Courts and Tribunals Bill — Bill 422 2024-26 (as amended in Public Bill Committee) – pdf

Courts and Tribunals Bill
[AS AMENDED IN COMMITTEE]
CONTENTS
PART 1
PROCEEDINGS IN THE CRIMINAL COURTS
Determining mode of trial
1 Removal of right to elect trial on indictment
2 Written indication of guilty plea: removal of right to object to venue
Trial on indictment without jury
3 Trial on indictment without a jury: general rule for allocation
4 Trial on indictment without a jury: complex or lengthy cases
5 Consequential amendments relating to sections 3 and 4
Sentencing powers of magistrates’ courts
6 Increase in maximum custodial sentence in magistrates’ court
Appeals from magistrates’ courts
7 Appeals from magistrates’ courts
Admissibility of evidence
8 Restriction on evidence or questions about complainant’s sexual history
9 Compensation claims in proceedings for sexual offences
10 Evidence about previous false complaints relating to sexual offences
11 Evidence of propensity to commit offences involving domestic abuse
Special measures directions
12 Use of screens etc
13 Witness to be accompanied while giving evidence
14 Exclusion of persons from court
15 Editing of video recorded cross-examination and re-examination
16 Application of special measures to victim impact statements etc
59/1 Bill 422

PART 2
OTHER PROVISION ABOUT COURTS AND TRIBUNALS
Decisions of courts under Children Act 1989
17 Welfare of the child: repeal of presumption of parental involvement
Tribunals
18 Leadership of tribunals
Lay justices’ allowances
19 Lay justices’ allowances
The Crown Court in the City of London
20 Special provision when Crown Court sits in City of London
PART 3
FINAL PROVISIONS
21 Power to make consequential amendments
22 Power to make transitional or saving provision
23 Power to state effect of provisions commencing Sentencing Code amendments
24 Regulations
25 Extent
26 Commencement
27 Short title
New Schedule 3ZA to the Criminal Justice Act 2003 Schedule 1 —
Appeals from magistrates’ courts Schedule 2 —
Amendments of Magistrates’ Courts Act 1980 Part 1 —
Amendments of other legislation Part 2 —
Leadership of tribunals Schedule 3 —
Amendments of Constitutional Reform Act 2005 Part 1 —
Amendments of Tribunals, Courts and Enforcement Act 2007 Part 2 —
Amendments of Employment Tribunals Act 1996 Part 3 —
Amendments of other Acts Part 4 —
Courts and Tribunals Bill ii

[AS AMENDED IN COMMITTEE]
A
BILL
TO
Make provision in relation to criminal courts in England and Wales; to make
provision about the leadership of tribunals; to amend section 1 of the Children
Act 1989 to remove the presumption relating to the involvement of parents
in the life of a child; and for connected purposes.
B
E IT ENACTED by the King’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
PART 1
PROCEEDINGS IN THE CRIMINAL COURTS
Determining mode of trial
1 Removal of right to elect trial on indictment
5(1) Part 1 of the Magistrates’ Courts Act 1980 (criminal jurisdiction and procedure)
is amended in accordance with subsections (2) to (8).
(2) In section 17ZA (option to indicate plea in writing) (as inserted by section 6
of the Judicial Review and Courts Act 2022), in subsection (6), for “neither
10
subsection (3) nor subsection (5) of that section has effect” substitute
“subsection (3) does not have effect”.
(3) In section 17ZC (option to decline summary trial etc following written
indication of not guilty plea) (as inserted by section 6 of the Judicial Review
and Courts Act 2022)—
(a)
15
for the heading substitute “Option for mode of trial to be decided on
papers following written indication of not guilty plea”;
(b) in subsection (1), omit “or (5)”;
(c) in subsection (2), for “neither subsection (3) nor subsection (5) has
effect” substitute “subsection (3) does not have effect”;
(d) in subsection (3)—
20(i) for the words from “If” to “court” substitute “A magistrates’
court”;
59/1 Bill 422
1 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(ii) for paragraph (b) substitute—
“(b) ask the accused whether the accused wishes to
make an election for written allocation
proceedings.”;
5(e) in subsection (4)—
(i) in paragraph (a)(i), for “questions” substitute “question”;
(ii) in paragraph (a)(ii), for the words from “doing” to the end
substitute “making or failing to make an election for written
allocation proceedings”;
10(iii) in paragraph (b), omit “give a written indication of non-consent
to summary trial or”;
(f) omit subsections (5) to (7);
(g) in subsection (8), for “Otherwise, where subsection (3) or (5)” substitute
“Where subsection (3)”;
15(h) in subsection (9)—
(i) in paragraph (a)(i), for “the questions required by subsection
(3) or (5)” substitute “the question required by subsection (3)”;
(ii) in paragraph (a)(ii), omit “or (6)(b)”;
(iii) omit paragraph (b);
20(iv) for paragraph (c) substitute—
“(c) references to a person’s failing to make an
election for written allocation proceedings are
to a person’s—
(i)
25
having been provided with the
information and asked the question
required by subsection (3), and
(ii) not having, within the period indicated
under subsection (4)(b), made an election
for written allocation proceedings.”
30(4) In section 18 (initial procedure on information against adult for offence triable
either way)—
(a) in subsection (1) (as substituted by paragraph 6(7)(a) of Schedule 2 to
the Judicial Review and Courts Act 2022)—
(i)
35
in paragraph (a), omit sub-paragraph (ii) (and the “and” at the
end of sub-paragraph (i));
(ii) in paragraph (b), omit the “and” at the end of sub-paragraph
(i);
(iii) in that paragraph, omit sub-paragraph (ii) (but not the “or”
after it);
40(b) in subsection (1A) (as substituted by paragraph 6(7)(a) of that
Schedule)—
(i) in paragraph (a), omit “that is not a scheduled offence”;
(ii) in that paragraph, omit sub-paragraph (ii) (but not the “and”
after it);
Courts and Tribunals Bill 2
Part 1—Proceedings in the criminal courts

(iii) omit paragraph (b) (but not the “or” after it);
(iv) in paragraph (c), for “neither subsection (3) nor subsection (5)
of section 17ZC has effect” substitute “section 17ZC(3) does
not have effect”;
5(c) in subsection (4A) (as inserted by paragraph 6(7)(b) of that Schedule),
for the words from “where” to the end substitute “where a person
charged with an offence—
(a) has given a written indication of a not guilty plea, and
(b)
10
has made an election for written allocation proceedings
(see section 17ZC(9)).”
(5) In section 20 (procedure where summary trial appears more suitable)—
(a) in subsection (2)—
(i) in paragraph (a), for “it appears to the court more suitable”
substitute “the court has decided that it is more suitable”;
15(ii) omit paragraph (b) (but not the “and” after it);
(iii) in paragraph (c), omit “is tried summarily and”;
(b) in subsection (3), omit “to be tried summarily for the offence and”;
(c) for subsection (9) substitute—
“(9)
20
The court is to proceed to the summary trial of the
information.”
(6) In section 22 (certain offences triable either way to be tried summarily if value
involved is small), after subsection (2) insert—
“(2A) If, where subsection (1) applies—
(a)
25
it appears to the court clear that, for the offence charged, the
value involved exceeds the relevant sum, or
(b) it otherwise does not appear to the court clear that, for the
offence charged, the value involved does not exceed the
relevant sum,
the court shall proceed in accordance with sections 19 to 21.”
30(7) In section 22A (low-value shoplifting to be a summary offence), omit
subsection (2).
(8) In section 23 (power of court to proceed in absence of accused), in subsection
(4), for the words from “then” to the end substitute “, section 20 does not
apply and the court is to proceed to the summary trial of the information.”
35(9) In section 46ZA of the Senior Courts Act 1981 (power of Crown Court to send
persons back to magistrates’ court for trial), in subsection (3), omit paragraph
(b) (and the “and” at the end of paragraph (a)).
(10) In section 47 of the Crime and Disorder Act 1998 (powers of youth courts),
omit subsection (1C).
40(11) In consequence of the amendments made by this section—
3 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(a) in section 51 of the Crime and Disorder Act 1998 (sending cases to
the Crown Court: adults), in subsection (2)(b), for “20(9)(b), 21,
22A(2)(b), 23(4)(b) and (5)” substitute “21, 23(5)”;
(b) in the Criminal Justice and Courts Act 2015, omit section 52;
5(c) in the Judicial Review and Courts Act 2022—
(i) in section 6, omit subsection (3) (written procedure for
determining mode of trial in cases of low-value shoplifting);
(ii) omit section 7 (initial option for adult accused to reject
summary trial at hearing);
10(iii) in paragraph 6 of Schedule 2, omit sub-paragraphs (2)(c), (3)(a),
(4), (7)(c) and (9)(a);
(iv) in paragraph 10(2) of that Schedule, for “20(9)(b), 21, 22A(2)(b),
23(4)(b) and (5)” substitute “21, 23(5)”;
(d)
15
in section 49(2) of the Crime and Policing Act 2026, omit paragraphs
(c), (f) and (g).
2 Written indication of guilty plea: removal of right to object to venue
(1) Section 17ZB of the Magistrates’ Courts Act 1980 (proceedings following
written indication of guilty plea) (as inserted by section 6 of the Judicial
Review and Courts Act 2022) is amended as follows.
20(2) In subsection (5), for paragraph (b) substitute—
“(b) invite the accused to make representations as to whether, if
the accused were to plead guilty at a summary trial of the
offence and be convicted, the sentencing powers of the court
would be adequate.”
25(3) In subsection (6)—
(a) in paragraph (a)(i), for “asked the question set out in” substitute
“invited to make representations as mentioned in”;
(b) in paragraph (a)(ii), for the words from “objecting” to the end substitute
“failing to make any such representations”;
30(c) in paragraph (b), for “object to being so sent” substitute “make any
such representations”.
(4) In subsection (7)—
(a) in paragraph (b), for the words from “may” to the end substitute “may
35
make representations as to whether, if the accused were to plead guilty
at a summary trial of the offence and be convicted, the sentencing
powers of the court would be adequate”;
(b) for paragraph (c) substitute—
“(c) invite the prosecutor to make such representations.”
(5) In subsection (8)—
Courts and Tribunals Bill 4
Part 1—Proceedings in the criminal courts

(a) at the end of paragraph (b) insert “and
(ba) after considering any representations made by the
accused or the prosecutor in accordance with the
5
explanation provided under subsection (6)(b) or (as the
case may be) subsection (7)(b), the court is satisfied that,
were the accused to plead guilty at a summary trial of
the offence and be convicted, the court would commit
the accused to the Crown Court for sentence under
Chapter 2 of Part 2 of the Sentencing Code,”;
10(b) omit paragraphs (c) and (d).
Trial on indictment without jury
3 Trial on indictment without a jury: general rule for allocation
(1) In Part 3 of the Senior Courts Act 1981 (practice and procedure of the Crown
Court, etc), after section 74 insert—
15“Allocation of cases for trial without jury
74A Allocation of cases for trial without a jury
(1) This section applies where one or more defendants are to be tried on
indictment for one or more offences.
(2)
20
The court must, at the prescribed time or times, determine in
accordance with this section whether the trial is to be conducted with
or without a jury.
(3) The trial is to be conducted with a jury if—
(a) the offence, or any of the offences, is triable only on indictment,
or
25(b) the court considers that the condition in subsection (5) is met
in relation to the defendant, or any of the defendants.
(4) In any other case, the trial is to be conducted without a jury.
(5) The condition in this subsection is met in relation to a defendant if
30
the defendant, if convicted of the offence or offences for which the
defendant is to be tried, would be likely to receive a sentence of
imprisonment or detention of more than three years for the offence
or offences (taken together).
(6) See—
(a)
35
section 74B, for provision about when a court that has made
a determination under this section is required to make a fresh
determination;
(b) sections 74C and 74D, for further provision about
determinations under this section or section 74B.
5 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

74B Reallocation of cases following changes to the indictment, etc
(1) In a case where—
(a) a court has made a determination that a trial is to be conducted
without a jury,
5(b) at any time before the conclusion of the trial, there is a relevant
change of circumstances (see subsection (8)), and
(c) as a result, the condition in section 74A(3)(a) is met,
the court must determine that the trial is to be conducted with a jury.
(2) In a case where—
10(a) a court has made a determination that a trial is to be conducted
without a jury,
(b) at any time before the conclusion of the trial, there is a relevant
change of circumstances, and
(c) subsection (1) does not apply,
15the court must determine in accordance with subsections (3) and (4)
whether the trial is to be conducted with or without a jury.
(3) The trial is to be conducted with a jury unless—
(a) the condition in section 74A(3)(b) is not met in relation to the
defendant, or any of the defendants,
20(b) the court considers that it would not be appropriate to
reallocate the trial (see section 74C(6) and (7)), or
(c) the prosecution and the defendant or defendants each consent
to the trial being conducted without a jury.
(4)
25
Where subsection (3)(a), (b) or (c) applies, the trial is to be conducted
without a jury.
(5) In a case where—
(a) a court has made a determination that a trial is to be conducted
with a jury, and
(b)
30
at any time before the beginning of the trial, there is a relevant
change of circumstances,
the court must determine in accordance with subsections (6) and (7)
whether the trial is to be conducted with or without a jury.
(6) The trial is to be conducted without a jury unless—
(a)
35
the condition in subsection (3)(a) of section 74A is met in
relation to the offence, or any of the offences, to be tried,
(b) the condition in subsection (3)(b) of that section is met in
relation to the defendant, or any of the defendants, or
(c) the court considers that it would not be appropriate to
reallocate the trial (see section 74C(6) and (7)).
40(7) In a case where subsection (6)(a), (b) or (c) applies, the trial is to be
conducted with a jury.
Courts and Tribunals Bill 6
Part 1—Proceedings in the criminal courts

(8) For the purposes of this section, there is a relevant change of
circumstances in relation to a trial on indictment if—
(a) the defendants to be tried, or the offences for which they are
5
to be tried, have changed since the last determination (whether
as a result of severing an indictment, joining two or more
indictments or otherwise), or
(b) it appears to the court that there is new evidence that would
or might affect whether or not the condition in section 74A(5)
is met in relation to a defendant to be tried on the indictment.
10(9) For the purposes of this section—
(a) a trial begins with the opening of the prosecution case;
(b) a reference to a trial being conducted without a jury includes,
in a case where the trial has begun, a reference to the trial
being continued without a jury;
15(c) a reference to reallocating a trial is—
(i) where the last determination made in relation to the
trial was for the trial to be conducted without a jury, a
reference to making a determination that the trial is to
be conducted with a jury;
20(ii) where the last such determination was for the trial to
be conducted with a jury, a reference to making a
determination that the trial is to be conducted without
a jury;
(d)
25
“determination” means a determination under section 74A or
this section.
74C Procedure for making determinations under section 74A or 74B
(1) This section applies where a court is required to make a determination
under section 74A or 74B in relation to a trial on indictment.
(2)
30
In making the determination, the court must have regard to any
allocation guidelines (or revised allocation guidelines) issued as
definitive guidelines under section 122 of the Coroners and Justice
Act 2009.
(3) Before determining for the purposes of section 74A or 74B the sentence
35
which a defendant would be likely to receive for any offence or
offences, the court—
(a) must give the prosecution, the defendant and any co-defendant
an opportunity to make representations about that matter, and
(b) must give the prosecution an opportunity to inform the court
of the defendant’s previous convictions (if any).
40(4) In determining for the purposes of section 74A or 74B the sentence
which a defendant would be likely to receive for any offence or
offences, the court—
7 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(a) must consider any representations made under subsection
(3)(a);
(b) must, to such extent as may be prescribed, have regard to any
sentencing guidelines that are relevant to the defendant’s case;
5(c) must disregard any offences charged in the indictment to which
the defendant has pleaded guilty;
(d) must, in a case where in accordance with section 4(5) of the
Criminal Procedure (Insanity) Act 1964 (finding of unfitness
10
to plead) it is determined that the defendant is under a
disability, disregard that disability.
(5) Before determining for the purposes of section 74B whether or not it
would be appropriate to reallocate the trial, the court must give the
prosecution and the defendant (or defendants) an opportunity to make
15
representations about the matters relevant to reallocation (see
subsection (7)).
(6) In determining that question, the court—
(a) must have regard to the matters relevant to reallocation;
(b) must consider any representations made under subsection (5)
about any of those matters;
20(c) may not have regard to any other matters.
(7) The matters relevant to reallocation are—
(a) where the court has, for the purposes of section 74B, determined
the sentence which a defendant would be likely to receive for
25
any offence or offences, the extent to which that sentence differs
from the threshold sentence;
(b) the interests of any person who it is alleged is a victim of the
offence, or any of the offences, charged in the indictment;
(c) the desirability of avoiding the need for any witness to give
evidence again;
30(d) any delay to the proceedings that would or might result from
reallocating the trial;
(e) any costs that would or might be wasted as a result of
reallocating the trial;
(f)
35
any effect which reallocating the trial would or might have on
other business of the Crown Court;
(g) any other prescribed matters.
(8) The court, when having regard to a matter in accordance with
subsection (6)(a), must also have regard to any provision prescribed
in relation to the matter for the purposes of this section.
40(9) In this section—
“co-defendant”, in relation to a defendant charged on an
indictment, means any other person who is charged on that
indictment;
“previous conviction” means—
Courts and Tribunals Bill 8
Part 1—Proceedings in the criminal courts

(a) a previous conviction by a court in the United Kingdom,
or
(b) a previous conviction of a service offence within the
meaning of the Armed Forces Act 2006;
5and for the purposes of paragraph (b) “conviction” includes
anything that under section 376(1) and (2) of that Act is to be
treated as a conviction;
“sentencing guidelines” means sentencing guidelines issued by
10
the Sentencing Council for England and Wales under section
120 of the Coroners and Justice Act 2009 as definitive
guidelines, as revised by any subsequent guidelines so issued;
“the threshold sentence” means a sentence of imprisonment or
detention of three years.
(10)
15
Any reference in this section to reallocating a trial is to be read in
accordance with section 74B(9)(c).
74D Further provision about determinations under section 74A or 74B
(1) There is no right of appeal against a determination under section 74A
or 74B.
(2)
20
A court may make a determination under section 74B without a
hearing.
(3) Sections 74A(3) and 74B(3) and (7) are subject to any other enactment
that enables a trial on indictment to be conducted without a jury.
(4) Nothing in sections 74A to 74C prevents a court from passing a
25
sentence of imprisonment or detention of more than three years on a
person convicted of an offence.
(5) For the purposes of sections 74A to 74C and this section, two or more
consecutive sentences are to be treated as a single sentence.”
(2) The amendments made by subsection (1) apply in relation to any trial on
30
indictment of a person beginning on or after the specified day (regardless of
whether the arraignment of the person on the indictment took place before,
or on or after, that day or the day on which this Act is passed).
(3) For the purposes of subsection (2)—
(a) a trial begins with the opening of the prosecution case;
(b) “the specified day” means a day that—
35(i) falls after the end of the period of three months beginning with
the day on which subsection (1) comes into force, and
(ii) is specified in regulations made by the Lord Chancellor.
(4) In a case where section 74A of the Senior Courts Act 1981 applies in relation
40
to a trial on indictment of a person and the arraignment of the person on the
indictment took place before the coming into force of that section—
9 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(a) the court must, as soon as is reasonably practicable, make a
determination under that section as to whether the trial is to be
conducted with or without a jury, and
(b) the court may make that determination without a hearing.
54 Trial on indictment without a jury: complex or lengthy cases
(1) The Criminal Justice Act 2003 is amended in accordance with subsections (2)
to (5).
(2) After Part 6 insert—
“PART 6A
10TRIALS ON INDICTMENT WITHOUT A JURY: COMPLEX OR LENGTHY CASES
42A Power to order certain complex or lengthy cases to be tried without
a jury in England and Wales
(1) This section applies where—
(a)
15
one or more defendants are to be tried on indictment for one
or more offences,
(b) one or more of the offences is an offence listed in Part 1 of
Schedule 3ZA,
(c) none of the offences is an excluded offence (see section 42B),
and
20(d) a preparatory hearing has been ordered under section 7 of the
Criminal Justice Act 1987 or section 29 of the Criminal
Procedure and Investigations Act 1996.
(2) The court may, at any time before the beginning of the trial, make an
25
order under this section that the trial is to be conducted without a
jury (but see subsection (3)).
(3) The court may make an order under this section only if—
(a) the court is satisfied that the likely complexity of the trial or
the likely length of the trial (or both) makes it appropriate for
the trial to be conducted without a jury,
30(b) the court does not consider that it is in the public interest for
the trial to be conducted with a jury, and
(c) the court does not consider that there are any other reasons
why it would be more appropriate for the trial to be conducted
with a jury.
35(4) Where the court is proposing to make an order under this section, the
court must—
(a) give the prosecution and the defendant (or defendants) an
opportunity to make representations about whether or not it
should make the order, and
40(b) consider any such representations.
Courts and Tribunals Bill 10
Part 1—Proceedings in the criminal courts

(5) There is no right of appeal against a decision to make, or not to make,
an order under this section.
(6) For the purposes of this section, a trial begins with the opening of the
prosecution case.
5(7) For provision enabling or requiring the court to revoke an order made
under this section, see section 42C.
(8) See also section 79A of the Senior Courts Act 1981 (which contains
further provision about trials conducted without a jury by virtue of
this section).
1042B Excluded offences for purposes of section 42A
(1) This section applies for the purposes of section 42A.
(2) “Excluded offence” means—
(a) a homicide offence;
(b) a sexual offence that is triable only on indictment;
15(c) an ancillary offence in relation to an offence within paragraph
(a) or (b).
(3) “Homicide offence” means any of the following offences—
(a) murder;
(b) manslaughter;
20(c) an offence under section 4 of the Offences against the Person
Act 1861 (conspiring or soliciting to commit murder);
(d) an offence of child destruction under section 1(1) of the Infant
Life (Preservation) Act 1929;
(e)
25
an offence of infanticide under section 1 of the Infanticide Act
1938;
(f) an offence under section 2 of the Suicide Act 1961 (encouraging
or assisting suicide, etc);
(g) an offence under section 1, 3ZB, 3ZC, 3A, 3D(1), 27A or 34C(1)
30
of the Road Traffic Act 1988 (offences of causing death by
dangerous driving or cycling, etc);
(h) an offence under section 22B of that Act (offence of causing
danger to road-users resulting in death), where the offence
relates to causing a person’s death;
(i)
35
an offence under section 5 of the Domestic Violence, Crime
and Victims Act 2004 (causing or allowing the death of a child
or vulnerable adult);
(j) an offence of corporate manslaughter under section 1 of the
Corporate Manslaughter and Corporate Homicide Act 2007.
(4) “Sexual offence” means—
40(a) an offence under Part 1 of the Sexual Offences Act 1956, or
(b) an offence under Part 1 of the Sexual Offences Act 2003.
11 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(5) “Ancillary offence”, in relation to an offence within subsection (2)(a)
or (b) (a “relevant offence”) means—
(a) an offence of attempting or conspiring to commit a relevant
offence;
5(b) an offence under Part 2 of the Serious Crime Act 2007 in
relation to a relevant offence;
(c) an offence of inciting a person to commit a relevant offence;
(d) an offence of aiding, abetting, counselling or procuring the
commission of a relevant offence.
1042C Revocation of orders made under section 42A
(1) This section applies where a court has made an order under section
42A in relation to a trial on indictment.
(2) The court may revoke the order at any time before the conclusion of
the trial.
15(3) The court must revoke the order if, at any time before the conclusion
of the trial—
(a) the condition in section 42A(1)(c) ceases to be met, or
(b) the court considers that it is in the public interest for the trial
to be conducted with a jury.
20(4) The court must revoke the order if, at any time before the conclusion
of the trial—
(a) the condition in section 42A(1)(b) ceases to be met, or
(b) the court is no longer satisfied that the likely complexity of the
25
trial or the likely length of the trial (or both) makes it
appropriate for the trial to be conducted without a jury.
(5) But an order may not be revoked under subsection (4) if—
(a) the court considers that it would not be appropriate to do so,
or
(b)
30
the prosecution and the defendant or defendants each consent
to the trial being conducted (or continued) without a jury.
(6) Before revoking an order under subsection (2) or (4), the court must
give the prosecution and the defendant (or defendants) an opportunity
to make representations about whether it would be appropriate to do
so.
35(7) For the purposes of determining whether to revoke an order under
subsection (2) or (4), the court—
(a) must consider any representations made under subsection (6);
(b) may have regard to any matters it considers relevant;
(c)
40
in a case where subsection (4) applies, must have regard to the
matters relevant to revocation (see subsection (8)).
(8) The matters relevant to revocation are—
Courts and Tribunals Bill 12
Part 1—Proceedings in the criminal courts

(a) the interests of any person who it is alleged is a victim of the
offence, or any of the offences, charged in the indictment;
(b) the desirability of avoiding the need for any witness to give
evidence again;
5(c) any delay to the proceedings that would or might result from
revoking the order;
(d) any costs that would or might be wasted as a result of revoking
the order;
(e)
10
any effect which revoking the order would or might have on
other business of the Crown Court;
(f) any other matters specified in Criminal Procedure Rules.
(9) The court, when having regard to a matter in accordance with
subsection (7)(c), must also have regard to any provision specified in
relation to the matter for the purposes of this section.
15In this subsection “specified” means specified in Criminal Procedure
Rules.
(10) There is no right of appeal against a decision made for the purposes
of this section.
(11)
20
The court may determine without a hearing whether or not an order
under section 42A is to be revoked under this section.
(12) Nothing in this section prevents the making of a fresh order under
section 42A in relation to the trial.”
(3) In the heading of Part 7 (trials on indictment without a jury), at the end insert
“: jury tampering”.
25(4) In section 330 (orders and rules), in subsection (5)(a)—
(a) omit the “and” after “section 325(7)”, and
(b) after the entry relating to section 325(7) insert—
“paragraph 20 of Schedule 3ZA,”.
(5) After Schedule 3 insert the Schedule 3ZA set out in Schedule 1.
30(6) The amendments made by subsections (2) to (5) apply in relation to any trial
beginning on or after the specified day (regardless of whether the preparatory
hearing was ordered before, or on or after, that day or the day on which this
Act is passed).
(7)
35
In a case where section 42A of the Criminal Justice Act 2003 applies in relation
to a trial and the preparatory hearing was ordered before the day on which
subsections (2) to (5) come into force, an order may be made under that
section without a hearing.
(8) For the purposes of subsections (6) and (7)—
(a) a trial begins with the opening of the prosecution case;
40(b) “the specified day” means a day that—
13 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(i) falls after the end of the period of three months beginning with
the day on which subsections (2) to (5) come into force, and
(ii) is specified in regulations made by the Lord Chancellor;
(c)
5
“preparatory hearing” means a preparatory hearing under section 7
of the Criminal Justice Act 1987 or section 29 of the Criminal Procedure
and Investigations Act 1996.
5 Consequential amendments relating to sections 3 and 4
(1) In section 4A of the Criminal Procedure (Insanity) Act 1964 (finding that the
accused did the act or made the omission charged), after subsection (5) insert—
10“(6) In the case of a trial that is to be, or is being, conducted without a
jury by virtue of section 74A or 74B of the Senior Courts Act 1981 or
section 42A of the Criminal Justice Act 2003, the determination under
subsection (2) is to be made by the court without a jury; and references
in this section to the jury are to be read accordingly.”
15(2) The Senior Courts Act 1981 is amended in accordance with subsections (3)
and (4).
(3) In section 79 (practice and procedure in connection with indictable offences
and appeals), in subsection (2)(a), omit “by jury”.
(4) After section 79 insert—
20“79A Trials on indictment without a jury: supplementary provision
(1) This section applies where, by virtue of section 74A or 74B of this Act
or section 42A of the Criminal Justice Act 2003, a trial is conducted
without a jury.
(2)
25
The court is to have all the powers, authorities and jurisdiction which
the court would have had if the trial had been conducted with a jury
(including power to determine any question and to make any finding
which would be required to be determined or made by a jury).
(3) Except where the context otherwise requires, any reference in an
30
enactment, or an instrument made under an enactment, to a jury, the
verdict of a jury or the finding of a jury is to be read, in relation to a
trial conducted without a jury, as a reference to the court, the verdict
of the court or the finding of the court.
(4) Where the court convicts or (as the case may be) acquits a defendant,
35
the court must give a judgment which states the reasons for the
conviction or acquittal.
(5) The judgment must be given at, or as soon as reasonably practicable
after, the time of the conviction or acquittal.
(6) Where the court convicts the defendant, the reference in section 18(2)
40
of the Criminal Appeal Act 1968 (notice of appeal or of application
1
for leave to appeal to be given within 28 days from date of conviction
Courts and Tribunals Bill 14
Part 1—Proceedings in the criminal courts

etc) to the date of the conviction is to be read as a reference to the
date of the judgment given for the purposes of subsection (4).”
(5) In section 48 of the Criminal Justice Act 2003 (further provision about trials
without a jury), after subsection (5) insert—
5“(5A) Where a trial is conducted or continued without a jury and the court
acquits a defendant, the court must give a judgment which states the
reasons for the acquittal at, or as soon as reasonably practicable after,
the time of the acquittal.”
(6)
10
In section 19 of the Domestic Violence, Crime and Victims Act 2004 (effect
of order that certain counts in indictment to be tried without jury), after
subsection (4) insert—
“(4A) Where a trial of a count is conducted or continued without a jury
because of an order under section 17(2) and the court acquits the
15
defendant of that count, the court must give a judgment which states
the reasons for the acquittal at, or as soon as reasonably practicable
after, the time of the acquittal.”
(7) In section 122 of the Coroners and Justice Act 2009 (allocation guidelines), in
subsection (1), after paragraph (b) insert—
“(c)
20
decisions by the Crown Court under section 74A or 74B of the
Senior Courts Act 1981 as to whether a trial is to be conducted
with or without a jury.”
Sentencing powers of magistrates’ courts
6 Increase in maximum custodial sentence in magistrates’ court
Maximum for single offence
25(1) In Schedule 23 to the Sentencing Act 2020 (powers to amend the Sentencing
Code), in paragraph 14A (general limit on magistrates’ court’s power to
impose custodial sentence), for sub-paragraph (1) substitute—
“(1) The Secretary of State may by regulations amend section 224(1A)(b)
30
(general limit on custodial sentence for either-way offence in
magistrates’ court) so as to substitute a reference to any period
listed in sub-paragraph (1A) for a reference to any other period
listed in that sub-paragraph.
(1A) The periods referred to in sub-paragraph (1) are—
(a) 6 months;
35(b) 12 months;
(c) 18 months;
(d) 24 months.”
Maximum for two or more offences
15 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(2) In section 133 of the Magistrates’ Courts Act 1980 (consecutive terms of
imprisonment)—
(a) in subsection (1)—
(i) after “imposes” insert “, in respect of two or more offences,”;
5(ii) for the words from “exceed” to the end substitute “exceed—
(a) where each of the offences is a summary offence,
6 months;
(b) in any other case, the longest term that could
10
be imposed in respect of any one of the
offences”;
(b) in subsection (2), for “12 months”, in both places it occurs, substitute
“the relevant limit”;
(c) after subsection (2) insert—
“(2ZA) In subsection (2) “the relevant limit” means—
15(a) the general limit in a magistrates’ court, or
(b) if the general limit in a magistrates’ court is less than
12 months, 12 months.”
(3) In consequence of the amendments made by subsection (2)—
(a) omit section 155 of the Criminal Justice Act 2003;
20(b) in Schedule 2 to the Judicial Review and Courts Act 2022, omit
paragraphs 16(a) and 19(2).
Cases where general limit exceeds maximum term on indictment
(4) In Part 10 of the Sentencing Act 2020 (custodial sentences), in Chapter 1
(general provisions), after section 224 insert—
25“224A Cases where general limit exceeds maximum term on indictment
(1) This section applies if—
(a) a person is convicted by a magistrates’ court of an offence
triable either way, and
(b)
30
at the time of conviction, the period specified in section
224(1A)(b) is greater than the maximum term of imprisonment
on conviction on indictment for the offence (“the relevant
maximum”).
(2) The magistrates’ court does not have power to impose imprisonment
35
or detention in a young offender institution for a term exceeding the
relevant maximum.”
(5) In section 32 of the Magistrates’ Courts Act 1980 (penalties on summary
conviction for offences triable either way), after subsection (1) insert—
“(1A) For provision limiting the sentencing powers of a court where the
40
general limit in a magistrates’ court is greater than the maximum term
of imprisonment on conviction on indictment for an offence, see section
224A of the Sentencing Code.”
Courts and Tribunals Bill 16
Part 1—Proceedings in the criminal courts

(6) In section 282 of the Criminal Justice Act 2003 (increase in maximum term
that may be imposed on summary conviction of offence triable either way),
after subsection (3) insert—
“(3A)
5
For provision limiting the sentencing powers of a court where the
general limit in a magistrates’ court is greater than the maximum term
of imprisonment on conviction on indictment for an offence, see section
224A of the Sentencing Code.”
(7) In section 13 of the Judicial Review and Courts Act 2022 (maximum term of
10
imprisonment on summary conviction for either-way offence), after subsection
(7) insert—
“(7A) For provision limiting the sentencing powers of a court where the
general limit in a magistrates’ court is greater than the maximum term
of imprisonment on conviction on indictment for an offence, see section
224A of the Sentencing Code.”
15(8) On the coming into force of section 61 of the Criminal Justice and Courts
Services Act 2000 (abolition of sentences of detention in a young offender
institution), in section 224A(2) of the Sentencing Act 2020, omit “or detention
in a young offender institution”.
Appeals from magistrates’ courts
207 Appeals from magistrates’ courts
Schedule 2 contains provision about—
(a) appeals against conviction or sentence by magistrates’ courts, and
(b) appeals against certain other decisions of magistrates’ courts.
Admissibility of evidence
258 Restriction on evidence or questions about complainant’s sexual history
(1) In the Youth Justice and Criminal Evidence Act 1999 (“the 1999 Act”), Part 2
(giving of evidence or information for purposes of criminal proceedings) is
amended in accordance with subsections (2) to (7).
(2)
30
In the heading of Chapter 3, for “in proceedings for sexual offences” substitute
“: restrictions on certain evidence or questions”.
(3) Before section 41 insert—
“Sexual behaviour of the complainant”.
(4) In section 41 (restriction on evidence or questions about complainant’s sexual
history)—
35(a) in subsection (1)—
(i) for the words from the beginning to “then” substitute “At the
trial of any offence”;
17 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(ii) in the words after paragraph (b), omit “at the trial”;
(b) in subsection (2), for the words from “satisfied” to the end substitute
“satisfied that the evidence which the accused proposes to adduce, or
which the question is intended to elicit—
5(a) has substantial probative value in relation to a matter
which—
(i) is a matter in issue in the proceedings, and
(ii) is of substantial importance in the context of the
case as a whole, or
10(b) is important explanatory evidence.”;
(c) after subsection (2) insert—
“(2A) In assessing the probative value of evidence for the purposes
of subsection (2)(a) the court must have regard to the following
factors (and to any others it considers relevant)—
15(a) the nature and number of the events, or other things,
to which the evidence relates;
(b) when those events or things are alleged to have
happened or existed;
(c)
20
where it is suggested that the evidence has probative
value by reason of similarity between—
(i) the sexual behaviour to which the evidence
relates, and
(ii) any other alleged sexual behaviour of the
complainant,
25the nature and extent of the similarities and the
dissimilarities between each of the alleged instances of
sexual behaviour;
(d) the extent to which the evidence is, in the opinion of
30
the court, necessary to enable evidence adduced, or to
be adduced, by or on behalf of another party to be
rebutted or explained by or on behalf of the accused;
(e) the extent to which the suggested probative value of
the evidence relies on a matter which is disputed by
35
another party but which is not itself of substantial
importance in the context of the case as a whole;
(f) the extent to which the suggested probative value of
the evidence relies on the drawing of an inference that
does not appear to the court to be one which may
properly be drawn from the evidence.
40(2B) For the purposes of subsection (2)(b) evidence is important
explanatory evidence if—
(a) without it, the court or jury would find it impossible
or difficult properly to understand other evidence in
the case, and
Courts and Tribunals Bill 18
Part 1—Proceedings in the criminal courts

(b) its value for understanding the case as a whole is
substantial.”;
(d) omit subsections (3) to (5);
(e) for subsection (6) substitute—
5“(6) For the purposes of subsection (2) the evidence must relate to
a specific instance (or specific instances) of alleged sexual
behaviour on the part of the complainant (and accordingly
nothing in that subsection is capable of applying in relation to
the evidence to the extent that it does not so relate).”;
10(f) omit subsection (7).
(5) In section 42 (interpretation and application of section 41)—
(a) for subsection (1) substitute—
“(1) In section 41 “sexual behaviour” means any sexual behaviour
15
or other sexual experience, whether or not involving any
accused or other person; but this is subject to subsection (1A).
(1A) Where the offence with which the accused is charged is a sexual
offence, references in section 41 to “sexual behaviour” (except
in section 41(2A)(c)(ii)) do not include anything alleged to have
20
taken place as part of the event which is the subject matter of
the charge.”;
(b) omit subsection (2).
(6) In section 43 (procedure on applications under section 41), in subsection (3)(a),
for “subsection (3) or (5) of section 41” substitute “section 41(2)”.
(7)
25
In section 62 (meaning of “sexual offence” and other references to offences),
in subsection (2), for the words after “include” substitute “—
(a) a reference to an offence which consists of attempting or
conspiring to commit, or of aiding, abetting, counselling,
procuring or inciting the commission of, the substantive offence,
and
30(b) a reference to an offence under Part 2 of the Serious Crime Act
2007 in relation to which the substantive offence is the offence
(or one of the offences) which the person intended or believed
would be committed.”
(8)
35
In consequence of the repeal made by subsection (5)(b), in section 64 of the
1999 Act (regulations and orders), in subsection (3)(a), omit “, 42(2)”.
9 Compensation claims in proceedings for sexual offences
(1) Chapter 3 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(giving of evidence for purposes of criminal proceedings: protection of
complainants) is amended as follows.
19 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(2) After section 43 insert—
“Compensation claims relating to sexual offences
43A Restriction on evidence or questions about compensation claims in
proceedings for sexual offences
5(1) If at a trial a person is charged with a sexual offence, then, except
with the leave of the court—
(a) no evidence may be adduced, and
(b) no question may be asked in cross-examination,
10
by or on behalf of any party at the trial, about any relevant claim
made by the complainant.
(2) In this section “relevant claim” means any claim or application for
damages or compensation in respect of injury, loss or damage resulting
from the sexual offence with which the accused is charged.
(3)
15
The court may give leave in relation to any evidence or question only
on an application made by or on behalf of the party seeking to adduce
the evidence or ask the question.
(4) The court may not give such leave unless it is satisfied that the
evidence which it is proposed be adduced, or which the question is
20
intended to elicit, has substantial probative value in relation to a matter
which—
(a) is a matter in issue in the proceedings, and
(b) is of substantial importance in the context of the case as a
whole.
(5)
25
In assessing the probative value of evidence for the purposes of
subsection (4), the court must have regard to the extent to which the
suggested probative value of the evidence relies on the drawing of an
inference that does not appear to the court to be one which may
properly be drawn from the evidence.
(6)
30
Where this section applies in relation to a trial by virtue of the fact
that one or more of a number of persons charged in the proceedings
is or are charged with a sexual offence—
(a) it ceases to apply in relation to the trial if the prosecutor decides
not to proceed with the case against that person or those
persons in respect of that charge, but
35(b) it does not cease to do so in the event of that person or those
persons pleading guilty to, or being convicted of, that charge.
(7) Nothing in this section authorises any evidence to be adduced or any
question to be asked which cannot be adduced or asked apart from
this section.
Courts and Tribunals Bill 20
Part 1—Proceedings in the criminal courts

43B Application of section 43A and procedure on applications
(1) Section 43A applies in relation to the following proceedings as it
applies to a trial—
(a)
5
proceedings before a magistrates’ court inquiring into an
offence as examining justices,
(b) the hearing of an application under paragraph 5(1) of Schedule
6 to the Criminal Justice Act 1991 (application to dismiss charge
following notice of transfer of case to Crown Court),
(c)
10
the hearing of an application under paragraph 2(1) of Schedule
3 to the Crime and Disorder Act 1998 (application to dismiss
charge by person sent for trial under section 51 or 51A of that
Act),
(d) any hearing held, between conviction and sentencing, for the
15
purpose of determining matters relevant to the court’s decision
as to how the accused is to be dealt with, and
(e) the hearing of an appeal,
and references in section 43A to a person charged with an offence
accordingly include a person convicted of an offence.
(2)
20
Criminal Procedure Rules may make provision about applications for
leave under section 43A, and may in particular make provision—
(a) requiring applications for leave to specify, in relation to each
item of evidence or question to which they relate, particulars
of the grounds on which it is asserted that leave should be
given by virtue of section 43A(4);
25(b) enabling the court to request a party to the proceedings to
provide the court with information which it considers would
assist it in determining an application for leave;
(c) for the manner in which confidential or sensitive information
30
is to be treated in connection with such an application, and in
particular as to its being disclosed to, or withheld from, parties
to the proceedings.”
(3) After section 43B (inserted by subsection (2)) insert—
“General
43C Assumption of truth in assessment of probative value
35(1) Subject to subsection (2), a reference in this Chapter to the probative
value of evidence is a reference to its probative value on the
assumption that it is true.
(2) In assessing the probative value of an item of evidence for any purpose
40
of this Chapter, a court need not assume that the evidence is true if
it appears, on the basis of any material before the court (including
any evidence it decides to hear on the matter), that no court or jury
could reasonably find it to be true.”
21 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

10 Evidence about previous false complaints relating to sexual offences
(1) In Part 11 of the Criminal Justice Act 2003, Chapter 1 (evidence of bad
character) is amended in accordance with subsections (2) and (3).
(2) In section 100 (non-defendant’s bad character)—
5(a) after subsection (1) insert—
“(1A) See section 100A (previous false complaints relating to sexual
offences) for additional restrictions on the admissibility of
evidence of the bad character of the complainant.”;
(b) for subsection (4) substitute—
10“(4) Evidence of the bad character of a person other than the
defendant must not be given without leave of the court unless—
(a) subsection (1)(c) applies, and
(b) the evidence is not previous false complaint evidence
within the meaning given by section 100A(3).”
15(3) After section 100 insert—
“100A Previous false complaints relating to sexual offences
(1) In criminal proceedings for an offence, evidence of the bad character
of the complainant which is previous false complaint evidence is not
20
admissible unless the court is satisfied that the proper evidential basis
condition is met (see subsection (4)).
(2) Subsection (1) applies in addition to section 100.
(3) For the purposes of subsection (1) evidence is “previous false complaint
evidence” if the evidence relates to an allegation that—
(a)
25
the complainant has at any time made an allegation (“the
previous allegation”) that the complainant is a person against
or in relation to whom a sexual offence, other than the offence
with which the defendant is now charged (if it is a sexual
offence), has been committed, and
(b) the previous allegation was false.
30(4) The proper evidential basis condition is that there is material before
the court on the basis of which the court or jury could properly
conclude that—
(a) the complainant made the previous allegation, and
(b) the previous allegation was false.
35(5) For the purposes of this section, material is not to be regarded as
material on the basis of which the court or jury could properly
conclude that the previous allegation was false merely because it is
material on the basis of which the court or jury could reasonably find
one or more of the matters specified in subsection (6) to be true.
40(6) The matters mentioned in subsection (5) are—
Courts and Tribunals Bill 22
Part 1—Proceedings in the criminal courts

(a) that the previously alleged offence was not reported to the
police or another investigating authority as soon as reasonably
practicable after its alleged commission;
(b)
5
that the complainant did not cooperate with a request made
for the purposes of—
(i) the investigation of the previously alleged offence, or
(ii) the prosecution of the alleged perpetrator;
(c) that the alleged perpetrator—
(i) denies having committed the previously alleged offence,
10(ii) has not been prosecuted for the previously alleged
offence, or
(iii) has been acquitted of the previously alleged offence.
(7) In subsection (6)—
(a)
15
“the previously alleged offence” means the sexual offence to
which the previous allegation related, and
(b) “the alleged perpetrator” means the person alleged by the
complainant to have committed the previously alleged offence.
(8) References in this section to a sexual offence are to an act which, at
the time at which the act is alleged to have been done—
20(a) constituted an England and Wales sexual offence,
(b) constituted an offence under section 42 of the Armed Forces
Act 2006 as respects which the corresponding offence under
the law of England and Wales (within the meaning given by
that section) was an England and Wales sexual offence, or
25(c) where the act is alleged to have been done in a country outside
England and Wales—
(i) constituted an offence under the law of that country,
and
(ii)
30
if done in England and Wales, would have constituted
an England and Wales sexual offence.
(9) In this section—
“complainant”, in relation to the offence mentioned in subsection
(1), means a person against or in relation to whom the offence
is alleged to have been committed;
35“England and Wales sexual offence” means—
(a) any offence under Part 1 of the Sexual Offences Act
2003;
(b) an offence under section 2 of the Modern Slavery Act
40
2015 (human trafficking) committed with a view to
exploitation that consists of or includes behaviour within
section 3(3) of that Act (sexual exploitation);
(c) a relevant superseded offence;
(d) an offence which consists of attempting or conspiring
1
to commit, or of aiding, abetting, counselling, procuring
23 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

or inciting the commission of, an offence within
paragraph (a), (b) or (c);
(e) an offence under Part 2 of the Serious Crime Act 2007
5
in relation to which the offence (or one of the offences)
which the person intended or believed would be
committed is an offence within paragraph (a) or (b);
“investigating authority” means a person with the function of
investigating offences;
“relevant superseded offence” means—
10(a) rape, or burglary with intent to rape;
(b) an offence under any of sections 2 to 12 and 14 to 17
of the Sexual Offences Act 1956 (unlawful intercourse,
indecent assault, forcible abduction etc);
(c)
15
an offence under section 128 of the Mental Health Act
1959 (unlawful intercourse with person receiving
treatment for mental disorder by member of hospital
staff etc);
(d) an offence under section 1 of the Indecency with
20
Children Act 1960 (indecent conduct towards child
under 14);
(e) an offence under section 54 of the Criminal Law Act
1977 (incitement of child under 16 to commit incest).”
(4) In Schedule 6 to the Criminal Justice Act 2003 (evidence of bad character:
25
armed forces), the reference in paragraph 1 to sections 98 to 106 of that Act
includes a reference to—
(a) section 100 of that Act as amended by subsection (2) of this section,
and
(b) section 100A of that Act as inserted by subsection (3) of this section.
11 Evidence of propensity to commit offences involving domestic abuse
30(1) Section 103 of the Criminal Justice Act 2003 (defendant bad character evidence:
matters in issue between defendant and prosecution) is amended in accordance
with subsections (2) to (7).
(2) In subsection (2)—
(a) omit the “or” at the end of paragraph (a);
35(b) at the end of paragraph (b) insert “, or
(c) a domestic abuse offence, if it is alleged that the offence
with which the defendant is charged involved behaviour
by the defendant amounting to domestic abuse.”
(3) In subsection (4), at the end insert—
40“(c) an offence under the law of England and Wales is a “domestic
abuse offence” if it involves behaviour by the defendant
amounting to domestic abuse.”
Courts and Tribunals Bill 24
Part 1—Proceedings in the criminal courts

(4) In subsection (7), at the end insert “and for the purpose of determining if the
previous offence is a domestic abuse offence”.
(5) In subsection (8), at the end insert—
“(c)
5
the previous offence is a “domestic abuse offence” if it involves
behaviour by the defendant amounting to domestic abuse.”
(6) In subsection (10), at the end insert—
“(c) the previous service offence is a “domestic abuse offence” if it
involves behaviour by the defendant amounting to domestic
abuse.”
10(7) In subsection (11), before the definition of “Her Majesty’s forces” insert—
““domestic abuse” has the same meaning as in the Domestic Abuse Act
2021 (see section 1 of that Act);”.
(8) In Schedule 6 to the Criminal Justice Act 2003 (evidence of bad character:
15
armed forces), the reference in paragraph 1 to sections 98 to 106 of that Act
includes a reference to section 103 of that Act as amended by this section.
Special measures directions
12 Use of screens etc
(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
20
(special measures directions in case of vulnerable and intimidated witnesses)
is amended as follows.
(2) After section 22A insert—
“22B Special provisions relating to use of screens etc: witnesses eligible
by virtue of section 17
(1) This section applies where, in any criminal proceedings—
25(a) a party to the proceedings makes an application under section
19(1)(a) for a special measures direction in relation to a witness
in the proceedings,
(b) the party requests that the special measures direction make
30
such provision as is described in section 23 (use of screens etc),
and
(c) the court determines for the purposes of section 19(2) that the
witness is eligible for assistance by virtue of section 17.
(2) The court must—
(a) first have regard to subsections (3) and (4), and
35(b) then have regard to section 19(2);
and for the purposes of section 19(2), as it then applies to the witness,
any special measure required to be applied in relation to the witness
by virtue of this section is to be treated as if it were a measure
1
determined by the court, pursuant to section 19(2)(a) and (b)(i), to be
25 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

one that (with any other special measures) would be likely to maximise,
so far as practicable, the quality of the witness’s evidence.
(3) If a special measures direction is given in relation to the witness that—
(a)
5
provides for the witness’s evidence, or any part of it, to be
given by means of a live link, or
(b) provides for any cross-examination of the witness, and any
re-examination, to be recorded by means of video recording
under section 28,
10
the special measures direction must also make such provision as is
described in section 23(1)(b).
(4) The requirement in subsection (3) does not apply to the extent that it
appears to the court that it would be contrary to the interests of justice
to give a direction complying with the requirement.
(5)
15
In determining whether it would be contrary to the interests of justice
to give a special measures direction complying with the requirement
in subsection (3), the court must take into account, in particular—
(a) the extent to which provision such as is described in section
23 would, in its opinion, be likely to improve the quality of
evidence given by the witness;
20(b) whether such provision might tend to inhibit the evidence
given by the witness being effectively tested by a party to the
proceedings.”
(3) In section 23 (screening witness from accused)—
(a) for the heading substitute “Use of screens etc”;
25(b) for subsection (1) substitute—
“(1) A special measures direction may—
(a) provide for the witness, while giving testimony or being
sworn in court, to be prevented by means of a screen
or other arrangement from seeing the accused;
30(b) provide for the accused to be prevented, by means of
a screen or other arrangement, from seeing the witness
giving evidence.”;
(c) after subsection (3) insert—
“(4)
35
For the purposes of subsection (1)(b), the reference to the
witness giving evidence includes the witness—
(a) giving testimony or being sworn in court,
(b) giving evidence by means of a live link, or
(c) being cross-examined or re-examined in pursuance of
section 28.
40(5) References in this section to a person seeing, or being seen by,
another person are to be read as including a person seeing, or
being seen by, another person by means of—
(a) a live link, or
Courts and Tribunals Bill 26
Part 1—Proceedings in the criminal courts

(b) arrangements put in place for the purposes of section
28(2).”
(4) In section 28 (video recorded cross-examination or re-examination), after
subsection (3) insert—
5“(3A) The requirement in subsection (2)(b) that the accused be able to see
any cross-examination or re-examination of the witness is subject to
any provision made by virtue of section 23(1)(b) (use of screens etc).”
13 Witness to be accompanied while giving evidence
(1)
10
After section 22B of the Youth Justice and Criminal Evidence Act 1999 (as
inserted by section 12 of this Act) insert—
“22C Special provisions relating to independent supporters
(1) This section applies where, in any criminal proceedings—
(a) a party to the proceedings makes an application under section
15
19(1)(a) for a special measures direction in relation to a witness
in the proceedings,
(b) the party requests that the direction provide under section 24A
for a person specified in the application, or a person of a
description specified in the application, to accompany the
witness, and
20(c) the person, or description of person, specified in the application
is an independent supporter.
(2) The court must—
(a) first have regard to subsections (3) and (4), and
(b) then have regard to section 19(2);
25and for the purposes of section 19(2), as it then applies to the witness,
any special measure required to be applied in relation to the witness
by virtue of this section is to be treated as if it were a measure
determined by the court, pursuant to section 19(2)(a) and (b)(i), to be
30
one that (whether on its own or with any other special measures)
would be likely to maximise, so far as practicable, the quality of the
witness’s evidence.
(3) The court must give a special measures direction in relation to the
witness which provides under section 24A for an independent
supporter to accompany the witness.
35(4) The requirement in subsection (3) does not apply to the extent that it
appears to the court that it would be contrary to the interests of justice
to give a direction complying with the requirement.
(5) In this section “independent supporter” means an individual who
40
performs a role which involves the provision of support to witnesses
in criminal proceedings or victims of criminal conduct, where the
support relates to those proceedings or that conduct.
27 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

(6) For the purposes of subsection (5), “victim” and “criminal conduct”
have the same meaning as in Part 1 of the Victims and Prisoners Act
2024 (see section 1 of that Act).”
(2) After section 24 of the Youth Justice and Criminal Evidence Act 1999 insert—
5“24A Witness to be accompanied while giving evidence
(1) A special measures direction may provide for a person specified in
the direction, or a person of a description specified in the direction,
to accompany the witness while the witness is giving evidence.
(2)
10
In determining who may accompany the witness, the court must have
regard to the wishes of the witness.
(3) The reference in subsection (1) to accompanying a witness while the
witness is giving evidence includes accompanying the witness while
the witness is—
(a) giving testimony or being sworn in court,
15(b) giving evidence by means of a live link, or
(c) being cross-examined or re-examined in pursuance of section
28.”
(3) In consequence of the provision made by subsection (2)—
(a)
20
in section 24 of the Youth Justice and Criminal Evidence Act 1999,
omit subsections (1A) and (1B);
(b) in section 27 of that Act, omit subsection (9A);
(c) in the Coroners and Justice Act 2009, omit section 102.
14 Exclusion of persons from court
(1)
25
Section 25 of the Youth Justice and Criminal Evidence Act 1999 (evidence
given in private) is amended as follows.
(2) For the heading substitute “Exclusion of persons from court”.
(3) In subsection (1), for “persons of any description” substitute “any person, or
persons of any description,”.
(4) In subsection (2)—
30(a) omit the “or” at the end of paragraph (b);
(b) at the end of paragraph (c) insert—
“(d) the witness’s supporter (if there is one),
(e) representatives of news gathering or reporting
organisations, or
35(f) persons carrying out research with approval from a
body appointed by a research institution for the purpose
of assessing the ethics of research involving individuals.”
Courts and Tribunals Bill 28
Part 1—Proceedings in the criminal courts

(5) After subsection (2) insert—
“(2A) For the purposes of subsection (2)(d), “the witness’s supporter”
means—
(a)
5
where provision made under section 24A provides for a person
to accompany the witness, that person;
(b) in any other case, one named person who has been nominated
by the witness for those purposes.”
(6) Omit subsection (3).
(7) In subsection (5), omit the words from “(whether” to “organisations)”.
10(8) At the end insert—
“(6) In subsection (2)(f) “research institution” has the same meaning as in
Chapter 4A of Part 7 of the Income Tax (Earnings and Pensions) Act
2003 (see section 457 of that Act).
(7)
15
Nothing in this section is to be regarded as affecting any other power
of a court to exclude a person from the court (in the exercise of its
inherent jurisdiction or otherwise).”
15 Editing of video recorded cross-examination and re-examination
(1) Section 28 of the Youth Justice and Criminal Evidence Act 1999 (video recorded
cross-examination or re-examination) is amended as follows.
20(2) In subsection (4), for the words from “it” to the end substitute “the recording,
or a part of the recording, is not to be so admitted if—
(a) any requirement of subsection (2) or Criminal Procedure Rules
or the direction has not been complied with to the satisfaction
of the court, or
25(b) the court is of the opinion, having regard to all the
circumstances of the case, that in the interests of justice the
recording, or that part of it, should not be admitted under this
section.”
(3) After subsection (4) insert—
30“(4A) In considering for the purposes of subsection (4)(b) whether any part
of a recording should not be admitted under this section, the court
must consider whether any prejudice to the accused which might
result from that part being so admitted is outweighed by the
35
desirability of showing the whole, or substantially the whole, of the
recorded examination.”
29 Courts and Tribunals Bill
Part 1—Proceedings in the criminal courts

16 Application of special measures to victim impact statements etc
In section 33 of the Youth Justice and Criminal Evidence Act 1999
(interpretation etc of Chapter 1), at the end insert—
“(7)
5
Subsection (8) applies where, in proceedings for an offence, a person
has for the purposes of sentencing made a written statement of the
effect of the offence on that person, or on persons including that person
(an “impact statement”).
(8) Any reference in this Chapter to the giving of evidence or testimony
by a witness includes a reference to—
10(a) the reading out in court of an impact statement by the person
who made it, and
(b) any cross-examination or re-examination of that person in
respect of that statement,
and related expressions are to be read accordingly.”
15PART 2
OTHER PROVISION ABOUT COURTS AND TRIBUNALS
Decisions of courts under Children Act 1989
17 Welfare of the child: repeal of presumption of parental involvement
(1)
20
In section 1 of the Children Act 1989 (welfare of the child), omit subsections
(2A), (2B), (6) and (7) (which provide for a presumption, in certain
circumstances and for certain purposes, that the involvement of each parent
in the life of a child will further the child’s welfare).
(2) In consequence of the repeal made by subsection (1), omit section 11 of the
Children and Families Act 2014.
25Tribunals
18 Leadership of tribunals
(1) Section 7 of the Constitutional Reform Act 2005 (which provides for the Lord
Chief Justice of England and Wales to be President of the Courts of England
30
and Wales and Head of the Judiciary of England and Wales) is amended in
accordance with subsections (2) to (4).
(2) For “President of the Courts of England and Wales”, in each place it occurs
(including the heading), substitute “President of the Courts and Tribunals of
England and Wales”.
(3) After subsection (2) insert—
35“(2A) In subsection (2) “the judiciary of England and Wales” includes every
person who is—
Courts and Tribunals Bill 30
Part 2—Other provision about courts and tribunals

(a) a judge, or other member, of the First-tier Tribunal or Upper
Tribunal exercising functions wholly or mainly in England and
Wales,
(b)
5
a member of a panel of members of employment tribunals
established for England and Wales (whether or not a panel of
Employment Judges), or
(c) a judge, or other member, of the Employment Appeal Tribunal
exercising functions wholly or mainly in England and Wales.
(2B)
10
In subsection (2)(a) “the judiciary of England and Wales” also includes
every person who—
(a) is, or is a member of, a tribunal in a list in Schedule 6 to the
Tribunals, Courts and Enforcement Act 2007 that has effect for
the purposes of section 30 of that Act, and
(b) exercises functions wholly or mainly in England and Wales.
15(2C) The responsibility that the Lord Chief Justice, as President of the Courts
and Tribunals of England and Wales, has under subsection (2)(c)
includes (so far as it would not otherwise do so, and subject to having
regard to the responsibilities of the Senior President of Tribunals)
responsibility for the maintenance of appropriate arrangements for—
20(a) the deployment to tribunals of judiciary deployable to tribunals,
and
(b) the deployment to courts in England and Wales of judiciary
deployable to such courts.”
(4) After subsection (4) insert—
25“(4A) See also section 3 of the Tribunals, Courts and Enforcement Act 2007
(which provides that the Lord Chief Justice is to preside, in England
and Wales, over both of the First-tier Tribunal and the Upper Tribunal).
(4B) A holder of the office of Lord Chief Justice must, in carrying out the
functions of that office, have regard to—
30(a) the need for tribunals to be accessible,
(b) the need for proceedings before tribunals—
(i) to be fair, and
(ii) to be handled quickly and efficiently,
(c)
35
the need for members of tribunals to be experts in the
subject-matter of, or the law to be applied in, cases in which
they decide matters, and
(d) the need to develop innovative methods of resolving disputes
that are of a type that may be brought before tribunals.
(4C) In this section “tribunals” means—
40(a) the First-tier Tribunal,
(b) the Upper Tribunal,
(c) employment tribunals, and
(d) the Employment Appeal Tribunal.”
31 Courts and Tribunals Bill
Part 2—Other provision about courts and tribunals

(5) After section 9 of the Constitutional Reform Act 2005 insert—
“9A Head and Deputy Head of Tribunals Justice
(1) The Senior President of Tribunals is Head of Tribunals Justice.
(2)
5
The Lord Chief Justice may appoint a person to be Deputy Head of
Tribunals Justice.
(3) The Lord Chief Justice must not appoint a person under subsection
(2) unless these conditions are met—
(a) the Lord Chief Justice has consulted the Lord Chancellor;
(b)
10
the person to be appointed is an ordinary judge of the Court
of Appeal.
(4) A person appointed as Deputy Head of Tribunals Justice holds that
office in accordance with the terms of the appointment.
(5) The Lord Chief Justice may nominate a senior judge (as defined in
15
section 109(5)) to exercise the functions of the Lord Chief Justice under
this section.”
(6) In section 3 of the Tribunals, Courts and Enforcement Act 2007 (the First-tier
Tribunal and the Upper Tribunal)—
(a) after subsection (3) insert—
“(3A)
20
The Lord Chief Justice of England and Wales is to preside, in
England and Wales, over both of the First-tier Tribunal and
the Upper Tribunal.”;
(b) in subsection (4), after “preside” insert “, in Scotland and Northern
Ireland,”.
(7) Schedule 3 contains further provision about—
25(a) functions of the office of Lord Chief Justice of England and Wales
relating to tribunals, and
(b) the office of Senior President of Tribunals.
Lay justices’ allowances
19 Lay justices’ allowances
30(1) In the Courts Act 2003, for section 15 (lay justices’ allowances) substitute—
“15 Lay justices’ allowances
(1) The Lord Chancellor may by regulations make provision entitling a
lay justice to payments in respect of—
(a)
35
expenditure, or expenditure of a specified description, incurred
by the lay justice in connection with the performance of the
lay justice’s duties;
Courts and Tribunals Bill 32
Part 2—Other provision about courts and tribunals

(b) financial losses, or financial losses of a specified description,
suffered by the lay justice as a result of the performance of
those duties;
(c)
5
other expenditure of a specified description incurred, or to be
incurred, by the lay justice.
(2) The provision that may be made by regulations under this section
includes (among other things)—
(a) provision as to matters which are, or are not, to be treated as
duties of a lay justice;
10(b) provision about when expenditure is, or is not, to be regarded
as incurred by a lay justice in connection with the performance
of any duties;
(c) provision about when financial losses are, or are not, to be
15
regarded as suffered by a lay justice as a result of the
performance of any duties;
(d) provision about making a claim for a payment under the
regulations;
(e) provision for exceptions to any entitlement to a payment under
the regulations;
20(f) provision for avoiding duplication between payments under
the regulations and under other arrangements in a case where
expenditure is incurred for more than one purpose.
(3) Any amounts to which a lay justice is entitled by virtue of this
section—
25(a) are to be paid by the Lord Chancellor;
(b) may be paid at a rate determined by the Lord Chancellor.
(4) In this section “specified” means specified in the regulations.”
(2) In consequence of the amendment made by subsection (1), in Schedule 4 to
the Constitutional Reform Act 2005, omit paragraph 317.
30The Crown Court in the City of London
20 Special provision when Crown Court sits in City of London
(1) Section 8 of the Senior Courts Act 1981 (the Crown Court) is amended as
follows.
(2)
35
In subsection (3) (which provides for the Crown Court sitting in the City of
London to be known as the Central Criminal Court), after “City of London”
insert “at the premises made available for that purpose in accordance with
section 29(1) of the Courts Act 1971,”.
(3) After that subsection insert—
“(3A)
40
If the Crown Court sits at any other premises in the City of London,
the entitlement for the time being exercisable by virtue of subsection
1
(3) in relation to the Central Criminal Court may also be exercised to
33 Courts and Tribunals Bill
Part 2—Other provision about courts and tribunals

the same extent in relation to the Crown Court sitting at those other
premises.”
PART 3
FINAL PROVISIONS
521 Power to make consequential amendments
(1) The Lord Chancellor may by regulations make provision that is consequential
on any provision made by this Act.
(2) The power to make regulations under this section may, in particular, be
10
exercised by amending or repealing provision made by an Act passed before,
or in the same session of Parliament as, this Act (as well as provision made
under such an Act).
(3) A statutory instrument that contains (with or without other provisions)
regulations under this section that amend or repeal any provision made by
15
an Act may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.
(4) A statutory instrument containing any other regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
22 Power to make transitional or saving provision
20(1) The Lord Chancellor may by regulations make such transitional or saving
provision as the Lord Chancellor considers appropriate in connection with
the coming into force of any provision of this Act.
(2) Regulations under this section may (among other things)—
(a)
25
make provision in addition to, or different from, that made by this
Act;
(b) make any adaptations of any provisions of this Act brought into force
that appear to be appropriate in consequence of other provisions of
this Act not yet having come into force.
23 Power to state effect of provisions commencing Sentencing Code amendments
30The power in section 419(1) of the Sentencing Act 2020 (power to state effect
of commencement provisions) applies in relation to any amendment or repeal
made by or under this Act of provision made by that Act as it applies in
relation to an amendment or repeal made by Schedule 22 to that Act.
24 Regulations
35(1) Any power of the Lord Chancellor to make regulations under this Act is
exercisable by statutory instrument.
Courts and Tribunals Bill 34
Part 3—Final provisions

(2) Regulations under this Act may—
(a) make different provision for different purposes or different areas;
(b) contain supplementary, incidental, consequential, transitional or saving
provision.
5(3) Subsection (2) does not apply to regulations under section 26 (see instead
subsection (4) of that section).
25 Extent
(1) Except as set out below, Parts 1 and 2 of this Act extend to England and
Wales only.
10(2) The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—
(a) section 7;
(b) section 18(6) and (7);
(c) this Part.
15(3) An amendment or repeal made by Schedule 2 or 3 has the same extent within
the United Kingdom as the provision amended or repealed.
(4) Sections 10(4) and 11(8) have the same extent as Schedule 6 to the Criminal
Justice Act 2003 (see section 337 of that Act).
(5)
20
The power conferred by section 338 of the Criminal Justice Act 2003 (power
to extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.
26 Commencement
(1) The following provisions of this Act come into force on the day on which
this Act is passed—
25(a) sections 21 to 25, this section and section 27;
(b) any power to make regulations or rules by virtue of this Act.
(2) The following provisions of this Act come into force at the end of the period
of two months beginning with the day on which this Act is passed—
(a)
30
section 6 (increase in maximum custodial sentence in magistrates’
court);
(b) section 20 (special provision when Crown Court sits in City of London).
(3) The other provisions of this Act come into force in accordance with regulations
made by the Lord Chancellor.
(4)
35
Regulations under subsection (3) may make different provision for different
purposes or different areas.
27 Short title
This Act may be cited as the Courts and Tribunals Act 2026.
35 Courts and Tribunals Bill
Part 3—Final provisions

SCHEDULES
Section 4(5) SCHEDULE 1
NEW SCHEDULE 3ZA TO THE CRIMINAL JUSTICE ACT 2003
5
This Schedule sets out the new Schedule 3ZA to the Criminal Justice Act 2003, to be
inserted after Schedule 3 to that Act—
Section 42A “SCHEDULE 3ZA
TRIAL ON INDICTMENT WITHOUT A JURY: COMPLEX OR LENGTHY CASES
PART 1
OFFENCES TO WHICH SECTION 42A APPLIES
10Fraud, etc
1 Conspiracy to defraud.
2 An offence under any of the following provisions of the Fraud Act 2006—
(a) section 1(1) (fraud);
(b) section 7 (making or supplying articles for use in frauds);
15(c) section 9 (participating in fraudulent business carried on by sole
trader etc).
3 An offence under section 993 of the Companies Act 2006 (fraudulent
trading).
Tax evasion, etc
204 Cheating the public revenue.
5 An offence under section 106A of the Taxes Management Act 1970
(fraudulent evasion of income tax).
6 An offence under section 50(2) or (3) of the Customs and Excise
Management Act 1979 (improper importation of goods).
257 An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994
(fraudulent evasion of VAT).
False accounting, etc
8 An offence under section 17 of the Theft Act 1968 (false accounting).
9
30
An offence under section 19 of that Act (false statements by company
directors, etc).
10 An offence under section 89 of the Financial Services Act 2012 (misleading
statements).
Courts and Tribunals Bill 36
Schedule 1—New Schedule 3ZA to the Criminal Justice Act 2003

Insider dealing
11 An offence under section 52 of the Criminal Justice Act 1993 (insider
dealing).
Money laundering
512 An offence under section 327(1), 328(1) or 329(1) of the Proceeds of Crime
Act 2002 (concealing or acquiring, etc criminal property).
Terrorist funding
13 An offence under section 15, 16, 17 or 18 of the Terrorism Act 2000 (offences
relating to terrorist property).
10Bribery
14 An offence under any of the following provisions of the Bribery Act 2010—
(a) section 1 (offences of bribing another person);
(b) section 2 (offences relating to being bribed);
(c) section 6 (bribery of foreign public officials).
15Historic fraud offences
15 An offence under any of the following provisions (which no longer have
effect since the coming into force of the Fraud Act 2006)—
(a) section 15 of the Theft Act 1968 (obtaining property by deception);
(b) section 15A of that Act (obtaining a money transfer by deception);
20(c) section 16 of that Act (obtaining pecuniary advantage by deception);
(d) section 20(2) of that Act (procuring the execution of a valuable
security by deception);
(e) section 25 of that Act (going equipped for cheat), so far as relating
to an offence under section 15 of that Act;
25(f) section 1 of the Theft Act 1978 (obtaining services by deception);
(g) section 2 of that Act (evasion of liability by deception).
Ancillary offences
16 An offence of attempting or conspiring to commit an offence specified in
any of the preceding paragraphs of this Schedule (a “specified offence”).
3017 An offence under Part 2 of the Serious Crime Act 2007 in relation to a
specified offence.
18 An offence of inciting a person to commit a specified offence.
19 An offence of aiding, abetting, counselling or procuring the commission of
a specified offence.
37 Courts and Tribunals Bill
Schedule 1—New Schedule 3ZA to the Criminal Justice Act 2003

PART 2
POWER TO AMEND PART 1 OF THIS SCHEDULE
20 The Secretary of State may by order amend Part 1 of this Schedule so as
to—
(1)
5(a) add an offence to the list in that Part;
(b) remove an offence from that list.
(2) In sub-paragraph (1) “offence” includes an offence under an enactment that
is no longer in force.”
Section 7 SCHEDULE 2
10APPEALS FROM MAGISTRATES’ COURTS
PART 1
AMENDMENTS OF MAGISTRATES’ COURTS ACT 1980
1 Part 5 of the Magistrates’ Courts Act 1980 (appeal and case stated) is
amended as follows.
152 In the italic heading before section 108, for “Appeal” substitute “Right of
appeal”.
3 Section 108 (right of appeal to the Crown Court) is amended as follows. (1)
(2) After subsection (2A) insert—
“(2B)
20
An appeal under this section may be brought only with the
permission of the Crown Court (and nothing in section 79(3) of the
Senior Courts Act 1981 (customary practice and procedure with
respect to appeals to Crown Court) affects this).”
(3) At the end insert—
“(6) See—
25(a) section 108A, for further provision about granting permission
to appeal;
(b) sections 108B to 108J, for further provision about appeals
against conviction;
(c)
30
sections 108P to 108R, for further provision about appeals
against sentence.”
4 After section 108 insert—
“108A Permission to appeal
(1) The Crown Court may grant permission to appeal only if the Crown
35
Court considers that it is reasonably arguable that there are one or
more grounds for allowing the appeal.
Courts and Tribunals Bill 38
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(2) Subject to subsection (3), the decision to grant permission to appeal
is to be made without a hearing.
(3) The Crown Court may hold a hearing to determine whether to grant
permission to appeal—
5(a) for the purposes of making that determination more quickly,
or
(b) if it considers that a hearing is necessary for any other
reason.
(4)
10
In this section “permission to appeal” means permission for the
purposes of section 108(2B).
Appeals against conviction
108B Grounds for allowing an appeal against conviction
(1) This section applies on an appeal under section 108 against
conviction.
15(2) The Crown Court—
(a) must allow the appeal if it considers that the conviction is
unsafe;
(b) must dismiss the appeal in any other case.
(3) Subsection (2) is subject to—
20(a) section 108C (power to substitute conviction of alternative
offence);
(b) section 108J (power to dismiss appeal following reference
by CCRC);
(c)
25
any provision requiring the Crown Court in certain
circumstances to allow an appeal under section 108 against
conviction.
(4) If the Crown Court allows an appeal under section 108 against
conviction, the Crown Court must quash the conviction.
(5)
30
An order of the Crown Court under this section quashing a
conviction operates as a direction to the court of trial to enter,
instead of the record of conviction, a record of the dismissal of the
information or written charge on which the appellant was tried.
This is subject to subsections (6) and (7).
(6)
35
In a case where the Crown Court makes a hospital order or
guardianship order in respect of the appellant by virtue of section
108E(2), the order quashing the conviction operates as a direction
to the court of trial to enter, instead of the record of conviction, a
record of the hospital order or guardianship order.
(7)
40
Subsection (5) does not apply where under section 108F the Crown
Court orders that the appellant be retried.
39 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

108C Power to substitute conviction of alternative offence
(1) This section applies on an appeal under section 108 against
conviction by a magistrates’ court where—
(a)
5
the appellant has been convicted of an offence to which the
appellant did not plead guilty (“the original offence”),
(b) the magistrates’ court could, at the original trial, have found
the appellant guilty of some other offence (“the alternative
offence”), and
(c)
10
it appears to the Crown Court that the magistrates’ court
must have been satisfied of facts which proved the appellant
guilty of the alternative offence.
(2) The Crown Court may, instead of allowing or dismissing the
appeal—
(a)
15
substitute, for the conviction of the original offence, a
conviction of the alternative offence, and
(b) quash the sentence passed for the original offence and, in
place of it, pass any sentence for the alternative offence which
the sentencing court would have had power to pass when
20
dealing with the appellant for that offence (but see subsection
(4)).
(3) In subsection (2)(b)—
(a) “the sentencing court” means the court that sentenced the
appellant for the original offence;
(b)
25
any reference to the passing of a sentence by a court for an
offence includes a reference to the making of any order that
may be made by the court when dealing with a person for
an offence.
(4) The Crown Court may not exercise the power conferred by
30
subsection (2)(b) in such a way that the appellant is dealt with more
severely for the alternative offence than for the original offence.
108D Power to re-sentence where appellant remains convicted of
connected offences
(1) This section applies where—
(a)
35
a person is convicted by a magistrates’ court of two or more
connected offences,
(b) the Crown Court allows an appeal against conviction in
respect of one or more of the connected offences, and
(c) the person remains convicted of one or more of the connected
offences (the “remaining offences”).
40(2) The Crown Court may, in respect of any of the remaining offences—
(a) quash the sentence passed for the offence, and
Courts and Tribunals Bill 40
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(b) in place of it pass any sentence which the sentencing court
had power to pass for the offence.
This is subject to subsection (3).
(3)
5
The Crown Court may not exercise the power conferred by this
section in such a way that the person is dealt with more severely
for the remaining offences than the person was dealt with for all of
the connected offences.
(4) For the purposes of this section, two or more offences of which a
person has been convicted are “connected” if—
10(a) the person is sentenced for the offences on the same day,
(b) the person is sentenced for the offences on different days,
but the court, in passing sentence for one of the offences,
states that it is treating that sentence together with the
15
sentences for the other offence or offences as substantially
one sentence, or
(c) the person is sentenced for the offences on different days,
but the offences—
(i) were tried together, or
(ii)
20
would have been tried together if the person had not
pleaded guilty to one or more of them.
(5) Where—
(a) two or more offences are connected to each other by virtue
of subsection (4)(a) or (b), and
(b)
25
any one or more of those offences is connected to one or
more other offences by virtue of subsection (4)(c),
all the offences are to be treated as connected for the purposes of
this section.
(6) In this section—
(a)
30
“the sentencing court” means the court that sentenced the
person for the connected offences;
(b) any reference to the passing of a sentence by a court for an
offence includes a reference to the making of any order that
may be made by the court when dealing with a person for
an offence.
35108E Power to make hospital or guardianship order where appeal allowed
(1) This section applies where—
(a) a person is convicted by a magistrates’ court of an offence
punishable on summary conviction with imprisonment, and
(b) the Crown Court allows an appeal against the conviction.
40(2) The Crown Court may make a hospital order or guardianship order
under section 37 of the Mental Health Act 1983 (“the 1983 Act”) in
respect of the person if—
41 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(a) at the time of allowing the appeal, the conditions mentioned
in subsection (2) of that section are met in relation to the
person (and for these purposes references to “the court” in
that subsection are to the Crown Court), and
5(b) the Crown Court is satisfied that the person did the act or
made the omission charged.
(3) Subsection (2) is subject to section 37(4) or (as the case may be) (6)
of the 1983 Act.
108F Power to order retrial
10(1) This section applies where the Crown Court allows an appeal against
conviction of an offence by a magistrates’ court (“the convicting
court”).
(2) If the Crown Court considers that the interests of justice require it,
15
the Crown Court may order that the appellant be retried by a
magistrates’ court—
(a) for that offence, or
(b) for any other offence of which the convicting court could,
at the original trial, have found the appellant guilty.
(3)
20
Where the Crown Court orders that the appellant be retried, the
appellant is to be retried on the information or written charge on
which the appellant was tried by the convicting court (and, where
subsection (2)(b) applies, the information or charge is to be amended
accordingly).
(4) In a case where the convicting court was a youth court—
25(a) the Crown Court may order that the appellant be retried by
a youth court even if the appellant is aged 18 or over at the
time of the order;
(b) an order under this section for retrial by a youth court does
not prevent the youth court from—
30(i) remitting the appellant for retrial to a magistrates’
court other than a youth court under section 47(1) of
the Crime and Disorder Act 1998, or
(ii) sending the appellant to the Crown Court for retrial
under section 47(1A) of that Act;
35(c) where the appellant has already attained the age of 18 at
the time of appearing or being brought before a youth court
by virtue of an order under this section, the appellant is to
be treated for the purposes of section 47 of the Crime and
40
Disorder Act 1998 and section 27 of the Sentencing Code as
having attained the age of 18 after that time.
Courts and Tribunals Bill 42
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(5) The Crown Court may, at the same time as ordering a retrial by a
magistrates’ court, provide its opinion on the matter to that
magistrates’ court.
(6)
5
The fact that the Crown Court orders a retrial by a magistrates’
court does not prevent the magistrates’ court from exercising any
power it has to stay the proceedings on the retrial.
108G Retrial: supplementary provision
(1) This section applies where, on an appeal under section 108, the
Crown Court orders the retrial of a person under section 108F.
10(2) The Crown Court may, on ordering the retrial, make whatever
orders appear to it to be necessary or expedient—
(a) for the person to be detained in custody, or released on bail,
until the retrial;
(b)
15
for the retention until the retrial of any property or money
forfeited, restored or paid by virtue of the original conviction
or any order made on that conviction.
(3) The Crown Court’s power under this section to release the person
on bail is subject to section 25 of the Criminal Justice and Public
20
Order Act 1994 (which limits bail in certain cases where a defendant
has a previous conviction for homicide or rape).
(4) If the person was, immediately before the determination of the
appeal, liable to be detained in pursuance of an order or direction
under Part 3 of the 1983 Act (other than under section 35, 36 or 38
of that Act)—
25(a) that order or direction continues in force until the retrial as
if the appeal had not been allowed, and
(b) any order made by the Crown Court under this section for
the person’s detention in custody or release on bail has effect
subject to that order or direction.
30(5) If the person was, immediately before the determination of the
appeal, liable to be detained in pursuance of an interim hospital
order under section 38 of the 1983 Act, the Crown Court may, if it
considers it appropriate, order that the person is to continue to be
detained in a hospital or mental nursing home.
35(6) Where the Crown Court makes an order under subsection (5) in
respect of a person, Part 3 of the 1983 Act applies as if the person—
(a) had been ordered under this section to be detained in
custody until the retrial, and
(b)
40
were detained in pursuance of a transfer direction together
with a restriction direction.
(7) If the person—
43 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(a) was liable to be detained in pursuance of an order or
direction under Part 3 of the 1983 Act,
(b) was then made subject to a community treatment order, and
(c)
5
was subject to that community treatment order immediately
before the determination of the appeal,
the order or direction under Part 3 of the 1983 Act and the
community treatment order continue in force until the retrial as if
the appeal had not been allowed.
(8)
10
In a case where subsection (7) applies, any order made by the Crown
Court under this section for the person’s release on bail has effect
subject to the community treatment order.
(9) In this section—
(a) “the 1983 Act” means the Mental Health Act 1983;
(b)
15
expressions used in this section and in the 1983 Act have
the same meaning in this section as they have in that Act.
108H Evidence at retrials
(1) Evidence given at a retrial must be given orally if it was given orally
at the original trial.
This is subject to subsection (2).
20(2) Subsection (1) does not apply to evidence given at a retrial if—
(a) all the parties to the retrial agree that the evidence need not
be given orally,
(b) section 116 of the Criminal Justice Act 2003 (admissibility of
hearsay evidence where a witness is unavailable) applies, or
25(c) the witness is unavailable to give evidence, otherwise than
as mentioned in subsection (2) of that section, and section
114(1)(d) of that Act (admission of hearsay evidence under
residual discretion) applies.
(3)
30
Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (use
of depositions) does not apply at a retrial to a deposition read as
evidence at the original trial.
(4) In this section “retrial” means a retrial ordered under section 108F.
108I Sentence on conviction at retrial
(1)
35
This section applies where a person who is retried for an offence
by a magistrates’ court by virtue of an order under section 108F is
convicted at the retrial.
(2) The person may not be dealt with more severely for the offence
than on the original conviction.
Courts and Tribunals Bill 44
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(3) Subject to subsection (2), any power of a court to pass a sentence
for the offence includes power to pass any sentence which could
have been passed in respect of the offence following the person’s
5
conviction at the original trial even if, at the date of the conviction
at the retrial, the person is no longer of an age at which such a
sentence could otherwise be passed.
(4) The reference in subsection (3) to the passing of a sentence by a
court includes a reference to the making of any order that may be
made by the court when dealing with a person for an offence.
10(5) Where the person is sentenced to imprisonment or other detention,
the sentence begins to run from the time when an equivalent
sentence passed at the original trial would have begun to run.
(6) But in computing the term of the sentence or the period for which
15
the person may be detained under it (as the case may be), the
following are to be disregarded—
(a) any time before the person’s conviction at the retrial which
would have been disregarded in computing that term or
period if the sentence had been passed at the original trial
and the original conviction had not been quashed;
20(b) any time during which the person was released on bail under
section 108G(2).
(7) Sections 240ZA and 240A of the Criminal Justice Act 2003 and
section 325 of the Sentencing Code (crediting of periods of remand
25
in custody or on bail subject to certain types of condition: terms of
imprisonment or detention and detention and training orders) apply
to a sentence passed on conviction at the retrial as if it had been
passed on the original conviction.
108J Power to dismiss appeal following reference by the CCRC
(1)
30
This section applies where there is an appeal under section 108
against conviction following a reference by the Criminal Cases
Review Commission under section 11(1)(a) of the Criminal Appeal
Act 1995.
(2) The Crown Court may dismiss the appeal if—
(a)
35
the only ground for allowing it would be that there has been
a development in the law since the date of the conviction,
and
(b) the condition in subsection (3) is met.
(3) The condition in this subsection is that if—
(a) the reference had not been made, but
40(b) the appellant had made (and had been entitled to make) an
1
application for an extension of time within which to seek
45 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

permission to appeal on the ground of the development in
the law,
the Crown Court would not consider it appropriate to grant the
application.
5Appeals against finding of mental disorder, etc
108K Appeals under section 45(1) of Mental Health Act 1983 against
finding of mental disorder, etc
(1) This section applies where a magistrates’ court has made a hospital
10
order or guardianship order in respect of a person under section
37 of the Mental Health Act 1983 without convicting the person.
(2) Sections 108(2B) and 108A apply to an appeal under section 45(1)
of that Act against a finding upon which the order was made (a
“section 45(1)(b) appeal”) as they apply to an appeal under section
108.
15(3) On a section 45(1)(b) appeal, the Crown Court—
(a) must allow the appeal if it considers that the finding is
unsafe;
(b) must dismiss the appeal in any other case.
108L
20
Power to make hospital or guardianship order where section 45(1)(b)
appeal allowed
(1) This section applies where—
(a) a magistrates’ court has made a hospital order or
guardianship order in respect of a person under section 37
25
of the Mental Health Act 1983 (“the 1983 Act”) without
convicting the person, and
(b) the Crown Court allows an appeal under section 45(1) of
the 1983 Act against a finding that the conditions in section
37(2) of the 1983 Act for making the order were met in
relation to the person.
30(2) The Crown Court may make a different order under section 37 of
the 1983 Act in respect of the person if—
(a) notwithstanding the fact that the appeal has been allowed,
the conditions in subsection (2) of that section for making
35
that order are met in relation to the person (and for these
purposes references to “the court” in that subsection are to
the Crown Court), and
(b) the Crown Court is satisfied that the person did the act or
made the omission charged.
(3)
40
Subsection (2) is subject to section 37(4) or (as the case may be) (6)
of the 1983 Act.
Courts and Tribunals Bill 46
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

108M Power to order trial where section 45(1)(b) appeal allowed
(1) This section applies where—
(a) a magistrates’ court (“the original court”) has made a hospital
5
order or guardianship order in respect of a person under
section 37 of the Mental Health Act 1983 without convicting
the person, and
(b) the Crown Court allows an appeal under section 45(1) of
that Act against a finding that one or more of the conditions
10
in section 37(2) of that Act for making the order were met
in relation to the person.
(2) If the Crown Court considers that the interests of justice require it,
the Crown Court may order that the person be tried by a
magistrates’ court—
(a) for the offence with which the person was charged, or
15(b) for any other offence of which the original court could, on
a trial of the information or written charge on which the
person appeared before that court, have found the person
guilty.
(3)
20
Where the Crown Court orders under this section that a person be
tried, the person is to be tried on the information or written charge
on which the person appeared before the original court (and, where
subsection (2)(b) applies, the information or charge is to be amended
accordingly).
(4) In a case where the original court was a youth court—
25(a) the person may be tried by a youth court even if the person
is aged 18 or over;
(b) an order under this section for trial by a youth court does
not prevent the youth court from—
(i)
30
remitting the person for trial to a magistrates’ court
other than a youth court under section 47(1) of the
Crime and Disorder Act 1998, or
(ii) sending the person to the Crown Court for trial under
section 47(1A) of that Act;
(c)
35
where the person has already attained the age of 18 at the
time of appearing or being brought before a youth court by
virtue of an order under this section, the person is to be
treated for the purposes of section 47 of the Crime and
Disorder Act 1998 and section 27 of the Sentencing Code as
having attained the age of 18 after that time.
40(5) Any power of a court to pass a sentence for an offence following a
trial ordered under this section includes power to pass any sentence
which could have been passed in respect of the offence if the person
1
had been convicted by the original court even if, at the date of the
47 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

conviction of the offence, the person is no longer of an age at which
such a sentence could otherwise be passed.
(6) The reference in subsection (5) to the passing of a sentence by a
5
court includes a reference to the making of any order that may be
made by the court when dealing with a person for an offence.
(7) The Crown Court may, at the same time as ordering a trial by a
magistrates’ court, provide its opinion on the matter to that
magistrates’ court.
(8)
10
The fact that the Crown Court orders a trial by a magistrates’ court
does not prevent the magistrates’ court from exercising any power
it has to stay the proceedings on the trial.
108N Power to remit matter to magistrates’ court where section 45(1)(b)
appeal allowed
(1) This section applies where—
15(a) a magistrates’ court (“the original court”) has made a hospital
order or guardianship order in respect of a person under
section 37 of the Mental Health Act 1983 without convicting
the person,
(b)
20
the Crown Court allows an appeal under section 45(1) of
that Act against a finding that the person did the act or made
the omission charged, and
(c) the Crown Court does not at the same time allow such an
appeal against a finding that one or more of the conditions
25
in section 37(2) of that Act for making the order were met
in relation to the person.
(2) The Crown Court—
(a) must quash the finding referred to in subsection (1)(b);
(b) may remit the matter to a magistrates’ court for it to
30
determine afresh whether the person did the act or made
the omission charged.
(3) In a case where the original court was a youth court, the matter
may be remitted to a youth court even if the person is aged 18 or
over.
(4)
35
The Crown Court may, at the same time as remitting a matter to a
magistrates’ court under subsection (2)(b), provide its opinion on
the matter to that magistrates’ court.
(5) Section 108H (evidence at retrials) applies for the purposes of the
hearing of the matter as if—
(a)
40
any reference in that section to a retrial were a reference to
that hearing, and
Courts and Tribunals Bill 48
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(b) any reference in that section to the original trial were a
reference to the proceedings in which the finding was made.
(6) Except where the matter is remitted under subsection (2)(b), an
5
order under subsection (2) quashing a finding operates as a direction
to the original court to enter, instead of the record of the finding,
a record of the dismissal of the information or written charge on
which the person appeared before the original court.
108O Appeals against finding of mental disorder, etc: supplementary
provision
10(1) Where the Crown Court—
(a) makes an order under section 108M that a person be tried
for an offence, or
(b) remits a matter to a magistrates’ court in accordance with
section 108N(2)(b),
15the Crown Court may make whatever orders appear to it to be
necessary or expedient for the person’s detention in custody, release
on bail or continued detention under the 1983 Act until the trial or
(as the case may be) the hearing of that matter.
(2)
20
The Crown Court’s power under this section to release a person on
bail is subject to section 25 of the Criminal Justice and Public Order
Act 1994 (which limits bail in certain cases where a defendant has
a previous conviction for homicide or rape).
(3) Where the Crown Court makes an order under subsection (1) for a
25
person’s continued detention under the 1983 Act, Part 3 of that Act
applies as if the person—
(a) had been ordered under this section to be detained in
custody until the trial or hearing, and
(b) were detained in pursuance of a transfer direction together
with a restriction direction.
30(4) In this section—
(a) “the 1983 Act” means the Mental Health Act 1983;
(b) expressions used in this section and in the 1983 Act have
the same meaning in this section as they have in that Act.
Appeals against sentence
35108P Grounds for allowing an appeal against sentence
The Crown Court may allow an appeal against sentence under
section 108 only on a ground or grounds on which the Court of
Appeal may allow an appeal against sentence under section 9(1) of
the Criminal Appeal Act 1968.
49 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

108Q Appeals against more than one sentence
(1) This section applies where a magistrates’ court has sentenced a
person for two or more connected offences.
(2)
5
An appeal, or an application for permission to appeal, under section
108 against the sentence for any one of those offences is to be treated
as an appeal or application in respect of the sentences for all of
those offences.
(3) Subsection (2) does not apply in relation to an appeal treated as
10
brought under section 108 by virtue of section 11(3) of the Criminal
Appeal Act 1995 (references by Criminal Cases Review Commission).
(4) For the purposes of this section, two or more offences of which a
person has been convicted are “connected” if—
(a) the person is sentenced for the offences on the same day,
(b)
15
the person is sentenced for the offences on different days,
but the court, in passing sentence for one of the offences,
states that it is treating that sentence together with the
sentences for the other offence or offences as substantially
one sentence, or
(c)
20
the person is sentenced for the offences on different days,
but the offences—
(i) were tried together, or
(ii) would have been tried together if the person had not
pleaded guilty to one or more of them.
(5) Where—
25(a) two or more offences are connected to each other by virtue
of subsection (4)(a) or (b), and
(b) any one or more of those offences is connected to one or
more other offences by virtue of subsection (4)(c),
30
all the offences are to be treated as connected for the purposes of
this section.
(6) In this section “sentence” has the same meaning as in section 108
(and “sentenced” is to be read accordingly).
108R Powers of Crown Court on appeal against sentence
(1)
35
This section applies where the Crown Court allows an appeal under
section 108 against sentence by a magistrates’ court.
(2) In the case of an appeal against a sentence passed for a single
offence, the Crown Court—
(a) must quash the sentence, and
(b)
40
in place of it may pass any sentence it considers appropriate
which the magistrates’ court had power to pass when dealing
with the offence.
Courts and Tribunals Bill 50
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(3) But the Crown Court may not exercise the power conferred by
subsection (2)(b) in such a way that the appellant is dealt with more
severely for the offence than the appellant was dealt with by the
magistrates’ court for the offence.
5(4) In the case of an appeal against the sentences passed for two or
more connected offences (see section 108Q), the Crown Court may—
(a) quash the sentence passed for any of those offences, and
(b) in place of it pass any sentence it considers appropriate
10
which the magistrates’ court had power to pass when dealing
with the offence.
(5) But the Crown Court may not exercise the power conferred by
subsection (4)(b) in such a way that the appellant is dealt with more
severely for the connected offences than the appellant was dealt
with by the magistrates’ court for those offences.
15(6) In this section, a reference to the passing of a sentence includes a
reference to the making of any order that may be made by a
magistrates’ court when dealing with a person for an offence.
(7) Subsections (4) and (5) of section 108Q apply for the purposes of
this section as they apply for the purposes of that section.
20Appeals: supplementary provision
108S Transcripts of proceedings in magistrates’ courts
(1) Rules of court—
(a) must provide for the making of an audio recording of the
following proceedings—
25(i) any summary trial of an information or written
charge;
(ii) any hearing at which a magistrates’ court passes
sentence on a person;
(b)
30
may provide for the making of any other kind of record of
proceedings within paragraph (a)(i) or (ii);
(c) may provide for the making of a record of any other
proceedings of a prescribed description in a magistrates’
court.
(2) Rules of court—
35(a) may provide for the making and verification of a transcript
of any record of proceedings made by virtue of subsection
(1);
(b) may provide for supplying any such record, or a transcript
of any such record, to—
40(i) a prescribed officer of the Crown Court;
51 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(ii) such persons, or such persons of a prescribed
description, as the Secretary of State may direct;
(c) may provide for supplying such a transcript, in such
5
circumstances as may be prescribed, to other persons, or to
persons of a prescribed description.
(3) Rules made by virtue of subsection (2)(c) may provide for a
transcript to be supplied on payment of a fee.
(4) In this section “sentence” has the same meaning as in section 108;
and any reference to passing a sentence is to be read accordingly.
10(5) Nothing in this section affects any requirement for records to be
kept of proceedings in magistrates’ courts which exists apart from
this section.
108T Powers to obtain evidence for purposes of appeal
(1) This section applies for the purposes of—
15(a) an appeal, or an application for permission to appeal, under
section 108;
(b) an appeal, or an application for permission to appeal, under
section 45(1) of the Mental Health Act 1983.
(2)
20
The Crown Court may, if it considers it necessary or expedient in
the interests of justice—
(a) order the production of any document, exhibit or other thing
connected with the original proceedings, the production of
which appears to it necessary for the determination of the
case;
25(b) order any witness to attend for examination and be examined
before the Crown Court (whether or not the witness was
called in the original proceedings);
(c) receive any evidence which was not adduced in the original
proceedings.
30(3) The power conferred by subsection (2)(a) may be exercised so as to
require the production of any document, exhibit or other thing
mentioned in that subsection to—
(a) the Crown Court;
(b) the appellant;
35(c) the respondent.
(4) The Crown Court must, in considering whether to receive any
evidence, have regard to (among other things)—
(a) whether the evidence appears to the Crown Court to be
capable of belief;
40(b) whether it appears to the Crown Court that the evidence
may provide any ground for allowing the appeal;
Courts and Tribunals Bill 52
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

(c) whether the evidence would have been admissible in the
original proceedings on an issue that is the subject of the
appeal;
(d)
5
whether there is a reasonable explanation for the failure to
adduce the evidence in those proceedings.
(5) Subsection (2)(c) applies to any evidence of a witness (including the
appellant) who is competent but not compellable.
(6) The Crown Court may, if it considers it necessary or expedient in
the interests of justice—
10(a) order the examination of any witness whose attendance
might be required under subsection (2)(b) to be conducted,
in the manner provided by rules of court, before any judge
or officer of the Crown Court or other person appointed by
the Crown Court for the purpose, and
15(b) allow the admission of any depositions so taken as evidence
before the Crown Court.
(7) In this section—
“the original proceedings”, in relation to an appeal or an
20
application for permission to appeal, means the proceedings
from which the appeal lies;
“respondent” includes a person who will be a respondent if
permission to appeal is granted.
108U Effect of appeal on sentence
(1)
25
The time during which a person is in custody pending the
determination of the person’s appeal under section 108 is to be
reckoned as part of the term of any sentence to which the person
is for the time being subject.
(2) Subsection (1) is subject to any direction which the Crown Court
may give to the contrary.
30(3) But the Crown Court may give a direction under subsection (2) only
if permission to appeal is not granted.
(4) If the Crown Court gives a direction under subsection (2), it must
state its reasons for doing so.
(5)
35
The term of any sentence passed by the Crown Court under section
108C, 108D or 108R is, unless the Crown Court otherwise directs,
to begin to run from the time when it would have begun to run if
passed in the proceedings from which the appeal lies.
108V Interim hospital orders
(1)
40
The fact that an appeal is pending against an interim hospital order
1
made under the Mental Health Act 1983 (“the 1983 Act”) by a
53 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 1—Amendments of Magistrates’ Courts Act 1980

magistrates’ court does not affect the power of the magistrates’
court to renew or terminate the order or to deal with the appellant
on its termination.
(2) Where the Crown Court—
5(a) quashes an interim hospital order made under the 1983 Act
by a magistrates’ court, but
(b) does not pass any sentence or make any other order in its
place,
10
the Crown Court may direct that the appellant is to be detained in
custody or released on bail until the appellant is dealt with by that
magistrates’ court.
(3) The Crown Court’s power under this section to release a person on
bail is subject to section 25 of the Criminal Justice and Public Order
15
Act 1994 (which limits bail in certain cases where a defendant has
a previous conviction for homicide or rape).
(4) Where, on an appeal under section 108 from a magistrates’ court,
the Crown Court makes an interim hospital order, the magistrates’
court is to be treated for the purposes of section 38(7) of the 1983
Act as the court that made the order (and see also section 110).”
20PART 2
AMENDMENTS OF OTHER LEGISLATION
Customs and Excise Management Act 1979
5 In section 147 of the Customs and Excise Management Act 1979 (proceedings
for offences), after subsection (3) insert—
25“(3A) An appeal under subsection (3) against any of the following
decisions may be brought only with the permission of the Crown
Court—
(a) the dismissal of an information or written charge;
(b) a sentence passed on a person’s conviction;
30(c) a decision to make, or to refuse to make, any other order on
conviction.
(3B) The Crown Court may grant permission to appeal only if the Crown
Court considers that it is reasonably arguable that—
(a)
35
in the case of an appeal against the dismissal of an
information or written charge, a court trying the information
or written charge afresh would convict the person of the
offence charged;
(b) in the case of an appeal against a sentence or other order
40
passed or made on conviction, a court hearing the appeal
would pass a different sentence or make a different order;
Courts and Tribunals Bill 54
Schedule 2—Appeals from magistrates’ courts
Part 2—Amendments of other legislation

(c) in the case of an appeal against a refusal to make any order
on conviction, a court hearing the appeal would make such
an order.
(3C)
5
Section 108A(2) and (3) of the Magistrates’ Courts Act 1980
(permission to appeal) applies to permission to appeal under
subsection (3) as it applies to permission for the purposes of section
108(2B) of that Act.”
Senior Courts Act 1981
6 The Senior Courts Act 1981 is amended as follows.
107 In section 8 (the Crown Court), in subsection (1)(c), for “sections 74 and
75(2)” substitute “section 75(2)”.
8 Section 48 (appeals to Crown Court) is amended as follows. (1)
(2) After subsection (1) insert—
“(1A) Subsection (2) applies to any appeal other than—
15(a) an appeal under section 108 of the Magistrates’ Courts Act
1980 (appeals against conviction or sentence by magistrates’
court, etc), or
(b) an appeal under section 45(1) of the Mental Health Act 1983
20
(appeal where hospital or guardianship order made without
convicting a person).
(For provision about appeals within paragraph (a) or (b), see Part
5 of the Magistrates’ Courts Act 1980.)”
(3) In subsection (2), for “appeal” insert “to which this subsection applies”.
(4) