Legalize / United Kingdom / Public General Act

Criminal Justice and Courts Act 2015

Type Public General Act

Publication 2015-02-12

Last updated 2026-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where payment enforceable as on summary conviction)—

(a) after paragraph 9 insert—

(9A) Where a court orders the payment of a charge in respect of relevant court costs under section 21A of the Prosecution of Offences Act 1985.

(b) re-number paragraph 13 as paragraph 12A, and

(3) Schedule 12 to this Act makes further provision about the criminal courts charge.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to review criminal courts charge

55

(1) After the end of the initial period, the Lord Chancellor must carry out a review of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by section 54 of this Act).

(2) “The initial period” is the period of 3 years beginning with the day on which section 54(1) comes into force.

(3) If the Lord Chancellor considers it appropriate, having regard to the conclusions reached on the review, the Lord Chancellor must by regulations repeal Part 2A of the Prosecution of Offences Act 1985.

(4) Regulations under this section may include consequential, transitional, transitory and saving provision, including provision amending an Act (whenever passed or made).

(5) Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Collection of fines etc

Variation of collection orders etc

56

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

(2) For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute—

(21) This Part applies if— (a) the court has made a collection order, and (b) the order contains payment terms but does not contain reserve terms.

(3) In paragraph 22 (variation of collection order)—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2), for “P may apply for” substitute “ P may at any time apply to the fines officer under this paragraph for ”,

(d) after sub-paragraph (4) insert—

(4A) The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent.

, and

(e) for sub-paragraph (7) substitute—

(7) The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent.

(4) In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute—

(a) an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order; (b) an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);

(5) In paragraph 31 (variation of reserve terms)—

(a) for sub-paragraph (1) substitute—

(1) P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.

(b) in sub-paragraph (3)(a), omit “in P's favour”, and

(3A) The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.

(6) In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute—

(i) an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order; (ii) an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);

Civil proceedings relating to personal injury

Personal injury claims: cases of fundamental dishonesty

57

(1) This section applies where, in proceedings on a claim for damages in respect of personal injury (“the primary claim”)—

(a) the court finds that the claimant is entitled to damages in respect of the claim, but

(b) on an application by the defendant for the dismissal of the claim under this section, the court is satisfied on the balance of probabilities that the claimant has been fundamentally dishonest in relation to the primary claim or a related claim.

(2) The court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed.

(3) The duty under subsection (2) includes the dismissal of any element of the primary claim in respect of which the claimant has not been dishonest.

(4) The court's order dismissing the claim must record the amount of damages that the court would have awarded to the claimant in respect of the primary claim but for the dismissal of the claim.

(5) When assessing costs in the proceedings, a court which dismisses a claim under this section must deduct the amount recorded in accordance with subsection (4) from the amount which it would otherwise order the claimant to pay in respect of costs incurred by the defendant.

(6) If a claim is dismissed under this section, subsection (7) applies to—

(a) any subsequent criminal proceedings against the claimant in respect of the fundamental dishonesty mentioned in subsection (1)(b), and

(b) any subsequent proceedings for contempt of court against the claimant in respect of that dishonesty.

(7) If the court in those proceedings finds the claimant guilty of an offence or of contempt of court, it must have regard to the dismissal of the primary claim under this section when sentencing the claimant or otherwise disposing of the proceedings.

(8) In this section—

“claim” includes a counter-claim and, accordingly, “claimant” includes a counter-claimant and “defendant” includes a defendant to a counter-claim;

“personal injury” includes any disease and any other impairment of a person's physical or mental condition;

“related claim” means a claim for damages in respect of personal injury which is made—in connection with the same incident or series of incidents in connection with which the primary claim is made, andby a person other than the person who made the primary claim.

(9) This section does not apply to proceedings started by the issue of a claim form before the day on which this section comes into force.

Rules against inducements to make personal injury claims

58

(1) A regulated person is in breach of this section if—

(a) the regulated person offers another person a benefit or is treated as doing so under subsection (4),

(b) the offer of the benefit is an inducement to make a claim in civil proceedings for—

(i) damages for personal injury or death, or

(ii) damages arising out of circumstances involving personal injury or death, and

(2) An offer of a benefit to another person is an inducement to make a claim if the offer of the benefit—

(a) is intended to encourage the person to make a claim or to seek advice from a regulated person with a view to making a claim, or

(b) is likely to have the effect of encouraging the person to do so.

(3) An offer of a benefit may be an inducement to make a claim regardless of—

(a) when or by what means the offer is made,

(b) whether the receipt of the benefit pursuant to the offer is subject to conditions,

(d) whether the benefit may be received by the person to whom the offer is made or by a third party.

(4) If a person other than a regulated person offers a benefit in accordance with arrangements made by or on behalf of a regulated person—

(a) the regulated person is to be treated as offering the benefit, and

(b) the offer of the benefit is to be treated as satisfying subsection (2)(a) if the arrangements were intended to encourage people to make claims or seek advice from a regulated person with a view to making a claim.

(5) The Lord Chancellor may by regulations make provision as to the circumstances in which a benefit is related to the provision of legal services in connection with a claim, including provision about benefits relating to—

(a) fees to be charged in respect of the legal services,

(b) expenses which are or would be necessarily incurred in connection with the claim, or

Effect of rules against inducements

59

(1) The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restriction imposed on regulated persons by section 58.

(2) A regulator may make rules for the purposes of subsection (1).

(3) The rules may in particular provide that, in relation to anything done in breach of that section, the relevant regulator may exercise any powers that the regulator would have in relation to anything done by the regulated person in breach of another restriction (subject to subsection (4)).

(4) A breach of section 58—

(a) does not make a person guilty of an offence, and

(b) does not give rise to a right of action for breach of statutory duty.

(5) Subsection (6) applies in a case where—

(a) a regulated person has offered a benefit to a person or is treated as having done so under section 58(4), and

(b) it appears to the regulator that the offer of the benefit is an inducement to make a claim as mentioned in section 58(1)(b).

(6) Rules under subsection (2) may provide for the offer of the benefit to the person to be treated as an inducement to make a claim as mentioned in section 58(1)(b) unless the regulated person shows—

(a) that the benefit was offered for a reason other than encouraging the person to make a claim or to seek advice from a regulated person with a view to making a claim, or

(b) that the benefit is related to the provision of legal services in connection with the claim (see regulations under section 58(5)).

Inducements: interpretation

60

(1) In relation to an offer of a benefit which is an inducement to make a claim in civil proceedings for damages for personal injury or death or arising out of circumstances involving personal injury or death—

(a) a regulator is any person listed in column 1 below;

(b) a regulated person is any person listed in column 2;

Regulator	Regulated person
The General Council of the Bar	A person authorised by the Council to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
The Chartered Institute of Legal Executives	A person authorised by the Institute to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
The Law Society	A person authorised by the Society to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
A licensing authority for the purposes of Part 5 of the Legal Services Act 2007 (alternative business structures)	A person who is licensed by the authority to carry on a reserved legal activity
A regulatory body specified for the purposes of this section in regulations made by the Lord Chancellor	A person of a description specified for the purposes of this section in regulations made by the Lord Chancellor in relation to the body specified under column 1

(2) For the purposes of this section and sections 58 and 59—

“benefit” means—any benefit, whether or not in money or other property and whether temporary or permanent, andany opportunity to obtain a benefit;

“claim” includes a counter-claim;

“legal services” means services provided by a person which consist of or include legal activities (within the meaning of the Legal Services Act 2007) carried on by or on behalf of that person;

“personal injury” includes any disease and any other impairment of a person's physical or mental condition.

