitute “The
Lord Chief Justice of England and Wales and the Senior
President of Tribunals each have”;

(ii)

in
paragraphs (a)
and
(b)
, for “himself” substitute
“themselves”;

(b)

after
sub-paragraph (2)
insert—

(3)

The Lord Chief Justice of England and Wales may not
exercise a function under sub-paragraph (1) to assign a
particular judge or other member of a tribunal to a particular
chamber of the tribunal if it is intended that the person will
exercise the functions of that chamber wholly or mainly in
Scotland or Northern Ireland.

(4)

The Senior President of Tribunals may exercise a function
under sub-paragraph (1) to assign a particular judge or other
member of a tribunal to a particular chamber of the tribunal
only if it is intended that the person will exercise the
functions of that chamber wholly or mainly in Scotland or
Northern Ireland.

(10)

In
paragraph 11
(assigning members of First-tier Tribunal to its chambers)—

(a)

in
sub-paragraph (3)
, for the words from the beginning to “First-tier
Tribunal”, in the first place it occurs, substitute “A judge or other
member of the First-tier Tribunal may be assigned”;

(b)

after
sub-paragraph (3)
insert—

(3A)

The Lord Chief Justice of England and Wales may not
end the assignment of a judge or other member of the
First-tier Tribunal to a particular chamber of the First-tier
Tribunal if the judge or other member exercises the
functions of the chamber wholly or mainly in Scotland or
Northern Ireland.

(3B)

The Senior President of Tribunals may end the assignment
of a judge or other member of the First-tier Tribunal to a
particular chamber of the First-tier Tribunal only if the
judge or other member exercises the functions of the
chamber wholly or mainly in Scotland or Northern
Ireland.

;

(c)

in
sub-paragraph (4)
—

(i)

for “The Senior President of Tribunals may end the”
substitute “The”;

(ii)

after “Tribunal”, in the second place it occurs, insert “may
be ended by the Lord Chief Justice of England and Wales,
or the Senior President of Tribunals,”;

(d)

in
sub-paragraph (7)
, for “the Senior President of Tribunals himself”
substitute “the Lord Chief Justice of England and Wales or the Senior
President of Tribunals”.

(11)

In
paragraph 12
(assigning members of Upper Tribunal to its chambers)—

(a)

in
sub-paragraph (4)
, for the words from the beginning to “Tribunal”,
in the first place it occurs, substitute “A judge or other member of
the Upper Tribunal may be assigned”;

(b)

after
sub-paragraph (4)
insert—

(4A)

The Lord Chief Justice of England and Wales may not
end the assignment of a judge or other member of the
Upper Tribunal to a particular chamber of the Upper
Tribunal if the judge or other member exercises the
functions of the chamber wholly or mainly in Scotland or
Northern Ireland.

(4B)

The Senior President of Tribunals may end the assignment
of a judge or other member of the Upper Tribunal to a
particular chamber of the Upper Tribunal only if the judge
or other member exercises the functions of the chamber
wholly or mainly in Scotland or Northern Ireland.

;

(c)

in
sub-paragraph (5)
—

(i)

for “The Senior President of Tribunals may end the”
substitute “The”;

(ii)

after “Tribunal”, in the second place it occurs, insert “may
be ended by the Lord Chief Justice of England and Wales,
or the Senior President of Tribunals,”;

(d)

in
sub-paragraph (8)
, for “the Senior President of Tribunals himself”
substitute “the Lord Chief Justice of England and Wales or the Senior
President of Tribunals”.

(12)

In the italic heading before
paragraph 13
, omit “of Senior President of
Tribunals”.

(13)

In
paragraph 13
(policy as respects assigning members to chambers etc.)—

(a)

in
sub-paragraph (1)
—

(i)

for “The Senior President of Tribunals” substitute “Each of
the relevant office-holders”;

(ii)

for “him” substitute “the office-holder”;

(iii)

for “his”, in both places it occurs, substitute “the
office-holder’s”;

(b)

in
sub-paragraph (3)
, omit “by the Senior President of Tribunals”;

(c)

in
sub-paragraph (4)
—

(i)

for “The Senior President of Tribunals” substitute “A relevant
office-holder”;

(ii)

after “adopted” insert “by the office-holder”;

(d)

at the end insert—

(5)

For the purposes of this paragraph, the relevant
office-holders are—

(a)

the Lord Chief Justice of England and Wales, and

(b)

the Senior President of Tribunals.

(14)

In
paragraph 14
(choosing members to decide cases)—

(a)

in
sub-paragraph (2)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(b)

for
sub-paragraph (4)
substitute—

(4)

In this paragraph—

the appropriate office-holder
means—

(a)

in relation to a case to be decided in
England and Wales, the Lord Chief Justice
of England and Wales;

(b)

in relation to a case to be decided in
Scotland or Northern Ireland, the Senior
President of Tribunals;

member
, in relation to a chamber of a tribunal,
means a judge or other member of the tribunal
who is assigned to the chamber.

(15)

In
paragraph 15
(composition of tribunals)—

(a)

in
sub-paragraph (4)
, for “the Senior President of Tribunals, or a
Chamber President,” substitute “a relevant office-holder”;

(b)

in
sub-paragraph (5)
, for “giving, to the Senior President of Tribunals
or a Chamber President,” substitute “giving a relevant office-holder”;

(c)

in
sub-paragraph (8)
, after “consult” insert “the Lord Chief Justice
of England and Wales and”;

(d)

for
sub-paragraph (9)
substitute—

(9)

In this paragraph—

qualification
includes experience;

relevant office-holder
means any of the following—

(a)

the Lord Chief Justice of England and
Wales;

(b)

the Senior President of Tribunals;

(c)

a Chamber President.

33

(1)

Schedule 5
(procedure in First-tier Tribunal and Upper Tribunal) is amended
as follows.

(2)

In
paragraph 3
(delegation of functions to staff)—

(a)

in
sub-paragraph (3)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(b)

in
sub-paragraph (4)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(c)

after
sub-paragraph (4)
insert—

(4A)

In sub-paragraphs
(3)
and
(4)
“the appropriate
office-holder” means—

(a)

where it is intended that the member of staff to be
authorised will exercise functions wholly or mainly
in Scotland or Northern Ireland, the Senior
President of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

(4B)

The Lord Chief Justice may delegate to one or more of
the following the Lord Chief Justice’s functions under the
preceding provisions of this paragraph—

(a)

a judicial office holder;

(b)

a person appointed under
section 2
(1)
of the
Courts
Act 2003
or
section 40
(1)
of this Act.

;

(d)

after
sub-paragraph (5)
insert—

(5A)

Any function of the Lord Chief Justice of England and
Wales delegated to the Senior President of Tribunals under
sub-paragraph (4B)
is to be treated for the purposes of
sub-paragraph (5)
as a function of the Senior President of
Tribunals (and so may be further delegated by the Senior
President of Tribunals under
sub-paragraph (5)
).

;

(e)

for
sub-paragraph (6)
substitute—

(6)

A person to whom functions are delegated under
sub-paragraph
(4B)
(b)
or
(5)
(b)
is not subject to the
direction of any person other than—

(a)

the person who delegated the functions, or

(b)

a judicial office holder nominated by that person,

when exercising the functions.

;

(f)

after
sub-paragraph (6)
insert—

(6A)

Subsections
(7)
to
(9)
of
section 7A
apply to—

(a)

a delegation under
sub-paragraph (4B)
, and

(b)

a nomination by the Lord Chief Justice of England
and Wales under
sub-paragraph (6)
(b)
,

as they apply to a delegation under
subsection (1)
of that
section.

;

(g)

in
sub-paragraph (7)
, after “nomination” insert “by the Senior
President of Tribunals”.

(3)

In
paragraph 20
(membership of Tribunal Procedure Committee)—

(a)

the existing text becomes
sub-paragraph (1)
;

(b)

before
paragraph (a)
of
that sub-paragraph
insert—

(za)

the Lord Chief Justice of England and Wales or a
person nominated by the Lord Chief Justice,

;

(c)

after
that sub-paragraph
insert—

(2)

Sub-paragraph (3)
applies where—

(a)

the Lord Chief Justice of England and Wales
nominates the Senior President of Tribunals under
sub-paragraph (1)
(za)
, and

(b)

the Senior President of Tribunals nominates a
person under
sub-paragraph (1)
(a)
.

(3)

Where this sub-paragraph applies, the person nominated
by the Senior President of Tribunals is to be treated as
being a member of the Committee by virtue of a
nomination under
sub-paragraph (1)
(za)
(as well as
sub-paragraph (1)
(a)
).

(4)

For the italic heading before
paragraph 24
substitute “Appointment of
persons with particular experience and knowledge”.

(5)

In
paragraph 24
(persons appointed at request of Senior President of
Tribunals)—

(a)

before
sub-paragraph (1)
insert—

(A1)

The Lord Chief Justice may (whether acting at the request
of the Senior President of Tribunals or otherwise) appoint
a person or persons with experience in and knowledge
of—

(a)

a particular issue, or

(b)

a particular subject area in relation to which the
First-tier Tribunal or the Upper Tribunal has, or is
likely to have, jurisdiction,

for the purpose of assisting the Committee with regard
to that issue or subject area.

;

(b)

in
sub-paragraph (1)
, after “request of” insert “the Lord Chief Justice
of England and Wales or”;

(c)

for
sub-paragraph (2)
substitute—

(2)

In sub-paragraph (1) “an appropriate senior judge”
means—

(a)

the Lord President of the Court of Session, or

(b)

the Lord Chief Justice of Northern Ireland.

;

(d)

in
sub-paragraphs (3)
,
(4)
and
(5)
, for “sub-paragraph (1)” substitute
“this paragraph”.

(6)

In
paragraph 25
(power to amend paragraphs 20 to 24), in
sub-paragraph
(1)
(a)
, for “24(1)” substitute “
24
(A1)
and
(1)
”.

34

In
Schedule 8
(tribunals and inquiries: consequential and other
amendments), in
paragraph 41
, omit sub-paragraphs (3) and (6) (which
insert into the
Employment Tribunals Act 1996
provision repealed by this
Act).

Part 3

Amendments of Employment Tribunals Act 1996

35

The
Employment Tribunals Act 1996
is amended as follows.

36

(1)

Section 4
(composition of tribunals) is amended as follows.

(2)

In
subsection (1)
, for “the Senior President of Tribunals” substitute “the
appropriate office-holder”.

(3)

After
subsection (1)
insert—

(1A)

In this section, “the appropriate office-holder” means—

(a)

in relation to employment tribunals in England and Wales,
the Lord Chief Justice of England and Wales, and

(b)

in relation to employment tribunals in Scotland, the Senior
President of Tribunals.

(4)

In
subsection (3)
, for “The Senior President of Tribunals” substitute “The
Lord Chief Justice of England and Wales and the Senior President of
Tribunals”.

(5)

In
subsection (7)
, for “the Senior President of Tribunals” substitute “the
appropriate office-holder”.

(6)

In
subsection (8)
, for “the Senior President of Tribunals” substitute “the
appropriate office-holder”.

(7)

In
subsection (11)
, after “consult” insert “the Lord Chief Justice of England
and Wales and”.

37

Omit
section 5A
(training etc.).

38

(1)

Section 5C
(oaths) is amended as follows.

(2)

Before
subsection (1)
insert—

(A1)

Subsection (A2)
applies to a person (“the appointee”)—

(a)

who is appointed—

(i)

as President of the Employment Tribunals (England
and Wales), or

(ii)

as a member of a panel (as defined in
section 5B
(4)
) established for England and Wales, and

(b)

who has not previously taken the required oaths after
accepting another office.

(A2)

The appointee must take the required oaths before—

(a)

the Lord Chief Justice of England and Wales, or

(b)

an eligible person who is nominated by the Lord Chief Justice
for the purpose of taking the oaths from the appointee.

(3)

In
subsection (1)
(a)
—

(a)

omit
sub-paragraph (i)
;

(b)

in
sub-paragraph (iii)
, after “section 5B(4))” insert “established for
Scotland”.

(4)

Omit
subsection (3)
.

(5)

In
subsection (4)
, for “subsection (2)(b)” substitute “subsections
(A2)
(b)
and
(2)
(b)
”.

39

(1)

Section 5D
(judicial assistance) is amended as follows.

(2)

In
subsection (2)
—

(a)

in
paragraph (a)
, for “the Senior President of Tribunals,”
substitute 
—

(i)

the Lord Chief Justice of England and Wales,
in relation to a panel established for England
and Wales, or

(ii)

the Senior President of Tribunals, in relation
to a panel established for Scotland,

;

(b)

in
paragraph (d)
, for the words from “requires” to the end substitute
“requires the consent of the relevant judge,”;

(c)

after
paragraph (d)
insert—

(da)

its operation as respects a particular relevant judge
requires the appropriate consent (see
subsection (3)
),
except where the relevant judge—

(i)

is within
subsection (3)
(a)(i) to (vi) and is
nominated for the purposes of the provision
by the Lord Chief Justice of England and
Wales, or

(ii)

is the Lord Chief Justice of England and
Wales, and

.

(3)

In
subsection (4)
, in the definition of “relevant tribunal judge”, in
paragraph
(vii)
, omit “is”.

40

(1)

Section 7A
(practice directions) is amended as follows.

(2)

Before
subsection (A1)
insert—

(ZA1)

The Lord Chief Justice of England and Wales may make directions
about the practice and procedure of employment tribunals in
England and Wales.

(3)

In
subsection (A1)
, after “employment tribunals” insert “in Scotland”.

(4)

For
subsection (1)
substitute—

(1)

The President of the Employment Tribunals (England and Wales)
may make directions about the practice and procedure of
employment tribunals in England and Wales.

(1A)

The President of the Employment Tribunals (Scotland) may make
directions about the practice and procedure of employment tribunals
in Scotland.

(5)

In
subsection (2A)
, for “subsections (A1) and (1)” substitute “subsections
(ZA1)
to
(1A)
”.

(6)

In
subsection (2B)
, for “subsection (A1)” substitute “subsection
(ZA1)
or
(A1)
”.

(7)

For
subsection (2C)
substitute—

(2C)

Directions under
subsection (1)
may not be made without the
approval of—

(a)

the Lord Chief Justice of England and Wales, and

(b)

the Lord Chancellor.

(2CA)

Directions under
subsection (1A)
may not be made without the
approval of—

(a)

the Senior President of Tribunals, and

(b)

the Lord Chancellor.

(8)

In
subsection (2D)
, for “Subsections (2B) and (2C)(b)” substitute “Subsections
(2B)
,
(2C)
(b)
and
(2CA)
(b)
”.

(9)

In
subsection (2E)
, for “Subsections (2B) and (2C)(b)” substitute “Subsections
(2B)
,
(2C)
(b)
and
(2CA)
(b)
”.

(10)

Omit
subsection (3)
.

41

Omit
section 24A
(training etc. of members of Appeal Tribunal).

42

(1)

Section 24B
(Appeal Tribunal: oaths) is amended as follows.

(2)

In
subsection (2)
, in
paragraphs (a)
and
(b)
, for “the Senior President of
Tribunals” substitute “the appropriate office-holder”.

(3)

After
subsection (2)
insert—

(2A)

In
subsection (2)
, “the appropriate office-holder” means—

(a)

where it is intended that the appointee will exercise functions
wholly or mainly in Scotland, the Senior President of
Tribunals;

(b)

in any other case, the Lord Chief Justice of England and
Wales.

(4)

Omit
subsection (3)
.

43

(1)

Section 28
(composition of Appeal Tribunal) is amended as follows.

(2)

In
subsection (1)
, for “the Senior President of Tribunals” substitute “the
appropriate office-holder”.

(3)

After
subsection (1)
insert—

(1A)

In this section, “the appropriate office-holder” means—

(a)

in relation to the composition of the Appeal Tribunal for the
purpose of deciding a matter relating to England and Wales,
the Lord Chief Justice of England and Wales;

(b)

in relation to the composition of the Appeal Tribunal for the
purpose of deciding a matter relating to Scotland, the Senior
President of Tribunals.

(4)

In
subsection (2)
, for “The Senior President of Tribunals” substitute “The
Lord Chief Justice of England and Wales and the Senior President of
Tribunals”.

(5)

In
subsection (6)
, for “the Senior President of Tribunals” substitute “the
appropriate office-holder”.

(6)

In
subsection (7)
, for “the Senior President of Tribunals” substitute “the
appropriate office-holder”.

(7)

In
subsection (10)
, after “consult” insert “the Lord Chief Justice of England
and Wales and”.

44

(1)

Section 29A
(Appeal Tribunal: practice directions) is amended as follows.

(2)

In
subsection (1)
, for paragraph (a) (but not the “or” after it) substitute—

(a)

by the Lord Chief Justice of England and Wales and the
Senior President of Tribunals, acting jointly,

.

(3)

In
subsection (4)
, before
paragraph (a)
insert—

(za)

the Lord Chief Justice of England and Wales,

.

(4)

In
subsection (6)
, before
paragraph (a)
insert—

(za)

the Lord Chief Justice of England and Wales,

.

45

(1)

In
Schedule A1
(procedure rules),
paragraph 2
(delegation of functions to
staff) is amended as follows.

(2)

In
sub-paragraph (3)
, for “the Senior President of Tribunals” substitute “the
appropriate office-holder”.

(3)

In
sub-paragraph (4)
(b)
, for “the Senior President of Tribunals” substitute
“the appropriate office-holder”.

(4)

After
sub-paragraph (4)
insert—

(4A)

In sub-paragraphs
(3)
and
(4)
, “the appropriate office-holder”
means—

(a)

where it is intended that the member of staff to be
authorised will exercise functions wholly or mainly in
Scotland, the Senior President of Tribunals;

(b)

in any other case, the Lord Chief Justice of England and
Wales.

(4B)

The Lord Chief Justice may delegate to one or more of the
following the Lord Chief Justice’s functions under the preceding
provisions of this paragraph—

(a)

a judicial office holder;

(b)

a person appointed under
section 2
(1)
of the
Courts Act
2003
or
section 40
(1)
of the
Tribunals, Courts and
Enforcement Act 2007
.

(5)

After
sub-paragraph (5)
insert—

(5A)

Any function of the Lord Chief Justice of England and Wales
delegated to the Senior President of Tribunals under
sub-paragraph (4B)
is to be treated for the purposes of
sub-paragraph (5)
as a function of the Senior President of
Tribunals (and so may be further delegated by the Senior
President of Tribunals under
sub-paragraph (5)
).

(6)

For
sub-paragraph (6)
substitute—

(6)

A person to whom functions are delegated under
sub-paragraph
(4B)
(b)
or
(5)
(b)
is not subject to the direction of any person other
than—

(a)

the person who delegated the functions, or

(b)

a judicial office holder nominated by that person,

when exercising the functions.

(7)

After
sub-paragraph (6)
insert—

(6A)

Subsections
(7)
to
(9)
of
section 7A
of the
Tribunals, Courts and
Enforcement Act 2007
apply to—

(a)

a delegation under
sub-paragraph (4B)
, and

(b)

a nomination by the Lord Chief Justice of England and
Wales under
sub-paragraph (6)
(b)
,

as they apply to a delegation under
subsection (1)
of that section.

Part 4

Amendments of other Acts

Agriculture Act 1947

46

In
Schedule 9
to the
Agriculture Act 1947
(constitution etc. of tribunals
etc.), in
paragraph 15A
(which provides for a member of the First-tier
Tribunal to act as a member of the Agricultural Land Tribunal)—

(a)

in sub-paragraph (1), for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(b)

after sub-paragraph (1) insert—

(1ZA)

In sub-paragraph (1), “the appropriate office-holder”
means—

(a)

in relation to a member of the First-tier Tribunal
who exercises functions wholly or mainly in
Scotland or Northern Ireland, the Senior President
of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

Lands Tribunal Act 1949

47

In
section 1
of the
Lands Tribunal Act 1949
(which makes provision
including provision about selecting a surveyor for the purposes of section
58 or 106 of the Lands Clauses Consolidation Act 1845)—

(a)

in subsection (6), for “the Senior President of Tribunals” substitute
“the appropriate office-holder”;

(b)

after subsection (6) insert—

(6ZA)

In subsection (6) “the appropriate office-holder” means—

(a)

in relation to the determination of compensation to
be paid in respect of land in England or Wales, the
Lord Chief Justice of England and Wales;

(b)

in any other case, the Senior President of Tribunals.

(6ZB)

Section 7A
of the
Tribunals, Courts and Enforcement Act
2007
(Lord Chief Justice: power to delegate) applies to any
function of the Lord Chief Justice under subsection (6) as it
applies to a relevant tribunal function within the meaning
of that section.

For provision enabling the delegation of any function of the
Senior President of Tribunals, see
section 8
of that Act.

Rent Act 1977

48

In
Schedule 10
to the
Rent Act 1977
(rent assessment committees), in
paragraph 5A
(which provides for a member of the First-tier Tribunal to
act as a member of a committee in Wales)—

(a)

the existing text becomes sub-paragraph (1);

(b)

in that sub-paragraph, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(c)

after that sub-paragraph insert—

(2)

In sub-paragraph (1), “the appropriate office-holder”
means—

(a)

in relation to a member of the First-tier Tribunal
who exercises functions wholly or mainly in
Scotland or Northern Ireland, the Senior President
of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

Senior Courts Act 1981

49

The
Senior Courts Act 1981
is amended as follows.

50

(1)

Section 2
(the Court of Appeal) is amended as follows.

(2)

In
subsection (2)
—

(a)

in
paragraph (c)
, for “(g)” substitute “
(i)
”;

(b)

after
paragraph (h)
insert—

(i)

the Senior President of Tribunals if, at the date of
appointment, the holder of that office was, or was
qualified for appointment as, an ordinary judge of
the Court of Appeal or held an office within
paragraphs (d)
to
(h)
;

.

(3)

In
subsection (6)
, for “or Chancellor of the High Court” substitute “,
Chancellor of the High Court or Senior President of Tribunals”.

51

In
section 9
(assistance for transaction of judicial business)—

(a)

in subsection (1), in the Table (judges deployable to certain courts),
in column 1 of entry 4A (the Senior President of Tribunals), after
“Senior President of Tribunals” insert “, if not an ex-officio judge
of the Court of Appeal”;

(b)

omit subsection (1ZA).

52

In
section 11
(tenure of office of judges of Senior Courts), in
subsection (4)
, for “(g)” substitute “
(i)
”.

53

In
section 13
(precedence of judges of Senior Courts when sitting in Court
of Appeal)—

(a)

after
subsection (3)
insert—

(3A)

The Senior President of Tribunals (if an ex-officio judge of
the Court of Appeal) shall rank next after the Chancellor of
the High Court.

;

(b)

in
subsection (4)
, after “after” insert “the Senior President of
Tribunals or, if the Senior President of Tribunals is not an ex-officio
judge of the Court of Appeal,”.

Mental Health Act 1983

54

In
Schedule 2
to the
Mental Health Act 1983
(Mental Health Review
Tribunal for Wales), in
paragraph 5
(which provides for certain members
of the First-tier Tribunal to act as members of the tribunal)—

(a)

in
sub-paragraph (1)
, for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(b)

after
sub-paragraph (1)
insert—

(1ZA)

In
sub-paragraph (1)
, “the appropriate office-holder”
means—

(a)

in relation to a member of the First-tier Tribunal
who exercises functions wholly or mainly in
Scotland or Northern Ireland, the Senior President
of Tribunals;

(b)

in any other case, the Lord Chief Justice of England
and Wales.

Landlord and Tenant Act 1987

55

In
section 33
of the
Landlord and Tenant Act 1987
(acquisition order where
landlord cannot be found)—

(a)

in
subsection (2)
(a)
, for “the Senior President of Tribunals” substitute
“the Lord Chief Justice of England and Wales”;

(b)

after
subsection (3)
insert—

(4)

Section 7A of the Tribunals, Courts and Enforcement Act
2007 (Lord Chief Justice: power to delegate) applies to the
function of the Lord Chief Justice under
subsection (2)
(a)

as
it applies to a relevant tribunal function within the meaning
of that section.

Local Government Finance Act 1988

56

In
Part 1
of
Schedule 11
to the
Local Government Finance Act 1988
(the
Valuation Tribunal for England), in
paragraph A18A
(power for member
of First-tier Tribunal to act as member of the Tribunal)—

(a)

in sub-paragraph (2)(a), for “the Senior President of Tribunals”
substitute “the appropriate office-holder”;

(b)

in sub-paragraph (9), after paragraph (a) insert—

(aa)

“the appropriate office-holder” means—

(i)

in relation to an FTT member who exercises
functions wholly or mainly in Scotland or
Northern Ireland, the Senior President of
Tribunals, and

(ii)

in any other case, the Lord Chief Justice of
England and Wales, and

.

Social Security Act 1998

57

(1)

Section 15A
of the
Social Security Act 1998
(functions of Senior President
of Tribunals) is amended as follows.

(2)

For the heading substitute “Confidentiality in the First-tier Tribunal”.

(3)

In subsection (1), for “The Senior President of Tribunals” substitute “The
appropriate office-holder”.

(4)

After subsection (1) insert—

(1A)

In subsection (1), “the appropriate office-holder” means—

(a)

in relation to the First-tier Tribunal in England and Wales,
the Lord Chief Justice of England and Wales;

(b)

in relation to the First-tier Tribunal in Scotland or Northern
Ireland, the Senior President of Tribunals.

Courts Act 2003

58

(1)

In the
Courts Act 2003
,
section 64
(power of Lord Chancellor to alter judicial
titles) is amended as follows.

(2)

In
subsection (2)
, at the appropriate place insert—

(a)

“Deputy Head of Tribunals Justice”;

(b)

“Head of Tribunals Justice”.

(3)

In
subsection (4)
—

(a)

omit the “and” at the end of
paragraph (c)
;

(b)

at the end of
paragraph (d)
insert
, and

(e)

the Senior President of Tribunals.

Crime and Courts Act 2013

59

The
Crime and Courts Act 2013
is amended as follows.

60

In
section 21
(deployment of the judiciary), omit
subsections (1)
to
(3)
.

61

In
Schedule 13
(judicial appointments), omit the following provisions (which
insert into the
Tribunals, Courts and Enforcement Act 2007
provision
repealed by this Act)—

(a)

paragraph 30
(3)
;

(b)

paragraph 43
;

(c)

paragraph 44
(2)
;

(d)

paragraph 45
(2)
and
(4)
;

(e)

paragraph 46
(2)
and
(6)
;

(f)

paragraph 47
(4)
to
(6)
,
(8)
,
(9)
,
(11)
and
(12)
.

62

In
Schedule 14
(deployment of the judiciary), in
paragraph 12
, omit
sub-paragraph (2) (which inserts into the
Employment Tribunals Act 1996
provision repealed by this Act).

Wales Act 2017

63

(1)

Section 63
of the
Wales Act 2017
(cross-deployment of tribunal members
and judges) is amended as follows.

(2)

In
subsection (1)
, for the words from “if” to the end substitute “—

(a)

in England and Wales, if the Lord Chief Justice of England
and Wales asks the member to do so and the President of
Welsh Tribunals agrees to the request being made;

(b)

in Scotland or Northern Ireland, if the Senior President of
Tribunals asks the member to do so and the President of
Welsh Tribunals agrees to the request being made.

(3)

In
subsection (2)
, in the words after
paragraph (b)
, for “the Senior President
of Tribunals” substitute “the appropriate office-holder”.

(4)

After
subsection (2)
insert—

(2A)

In subsection (2), “the appropriate office-holder” means—

(a)

where the tribunal member exercises functions wholly or
mainly in Scotland or Northern Ireland, the Senior President
of Tribunals;

(b)

in any other case, the Lord Chief Justice of England and
Wales.

Courts and Tribunals (Judiciary and Functions of Staff) Act 2018

64

In
the Schedule
to the
Courts and Tribunals (Judiciary and Functions of
Staff) Act 2018
(authorised court and tribunal staff: legal advice and judicial
functions), omit
paragraph 40
(which inserts into the
Tribunals, Courts and
Enforcement Act 2007
provision repealed by this Act).

Public Service Pensions and Judicial Offices Act 2022

65

The
Public Service Pensions and Judicial Offices Act 2022
is amended as
follows.

66

In
section 124
(appointment to sitting in retirement offices)—

(a)

in
subsection (2)
, after
paragraph (b)
insert—

(ba)

where the corresponding original office is listed in
Part 2A
of
Schedule 3
—

(i)

the Senior President of Tribunals, if it is
intended that the person to be appointed will
exercise the functions of the sitting in
retirement office wholly or mainly in Scotland
or Northern Ireland;

(ii)

the Lord Chief Justice, in any other case.

;

(b)

in subsection (4), after paragraph (b) insert—

(ba)

where the corresponding original office is listed in
Part 2A
of
Schedule 3
, the Lord Chancellor with the
concurrence of the Lord Chief Justice and the Senior
President of Tribunals;

.

67

(1)

Schedule 3
(judicial offices) is amended as follows.

(2)

In
Part 1
(Lord Chief Justice as appointing authority for corresponding
sitting in retirement office), at the appropriate place insert—

Employment Judge (England and Wales)

.

(3)

In
Part 2
(Senior President of Tribunals as appointing authority for
corresponding sitting in retirement office), omit the following entries—

(a)

“Deputy Judge of the Upper Tribunal”;

(b)

“Employment Judge (England and Wales)”;

(c)

“Judge of the First-tier Tribunal”;

(d)

“Judge of the Upper Tribunal”;

(e)

“Non-judicial Member of the First-tier Tribunal”;

(f)

“Non-judicial Member of the Upper Tribunal”.

(4)

After
Part 2
insert the following new Part—

Part 2A

Lord Chief Justice or Senior President of Tribunals as appointing
authority for corresponding sitting in retirement office

Deputy Judge of the Upper Tribunal

Judge of the First-tier Tribunal

Judge of the Upper Tribunal

Non-judicial Member of the First-tier Tribunal

Non-judicial Member of the Upper Tribunal

.

Judicial Review and Courts Act 2022

68

The
Judicial Review and Courts Act 2022
is amended as follows.

69

(1)

Section 32
(judicial agreement to certain regulations) is amended as follows.

(2)

In
subsection (1)
(a)
—

(a)

omit the “or” at the end of
sub-paragraph (i)
;

(b)

at the end of
sub-paragraph (ii)
insert
, or

(iii)

relevant tribunal proceedings in England and
Wales;

.

(3)

In
subsection (1)
(b)
—

(a)

in
sub-paragraph (i)
, after “First-tier Tribunal” insert “in Scotland
or Northern Ireland”;

(b)

in
sub-paragraph (ii)
, after “Upper Tribunal” insert “in Scotland or
Northern Ireland”;

(c)

in
sub-paragraph (iii)
, after “employment tribunals” insert “in
Scotland”;

(d)

in
sub-paragraph (iv)
, after “Employment Appeal Tribunal” insert
“in Scotland”.

(4)

After
subsection (2)
insert—

(3)

In this section, “relevant tribunal proceedings” means proceedings
in—

(a)

the First-tier Tribunal,

(b)

the Upper Tribunal,

(c)

employment tribunals, or

(d)

the Employment Appeal Tribunal.

70

(1)

Schedule 3
(practice directions for online proceedings) is amended as
follows.

(2)

In
Part 2
(proceedings in the First-tier Tribunal and Upper Tribunal), in
paragraph 7
(giving practice directions)—

(a)

in
sub-paragraph (1)
, for “The Senior President of Tribunals”
substitute “The Lord Chief Justice and the Senior President of
Tribunals, acting jointly,”;

(b)

after
sub-paragraph (1)
insert—

(1A)

The Lord Chief Justice may give practice directions under
paragraph 5 in relation to proceedings in a Chamber of
the First-tier Tribunal or Upper Tribunal whose business
involves only the application of the law of England and
Wales.

(1B)

The Senior President of Tribunals may give practice
directions under paragraph 5 in relation to proceedings
in a Chamber of the First-tier Tribunal or Upper Tribunal
whose business involves only the application of the law
of Scotland or Northern Ireland.

;

(c)

in
sub-paragraph (2)
, for “The Senior President may not give practice
directions” substitute “Practice directions may not be given under
sub-paragraph (1), (1A) or (1B)”;

(d)

in
sub-paragraph (4)
—

(i)

omit the “and” at the end of
paragraph (a)
;

(ii)

after
paragraph (a)
insert—

(aa)

the Lord Chief Justice, if the business of the
Chamber to which the directions relate
involves the application of the law of England
and Wales, and

;

(iii)

in
paragraph (b)
, after “Tribunals” insert “, if the business
of the Chamber to which the directions relate involves the
application of the law of Scotland or Northern Ireland”;

(e)

in
sub-paragraph (6)
—

(i)

for “the approval of the Senior President of Tribunals if”
substitute “any approval”;

(ii)

for “sub-paragraph (4)(b)” insert “sub-paragraph (4)
(aa)
or
(b)”.

(3)

In
Part 3
(proceedings in employment tribunals and the Employment Appeal
Tribunal), in
paragraph 11
(giving practice directions)—

(a)

in
sub-paragraph (1)
—

(i)

for “The Senior President of Tribunals” substitute “The Lord
Chief Justice and the Senior President of Tribunals, acting
jointly,”;

(ii)

for “any proceedings” substitute “proceedings in the
Employment Appeal Tribunal”;

(b)

after
sub-paragraph (1)
insert—

(1A)

The Lord Chief Justice may give practice directions under
paragraph 9 in relation to proceedings in employment
tribunals in England and Wales.

(1B)

The Senior President of Tribunals may give practice
directions under paragraph 9 in relation to proceedings
in employment tribunals in Scotland.

;

(c)

in
sub-paragraph (2)
, for “The Senior President may not give practice
directions” substitute “Practice directions may not be given under
sub-paragraph (1),
(1A)
or
(1B)
”;

(d)

in
sub-paragraph (5)
, for the words from “of—” to the end substitute
“of the Lord Chancellor”;

(e)

after
sub-paragraph (5)
insert—

(5A)

The President of the Employment Appeal Tribunal may
not give practice directions without the approval of—

(a)

the Lord Chief Justice, and

(b)

the Senior President of Tribunals.

(5B)

The President of Employment Tribunals (England and
Wales) may not give practice directions without the
approval of the Lord Chief Justice.

(5C)

The President of Employment Tribunals (Scotland) may
not give practice directions without the approval of the
Senior President of Tribunals.

;

(f)

in
sub-paragraph (6)
, for “sub-paragraph (5)(a)” substitute
“sub-paragraph (5)”;

(g)

in
sub-paragraph (7)
—

(i)

for “sub-paragraph (5)(a)” substitute “sub-paragraph (5)”;

(ii)

for “the approval of the Senior President of Tribunals if”
substitute “any approval”;

(iii)

for “sub-paragraph (5)(b)” substitute “sub-paragraph
(5A)
,
(5B)
or
(5C)
”.

71

In
Schedule 5
(employment tribunal procedure rules: further provision)—

(a)

in
paragraph 3
, omit sub-paragraphs (3) and (6) (which insert into
the
Employment Tribunals Act 1996
provision repealed by this Act);

(b)

omit
paragraph 28
(which inserts into the
Tribunals, Courts and
Enforcement Act 2007
provision repealed by this Act).

[
]

Presented by

supported by

the Prime Minister
,
,
,
,
,
,
and

Ordered, by The
, to be Printed,

23rd April 2026
.

© Parliamentary copyright House of Commons

This publication may be reproduced under the terms of the Open Parliament Licence, which is published at
www.parliament.uk/site-information/copyright

Published by the authority of the House of Commons