Judicial Review and Courts Act 2022

(194C) (1) The Lord Chancellor may by order prescribe a registered charity for the purposes of sections 194 to 194B. (2) The charity must be one which provides financial support to persons who provide, or organise or facilitate the provision of, legal advice or assistance (by way of representation or otherwise) which is free of charge. (3) In this section— - “free of charge” means otherwise than for or in expectation of fee, gain or reward; - “registered charity” means a charity registered in accordance with— section 30 of the Charities Act 2011, section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), or section 16 of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)). (4) An order under section 194(8) that was in force immediately before section 48 of the Judicial Review and Courts Act 2022 came into force— (a) remains in force despite the amendment by that section of section 194(8), (b) has effect as if its prescription of a charity for the purposes of section 194 were the prescription of that charity under this section for the purposes of sections 194 to 194B, and (c) may be amended or revoked by an order under this section.

• (5) For the purposes of sections 194A and 194C of the Legal Services Act 2007 (as inserted by subsections (2) and (4)), sections 204 and 206 of that Act extend to Scotland and Northern Ireland as well as England and Wales.

• (6) In paragraph 17(1) of Schedule 4 to the Enterprise Act 2002 (rules that may be made about procedure of Competition Appeal Tribunal), omit paragraph (ha).

• (7) In paragraph 32 of Schedule 8 to the Consumer Rights Act 2015 (amendments of paragraph 17 of Schedule 4 to the Enterprise Act 2002), omit sub-paragraph (a).

Part 3 — Final provisions

Regulations

49

• (1) Regulations under this Act are to be made by statutory instrument.

• (2) A power to make regulations under this Act includes power to make—

• (a) incidental, transitional or saving provision;

• (b) different provision for different purposes or for different areas.

This subsection does not apply in relation to section 51 (but see subsections (5) and (6) of that section).

• (3) Where regulations under this Act are subject to “affirmative resolution procedure”, a statutory instrument containing the regulations (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.

• (4) Where regulations under this Act are subject to “negative resolution procedure”, a statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) But regulations under this Act are not subject to negative resolution procedure (notwithstanding any other provision of this Act) if a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.

Extent

50

• (1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed, subject to subsections (3) to (6).

• (2) Sections 1(4), 2(2), and 36 have the same extent as the amendments or repeals to which they relate.

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

• (a) section 13(6) to (11);

• (b) section 42;

• (c) section 45(1);

• (d) paragraph 3(2) of Schedule 2;

• (e) Part 1 of Schedule 3.

• (4) Section 48(3) extends to England and Wales and Northern Ireland.

• (5) Section 48(2) and (4) extends to England and Wales, Scotland and Northern Ireland.

• (6) Paragraph 3(5) of Schedule 2 extends to England and Wales, Scotland and Northern Ireland.

• (7) Part 3 of Schedule 3 extends only to England and Wales and Scotland.

• (8) Except as otherwise provided above, this Act extends to England and Wales, Scotland and Northern Ireland.

Commencement and transitional provision

51

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

• (a) section 11;

• (b) section 13(3);

• (c) paragraphs 12 to 14 of Schedule 2, and section 18 so far as relating to those paragraphs;

• (d) this Part.

• (2) If paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (as it was enacted) has been brought in force in relation to either-way offences before the passing of this Act, the following provisions come into force on the day after the day on which this Act is passed—

• (a) section 13 (except subsection (3));

• (b) paragraphs 16 to 21 of Schedule 2, and section 18 so far as relating to those paragraphs.

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

• (a) section 15;

• (b) section 16 (and Schedule 1);

• (c) Chapter 4 of Part 2, except section 44;

• (d) section 48.

• (4) Except as provided above, this Act comes into force on such day as the Lord Chancellor may by regulations appoint.

• (5) Different days may be appointed for different purposes.

• (6) The Lord Chancellor may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

• (7) The coming into force of paragraph 21(b) of Schedule 2 results in the provision it inserts becoming subject to section 417(1) of the Sentencing Act 2020 (power to commence Schedule 22 to that Act).

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

Short title

52

This Act may be cited as the Judicial Review and Courts Act 2022.

Schedule 1

Road Traffic Act 1960

1

In section 243 of the Road Traffic Act 1960 (proof, in summary proceedings under section 232 of that Act, of identity of driver of vehicle), in paragraph (a), for “by post” substitute “in accordance with Criminal Procedure Rules”.

Misuse of Drugs Act 1971

2

In section 29 of the Misuse of Drugs Act 1971 (service of documents), before subsection (1) insert—

(A1) In the application of this Act to criminal proceedings in England and Wales, any notice or other document required or authorised by any provision of this Act to be served on any person may be served on the person in accordance with Criminal Procedure Rules. (A2) In any other application of this Act, subsections (1) to (4) apply.

Prices Act 1974

3

In paragraph 8 of the Schedule to the Prices Act 1974 (institution of proceedings)—

• (a) in sub-paragraph (3), after “person” insert

— (a) if the proceedings are to be instituted in England and Wales, in accordance with Criminal Procedure Rules; or (b) otherwise,

;

• (b) after that sub-paragraph insert—

(3A) For the purposes of sub-paragraph (3)(a)— (a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

Salmon and Freshwater Fisheries Act 1975

4

In paragraph 10 of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (delivery up of licence by defendant)—

• (a) in sub-paragraph (a), for “cause it to be delivered to the proper officer of the court” substitute “serve it on the proper officer of the court in accordance with Criminal Procedure Rules”;

• (b) omit paragraph (b);

• (c) in the words after paragraph (c), for the words from “posted” to “delivered” substitute “served the licence or authorisation under section 27A above”.

Isle of Man Act 1979

5

In section 5(1) of the Isle of Man Act 1979 (summonses etc for offences relating to common duties etc)—

• (a) omit “in the United Kingdom”;

• (b) after “may” insert “, if the court is in England and Wales, be served in accordance with Criminal Procedure Rules or, if the court is in Scotland or Northern Ireland,”.

Magistrates’ Courts Act 1980

6

In section 82 of the Magistrates’ Courts Act 1980 (restriction on power to impose imprisonment for default), in subsection (5F), for the words from “by registered post” to the end substitute “in accordance with Criminal Procedure Rules”.

Public Passenger Vehicles Act 1981

7

In section 72 of the Public Passenger Vehicles Act 1981 (proof in summary proceedings of identity of driver of vehicle), in paragraph (a)—

• (a) for “rules made under section 15 of the Justices of the Peace Act 1949” substitute “Criminal Procedure Rules”;

• (b) for “by post” substitute “in accordance with Criminal Procedure Rules”.

Video Recordings Act 1984

8

In section 19 of the Video Recordings Act 1984 (evidence by certificate)—

• (a) after subsection (4) insert—

(4A) This section does not make a certificate admissible as evidence in proceedings in England and Wales for an offence unless a copy of the certificate has, not less than seven days before the hearing, been served on the person charged with the offence in accordance with Criminal Procedure Rules.

;

• (b) in subsection (5), after “proceedings” insert “in Northern Ireland”.

Weights and Measures Act 1985

9

In section 83 of the Weights and Measures Act 1985 (prosecution of offences)—

• (a) in subsection (4), after “person” insert

— (a) if the proceedings are to be instituted in England and Wales, in accordance with Criminal Procedure Rules; or (b) if the proceedings are to be instituted in Scotland,

;

• (b) after that subsection insert—

(4A) For the purposes of subsection (4)(a)— (a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

Road Traffic Act 1988

10

• (1) The Road Traffic Act 1988 is amended as follows.

• (2) In section 164 (powers to require driving licence or date of birth)—

• (a) in subsection (10)—

• (i) after “him” (in the first place it occurs) insert

— (a) if the statement to the constable was made in England and Wales, in accordance with Criminal Procedure Rules, or (b) if that statement was made elsewhere,

;

• (ii) for “this subsection” (in both places it occurs) substitute “this paragraph”;

• (b) after subsection (10) insert—

(10A) For the purposes of subsection (10)(a)— (a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

• (3) In section 172 (duty to identify driver where offence alleged)—

• (a) in subsection (7), for “by post” substitute “in accordance with Criminal Procedure Rules, if the alleged offence took place in England and Wales, or by post otherwise”;

• (b) after that subsection insert—

(7A) For the purposes of subsection (7) (as it applies in relation to an alleged offence in England and Wales)— (a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

Road Traffic Offenders Act 1988

11

• (1) The Road Traffic Offenders Act 1988 is amended as follows.

• (2) In section 1 (requirement for warning etc before certain prosecutions), after subsection (1) insert—

(1ZA) In the case of an offence to be prosecuted in England and Wales, a notice required by this section to be served on any person may be served on that person in accordance with Criminal Procedure Rules. (1ZB) For the purposes of subsection (1ZA)— (a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service. (1ZC) In the case of an offence to be prosecuted elsewhere, subsections (1A) and (2) apply.

• (3) In section 12 (proof of identify of driver in summary proceedings), in subsections (1)(a) and (3)(a), for “by post” substitute “in accordance with Criminal Procedure Rules”.

• (4) In section 16 (documentary evidence as to specimens of breath, blood or urine), in subsection (6), after “may” insert

— (a) if the proceedings mentioned in section 15(1) take place in England and Wales, be served in accordance with Criminal Procedure Rules, or (b) if the proceedings take place elsewhere,

.

• (5) In section 25 (requirement to inform court of date of birth and sex following conviction), in subsection (7)—

• (a) after “him” (in the first place it occurs) insert “—

(a) if the conviction was in England and Wales, in accordance with Criminal Procedure Rules, or (b) if the conviction was elsewhere,

;

• (b) for “this subsection” (in both places it occurs) substitute “this paragraph”.

• (6) In section 85 (service of certain documents in connection with alleged offences), before subsection (1) insert—

(A1) Subsections (A2) to (A4) apply in relation to an offence alleged to have taken place in England and Wales. (A2) Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, the person may be provided with the following documents in accordance with Criminal Procedure Rules (but without prejudice to any other method of providing them), that is to say— (a) any of the statutory statements mentioned in Schedule 4 to this Act, and (b) any of the documents mentioned in section 66(2) of this Act. (A3) A notice to owner may be served on any person in accordance with Criminal Procedure Rules. (A4) For the purposes of subsections (A2) and (A3)— (a) Criminal Procedure Rules (as they have effect from time to time) apply to the document to be provided or (as the case may be) the notice to be served as if it were a document to be served in criminal proceedings before a magistrates’ court, and (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service. (A5) Subsections (1) to (5) apply in relation to an offence alleged to have taken place outside England and Wales.

Transport and Works Act 1992

12

In section 35 of the Transport and Works Act 1992 (documentary evidence as to specimens of breath, blood or urine), in subsection (7), after “means” insert “, in relation to proceedings in England and Wales, served in accordance with Criminal Procedure Rules or, otherwise,”.

Powers of Criminal Courts (Sentencing) Act 2000

13

• (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

• (2) In section 60 (attendance centre orders), in subsection (11)(b), for the words from “send” to the end substitute “serve a copy on that person in accordance with Criminal Procedure Rules”.

• (3) In Schedule 5 (breach, revocation and amendment of attendance centre orders)—

• (a) in paragraph 4(5)(a), for the words from “send” to “abode” substitute “serve a copy on the offender in accordance with Criminal Procedure Rules”;

• (b) in paragraph 5(3)(a), for the words from “send” to “abode” substitute “serve a copy on the offender in accordance with Criminal Procedure Rules”.

Criminal Justice and Police Act 2001

14

In section 27 of the Criminal Justice and Police Act 2001 (service of notices to do with closure of unlicensed premises)—

• (a) in subsection (1), for the words from “served” (in the second place it occurs) to the end of paragraph (d) substitute “served in accordance with Criminal Procedure Rules.”;

• (b) after that subsection insert—

(1A) For the purposes of subsection (1)— (a) Criminal Procedure Rules (as they have effect from time to time) apply to the document to be served as if it were a document to be served in criminal proceedings before a magistrates’ court, and (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

;

• (c) omit subsections (2) to (8).

Schedule 2

Power to give practice directions

1

• (1) The Magistrates’ Courts Act 1980 is amended as follows.

• (2) In section 16A(1) (availability of trial by single justice on the papers)—

• (a) in paragraph (c), omit the final “and”;

• (b) after paragraph (d) insert

, and (e) the accused has not accepted the automatic online conviction option in respect of the offence.

• (3) In section 89 (transfer of fines within England and Wales), after subsection (4) insert—

(5) When this section applies to a sum payable by virtue of a conviction under section 16H— (a) a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and (b) the power in subsection (1) may be exercised by any fines officer.

• (4) In section 90 (transfer of fines to Scotland or Northern Ireland), after subsection (3A) insert—

(4) When this section applies to a sum payable by virtue of a conviction under section 16H— (a) a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and (b) the power in subsection (1) may be exercised by any fines officer.

• (5) In section 108 (right of appeal to the Crown Court), after subsection (2) insert—

(2A) A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).

• (6) In section 150(1) (interpretation), in the definition of “fine”, after “purposes of” insert “sections 16G to 16M and of”.

2

In section 8 of the Road Traffic Offenders Act 1988 (duty to include date of birth and sex in written plea of guilty), after paragraph (aa) (but before the final “or”) insert—

(ab) gives a notification amounting to acceptance of the automatic online conviction option (within the meaning of section 16G of the Magistrates’ Courts Act 1980),

.

3

• (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as set out in sub-paragraphs (2) to (10).

• (2) In paragraph 1 (application of Schedule)—

• (a) the existing provision becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) A sum payable under a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) is not to be regarded as a sum within sub-paragraph (1); but this Schedule applies in relation to such sums as provided in paragraphs 10A, 21(2), 25(2), 29(2) and 37(1A). (3) For the purposes of this Schedule as it applies as mentioned in paragraph 1(2), “the fines officer” means any fines officer.

• (3) In paragraph 2(1) (meaning of “the sum due”), for “1” substitute “1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty”.

• (4) In paragraph 3(1) (meaning of “existing defaulter”)—

• (a) in paragraph (c), for “1, or” substitute “1(1),”;

• (b) in paragraph (d), for “1” substitute “1(1)”;

• (c) at the end insert

, or (e) the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

• (5) After paragraph 10 insert—

(10A) This Part of this Schedule applies to a person who has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) as it applies to P.

• (6) In paragraph 13 (contents of collection orders: general), in sub-paragraph (2), after “P” insert “and a collection order”.

• (7) In paragraph 21 (application of Part 6)—

• (a) the existing provision becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) This Part also applies if a person (“P”) has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980). (3) In the application of this Part in such a case— (a) “collection order” means the notice of conviction and penalty; (b) a reference to the collection order being made is a reference to the notice of conviction and penalty being given; (c) “payment terms” means the requirements as to the time and manner of payment imposed under section 16L(2)(c) of the Magistrates’ Courts Act 1980.

• (8) In paragraph 25 (application of Part 7)—

• (a) the existing provision becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) This Part also applies on the first occasion on which a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

• (9) In paragraph 29 (application of Part 8)—

• (a) the existing provision becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))— (a) a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and (b) the attachment of earnings order or application for benefit deductions made under Part 6 fails.

• (10) In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), after sub-paragraph (1) insert—

(1A) This paragraph also applies if— (a) a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980), and (b) paragraph 26 does not apply.

• (11) In Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), in paragraph 2 (cases where work order may be made), in sub-paragraph (1)(a)(vi), after “Schedule 5” insert “(including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order)”.

4

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) In section 29 (institution of proceedings by written charge)—

• (a) for the heading substitute “Instituting proceedings by written charge”;

• (b) after subsection (2) insert—

(2AA) A single justice procedure notice may be issued only if— (a) the offence is a summary offence not punishable with imprisonment, and (b) the person being charged has attained the age of 18, or is not an individual.

;

• (c) after subsection (2B) insert—

(2C) Subsection (2D) applies if— (a) the offence is specified in regulations under section 16H(3)(a) of the Magistrates’ Courts Act 1980, and (b) the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G(1) of the Magistrates’ Courts Act 1980). (2D) The single justice procedure notice must also explain— (a) the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and (b) that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply. (2E) The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C)(b).

• (3) In section 30 (further provision about institution of proceedings by written charge), in the heading, for “new method” substitute “written charges”.

• (4) In section 330 (orders and rules), in subsection (1)(c), after “sections” insert “29(2E),”.

Amendment in connection with section 4

5

In section 11(5) of the Magistrates’ Courts Act 1980 (proceedings to which section 11(3) and (4) of that Act applies), after “apply” insert “(except where the court is proceeding under section 12(5))”.

Amendments in connection with sections 6 to 8

6

• (1) The Magistrates’ Courts Act 1980 is amended as follows.

• (2) In section 17A (initial indication of plea at hearing)—

• (a) in the heading, for “procedure” substitute “hearing”;

• (b) after subsection (1) insert—

(1A) But in a case where section 17ZA(3) has effect, this section does not have effect unless— (a) the accused has failed to give a written indication of guilty plea (see subsection (13) of that section), or (b) the accused has given such an indication but later withdrawn it as described in subsection (10) of that section.

;

• (c) in subsection (7), for “section 18(1) below shall apply” substitute “, the court is to proceed in accordance with section 17BA”.

• (3) In section 17B (power to proceed with hearing for initial indication of plea in absence of disruptive accused)—

• (a) in subsection (2)(d), for “section 18(1) below shall apply” substitute “, the court is to proceed in accordance with section 17BA”;

• (b) in subsection (3), for “and section 18(1) below” substitute “, section 18(1) and section 20”.

• (4) In section 17C (power to adjourn hearing for initial indication of plea), for “or 17B” substitute “, 17B or 17BA”.

• (5) In section 17D (maximum penalty following indication of guilty plea for certain low-value offences)—

• (a) in the heading, after “section” insert “17ZB(9),”;

• (b) in subsection (1)(b), after “section” insert “17ZB(9),”.

• (6) In section 17E (functions under sections 17A to 17D capable of exercise by single justice)—

• (a) in the heading, for “17A” substitute “17ZA”;

• (b) in subsection (1), for “17A” substitute “17ZA”.

• (7) In section 18 (procedure for determining mode of trial)—

• (a) for subsection (1) substitute—

(1) A magistrates’ court must proceed by way of a hearing in accordance with such of sections 19 to 22 as are applicable where— (a) a person before the court as mentioned in section 17A(1)— (i) indicates under that section that (if the offence in question were to proceed to trial) the person would plead not guilty, and (ii) does not give an in-court indication of non-consent to summary trial (see section 17BA(6)); (b) the legal representative of a person who has been before the court as mentioned in section 17A(1)— (i) indicates under section 17B that (if the offence in question were to proceed to trial) the person would plead not guilty, and (ii) does not give an in-court indication of non-consent to summary trial; or (c) section 17B has effect and no legal representative of the accused is present at the hearing referred to in that section. (1A) A magistrates’ court must also proceed in that way (subject to section 17ZA(11)) where— (a) a person charged with an offence that is not a scheduled offence— (i) has given a written indication of a not guilty plea (see section 17ZA(13)), (ii) has failed to give a written indication of non-consent to summary trial (see section 17ZC(9)), and (iii) has failed to make an election for written allocation proceedings (see section 17ZC(9)); (b) a person charged with a scheduled offence— (i) has given a written indication of a not guilty plea, and (ii) has failed to make an election for written allocation proceedings; or (c) a person has given a written indication of a not guilty plea and neither subsection (3) nor subsection (5) of section 17ZC has effect in relation to the case. (1B) Subsections (2) and (4) apply in respect of a hearing under subsection (1) or (1A).

;

• (b) after subsection (4) insert—

(4A) A magistrates’ court must (subject to section 17ZA(11)) proceed in writing in accordance with such of sections 19 to 22 as are applicable where— (a) a person charged with an offence that is not a scheduled offence— (i) has given a written indication of a not guilty plea, (ii) has failed to give a written indication of non-consent to summary trial, and (iii) has made an election for written allocation proceedings (see section 17ZC(9)); or (b) a person charged with a scheduled offence— (i) has given a written indication of a not guilty plea, and (ii) has made an election for written allocation proceedings. (4B) Everything that the court is required to do under any of sections 19 to 22, when proceeding by virtue of subsection (4A), must be done before any evidence is called; but it is not to be done in open court or in the presence of the accused (or the accused’s legal representative).

;

• (c) after subsection (5) insert—

(6) In this section, “scheduled offence” has the meaning given by section 22(1).

• (8) In section 20 (procedure at allocation hearing where summary trial deemed suitable)—

• (a) in subsections (5), (6) and (8)(b), after “section” insert “17ZA,”;

• (b) in subsection (7), after “If” insert “the court is proceeding by way of a hearing and”;

• (c) after subsection (7) insert—

(7A) If the court is proceeding in writing and the accused indicates that he would plead guilty the court shall proceed (at a hearing rather than in writing) to try the offence summarily under section 9. (7B) If, at a summary trial held in accordance with subsection (7A), the accused pleads not guilty— (a) the trial and the plea are void, and (b) subsection (9) below applies.

• (9) In section 22 (certain low-value either-way offences to be tried summarily)—

• (a) after subsection (2) insert—

(2A) If, where subsection (1) above applies, it does not appear to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed in accordance with subsections (2B) to (2E). (2B) If the court is proceeding by way of a hearing and the accused, or a legal representative of the accused, is present, the court shall proceed in accordance with section 17BA. (2C) For the purposes of subsection (2B), the references in subsections (2) and (5) of section 17BA to proceeding in accordance with section 18(1) are to be read as references to proceeding in accordance with sections 19 to 21. (2D) If the court is proceeding in writing, and the accused has given a written indication of non-consent to summary trial (see section 17ZC(9)), the court shall proceed in relation to the offence in accordance with section 51 of the Crime and Disorder Act 1998. (2E) If neither subsection (2B) nor subsection (2D) applies, the court shall proceed in accordance with sections 19 to 21.

;

• (b) omit subsections (3) to (6).

• (10) In section 23 (power to proceed with allocation hearing in absence of represented accused), omit subsection (3).

• (11) In section 24A (child or young person to indicate intention as to plea in certain cases)—

• (a) for the heading substitute “Child or young person to indicate plea at hearing where allocation decision otherwise required”;

• (b) after subsection (1) insert—

(1A) But in a case where section 24ZA(3) has effect, this section does not apply unless— (a) the accused has failed to give a written indication of a guilty plea (see section 24ZA(11)), or (b) the accused has given such an indication but later withdrawn it as described in section 24ZB(7).

• (12) In section 27A (power to transfer criminal proceedings), for subsections (1) and (2) substitute—

(1) A magistrates’ court may at any time, whether before or after beginning to hear the trial of any person for an offence, transfer the matter to another magistrates’ court.

7

In section 47 of the Police and Criminal Evidence Act 1984 (bail after arrest), for subsection (3A) substitute—

(3A) Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, the custody officer shall appoint for the appearance the time and date, and place, which is notified to the custody officer by the designated officer for the court.

8

• (1) The Crime and Disorder Act 1998 is amended as follows.

• (2) In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court)—

• (a) in subsection (4), for “subsections (2) or (6)(a)” substitute “subsection (2)”;

• (b) after subsection (5) insert—

(6) This section does not apply where a person appears before a magistrates’ court for summary trial in accordance with section 17ZB(9), 20(7A) or 24ZA(5) of the Magistrates’ Courts Act 1980.

• (3) In section 51B(4) (court to which notices under that section to be given), at the end insert “, or which is conducting any written proceedings in relation to the offence”.

Amendments in connection with section 9

9

• (1) The Magistrates’ Courts Act 1980 is amended as follows.

• (2) In section 18(2) (requirement for allocation proceedings to take place in presence of accused), omit “subsection (3) below and”.

• (3) In section 24(1) (child or young person generally to be tried summarily), for “and 24B” substitute “to 24BA”.

• (4) In section 24A(2) (procedure where child or young person to indicate intention as to plea), after “applies” insert “(and subject to section 24BA)”.

• (5) In section 24C(1) (power to adjourn plea and allocation hearing), for “or 24B” substitute “, 24B or 24BA”.

Amendments in connection with section 10

10

• (1) The Magistrates’ Courts Act 1980 is amended as follows.

• (2) In sections 19(6), 20(9)(b), 21, 22A(2)(b), 23(4)(b) and (5) and 25(2D) (which provide for the application of section 51 of the Crime and Disorder Act 1998 in various cases), for “51(1)” substitute “51”.

• (3) In section 24A (child or young person to indicate intention as to plea in certain cases), in subsection (1), for paragraph (b) substitute—

(b) a magistrates’ court would, but for this section and section 24B, have to determine under section 51A of the 1998 Act— (i) whether to send the accused to the Crown Court for trial, or (ii) any matter the effect of which would be to determine whether the accused is sent to the Crown Court for trial.

11

• (1) The Crime and Disorder Act 1998 is amended as follows.

• (2) In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court), in subsection (3)(a)—

• (a) in the words before sub-paragraph (i), for “under section 51(2)(a) or 51(2)(c) below” substitute “in relation to which the condition set out in subsection (2)(a) or (c) of section 51 is met”;

• (b) for sub-paragraph (i) substitute—

(i) the court shall first consider whether provision in Criminal Procedure Rules of the sort described in section 51(3A) applies and, if it does, shall deal with the relevant offence accordingly;

.

• (3) In section 51E (interpretation of sections 50A to 51D), omit paragraphs (c) and (d).

Amendments in connection with section 11

12

• (1) Schedule 3 to the Crime and Disorder Act 1998 (procedure where accused sent to the Crown Court for trial) is amended as follows.

• (2) Omit paragraphs 7 to 13.

• (3) In paragraph 15—

• (a) in sub-paragraph (1), for “paragraphs 9 to” substitute “paragraph”;

• (b) omit sub-paragraphs (3) and (4).

13

In section 122(1) of the Coroners and Justice Act 2009 (“allocation guidelines”)—

• (a) the words from “decisions” to the end become paragraph (a);

• (b) in that paragraph, omit the words from “, or the” to “(c. 37),”;

• (c) after that paragraph insert—

(b) decisions by the Crown Court as to whether to exercise the power in section 46ZA(1) of the Senior Courts Act 1981 or section 25A(2) of the Sentencing Code.

14

In section 26 of the Sentencing Code (provision about remission by Crown Court)—

• (a) in the heading, after “youth court” insert “or other magistrates’ court”;

• (b) in subsection (1), at the end insert “or a magistrates’ court under section 25A”;

• (c) in subsection (2), after “youth court” insert “or magistrates’ court”;

• (d) in subsection (3)(b), after “youth court” insert “or magistrates’ court”.

Amendments in connection with section 12

15

• (1) The Crime and Disorder Act 1998 is amended as follows.

• (2) In section 51D (notice to be given on sending to the Crown Court for trial), in subsections (1)(a) and (3), after “section” insert “47(1A),”.

• (3) In section 52 (supplementary provision about sending to the Crown Court for trial), in each of the following places, before “51” insert “47(1A),”—

• (a) the heading;

• (b) subsections (1), (3) and (6).

• (4) In Schedule 3 (procedure where accused sent to the Crown Court for trial)—

• (a) in the heading, for “51” substitute “47(1A), 51 or 51A”;

• (b) in each the following places, before “51” insert “47(1A),”—

• (i) paragraph 1;

• (ii) paragraph 2(1);

• (iii) paragraph 4(1)(a);

• (iv) paragraph 5(2);

• (v) paragraph 6(1).

Amendments in connection with section 13

16

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

• (a) in subsection (1), for “6 months” substitute “the longest term that could be imposed in respect of any one of the offences for which a term of imprisonment is being imposed”;

• (b) in subsection (2), for “6 months” substitute “the longest term otherwise permitted by subsection (1) (if less than 12 months)”.

17

In section 141(5A) of the Environmental Protection Act 1990 (maximum terms for offences under regulations about waste imports and exports), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”.

18

In section 113(10A) of the Scotland Act 1998 (maximum terms for offences under subordinate legislation under that Act), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”.

19

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) In section 155(2) (amendment of section 133(1) of the Magistrates’ Courts Act 1980), for ““6 months”” substitute “the words from “the longest” to “being imposed””.

• (3) In section 283 (power to amend powers to make offences punishable with imprisonment)—

• (a) in subsection (1)—

• (i) omit “or (3)”;

• (ii) omit paragraph (b);

• (b) omit subsection (3).

20

In section 42 of the Gambling Act 2005 (offence of cheating at gambling)—

• (a) in subsection (4)(b), for “51 weeks” substitute “the general limit in a magistrates’ court”;

• (b) in subsection (5), for “51 weeks” substitute “the general limit in a magistrates’ court”.

21

In Part 5 of Schedule 22 to the Sentencing Act 2020 (prospective amendments of the Sentencing Code in relation to custodial sentences)—

• (a) omit paragraph 24;

• (b) before paragraph 25 insert—

(24A) In section 224(1A)(a) (general limit on custodial sentence for summary offence in magistrates’ court), for “6 months” substitute “12 months”.

Schedule 3

Part 1 — Civil proceedings and family proceedings in England and Wales

Power to give practice directions

1

Practice directions may be given in relation to—

• (a) civil proceedings in England and Wales that are governed by Online Procedure Rules;

• (b) family proceedings in England and Wales that are governed by Online Procedure Rules.

Contents of practice directions

2

• (1) Practice directions under paragraph 1(a) may provide for any matter which may be provided for in Online Procedure Rules for civil proceedings in England and Wales.

• (2) Practice directions under paragraph 1(b) may provide for any matter which may be provided for in Online Procedure Rules for family proceedings in England and Wales.

Giving practice directions

3

• (1) Practice directions under paragraph 1 may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

• (2) Practice directions under paragraph 1 may be given otherwise than in accordance with that Part of that Schedule; but, in this case, the directions may not be given without the approval of—

• (a) the Lord Chancellor, and

• (b) the Lord Chief Justice.

• (3) Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—

• (a) the application or interpretation of the law;

• (b) the making of judicial decisions.

• (4) Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only after consultation with the Lord Chancellor (as well as with the approval of the Lord Chief Justice required by sub-paragraph (2)(b)).

Particular provision in practice directions

4

The power under paragraph 1 to give practice directions includes power—

• (a) to vary or revoke directions given under paragraph 1 by any person;

• (b) to give directions containing different provision for different cases (including different areas);

• (c) to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

Part 2 — Proceedings in the First-tier Tribunal and Upper Tribunal

Power to give practice directions

5

Practice directions may be given in relation to—

• (a) proceedings in the First-tier Tribunal that are governed by Online Procedure Rules;

• (b) proceedings in the Upper Tribunal that are governed by Online Procedure Rules.

Contents of practice directions

6

• (1) Practice directions under paragraph 5(a) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in the First-tier Tribunal.

• (2) Practice directions under paragraph 5(b) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in the Upper Tribunal.

Giving practice directions

7

• (1) The Senior President of Tribunals may give practice directions under paragraph 5 in relation to any proceedings.

• (2) The Senior President may not give practice directions without the approval of the Lord Chancellor.

• (3) A Chamber President may give practice directions under paragraph 5 in relation to proceedings in the Chamber of the First-tier Tribunal or Upper Tribunal over which the President presides.

• (4) A Chamber President may not give practice directions without the approval of—

• (a) the Lord Chancellor, and

• (b) the Senior President of Tribunals.

• (5) Neither sub-paragraph (2) nor sub-paragraph (4)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—

• (a) the application or interpretation of the law;

• (b) the making of decisions by members of the First-tier Tribunal or Upper Tribunal.

• (6) Neither sub-paragraph (2) nor sub-paragraph (4)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to hear particular categories of case; but the directions may, to that extent, be given only after consultation with the Lord Chancellor (as well as with the approval of the Senior President of Tribunals if required by sub-paragraph (4)(b)).

Particular provision in practice directions

8

The power under paragraph 5 to give practice directions includes power—

• (a) to vary or revoke directions made in exercise of the power;

• (b) to make different provision for different purposes (including different provision for different areas).

Part 3 — Proceedings in employment tribunals and the Employment Appeal Tribunal

Power to give practice directions

9

Practice directions may be given in relation to—

• (a) proceedings in employment tribunals that are governed by Online Procedure Rules;

• (b) proceedings in the Employment Appeal Tribunal that are governed by Online Procedure Rules.

Contents of practice directions

10

• (1) Practice directions under paragraph 9(a) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in employment tribunals.

• (2) Practice directions under paragraph 9(b) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in the Employment Appeal Tribunal.

Giving practice directions

11

• (1) The Senior President of Tribunals may give practice directions under paragraph 9 in relation to any proceedings.

• (2) The Senior President may not give practice directions without the approval of the Lord Chancellor.

• (3) The President of the Employment Appeal Tribunal may give practice directions under paragraph 9 in relation to proceedings in that Tribunal.

• (4) A territorial president may give practice directions under paragraph 9 in relation to proceedings in the employment tribunals for which the president is responsible.

• (5) The President of the Employment Appeal Tribunal or a territorial president may not give practice directions without the approval of—

• (a) the Lord Chancellor, and

• (b) the Senior President of Tribunals.

• (6) Neither sub-paragraph (2) nor sub-paragraph (5)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—

• (a) the application or interpretation of the law;

• (b) the making of decisions by members of the employment tribunals or of the Employment Appeal Tribunal.

• (7) Neither sub-paragraph (2) nor sub-paragraph (5)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of criteria for determining which members of the employment tribunals or the Employment Appeal Tribunal may be chosen to hear particular categories of case; but the directions may, to that extent, be given only after consultation with the Lord Chancellor (as well as with the approval of the Senior President of Tribunals if required by sub-paragraph (5)(b)).

• (8) In this paragraph “territorial president” means a person appointed in accordance with regulations under section 1(1) of the Employment Tribunals Act 1996 as—

• (a) President of Employment Tribunals (England and Wales), or

• (b) President of Employment Tribunals (Scotland).

Particular provision in practice directions

12

The power under paragraph 9 to give practice directions includes power—

• (a) to vary or revoke directions made in exercise of the power;

• (b) to make different provision for different purposes (including different provision for different areas).

Practice directions relating to mediation

13

• (1) A person exercising the power under paragraph 9 must, when making provision in relation to mediation, have regard to the following principles—

• (a) mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

• (b) where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

• (2) Practice directions under paragraph 9 may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

• (3) The provision that may be made by virtue of sub-paragraph (2) includes provision for a member to act as a mediator in relation to disputed matters in a case even though the member has been chosen to decide matters in the case.

• (4) Before making a practice direction under paragraph 9 that makes provision in relation to mediation, the person making the direction must consult ACAS.

• (5) Once a member has begun to act, in accordance with a practice direction under paragraph 9, as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

• (6) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act in accordance with practice directions under paragraph 9 as mediators in relation to disputed matters in a case that is the subject of proceedings.

• (7) In this paragraph—

• “ACAS” means the Advisory, Conciliation and Arbitration Service;

• “member” means a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges);

• “proceedings” means proceedings before an employment tribunal.

Schedule 4

Employment Tribunals Act 1996

1

• (1) The Employment Tribunals Act 1996 is amended as follows.

• (2) In section 7A (practice directions), after subsection (2E) insert—

(2F) Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except— (a) to such extent as may be provided by— (i) Online Procedure Rules, or (ii) directions under paragraph 9 of Schedule 3 to the Judicial Review and Courts Act 2022, or (b) to such extent as Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.

• (3) In section 29A (practice directions), after subsection (10) insert—

(11) Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except— (a) to such extent as may be provided by— (i) Online Procedure Rules, or (ii) directions under paragraph 9 of Schedule 3 to the Judicial Review and Courts Act 2022, or (b) to such extent as Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.

• (4) In Schedule A1 (inserted by Schedule 5 to this Act), after paragraph 21 insert—

(21A) Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by— (a) Online Procedure Rules, (b) directions under paragraph 9 of Schedule 3 to the Judicial Review and Courts Act 2022, or (c) regulations under section 21(1)(b) of that Act.

Civil Procedure Act 1997

2

• (1) The Civil Procedure Act 1997 is amended as follows.

• (2) In section 1 (Civil Procedure Rules), after subsection (3) insert—

(4) Civil Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by— (a) Online Procedure Rules, (b) directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or (c) regulations under section 21(1)(b) of that Act.

• (3) In section 5 (practice directions), after subsection (6) insert—

(7) Practice directions under this section do not apply to proceedings that are governed by Online Procedure Rules except— (a) to such extent as may be provided by— (i) Online Procedure Rules, or (ii) directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or (b) to such extent as Civil Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.

Courts Act 2003

3

• (1) The Courts Act 2003 is amended as follows.

• (2) In section 75 (Family Procedure Rules), after subsection (5) insert—

(6) Family Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by— (a) Online Procedure Rules, (b) directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or (c) regulations under section 21(1)(b) of that Act.

• (3) In section 81 (practice directions relating to family proceedings), at the end insert—

(6) Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except— (a) to such extent as may be provided by— (i) Online Procedure Rules, or (ii) directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or (b) to such extent as Family Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.

Tribunals, Courts and Enforcement Act 2007

4

• (1) The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

• (2) In section 22 (Tribunal Procedure Rules), after subsection (5) insert—

(6) Tribunal Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by— (a) Online Procedure Rules, (b) directions under paragraph 5 of Schedule 3 to the Judicial Review and Courts Act 2022, or (c) regulations under section 21(1)(b) of that Act.

• (3) In section 23 (practice directions), after subsection (7) insert—

(8) Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except— (a) to such extent as may be provided by— (i) Online Procedure Rules, or (ii) directions under paragraph 5 of Schedule 3 to the Judicial Review and Courts Act 2022, or (b) to such extent as Tribunal Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.

Schedule 5

Part 1 — Making and content of Employment Tribunal Procedure Rules

1

In the Employment Tribunals Act 1996, before Schedule 1 insert—