(3) For the purposes of this section and section 59 whether an offer of a benefit is an inducement to make a claim is to be determined in accordance with section 58.

Inducements: regulations

61

(1) This section applies to regulations under section 58 or 60.

(2) The regulations are to be made by statutory instrument.

(3) The regulations may include consequential, supplementary, incidental, transitional, transitory or saving provision.

(4) Regulations under section 58 may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(5) A statutory instrument containing regulations under section 60 is subject to annulment in pursuance of a resolution of either House of Parliament.

Appeals in civil proceedings

Appeals from the Court of Protection

62

(1) Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court of Protection) is amended as follows.

(2) For subsection (2) substitute—

(2) Court of Protection Rules may provide that, where a decision of the court is made by a specified description of person, an appeal from the decision lies to a specified description of judge of the court and not to the Court of Appeal.

(3) Omit subsection (3).

(4) In subsection (4)(d), omit “higher”.

Appeals from the High Court to the Supreme Court

63

(1) Part 2 of the Administration of Justice Act 1969 (appeal from High Court to Supreme Court) is amended as follows.

(2) In section 12 (grant of a certificate by the trial judge enabling an appeal to the Supreme Court), in subsection (1)—

(a) in paragraph (a), after “those proceedings” insert “ or that the conditions in subsection (3A) (“the alternative conditions”) are satisfied in relation to those proceedings ”, and

(b) omit paragraph (c) (requirement that all parties consent to the grant of the certificate) and the “and” before it.

(3) After subsection (3) insert—

(3A) The alternative conditions, in relation to a decision of the judge in any proceedings, are that a point of law of general public importance is involved in the decision and that— (a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter, (b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the judge, a hearing by the Supreme Court is justified, or (c) the judge is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.

(4) In section 16 (application of Part 2 to Northern Ireland), after subsection (1) insert—

(1A) In the application of this Part of this Act to Northern Ireland, section 12 has effect as if— (a) in subsection (1)(a) there were omitted “or that the conditions in subsection (3A) (“the alternative conditions”) are satisfied in relation to those proceedings”; (b) after subsection (1)(b) there were inserted , and (c) that all the parties to the proceedings consent to the grant of a certificate under this section, (c) subsection (3A) were omitted.

Appeals from the Upper Tribunal to the Supreme Court

64

In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—

(14A) (1) If the Upper Tribunal is satisfied that— (a) the conditions in subsection (4) or (5) are fulfilled in relation to the Upper Tribunal's decision in any proceedings, and (b) as regards that decision, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 14B, the Upper Tribunal may grant a certificate to that effect. (2) The Upper Tribunal may grant a certificate under this section only on an application made by a party to the proceedings. (3) The Upper Tribunal may grant a certificate under this section only if the relevant appellate court as regards the proceedings is— (a) the Court of Appeal in England and Wales, or (b) the Court of Appeal in Northern Ireland. (4) The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that point of law is— (a) a point of law that— (i) relates wholly or mainly to the construction of an enactment or statutory instrument, and (ii) has been fully argued in the proceedings and fully considered in the judgment of the Upper Tribunal in the proceedings, or (b) a point of law— (i) in respect of which the Upper Tribunal is bound by a decision of the relevant appellate court or the Supreme Court in previous proceedings, and (ii) that was fully considered in the judgments given by the relevant appellate court or, as the case may be, the Supreme Court in those previous proceedings. (5) The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that— (a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter, (b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Upper Tribunal, a hearing by the Supreme Court is justified, or (c) the Upper Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal. (6) Before the Upper Tribunal decides an application made to it under this section, the Upper Tribunal must specify the court that would be the relevant appellate court if the application were an application for permission (or leave) under section 13. (7) In this section except subsection (6) and in sections 14B and 14C, “the relevant appellate court”, as respects an application, means the court specified as respects that application by the Upper Tribunal under subsection (6). (8) No appeal lies against the grant or refusal of a certificate under subsection (1). (14B) (1) If the Upper Tribunal grants a certificate under section 14A in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court. (2) An application under subsection (1) must be made— (a) within one month from the date on which that certificate is granted, or (b) within such time as the Supreme Court may allow in a particular case. (3) If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal. (4) If permission is granted under this section— (a) no appeal from the decision to which the certificate relates lies to the relevant appellate court, but (b) an appeal lies from that decision to the Supreme Court. (5) An application under subsection (1) is to be determined without a hearing. (6) Subject to subsection (4), no appeal lies to the relevant appellate court from a decision of the Upper Tribunal in respect of which a certificate is granted under section 14A until— (a) the time within which an application can be made under subsection (1) has expired, and (b) where such an application is made, that application has been determined in accordance with this section. (14C) (1) No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment (other than sections 14A and 14B), no appeal would lie from that decision of the Upper Tribunal to the relevant appellate court, with or without the permission (or leave) of the Upper Tribunal or the relevant appellate court. (2) No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the relevant appellate court on that decision of the Upper Tribunal to the Supreme Court, with or without the permission (or leave) of the relevant appellate court or the Supreme Court. (3) Where no appeal would lie to the relevant appellate court from the decision of the Upper Tribunal except with the permission (or leave) of the Upper Tribunal or the relevant appellate court, no certificate may be granted under section 14A in respect of a decision of the Upper Tribunal unless it appears to the Upper Tribunal that it would be a proper case for giving permission (or leave) to appeal to the relevant appellate court. (4) No certificate may be granted under section 14A in respect of a decision or order of the Upper Tribunal made by it in the exercise of its jurisdiction to punish for contempt.

Appeals from the Employment Appeal Tribunal to the Supreme Court

65

In the Employment Tribunals Act 1996, after section 37 insert—

(37ZA) (1) If the Appeal Tribunal is satisfied that— (a) the conditions in subsection (4) or (5) are fulfilled in relation to the Appeal Tribunal's decision or order in any proceedings, and (b) as regards that decision or order, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 37ZB, the Appeal Tribunal may grant a certificate to that effect. (2) The Appeal Tribunal may grant a certificate under this section only on an application made by a party to the proceedings. (3) The Appeal Tribunal may not grant a certificate under this section in the case of proceedings in Scotland. (4) The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that point of law is— (a) a point of law that— (i) relates wholly or mainly to the construction of an enactment or statutory instrument, and (ii) has been fully argued in the proceedings and fully considered in the judgment of the Appeal Tribunal in the proceedings, or (b) a point of law— (i) in respect of which the Appeal Tribunal is bound by a decision of the Court of Appeal or the Supreme Court in previous proceedings, and (ii) that was fully considered in the judgments given by the Court of Appeal or, as the case may be, the Supreme Court in those previous proceedings. (5) The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that— (a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter, (b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Appeal Tribunal, a hearing by the Supreme Court is justified, or (c) the Appeal Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal. (6) No appeal lies against the grant or refusal of a certificate under subsection (1). (37ZB) (1) If the Appeal Tribunal grants a certificate under section 37ZA in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court. (2) An application under subsection (1) must be made— (a) within one month from the date on which the certificate is granted, or (b) within such time as the Supreme Court may allow in a particular case. (3) If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal. (4) If permission is granted under this section— (a) no appeal from the decision or order to which the certificate relates lies to the Court of Appeal, but (b) an appeal lies from that decision or order to the Supreme Court. (5) An application under subsection (1) is to be determined without a hearing. (6) Subject to subsection (4), no appeal lies to the Court of Appeal from a decision or order of the Appeal Tribunal in respect of which a certificate is granted under section 37ZA until— (a) the time within which an application can be made under subsection (1) has expired, and (b) where such an application is made, that application has been determined in accordance with this section. (37ZC) (1) No certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal in any proceedings where, by virtue of any enactment (other than sections 37ZA and 37ZB), no appeal would lie from that decision or order of the Appeal Tribunal to the Court of Appeal, with or without the leave or permission of the Appeal Tribunal or the Court of Appeal. (2) No certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the Court of Appeal on that decision or order of the Appeal Tribunal to the Supreme Court, with or without the leave or permission of the Court of Appeal or the Supreme Court. (3) Where no appeal would lie to the Court of Appeal from the decision or order of the Appeal Tribunal except with the leave or permission of the Appeal Tribunal or the Court of Appeal, no certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal unless it appears to the Appeal Tribunal that it would be a proper case for granting leave or permission to appeal to the Court of Appeal. (4) No certificate may be granted under section 37ZA where the decision or order of the Appeal Tribunal is made in the exercise of its jurisdiction to punish for contempt.

Appeals from the Special Immigration Appeals Commission to the Supreme Court

66

(1) The Special Immigration Appeals Commission Act 1997 is amended as follows.

(2) Before section 8 insert—

(7B) (1) If the Special Immigration Appeals Commission is satisfied that— (a) the conditions in subsection (4) or (5) are fulfilled in relation to a final determination to which section 7(1) or (1A) applies, and (b) in respect of that final determination, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 7C, the Commission may grant a certificate to that effect. (2) The Commission may grant a certificate under this section only on an application made by a party to the appeal or review to which the final determination relates. (3) The Commission may not grant a certificate under this section if the final determination is made by the Commission in Scotland. (4) The conditions in this subsection are that a point of law of general public importance is involved in the final determination and that point of law is— (a) a point of law that— (i) relates wholly or mainly to the construction of an enactment or statutory instrument, and (ii) has been fully argued in the proceedings on the appeal or review to which the final determination relates and fully considered in the judgment of the Commission, or (b) a point of law— (i) in respect of which the Commission is bound by a decision of the appropriate appeal court or the Supreme Court in previous proceedings, and (ii) that was fully considered in the judgments given by the appropriate appeal court or, as the case may be, the Supreme Court in those previous proceedings. (5) The conditions in this subsection are that a point of law of general public importance is involved in the final determination and that— (a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter, (b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Commission, a hearing by the Supreme Court is justified, or (c) the Commission is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal. (6) No appeal lies against the grant or refusal of a certificate under subsection (1). (7C) (1) If the Special Immigration Appeals Commission grants a certificate under section 7B in relation to a final determination, a party to the appeal or review to which the final determination relates may apply to the Supreme Court for permission to appeal directly to the Supreme Court. (2) An application under subsection (1) must be made— (a) within one month from the date on which that certificate is granted, or (b) within such time as the Supreme Court may allow in a particular case. (3) If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal. (4) If permission is granted under this section— (a) no appeal from the final determination to which the certificate relates lies to the appropriate appeal court, but (b) an appeal lies from that determination to the Supreme Court. (5) An application under subsection (1) is to be determined without a hearing. (6) Subject to subsection (4), no appeal lies to the appropriate appeal court from a final determination of the Commission in respect of which a certificate is granted under section 7B until— (a) the time within which an application can be made under subsection (1) has expired, and (b) where such an application is made, that application has been determined in accordance with this section. (7D) (1) No certificate may be granted under section 7B in respect of a final determination of the Special Immigration Appeals Commission where, by virtue of any enactment (other than sections 7B and 7C), no appeal would lie from that decision of the Commission to the appropriate appeal court, with or without the leave or permission of the Commission or the appropriate appeal court. (2) No certificate may be granted under section 7B in respect of a final determination of the Commission where, by virtue of any enactment, no appeal would lie from a decision of the appropriate appeal court on that determination of the Commission to the Supreme Court, with or without the permission or leave of the appropriate appeal court or the Supreme Court. (3) Where no appeal would lie to the appropriate appeal court from a final determination of the Commission except with the leave or permission of the Commission or the appropriate appeal court, no certificate may be granted under section 7B in respect of a final determination unless it appears to the Commission that it would be a proper case for granting leave to appeal to the appropriate appeal court. (4) No certificate may be granted under section 7B in respect of a decision or order of the Commission made by it in the exercise of its jurisdiction to punish for contempt.

(3) In section 1(4) (challenges to decisions of the Commission), after “section 7” insert “ and sections 7B to 7D ”.

(4) In section 7(3) (appeals from the Commission: definition of “the appropriate appeal court”), after “In this section” insert “ and sections 7B to 7D ”.

(5) In section 8 (procedure on applications for leave to appeal)—

(a) in subsection (1), at the end insert “ or for the grant of a certificate under section 7B ”, and

(b) in subsection (2), omit “for leave to appeal”.

(6) In the heading of section 8, after “leave to appeal” insert “ etc ”.

Costs in civil proceedings

Wasted costs in certain civil proceedings

67

(1) Section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal, High Court, family court and county court) is amended as follows.

(2) After subsection (7) (wasted costs) insert—

(7A) Where the court exercises a power under subsection (6) in relation to costs incurred by a party, it must inform such of the following as it considers appropriate— (a) an approved regulator; (b) the Director of Legal Aid Casework.

(3) After subsection (12) insert—

(12A) In subsection (7A)— - “approved regulator” has the meaning given by section 20 of the Legal Services Act 2007; - “the Director of Legal Aid Casework” means the civil servant designated under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Juries and members of the Court Martial

Upper age limit for jury service to be 75

68

(1) The Juries Act 1974 is amended as follows.

(2) In section 1(1)(a) (qualification for jury service), for the words from “and” to the end substitute “ and aged eighteen or over but under seventy six ”.

(3) In section 3(1) (electoral register as basis of jury selection), for “less than eighteen or more than seventy years of age” substitute

— (a) aged under eighteen, or (b) aged seventy six or over

Jurors and electronic communications devices

69

In the Juries Act 1974, after section 15 insert—

(15A) (1) A judge dealing with an issue may order the members of a jury trying the issue to surrender any electronic communications devices for a period. (2) An order may be made only if the judge considers that— (a) the order is necessary or expedient in the interests of justice, and (b) the terms of the order are a proportionate means of safeguarding those interests. (3) An order may only specify a period during which the members of the jury are— (a) in the building in which the trial is being heard, (b) in other accommodation provided at the judge's request, (c) visiting a place in accordance with arrangements made by the court, or (d) travelling to or from a place mentioned in paragraph (b) or (c). (4) An order may be made subject to exceptions. (5) It is a contempt of court for a member of a jury to fail to surrender an electronic communications device in accordance with an order under this section. (6) Proceedings for a contempt of court under this section may only be instituted on the motion of a court having jurisdiction to deal with it. (7) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).

