Courts and Tribunals Bill
Summary
What this is
Government Bill making structural reform of criminal courts in England and Wales (removing the right to elect Crown Court trial for either-way offences; introducing trial by judge alone for non-jury Crown Court cases including a new Bench Division for offences likely to attract ≤3 years' custody; raising magistrates' sentencing powers; reforming sexual history and bad character evidence rules and special measures), reforming tribunal leadership by re-titling the LCJ as President of the Courts and Tribunals of England and Wales and creating a Deputy Head of Tribunals Justice, and repealing the s.1 Children Act 1989 presumption of parental involvement.
Why it matters
The Bill implements the structural recommendations of Sir Brian Leveson's independent review of criminal courts as the Government's principal lever to reduce the record Crown Court backlog, while simultaneously repealing a 12-year-old family-law presumption following the MoJ's October 2025 review — meaning practitioners across criminal, family and tribunal practice are all affected by a single vehicle.
Current status
Introduced 25 February 2026; Second Reading 10 March 2026; twelve Public Bill Committee sittings concluded 28 April 2026; Bill reprinted as Bill 422 as amended in committee and the lifecycle has moved to Report stage with Notices of Amendments tabled on 29 April 2026.
What changed recently
- 29 Apr 2026 — Report stage Notices of Amendments published (Bill 422), confirming progression from committee to Report. →
- 28 Apr 2026 — Bill reprinted as amended in Public Bill Committee; eleventh and twelfth sittings completed and proceedings closed. →
- 21 Apr 2026 — Victims' Commissioner correspondence to Bill Committee Chair Sir John Hayes raising concerns, plus response from Chairman of Ways and Means. →
- 20 Mar 2026 — Tribunal Procedure Committee opened consultation on Upper Tribunal (Immigration and Asylum Chamber) judicial review rules — adjacent to the Bill's tribunal-leadership reforms. →
- 19 Mar 2026 — Oral question session probed whether the Attorney General had advised the Lord Chancellor on the Bill's rule-of-law impact, signalling Opposition focus on the jury-trial removal. →
Key documents
Framework
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Courts and Tribunals Bill 422 (as amended in Public Bill Committee, 28 April 2026)
Operative text after Commons committee scrutiny: Part 1 criminal courts (removal of right to elect, judge-alone trial allocation, magistrates' powers, sexual offences evidence, special measures); Part 2 Children Act s.1 repeal, tribunal leadership, lay justices' allowances, Central Criminal Court provision; Part 3 final provisions.
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Courts and Tribunals Bill — First Reading text (Bill 389)
Original Bill as introduced on 25 February 2026 by David Lammy MP, Lord Chancellor.
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Report-stage Notices of Amendments (29 April 2026)
First Report-stage amendment paper, marking the lifecycle move out of committee.
Operationalising
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Explanatory Notes (Bill 389 EN)
Clause-by-clause MoJ explanation of operational effect of each Part.
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ECHR Memorandum
Government's Convention compatibility analysis, particularly relevant given the jury-trial removal and Article 6 issues.
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Delegated Powers Memorandum
Justification of regulation-making powers, notably the Sentencing Act 2020 Sch 23 para 14A power to vary magistrates' custodial limit between 6, 12, 18 and 24 months.
Implementation
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Family Court Practice Direction 12J
The principal family court practice direction operating alongside the statutory presumption being repealed by Clause 17.
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The Tribunal Procedure (Amendment) Rules 2025
Tribunal Procedure Committee SI illustrating the active rulemaking stream that the Bill's tribunal-leadership reforms (Clause 18) sit alongside.
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Possible amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008 (judicial review)
TPC consultation opened 20 March 2026 — adjacent procedural reform of the Upper Tribunal.
Scrutiny
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Commons Library briefing CBP-10515: Courts and Tribunals Bill 2024-26
Commons Library reference paper produced for Second Reading.
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Justice Committee call for evidence on the Courts and Tribunals Bill
Departmental select committee's legislative-scrutiny call for evidence opened 27 February 2026.
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Public Bill Committee call for evidence
Press notice inviting written evidence to the Commons Public Bill Committee.
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Supplementary submissions from the Bar Council, Criminal Bar Association and Circuit Leaders (CTB38)
Joint written evidence from senior criminal Bar bodies on the Bill's structural criminal-courts measures.
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Written evidence from London Criminal Courts Solicitors Association (CTB40)
Defence solicitor perspective on removing right to elect and judge-alone trial allocation.
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Written evidence from The Law Society (CTB21)
Law Society response on the criminal-courts reforms.
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Written evidence from JUSTICE (CTB28)
Civil-liberties NGO submission to the Public Bill Committee.
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Supplementary written evidence from Claire Throssell MBE (CTB33)
Domestic abuse campaigner's evidence supporting the Clause 17 repeal of the parental involvement presumption.
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Written evidence from Both Parents Matter (CTB10, with further evidence CTB35 and CTB42)
Father-rights organisation opposing the Clause 17 repeal.
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Letter from Victims' Commissioner to Bill Committee Chair (13 April 2026) and response from Chairman of Ways and Means
Victims' Commissioner intervention to the Bill Committee, with the Chairman of Ways and Means' procedural response.
Evidence
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Non-IRCC Impact Assessment
MoJ impact assessment for measures other than the inquiries / royal commissions block.
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IRCC Impact Assessment
MoJ impact assessment for IRCC measures.
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Review of the Presumption of Parental Involvement – Final Report (MoJ, October 2025)
MoJ's formal review whose findings provided the evidence base for the Clause 17 repeal of Children Act 1989 s.1(2A)-(2B), (6)-(7).
Commentary
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Government moves to protect children from abusive parents through new Courts and Tribunals Bill
MoJ news announcement framing the Clause 17 repeal as a child-protection measure.
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HLWS976: Family Justice — Better Protections for Children (22 October 2025)
Written Lords ministerial statement announcing intention to repeal the presumption of parental involvement when parliamentary time allowed — the policy commitment that became Clause 17.
Consultations
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Legislative scrutiny: Courts and Tribunals Bill
Departmental select committee scrutiny running in parallel with Public Bill Committee scrutiny.
Stakeholders
Sponsoring department 1
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Ministry of Justice
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Sponsoring minister 1
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Mr David Lammy
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Lead committee 3
Witnesses & evidence-givers 12
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Bar Council
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Criminal Bar Association
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Wales and Chester Circuit
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London Criminal Courts Solicitors Association
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The Law Society
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JUSTICE
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Crown Prosecution Service
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Magistrates Association
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Resolve
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Both Parents Matter
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Claire Throssell MBE
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Professor Penney Lewis
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Political commitments
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commitment Ministerial statement
Repeal of the presumption of parental involvement when parliamentary time allows
I am pleased to announce today that the Government will repeal the presumption of parental involvement when Parliamentary time allows.
Why linked: Direct ministerial commitment (HLWS976, 22 October 2025) that crystallised as Clause 17 of the Bill.
Open questions & gaps
Pending in the lifecycle
- Report stage and Third Reading in the Commons (notices of amendments tabled 29 April 2026).
- Lords stages — none yet listed; the Bill will need First Reading, Second Reading, committee, report and Third Reading in the upper House.
- Justice Committee output from its 27 February 2026 legislative-scrutiny call for evidence.
- Use of the Sentencing Act 2020 Sch 23 para 14A regulation-making power: will the SoS exercise the new option to set magistrates' general limit at 18 or 24 months?
- Commencement regulations and the 'specified day' under clauses 3(3) and 4(8) — three-month minimum gap after substantive commencement.
Beyond the corpus
- MISSING Sir Brian Leveson's full independent review report itself. —
- MISSING Government Response to the Review of the Presumption of Parental Involvement. —
- MISSING Lords-stage Library briefing. —
- MISSING Lord Chancellor's section 19(1)(a) HRA statement of compatibility text. —
Confidence gaps
- No Hansard transcripts of the twelve PBC sittings are themselves linked as events on the thread — they appear only as Parliament-search candidates, so the substance of clause-by-clause debate is largely inferred from amendment papers and the list of selected amendments.
- The Bill's interaction with the Sentencing Code commencement architecture (clauses 6 and 23) is technical and the practitioner reading depends on Sentencing Act 2020 cross-references not all reproduced in the Bill text.
Full timeline
1192026
Additional further written evidence submitted by Both Parents Matter (CTB42)
Written evidence submitted by Callum Brunton (CTB41)
Written evidence submitted by the London Criminal Courts Solicitors Association (CTB40)
Written evidence submitted by Wales and Chester Circuit (CTB39)
Written evidence: Supplementary submissions and observations from the Bar Council, Criminal Bar Association and Circuit Leaders (CTB38)
Written evidence submitted by Sir Stephen Mitchell (CTB37)
To ask His Majesty's Government whether they have carried out an assessment of the impact of clause 17 of the Courts and Tribunals Bill on the ongoing implementation of the 2017 and 2019 Farmer Reviews on the importance of maintaining male prisoners' and
Why linked: Lords PQ on impact of Clause 17 on Farmer Review implementation — directly on-thread.
To ask His Majesty's Government whether they have carried out an assessment of the impact of clause 17 of the Courts and Tribunals Bill on the ongoing implementation of the 2017 and 2019 Farmer Reviews on the importance of maintaining …
To ask His Majesty's Government whether there has been an impact assessment of clause 17 of the Courts and Tribunals Bill on fathers in prison who are trying to retain parental responsibility.
Why linked: Lords PQ on whether there has been an impact assessment of Clause 17 on fathers in prison retaining parental responsibility — directly on-thread.
To ask His Majesty's Government whether there has been an impact assessment of clause 17 of the Courts and Tribunals Bill on fathers in prison who are trying to retain parental responsibility.
Written evidence submitted by Fair Hearing (CTB36)
Further written evidence submitted by Both Parents Matter (CTB35)
Further written evidence submitted by the Bar Council (CTB34)
Supplementary written evidence submitted by Claire Throssell MBE (CTB33)
Further written evidence submitted by Tim Crosland, PlanB.Earth (CTB32)
Written evidence submitted by Dale Langley Solicitors (concerning clause 17) (CTB31)
Supplementary written evidence submitted by the Victims' Commissioner for England and Wales (CTB30)
Written evidence submitted by the Crown Prosecution Service (CTB29)
Written evidence submitted by JUSTICE (CTB28)
Written evidence submitted by Aftab Ali (CTB27)
Written evidence submitted by Victim Not Suspect (CTB26)
Written evidence submitted by the London School of Economics (CTB25)
Written evidence submitted by the Bar Council (CTB24)
Written evidence submitted by Professor Penney Lewis, Criminal Law Commissioner, The Law Commission of England and Wales (CTB23)
Written evidence submitted by The Family Services Foundation (CTB22)
Written evidence submitted by The Law Society (CTB21)
Written evidence submitted by Teresa P (CTB20)
Written evidence submitted by Drs Brown, Hart, Clack, McKelvey, Maggie Fay and Ali Rowe (CTB19)
Written evidence submitted by Dr Clive Dolphin (CTB18)
Written evidence submitted by Tim Crosland, PlanB.Earth (CTB17)
Written evidence submitted by Mark Wyschna (CTB16)
Written evidence submitted by the Centre for Policy Research for Men and Boys (CTB15)
Written evidence submitted by His Honour Geoffrey Rivlin KC (CTB14)
Written evidence submitted by an individual who wishes to remain anonymous (CTB13)
Written evidence submitted by Sean Merrifield (CTB12)
Written evidence submitted by David Lambert (CTB11)
Written evidence submitted by Both Parents Matter (CTB10)
Written evidence submitted by Professor Rebecca Helm, Evidence-Based Justice Lab, University of Exeter, School of Law (CTB09)
Written evidence submitted by an individual who wishes to remain anonymous (CTB08)
Written evidence submitted by the Magistrates Association (CTB07)
Written evidence submitted by Warwick Dumas (CTB06)
Written evidence submitted by Arajpreet Kaur (CTB04)
Written evidence submitted by an individual who wishes to remain anonymous (CTB03)
Written evidence submitted by Terence Ewing (CTB02)
Written evidence submitted by Frances Carr (CTB01)
To ask the Secretary of State for Justice, whether judges have been consulted about possible increased personal risks of replacing some jury trials with named judge trials as proposed in the Courts and Tribunals Bill.
Why linked: PQ asking whether judges have been consulted about personal-risk implications of replacing some jury trials with named-judge trials — directly on Clauses 3-4.
To ask the Secretary of State for Justice, whether judges have been consulted about possible increased personal risks of replacing some jury trials with named judge trials as proposed in the Courts and Tribunals Bill.
To ask the Secretary of State for Justice, what offences will be eligible for trial without jury by the Crown Court Bench Division proposal in the Courts and Tribunals Bill.
Why linked: PQ on which offences will be eligible for trial without jury under the Crown Court Bench Division proposal — directly on Clause 3.
To ask the Secretary of State for Justice, what offences will be eligible for trial without jury by the Crown Court Bench Division proposal in the Courts and Tribunals Bill.
To ask the Secretary of State for Justice, what offences will have the right to elect restricted by the Courts and Tribunals Bill.
Why linked: PQ on what offences will have the right to elect restricted by the Bill — directly on Clauses 1-2.
To ask the Secretary of State for Justice, what offences will have the right to elect restricted by the Courts and Tribunals Bill.
To ask the Secretary of State for Justice, what offences will be reclassified by the Courts and Tribunals Bill.
Why linked: PQ asking the Secretary of State for Justice what offences will be reclassified by the Courts and Tribunals Bill — directly on-thread.
To ask the Secretary of State for Justice, what offences will be reclassified by the Courts and Tribunals Bill.
Legislative scrutiny: Courts and Tribunals Bill
Why linked: Justice Committee call for evidence specifically on this Bill (27 February 2026), running parallel to Public Bill Committee scrutiny.
The Justice Committee has issued a call for evidence to inform its scrutiny of the Courts and Tribunals Bill. The Bill was introduced in the House of Commons on 25 February 2026 and is due to have its Second Reading …
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Analyst briefing
Executive summary
The Courts and Tribunals Bill is the Government's principal legislative response to the Crown Court backlog and an opportunistic vehicle for two adjacent reforms: tribunal leadership and the repeal of the Children Act 1989 presumption of parental involvement. Introduced by David Lammy MP, Lord Chancellor, on 25 February 2026 1 and given Second Reading on 10 March 2026 23, it implements the structural recommendations of Sir Brian Leveson's independent review of criminal courts as set out in the MoJ factsheet. After twelve Public Bill Committee sittings between 25 March and 28 April 2026 45, the Bill has been reprinted as Bill 422 as amended in committee and Report-stage Notices of Amendments were published on 29 April 2026 6, moving the lifecycle out of committee. The Bill is structurally tripartite — criminal-courts reform, tribunal-leadership reform, and Children Act repeal — and engages criminal, family and tribunal practitioners simultaneously.
Current state
The Bill is at the end of Commons Public Bill Committee stage. Bill 422 — the version reprinted on 28 April 2026 as amended in committee 1 — is the operative text. Part 1 removes the defendant's right to elect Crown Court trial in either-way cases (clauses 1-2), creates a general rule that trials on indictment proceed without a jury where the likely sentence is three years or less (clause 3, inserting new Senior Courts Act 1981 ss.74A-74D), recasts the complex/lengthy-case judge-alone power as a new Part 6A of the Criminal Justice Act 2003 (clause 4) with homicide and indictable-only sexual offences excluded, gives the Lord Chancellor a regulation-making power to flex the magistrates' general custodial limit between 6, 12, 18 or 24 months (clause 6, via substituted Sentencing Act 2020 Sch 23 para 14A), and rewrites the rape-shield, false-complaint and special-measures regimes (clauses 8-16). Part 2 repeals the Children Act 1989 s.1 presumption of parental involvement (clause 17) on the back of the MoJ's October 2025 Review of the Presumption of Parental Involvement 2, re-titles the Lord Chief Justice as President of the Courts and Tribunals of England and Wales and creates a Deputy Head of Tribunals Justice (clause 18). Lord Chancellor regulations will set the 'specified day' for the new judge-alone allocation regime, subject to a minimum three-month gap after substantive commencement (clause 3(3)). The ECHR memorandum 3 and Delegated Powers memorandum 4 are on the bill page; impact assessments are split into IRCC and non-IRCC packages 56.
Recent developments
Three threads dominate the last six weeks. First, the Bill cleared Public Bill Committee on 28 April 2026 12, with Report-stage Notices of Amendments tabled the following day 3 — confirming the procedural transition. Second, the Victims' Commissioner intervened formally with the Bill Committee on 13 April 2026 4, generating a response from the Chairman of Ways and Means on 21 April 2026 5, a sequence that signals the Committee is being asked to revisit victim-related amendments at Report. Third, the Conservative Opposition has framed the Bill as a rule-of-law concern: at the 19 March 2026 oral questions session 6, Sir Desmond Swayne (Conservative, New Forest West) and Dr Neil Shastri-Hurst (Conservative, Solihull West and Shirley) probed whether the Attorney General had advised the Lord Chancellor on the Bill's rule-of-law impact — the surfacing of an Article 6 / jury-trial argument that the senior criminal Bar's joint CTB38 submission 7 also supplies. In parallel, the Tribunal Procedure Committee opened a consultation on Upper Tribunal (IAC) judicial review rules on 20 March 2026 8 — adjacent to Clause 18 leadership reforms but procedurally separate.
What to watch
Five reasonably dated milestones structure the next six months. Report stage and Third Reading should follow the 29 April 2026 amendment paper 1, probably in late May or June. Practitioners should watch in particular for amendments responding to the Victims' Commissioner's correspondence 2, Clause 17 amendments from the Both Parents Matter / Resolve / Dale Langley constituency 34567, and any Government-tabled clarifications on the new Senior Courts Act 1981 s.74A 'threshold sentence' machinery. After the Commons, Lords First and Second Reading and the inevitable Lords Library briefing will arrive; the Bill is constitutional-territory legislation (jury trial, family-law presumption, judiciary leadership), so Lords scrutiny will likely be substantive rather than formal. On commencement, clauses 6 (magistrates' sentencing) and 20 (Central Criminal Court naming) come into force automatically two months after Royal Assent (clause 26(2)) 8; clauses 3 and 4 require Lord Chancellor regulations specifying a 'day after the end of the period of three months beginning with the day on which subsection (1) comes into force' (clauses 3(3), 4(8)). The use of the substituted Sentencing Act 2020 Sch 23 para 14A power 8 — will the Lord Chancellor exercise it to push the magistrates' limit to 18 or 24 months early in the lifecycle of the Act? — will be the first post-Royal Assent test of how aggressively the Government uses the new flexibility. Finally, the Justice Committee output from its 27 February 2026 call for evidence is outstanding and could affect Lords amendments.
Risks and uncertainties
The principal substantive risk is the Article 6 / rule-of-law challenge to the new general rule of trial without jury under clauses 3-4: the joint senior-Bar CTB38 submission 1 and JUSTICE's CTB28 evidence 2 are the natural carriers of that argument and the Conservative Opposition has flagged it in oral questions 3. The Clause 17 repeal will face counter-pressure from father-rights groups (Both Parents Matter, multiple submissions 456) and contrary pressure from domestic-abuse campaigners (Claire Throssell MBE CTB33 7); Practice Direction 12J 8 continues to operate underneath but loses its statutory anchor. Inferred from corpus gap: no Hansard transcripts of the twelve Public Bill Committee sittings are themselves linked as events on this thread — they appear only as Parliament-search candidates — so the substance of clause-by-clause debate is not retrievable from event text alone. Inferred from corpus gap: Sir Brian Leveson's full review and the Government Response to the MoJ Review of the Presumption of Parental Involvement are referenced in the corpus but not retrieved, leaving two foundational policy documents below the readable corpus surface.
Doctrinal frame
The Bill is a tripartite vehicle and its doctrinal architecture only makes sense if each Part is read against its own statutory base.
Part 1 (criminal courts) implements Sir Brian Leveson's structural review. It works in three concentric circles. The outer circle compresses the right to elect: clauses 1-2 amend the Magistrates' Courts Act 1980 to remove the defendant's right to elect Crown Court trial and to object to venue. The middle circle re-allocates Crown Court business: new Senior Courts Act 1981 ss.74A-74D create a general rule that trials on indictment are conducted without a jury unless the offence is indictable-only or the likely sentence exceeds three years. The inner circle is the existing fraud-or-complex-case judge-alone power, here recast as a new Part 6A of the Criminal Justice Act 2003 with Schedule 3ZA listing eligible offences and excluding homicide and indictable-only sexual offences. Clause 6 then redraws the magistrates' jurisdictional ceiling through a substituted Sentencing Act 2020 Sch 23 para 14A power to flex the general limit between 6, 12, 18 and 24 months. The factsheet describes the resulting middle tier — a Crown Court Bench Division — although the Bill text creates it functionally rather than by name.
Part 1 also contains a complementary evidential package. Clauses 8-10 rewrite the 'rape shield' (YJCEA 1999 s.41) around a substantial-probative-value test, introduce a new statutory restriction on compensation-claim evidence (new s.43A), and (via amendments to Criminal Justice Act 2003 s.100 and a new s.100A) impose a 'proper evidential basis' precondition before evidence of an allegedly false previous complaint can be put. Clauses 12-16 then reform special measures, expanding screening, supporters, exclusion of the public, and admission of video-recorded cross-examination.
Part 2 contains the two non-criminal reforms. Clause 17 surgically repeals Children Act 1989 s.1(2A)-(2B) and (6)-(7) — the statutory presumption of parental involvement — together with the inserting provision in the Children and Families Act 2014. Practice Direction 12J of the Family Procedure Rules continues to operate but loses the statutory anchor that the presumption supplied. Clause 18 reconfigures tribunal leadership by amending the Constitutional Reform Act 2005 to make the Lord Chief Justice the formal head of England-and-Wales tribunals and creating a Deputy Head of Tribunals Justice; the Senior President of Tribunals continues UK-wide under the Tribunals, Courts and Enforcement Act 2007.
Part 3 contains the standard machinery: a Lord Chancellor consequential-amendments power (clause 21), transitional power (clause 22), the Sentencing Code commencement-statement read-across (clause 23) and a layered extent provision (clause 25) under which the substantive provisions are England-and-Wales only save for the clause 7 Schedule 2 appeals provisions, clause 18(6)-(7) and the final provisions, which extend UK-wide.
The regime sits alongside two adjacent rulemaking streams: Tribunal Procedure Rules (the Tribunal Procedure Committee's March 2026 Upper Tribunal JR consultation; the Tribunal Procedure (Amendment) Rules 2025), and Family Procedure Rules / Practice Direction 12J. Neither needs Bill consent to evolve; the Bill changes the leadership and statutory-presumption architecture above them rather than the rule text itself.
Statutory basis
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Children Act 1989, s.1(2A)-(2B), (6)-(7)
Statutory presumption that involvement of each parent in a child's life will further the child's welfare, applied in private-law child arrangements proceedings.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi… -
Magistrates' Courts Act 1980, ss.17ZA-17ZC, 18, 20, 22, 22A, 23
Mode-of-trial machinery — written indication of plea, defendant's right to elect Crown Court trial in either-way cases, and procedure where summary trial appears more suitable.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi… -
Senior Courts Act 1981, new ss.74A-74D (inserted by clause 3)
General allocation rule for trials on indictment: trial without jury unless an offence is indictable-only or the defendant would be likely to receive a sentence of more than three years. Includes reallocation machinery and procedural safeguards.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi… -
Criminal Justice Act 2003, new Part 6A — ss.42A-42C (inserted by clause 4)
Power to order trial without jury in complex or lengthy cases listed in new Schedule 3ZA, subject to a preparatory hearing having been ordered and to public-interest tests. Homicide offences and indictable-only sexual offences are excluded.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi… -
Sentencing Act 2020, Sch 23 para 14A (substituted by clause 6)
Confers regulation-making power on the Secretary of State to amend the general limit on a magistrates' court's custodial sentencing power for either-way offences by substituting any of 6, 12, 18 or 24 months.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi… -
Youth Justice and Criminal Evidence Act 1999, ss.41-43 (amended), new ss.43A-43C, and Criminal Justice Act 2003 new s.100A (inserted by clauses 8-10)
Reforms the 'rape shield' restrictions on adducing evidence of a complainant's sexual behaviour, restricts evidence about civil compensation claims, and introduces a 'proper evidential basis' test before evidence of an allegedly false previous complaint of a sexual offence can be adduced.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi… -
Constitutional Reform Act 2005, s.7 (amended) and new s.9A; Tribunals, Courts and Enforcement Act 2007, s.3 (amended) (clause 18)
Re-titles the Lord Chief Justice as President of the Courts and Tribunals of England and Wales, extends his/her judiciary headship over First-tier, Upper, Employment and Employment Appeal Tribunals exercising functions wholly or mainly in England and Wales, and creates a Deputy Head of Tribunals Justice appointed from the ordinary judges of the Court of Appeal.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi… -
Senior Courts Act 1981, s.8(3)-(3A) (amended by clause 20)
Restricts the name 'Central Criminal Court' to the Crown Court when sitting at the Old Bailey premises, while allowing the same entitlement to apply if the Crown Court sits at other City of London premises.
Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bi…
Cross-cutting regimes engaged
- Human Rights Act 1998 (Article 6 ECHR — right to fair trial; Article 8 — family life) The general rule of trial without jury in clauses 3-4 engages Article 6 (right to a fair, independent and impartial tribunal) and the published ECHR memorandum is the Government's compatibility statement. The Clause 17 repeal of the parental involvement presumption is also analysed in the same memorandum for Article 8 compatibility.
- Family Procedure Rules and Practice Direction 12J Clause 17 changes the statutory presumption layer above PD12J; the practice direction continues to govern domestic-abuse risk assessment in child arrangements proceedings but the directive layer above it changes.
- Tribunal Procedure Rules (made by the Tribunal Procedure Committee under the Tribunals, Courts and Enforcement Act 2007) Clause 18 changes the leadership architecture above the rules without changing the rules themselves; the TPC continues to operate the rule-making cycle as illustrated by the March 2026 Upper Tribunal JR consultation.
Key concepts
Right to elect
The defendant's existing entitlement, in either-way offences, to insist on trial on indictment at the Crown Court following allocation procedure in the magistrates' court.
General rule for trial without jury
The default position created by new Senior Courts Act 1981 s.74A that trials on indictment are conducted without a jury unless the offence is indictable-only or the likely sentence exceeds three years.
Threshold sentence
A sentence of imprisonment or detention of three years, defined in new s.74C(9).
Excluded offence
For the complex/lengthy-case power under new CJA 2003 s.42A, defined in s.42B as a homicide offence, an indictable-only sexual offence, or an ancillary offence.
Previous false complaint evidence
Evidence of the bad character of a complainant relating to an allegation that the complainant has previously alleged a sexual offence and that the previous allegation was false (new CJA 2003 s.100A(3)).
Presumption of parental involvement
Statutory presumption under Children Act 1989 s.1(2A) that, unless contrary evidence is shown, involvement of each parent in a child's life will further the child's welfare.
President of the Courts and Tribunals of England and Wales
Re-titled office of the Lord Chief Justice under amended Constitutional Reform Act 2005 s.7, formally extending judiciary leadership across tribunals exercising functions wholly or mainly in England and Wales.
Forward look calendar
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Commons Report stage and Third Reading following the 29 April 2026 first Report-stage amendment paper.
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Lords First and Second Reading; expect Lords Library briefing publication.
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Clauses 6 (magistrates' sentencing) and 20 (Central Criminal Court) come into force automatically.
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Lord Chancellor regulations specifying the 'specified day' on which the new judge-alone allocation rules under clauses 3 and 4 begin to bite.
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Tribunal Procedure Committee response on the Upper Tribunal Rules 2008 (judicial review) consultation that opened 20 March 2026 — adjacent to Clause 18 leadership reforms.
Stakeholder positions
Ministry of Justice
Position carrier: the Bill implements Sir Brian Leveson's review to address the record Crown Court backlog while protecting children from abusive parents through repeal of the parental involvement presumption.Oct 2025
Tension with Bar Council, Criminal Bar Association, JUSTICE, Both Parents Matter
Mr David Lammy
As Lord Chancellor he moved the Second Reading on 10 March 2026 and is the named bill sponsor; defends the structural-reform package as the Government's principal response to the criminal-courts backlog.Mar 2026Mar 2026
Tension with Sir Desmond Swayne, Dr Neil Shastri-Hurst
Bar Council
Engaged substantively at PBC stage with written evidence (CTB24, supplementary CTB34) and joined Criminal Bar Association and Circuit Leaders in the supplementary CTB38 submission, indicating organised opposition or critical scrutiny of the structural criminal-courts changes.Apr 2026Apr 2026Apr 2026
Tension with Ministry of Justice
Criminal Bar Association
Co-signed the CTB38 joint senior-Bar submission alongside the Bar Council and Circuit Leaders, signalling Bar-wide concern at the judge-alone / right-to-elect package.Apr 2026
Tension with Ministry of Justice
JUSTICE
Submitted written evidence (CTB28) — JUSTICE's published lines on jury trial and Article 6 underpin its participation; the fact of submission to a major reform of jury allocation is itself a high-salience position.Apr 2026
Tension with Ministry of Justice
Both Parents Matter
Submitted three rounds of written evidence (CTB10, CTB35, CTB42) opposing Clause 17's repeal of the parental involvement presumption.Mar 2026Apr 2026Apr 2026
Tension with Ministry of Justice, Claire Throssell MBE
Claire Throssell MBE
Supplementary written evidence (CTB33) supporting Clause 17 from the perspective of a domestic-abuse campaigner whose advocacy is rooted in the deaths of her children in contact arrangements.Apr 2026
Tension with Both Parents Matter
Sir Desmond Swayne
Tabled the 19 March 2026 oral question framing the Bill as a potential rule-of-law risk and asking whether the Attorney General had advised the Lord Chancellor.Mar 2026
Tension with Mr David Lammy
Dr Neil Shastri-Hurst
Conservative MP and Bill Committee member contributing to the rule-of-law line at the 19 March 2026 oral-question session.Mar 2026
Tension with Mr David Lammy
Magistrates Association
Submitted written evidence (CTB07); as the representative body of lay justices it is the direct stakeholder for clauses 6 (sentencing-power uplift) and 19 (lay justices' allowances) — fact of submission signals substantive engagement with the magistrates'-tier changes.Mar 2026
Sir John Hayes
PBC Chair who routed the Victims' Commissioner's correspondence to the Chairman of Ways and Means, signalling procedural sensitivity to admissibility of late evidence.Apr 2026Apr 2026
Engaged, but no published position in the corpus
- Courts and Tribunals Bill Public Bill Committee —
- Justice Committee —
- Wales and Chester Circuit —
- London Criminal Courts Solicitors Association —
- The Law Society —
- Crown Prosecution Service —
- Resolve —
- Professor Penney Lewis —