Jurors and electronic communications devices: powers of search etc

70

(1) Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

(2) After section 54 insert—

(54A) (1) This section applies where an order has been made under section 15A of the Juries Act 1974 (surrender of electronic communications devices by jurors) in respect of the members of a jury. (2) A court security officer acting in the execution of the officer's duty must, if ordered to do so by a judge, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order. (3) Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear. (4) If the search reveals a device which is required by the order to be surrendered— (a) the officer must ask the juror to surrender the device, and (b) if the juror refuses to do so, the officer may seize it. (5) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).

(3) In section 55 (powers to retain articles surrendered or seized)—

(a) after subsection (1) insert—

(1A) Subject to subsection (2), a court security officer may retain an article which was— (a) surrendered in response to a request under section 54A(4)(a), or (b) seized under section 54A(4)(b), until the end of the period specified in the relevant order under section 15A of the Juries Act 1974.

, and

(b) in subsection (2), for paragraph (a) substitute—

(a) the time specified in subsection (1) or (1A) (as appropriate), or

(4) In section 56(1)(a) (regulations about retention of articles)—

(a) in sub-paragraph (i), after “54(1)” insert “ or 54A(4)(a) ”, and

(b) in sub-paragraph (ii), after “54(2)” insert “ or 54A(4)(b) ”.

Research by jurors

71

(1) The Juries Act 1974 is amended as follows.

(2) For the heading of section 20 substitute “ Offences: failure to attend, serving while disqualified etc ”.

(3) After section 20 insert—

(20A) (1) It is an offence for a member of a jury that tries an issue in a case before a court to research the case during the trial period, subject to the exceptions in subsections (6) and (7). (2) A person researches a case if (and only if) the person— (a) intentionally seeks information, and (b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the case. (3) The ways in which a person may seek information include— (a) asking a question, (b) searching an electronic database, including by means of the internet, (c) visiting or inspecting a place or object, (d) conducting an experiment, and (e) asking another person to seek the information. (4) Information relevant to the case includes information about— (a) a person involved in events relevant to the case, (b) the judge dealing with the issue, (c) any other person involved in the trial, whether as a lawyer, a witness or otherwise, (d) the law relating to the case, (e) the law of evidence, and (f) court procedure. (5) “The trial period”, in relation to a member of a jury that tries an issue, is the period— (a) beginning when the person is sworn to try the issue, and (b) ending when the judge discharges the jury or, if earlier, when the judge discharges the person. (6) It is not an offence under this section for a person to seek information if the person needs the information for a reason which is not connected with the case. (7) It is not an offence under this section for a person— (a) to attend proceedings before the court on the issue; (b) to seek information from the judge dealing with the issue; (c) to do anything which the judge dealing with the issue directs or authorises the person to do; (d) to seek information from another member of the jury, unless the person knows or ought reasonably to know that the other member of the jury contravened this section in the process of obtaining the information; (e) to do anything else which is reasonably necessary in order for the jury to try the issue. (8) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (9) Proceedings for an offence under this section may only be instituted by or with the consent of the Attorney General.

72

In the Juries Act 1974, after section 20A insert—

(20B) (1) It is an offence for a member of a jury that tries an issue in a case before a court intentionally to disclose information to another member of the jury during the trial period if— (a) the member contravened section 20A in the process of obtaining the information, and (b) the information has not been provided by the court. (2) Information has been provided by the court if (and only if) it has been provided as part of— (a) evidence presented in the proceedings on the issue, or (b) other information provided to the jury or a juror during the trial period by, or with the permission of, the judge dealing with the issue. (3) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (4) Proceedings for an offence under this section may not be instituted except by or with the consent of the Attorney General. (5) In this section, “the trial period” has the same meaning as in section 20A.

Jurors engaging in other prohibited conduct

73

In the Juries Act 1974, after section 20B insert—

(20C) (1) It is an offence for a member of a jury that tries an issue in a case before a court intentionally to engage in prohibited conduct during the trial period, subject to the exceptions in subsections (4) and (5). (2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to try the issue otherwise than on the basis of the evidence presented in the proceedings on the issue. (3) An offence under this section is committed whether or not the person knows that the conduct is prohibited conduct. (4) It is not an offence under this section for a member of the jury to research the case (as defined in section 20A(2) to (4)). (5) It is not an offence under this section for a member of the jury to disclose information to another member of the jury. (6) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (7) Proceedings for an offence under this section may not be instituted except by or with the consent of the Attorney General. (8) In this section, “the trial period” has the same meaning as in section 20A.

Disclosing jury’s deliberations

74

(1) In the Juries Act 1974, after section 20C insert—

(20D) (1) It is an offence for a person intentionally— (a) to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in proceedings before a court, or (b) to solicit or obtain such information, subject to the exceptions in sections 20E to 20G. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (3) Proceedings for an offence under this section may not be instituted except by or with the consent of the Attorney General. (20E) (1) It is not an offence under section 20D for a person to disclose information in the proceedings mentioned in section 20D(1) for the purposes of enabling the jury to arrive at their verdict or in connection with the delivery of that verdict. (2) It is not an offence under section 20D for the judge dealing with those proceedings to disclose information— (a) for the purposes of dealing with the case, or (b) for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a juror in the proceedings mentioned in section 20D(1). (3) It is not an offence under section 20D for a person who reasonably believes that a disclosure described in subsection (2)(b) has been made to disclose information for the purposes of the investigation. (4) It is not an offence under section 20D to publish information disclosed as described in subsection (1) or (2)(a) in the proceedings mentioned in section 20D(1). (5) In this section— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force; 2. the Attorney General; 3. any other person or class of person specified by the Lord Chancellor for the purposes of this section by regulations made by statutory instrument. (6) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this section. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (20F) (1) It is not an offence under section 20D for a person to disclose information to a person listed in subsection (2) if— (a) the disclosure is made after the jury in the proceedings mentioned in section 20D(1) has been discharged, and (b) the person making the disclosure reasonably believes that— (i) an offence or contempt of court has been, or may have been, committed by or in relation to a juror in connection with those proceedings, or (ii) conduct of a juror in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (2) Those persons are— (a) a member of a police force; (b) a judge of the Court of Appeal; (c) the registrar of criminal appeals; (d) a judge of the court where the proceedings mentioned in section 20D(1) took place; (e) a member of staff of that court who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (d). (3) It is not an offence under section 20D for a member of a police force to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to a judge of the Court of Appeal or the registrar of criminal appeals, provided that the disclosure does not involve publishing the information. (4) It is not an offence under section 20D for a judge of the Court of Appeal or the registrar of criminal appeals to disclose information for the purposes of an investigation by a relevant investigator into— (a) whether an offence or contempt of court has been committed by or in relation to a juror in connection with the proceedings mentioned in section 20D(1), or (b) whether conduct of a juror in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (5) It is not an offence under section 20D for a judge of the Court of Appeal or the registrar of criminal appeals to disclose information for the purposes of enabling or assisting— (a) a person who was the defendant in the proceedings mentioned in section 20D(1), or (b) a legal representative of such a person, to consider whether conduct of a juror in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (6) It is not an offence under section 20D for a person who reasonably believes that a disclosure described in subsection (4) or (5) has been made to disclose information for the purposes of the investigation or consideration in question. (7) It is not an offence under section 20D for a person to disclose information in evidence in— (a) proceedings for an offence or contempt of court alleged to have been committed by or in relation to a juror in connection with the proceedings mentioned in section 20D(1), (b) proceedings on an appeal, or an application for leave to appeal, against a decision in the proceedings mentioned in section 20D(1) where an allegation relating to conduct of or in relation to a juror forms part of the grounds of appeal, or (c) proceedings on any further appeal or reference arising out of proceedings mentioned in paragraph (a) or (b). (8) It is not an offence under section 20D for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in subsection (7)(a) to (c). (9) It is not an offence under section 20D to publish information disclosed as described in subsection (7). (10) In this section— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force; 2. the Attorney General; 3. the Criminal Cases Review Commission; 4. the Crown Prosecution Service; 5. any other person or class of person specified by the Lord Chancellor for the purposes of this section by regulations made by statutory instrument. (11) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this section. (12) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (20G) (1) It is not an offence under section 20D to solicit a disclosure described in section 20E(1) to (4) or section 20F(1) to (9). (2) It is not an offence under section 20D to obtain information— (a) by means of a disclosure described in section 20E(1) to (4) or section 20F(1) to (9), or (b) from a document that is available to the public or a section of the public.

(2) In the Contempt of Court Act 1981, as it extends to England and Wales, section 8 (confidentiality of jury's deliberations) is repealed.

(3) In section 8(1) of that Act, as it extends to Scotland and Northern Ireland, at the beginning insert “ In Scotland and Northern Ireland, ”.

(4) In the heading of that section, at the end insert “ : Scotland and Northern Ireland ”.

Juries at inquests

75

Schedule 13 makes provision about juries at inquests and their deliberations.

Members of the Court Martial

76

Schedule 14 makes provision about members of the Court Martial and their deliberations.

Supplementary provision

77

(1) In Schedule 1 to the Juries Act 1974 (persons disqualified for jury service), after paragraph 6 insert—

(6A) A person who at any time in the last ten years has been convicted of— (a) an offence under section 20A, 20B, 20C or 20D of this Act, (b) an offence under paragraph 5A, 5B, 5C or 5D of Schedule 6 to the Coroners and Justice Act 2009 (equivalent offences relating to jurors at inquests), or (c) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A to the Armed Forces Act 2006 (equivalent offences relating to members of the Court Martial).

(2) In section 22 of the Juries Act 1974 (consequential amendments, savings and repeals), at the beginning insert—

(A1) Nothing in section 20A, 20B or 20C affects what constitutes contempt of court at common law.

Reporting restrictions

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

78

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 45 (power to restrict reporting of criminal proceedings involving persons under 18) insert—

(45A) (1) This section applies in relation to— (a) any criminal proceedings in any court (other than a service court) in England and Wales, and (b) any proceedings (whether in the United Kingdom or elsewhere) in any service court. (2) The court may make a direction (“a reporting direction”) that no matter relating to a person mentioned in subsection (3) shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as being concerned in the proceedings. (3) A reporting direction may be made only in respect of a person who is under the age of 18 when the proceedings commence and who is— (a) a witness, other than an accused, in the proceedings; (b) a person against whom the offence, which is the subject of the proceedings, is alleged to have been committed. (4) For the purposes of subsection (2), matters relating to a person in respect of whom the reporting direction is made include— (a) the person's name, (b) the person's address, (c) the identity of any school or other educational establishment attended by the person, (d) the identity of any place of work of the person, and (e) any still or moving picture of the person. (5) The court may make a reporting direction in respect of a person only if it is satisfied that— (a) the quality of any evidence given by the person, or (b) the level of co-operation given by the person to any party to the proceedings in connection with that party's preparation of its case, is likely to be diminished by reason of fear or distress on the part of the person in connection with being identified by members of the public as a person concerned in the proceedings. (6) In determining whether subsection (5) is satisfied, the court must in particular take into account— (a) the nature and alleged circumstances of the offence to which the proceedings relate; (b) the age of the person; (c) such of the following as appear to the court to be relevant— (i) the social and cultural background and ethnic origins of the person, (ii) the domestic, educational and employment circumstances of the person, and (iii) any religious beliefs or political opinions of the person; (d) any behaviour towards the person on the part of— (i) an accused, (ii) members of the family or associates of an accused, or (iii) any other person who is likely to be an accused or a witness in the proceedings. (7) In determining that question the court must in addition consider any views expressed— (a) by the person in respect of whom the reporting restriction may be made, and (b) where that person is under the age of 16, by an appropriate person other than an accused. (8) In determining whether to make a reporting direction in respect of a person, the court must have regard to— (a) the welfare of that person, (b) whether it would be in the interests of justice to make the direction, and (c) the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of the proceedings. (9) A reporting direction may be revoked by the court or an appellate court. (10) The court or an appellate court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a reporting direction. (11) The court or an appellate court may only make an excepting direction if— (a) it is satisfied that it is necessary in the interests of justice to do so, or (b) it is satisfied that— (i) the effect of the reporting direction is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and (ii) it is in the public interest to remove or relax that restriction. (12) No excepting direction shall be given under subsection (11)(b) by reason only of the fact that the proceedings have been determined in any way or have been abandoned. (13) In determining whether to make an excepting direction in respect of a person, the court or the appellate court must have regard to the welfare of that person. (14) An excepting direction— (a) may be given at the time the reporting direction is given or subsequently, and (b) may be varied or revoked by the court or an appellate court. (15) For the purposes of this section— (a) criminal proceedings in a court other than a service court commence when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act; (b) proceedings in a service court commence when the charge is brought under section 122 of the Armed Forces Act 2006. (16) In this section— (a) “appellate court”, in relation to any proceedings in a court, means a court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings or with any further appeal; (b) “appropriate person” has the same meaning as in section 50; (c) references to the quality of evidence given by a person are to its quality in terms of completeness, coherence and accuracy (and for this purpose “coherence” refers to a person's ability in giving evidence to give answers which address the questions put to the person and can be understood both individually and collectively); (d) references to the preparation of the case of a party to any proceedings include, where the party is the prosecution, the carrying out of investigations into any offence at any time charged in the proceedings.

(3) In section 49 (offences under Chapter 4)—

(a) after subsection (1) insert—

(1A) This section also applies— (a) in England and Wales, Scotland and Northern Ireland, if a publication includes any matter in contravention of a direction under section 45A(2) made by a service court; (b) in England and Wales, if a publication includes any matter in contravention of a direction under section 45A(2) made by a court other than a service court.

, and

(b) at the end insert—

(7) Schedule 2A makes special provision in connection with the operation of this section, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in relation to persons providing information society services.

(4) In section 50 (defences)—

(a) after subsection (6) insert—

(6A) Where— (a) a person is charged with an offence under section 49, and (b) the offence relates to the inclusion of any matter in a publication in contravention of a direction under section 45A(2), it shall be a defence, unless subsection (6B) or (8) applies, to prove that the person in relation to whom the direction was given had given written consent to the inclusion of that matter in the publication. (6B) Written consent is not a defence by virtue of subsection (6A) if the person was under the age of 18 at the time the consent was given.

, and

(b) in subsection (8), after “defence” insert “ by virtue of subsections (5) to (7) ”.

Reporting restrictions in proceedings other than criminal proceedings

79

(1) Section 39 of the Children and Young Persons Act 1933 (power to prohibit publication of certain matter in newspapers) is amended as follows.

(2) In subsection (1)—

(a) after “any proceedings” insert “ , other than criminal proceedings, ”, and

(b) after “direct that” insert “ the following may not be included in a publication ”.

(3) In subsection (1)(a)—

(a) omit “no newspaper report of the proceedings shall reveal”, and

(b) omit “, or include any particulars calculated to lead to the identification,”.

(4) In subsection (1), after paragraph (a) insert—

(aa) any particulars calculated to lead to the identification of a child or young person so concerned in the proceedings;

(5) In subsection (1)(b)—

(a) for “no picture shall be published in any newspaper as being or including” substitute “ a picture that is or includes ”, and

(b) omit “as aforesaid”.

(6) In subsection (2), for “publishes any matter” substitute “ includes matter in a publication ”.

(7) After subsection (2) insert—

(3) In this section— - “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include a document prepared for use in particular legal proceedings; - “relevant programme” means a programme included in a programme service within the meaning of the Broadcasting Act 1990.

(8) In the heading of that section, omit “in newspapers”.

(9) After that section insert—

(39A) Schedule 1A makes special provision in connection with the operation of section 39 in relation to persons providing information society services.

(10) In section 57(3) of the Children and Young Persons Act 1963 (extending section 39 of the Children and Young Persons Act 1933 to Scotland) after paragraph (a) (but before “and”) insert—

(aa) as it extends to Scotland, the said section 39 has effect as if the references to a publication were references to a newspaper;

(11) In consequence of the amendment made by subsection (2)(a), omit paragraph 2 of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999.

(12) Subsection (2)(a) does not affect the operation of section 39 of the Children and Young Persons Act 1933 in relation to criminal proceedings instituted before the day on which it comes into force.

(13) For the purposes of subsection (12)—

(a) proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act;

(b) proceedings on appeal are instituted when the notice of appeal is given or the reference under section 9 or 11 of the Criminal Appeal Act 1995 is made.

Reporting restrictions: information society services

80

Schedule 15 makes special provision in connection with the operation of the following in relation to persons providing information society services—

(a) section 39 of the Children and Young Persons Act 1933;

(b) section 49 of the Youth Justice and Criminal Evidence Act 1999 as it applies to a publication that includes matter in contravention of a direction under section 45A(2) of that Act.

Other matters

Representations to Parliament by the President of the Supreme Court

81

(1) Section 5 of the Constitutional Reform Act 2005 (representations to Parliament) is amended as follows.

(2) At the beginning insert—

(A1) The President of the Supreme Court may lay before Parliament written representations on matters that appear to the President to be matters of importance relating to the Supreme Court or to the jurisdiction it exercises.

(3) In subsections (2) and (3), for “those matters” substitute “ the matters mentioned in subsections (A1) and (1) ”.

The supplementary panel of the Supreme Court

82

In section 39(4) of the Constitutional Reform Act 2005 (circumstances in which a judge of the Supreme Court or a senior territorial judge becomes a member of the supplementary panel), after “ while he holds such office ” insert “ or within 2 years of ceasing to hold such office ”.

Minor amendments

83

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 13(6A)(a) of the Tribunals, Courts and Enforcement Act 2007 (rules of court about when the Court of Session may grant permission to appeal against a decision of the Upper Tribunal), after “principle” insert “ or practice ”.

PART 4 — Judicial review

Judicial review in the High Court and Upper Tribunal

Likelihood of substantially different outcome for applicant

84

(1) In section 31 of the Senior Courts Act 1981 (applications for judicial review), after subsection (2) insert—

(2A) The High Court— (a) must refuse to grant relief on an application for judicial review, and (b) may not make an award under subsection (4) on such an application, if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred. (2B) The court may disregard the requirements in subsection (2A)(a) and (b) if it considers that it is appropriate to do so for reasons of exceptional public interest. (2C) If the court grants relief or makes an award in reliance on subsection (2B), the court must certify that the condition in subsection (2B) is satisfied.

(2) In that section, before subsection (4) insert—

(3C) When considering whether to grant leave to make an application for judicial review, the High Court— (a) may of its own motion consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and (b) must consider that question if the defendant asks it to do so. (3D) If, on considering that question, it appears to the High Court to be highly likely that the outcome for the applicant would not have been substantially different, the court must refuse to grant leave. (3E) The court may disregard the requirement in subsection (3D) if it considers that it is appropriate to do so for reasons of exceptional public interest. (3F) If the court grants leave in reliance on subsection (3E), the court must certify that the condition in subsection (3E) is satisfied.

(3) In that section, after subsection (7) insert—

(8) In this section “the conduct complained of”, in relation to an application for judicial review, means the conduct (or alleged conduct) of the defendant that the applicant claims justifies the High Court in granting relief.

(4) In section 15 of the Tribunals, Courts and Enforcement Act 2007 (the Upper Tribunal's “judicial review” jurisdiction), after subsection (5) insert—

(5A) In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal when deciding whether to grant relief under subsection (1) as they apply to the High Court when deciding whether to grant relief on an application for judicial review. (5B) If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (5A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.

(5) In section 16 of the Tribunals, Courts and Enforcement Act 2007 (application for relief under section 15(1)), before subsection (4) insert—

(3C) In cases arising under the law of England and Wales, when considering whether to grant permission to make the application, the tribunal— (a) may of its own initiative consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and (b) must consider that question if the respondent asks it to do so. (3D) In subsection (3C) “the conduct complained of” means the conduct (or alleged conduct) of the respondent that the applicant claims justifies the tribunal in granting relief. (3E) If, on considering the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the applicant would not have been substantially different, the tribunal must refuse to grant permission. (3F) The tribunal may disregard the requirement in subsection (3E) if it considers that it is appropriate to do so for reasons of exceptional public interest. (3G) If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is satisfied.

(6) In that section, after subsection (6) insert—

(6A) In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal as regards the making of an award under subsection (6) as they apply to the High Court as regards the making of an award under section 31(4) of the Senior Courts Act 1981. (6B) If the tribunal makes an award in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (6A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.

Provision of information about financial resources

85

(1) In section 31(3) of the Senior Courts Act 1981 (applications for leave to apply for judicial review)—

(a) after second “unless” insert

— (a)

, and

(b) at the end insert

, and (b) the applicant has provided the court with any information about the financing of the application that is specified in rules of court for the purposes of this paragraph.

(2) In that section, after subsection (3) insert—

(3A) The information that may be specified for the purposes of subsection (3)(b) includes— (a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and (b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application. (3B) Rules of court under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the rules has to be identified. This subsection does not apply to rules that specify information described in subsection (3A)(b).

(3) In section 16(3) of the Tribunals, Courts and Enforcement Act 2007 (applications for permission or leave to apply for relief under section 15(1): Upper Tribunal's “judicial review” jurisdiction)—

(a) after “unless” insert

— (a)

, and

(b) at the end insert

, and (b) in cases arising under the law of England and Wales, the applicant has provided the tribunal with any information about the financing of the application that is specified in Tribunal Procedure Rules for the purposes of this paragraph.

(4) In that section, after subsection (3) insert—

(3A) The information that may be specified for the purposes of subsection (3)(b) includes— (a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and (b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application. (3B) Tribunal Procedure Rules under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the rules has to be identified. This subsection does not apply to rules that specify information described in subsection (3A)(b).

Use of information about financial resources

86

(1) This section applies when the High Court, the Upper Tribunal or the Court of Appeal is determining by whom and to what extent costs of or incidental to judicial review proceedings are to be paid.

(2) The information to which the court or tribunal must have regard includes—

(a) information about the financing of the proceedings provided in accordance with section 31(3)(b) of the Senior Courts Act 1981 or section 16(3)(b) of the Tribunals, Courts and Enforcement Act 2007, and

(b) any supplement to that information provided in accordance with rules of court or Tribunal Procedure Rules.

(3) The court or tribunal must consider whether to order costs to be paid by a person, other than a party to the proceedings, who is identified in that information as someone who is providing financial support for the purposes of the proceedings or likely or able to do so.

(4) In this section “judicial review proceedings” means—

(a) proceedings on an application for leave to apply for judicial review,

(b) proceedings on an application for judicial review,

(c) proceedings on an application for permission to apply for relief under section 15 of the Tribunals, Courts and Enforcement Act 2007 in a case arising under the law of England and Wales,

(d) proceedings on an application for such relief in such a case,

(e) any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a), (b), (c) or (d), and

(f) proceedings on an appeal from such a decision.

Interveners and costs

87

(1) This section applies where—

(a) a person is granted permission to file evidence or make representations in judicial review proceedings, and

(b) at that time, the person is not a relevant party to the proceedings.

(2) That person is referred to in this section as an “intervener”.

(3) A relevant party to the proceedings may not be ordered by the High Court or the Court of Appeal to pay the intervener's costs in connection with the proceedings.

(4) Subsection (3) does not prevent the court making an order if it considers that there are exceptional circumstances that make it appropriate to do so.

(5) On an application to the High Court or the Court of Appeal by a relevant party to the proceedings, if the court is satisfied that a condition described in subsection (6) is met in a stage of the proceedings that the court deals with, the court must order the intervener to pay any costs specified in the application that the court considers have been incurred by the relevant party as a result of the intervener's involvement in that stage of the proceedings.

(6) Those conditions are that—

(a) the intervener has acted, in substance, as the sole or principal applicant, defendant, appellant or respondent;

(b) the intervener's evidence and representations, taken as a whole, have not been of significant assistance to the court;

(c) a significant part of the intervener's evidence and representations relates to matters that it is not necessary for the court to consider in order to resolve the issues that are the subject of the stage in the proceedings;

(d) the intervener has behaved unreasonably.

(7) Subsection (5) does not require the court to make an order if it considers that there are exceptional circumstances that make it inappropriate to do so.

(8) In determining whether there are exceptional circumstances that are relevant for the purposes of subsection (4) or (7), the court must have regard to criteria specified in rules of court.

(9) In this section, “judicial review proceedings” means—

(a) proceedings on an application for leave to apply for judicial review,

(b) proceedings on an application for judicial review,

(c) any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), and

(d) proceedings on an appeal from such a decision,

and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.

(10) For the purposes of this section, “a relevant party” to judicial review proceedings means any of the following—

(a) a person who is or has been an applicant or defendant in the proceedings described in subsection (9)(a), (b) or (c);

(b) a person who is or has been an appellant or respondent in the proceedings described in subsection (9)(d);

(c) any other person who is or has been directly affected by the proceedings and on whom the application for judicial review, or for leave to apply for judicial review, has been served.

(11) If a person who is an intervener in judicial review proceedings becomes a relevant party to the proceedings, the person is to be treated for the purposes of subsections (3) and (5) as having been a relevant party, rather than an intervener, at all times when involved in the proceedings.

Capping of costs

88

(1) A costs capping order may not be made by the High Court or the Court of Appeal in connection with judicial review proceedings except in accordance with this section and sections 89 and 90.

(2) A “costs capping order” is an order limiting or removing the liability of a party to judicial review proceedings to pay another party's costs in connection with any stage of the proceedings.

(3) The court may make a costs capping order only if leave to apply for judicial review has been granted.

(4) The court may make a costs capping order only on an application for such an order made by the applicant for judicial review in accordance with rules of court.

(5) Rules of court may, in particular, specify information that must be contained in the application, including—

(a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and

(b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application.

(6) The court may make a costs capping order only if it is satisfied that—

(a) the proceedings are public interest proceedings,

(b) in the absence of the order, the applicant for judicial review would withdraw the application for judicial review or cease to participate in the proceedings, and

(7) The proceedings are “public interest proceedings” only if—

(a) an issue that is the subject of the proceedings is of general public importance,

(b) the public interest requires the issue to be resolved, and

(8) The matters to which the court must have regard when determining whether proceedings are public interest proceedings include—

(a) the number of people likely to be directly affected if relief is granted to the applicant for judicial review,

(b) how significant the effect on those people is likely to be, and

(9) The Lord Chancellor may by regulations amend this section by adding, omitting or amending matters to which the court must have regard when determining whether proceedings are public interest proceedings.

(10) Regulations under this section are to be made by statutory instrument.

(11) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(12) In this section and sections 89 and 90—

“costs capping order” has the meaning given in subsection (2);

“the court” means the High Court or the Court of Appeal;

“judicial review proceedings” means—proceedings on an application for leave to apply for judicial review,proceedings on an application for judicial review,any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), andproceedings on an appeal from such a decision,and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.

(13) For the purposes of this section and section 89, in relation to judicial review proceedings—

(a) the applicant for judicial review is the person who is or was the applicant in the proceedings on the application for judicial review, and

(b) references to relief being granted to the applicant for judicial review include the upholding on appeal of a decision to grant such relief at an earlier stage of the proceedings.

Capping of costs: orders and their terms

89

(1) The matters to which the court must have regard when considering whether to make a costs capping order in connection with judicial review proceedings, and what the terms of such an order should be, include—

(a) the financial resources of the parties to the proceedings, including the financial resources of any person who provides, or may provide, financial support to the parties;

(b) the extent to which the applicant for the order is likely to benefit if relief is granted to the applicant for judicial review;

(c) the extent to which any person who has provided, or may provide, the applicant with financial support is likely to benefit if relief is granted to the applicant for judicial review;

(d) whether legal representatives for the applicant for the order are acting free of charge;

(e) whether the applicant for the order is an appropriate person to represent the interests of other persons or the public interest generally.

(2) A costs capping order that limits or removes the liability of the applicant for judicial review to pay the costs of another party to the proceedings if relief is not granted to the applicant for judicial review must also limit or remove the liability of the other party to pay the applicant's costs if it is.

(3) The Lord Chancellor may by regulations amend this section by adding to, omitting or amending the matters listed in subsection (1).

(4) Regulations under this section are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) In this section—

“free of charge” means otherwise than for or in expectation of fee, gain or reward;

“legal representative”, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf.

Capping of costs: environmental cases

90

(1) The Lord Chancellor may by regulations provide that sections 88 and 89 do not apply in relation to judicial review proceedings which, in the Lord Chancellor's opinion, have as their subject an issue relating entirely or partly to the environment.

(2) Regulations under this section—

(a) may make provision generally or only in relation to proceedings described in the regulations, and

(b) may include transitional, transitory or saving provision.

(3) Regulations under this section are to be made by statutory instrument.

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

Planning proceedings

Procedure for certain planning challenges

91

Schedule 16 contains amendments—

(a) that require leave of court to be obtained before certain planning applications may be made, and

(b) that set out a procedure for challenging costs orders made in connection with certain planning orders and decisions.

Periods of time for certain legal challenges

92

(1) In section 61N of the Town and Country Planning Act 1990 (legal challenges relating to neighbourhood development orders)—

(a) in subsections (1)(b) and (2)(b), after “beginning with” insert “ the day after ”;

(b) in subsection (3)(b)—

(i) for “during” substitute “ before the end of ”;

(ii) after “beginning with” insert “ the day after ”.

(2) In section 106C of that Act (legal challenges relating to development consent obligations)—

(a) in subsection (1)(b)—

(i) for “during” substitute “ before the end of ”;

(ii) after “beginning with” insert “ the day after ”;

(b) in subsection (1A), after “begins with” insert “ the day after ”;

(i) for “during” substitute “ before the end of ”;

(ii) after “beginning with” insert “ the day after ”.

(3) In section 13 of the Planning Act 2008 (legal challenges relating to national policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—

(a) for “during” substitute “ before the end of ”;

(b) after “beginning with” insert “ the day after ”.

(4) In section 118 of that Act (legal challenges relating to applications for orders granting development consent)—

(a) in subsections (1)(b), (2)(b) and (3)(b)—

(i) for “during” substitute “ before the end of ”;

(ii) after “beginning with” insert “ the day after ”;

(b) in subsections (4)(b), (5)(b) and (6)(b)—

(i) for “during” substitute “ before the end of ”;

(ii) after “day”, wherever occurring, insert “ after the day ”;

(i) for “during” substitute “ before the end of ”;

(ii) after “beginning with” insert “ the day after ”.

PART 5 — Final provisions

Power to make consequential and supplementary provision etc

93

(1) The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act.

(2) The regulations may, in particular, amend, repeal or revoke legislation.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5).

(5) A statutory instrument containing regulations under this section that amend or repeal a provision of an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) In this section—

“Act” includes an Act or Measure of the National Assembly for Wales;

“legislation”, in relation to regulations made under this section, means—an Act passed before or in the same Session as this Act, oran instrument made under an Act before the regulations come into force.

Financial provision

94

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

95

(1) The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsections (2) to (4).

(2) Section 52 (low value shoplifting: mode of trial) comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) Section 62 (appeals from the Court of Protection) and this Part come into force on the day on which this Act is passed.

(4) Paragraphs 23 to 25 of Schedule 7 (transition from EU Convention on driving disqualification to new agreement), and section 31(6)(b) so far as it relates to those paragraphs, come into force on the day on which this Act is passed.

(5) An order under this section is to be made by statutory instrument.

(6) An order under this section may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

(7) An order under this section bringing into force section 16 (drugs for which prisoners etc may be tested) may appoint different days for different areas.

(8) Subsection (9) applies to an order under this section the effect of which is to bring into force the Secretary of State's power to provide secure colleges for the detention of any or all of the following—

(a) persons who are male and aged under 15;

(b) persons who are female.

(9) A statutory instrument containing the order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(10) The reference in subsection (8) to the Secretary of State's power to provide secure colleges is to the power under section 43(1)(c) of the Prison Act 1952 (as inserted by section 38 of this Act).

Extent

96

(1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed (ignoring extent by virtue of an Order in Council), subject to subsections (2) to (4).

(2) An amendment or repeal of a provision of the Armed Forces Act 2006 extends to England and Wales, Scotland and Northern Ireland.

(3) An amendment or repeal of any other provision, so far as it is applied by the Armed Forces Act 2006, extends to England and Wales, Scotland and Northern Ireland (and section 385 of that Act does not apply in relation to the amendment or repeal).

(4) Section 79(9) and paragraph 1 of Schedule 15 (operation of section 39 of the Children and Young Persons Act 1933 in relation to providers of information society services) extend to England and Wales only.

(5) A provision of this Act, other than an amendment or repeal, extends to England and Wales, Scotland and Northern Ireland, subject to subsection (6).

(6) The following provisions extend to England and Wales only—

(a) sections 17 and 18(1) to (4) (restrictions on use of cautions);

(b) sections 20 to 25 (offences involving ill-treatment or wilful neglect);

(d) sections 57 to 61 (personal injury claims: fundamental dishonesty and rules against inducements);

(e) sections 86 to 90 (judicial review: information about financial resources, interveners and capping of costs);

(f) Schedule 4 (ill-treatment or wilful neglect: excluded health care);

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) Parts 1 to 4 of Schedule 10 (contracting out secure colleges).

Channel Islands, Isle of Man and British overseas territories

97

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Criminal Justice and Courts Act 2015

Duty to review criminal courts charge

55

Collection of fines etc

Variation of collection orders etc

56

Civil proceedings relating to personal injury

Personal injury claims: cases of fundamental dishonesty

57

Rules against inducements to make personal injury claims

58

Effect of rules against inducements

59

Inducements: interpretation

60

Inducements: regulations

61

Appeals in civil proceedings

Appeals from the Court of Protection

62

Appeals from the High Court to the Supreme Court

63

Appeals from the Upper Tribunal to the Supreme Court

64

Appeals from the Employment Appeal Tribunal to the Supreme Court

65

Appeals from the Special Immigration Appeals Commission to the Supreme Court

66

Costs in civil proceedings

Wasted costs in certain civil proceedings

67

Juries and members of the Court Martial

Upper age limit for jury service to be 75

68

Jurors and electronic communications devices

69

Jurors and electronic communications devices: powers of search etc

70

Research by jurors

71

Sharing research with other jurors

72

Jurors engaging in other prohibited conduct

73

Disclosing jury’s deliberations

74

Juries at inquests

75

Members of the Court Martial

76

Supplementary provision

77

Reporting restrictions

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

78

Reporting restrictions in proceedings other than criminal proceedings

79

Reporting restrictions: information society services

80

Other matters

Representations to Parliament by the President of the Supreme Court

81

The supplementary panel of the Supreme Court

82

Minor amendments

83

PART 4 — Judicial review

Judicial review in the High Court and Upper Tribunal

Likelihood of substantially different outcome for applicant

84

Provision of information about financial resources

85

Use of information about financial resources

86

Interveners and costs

87

Capping of costs

88

Capping of costs: orders and their terms

89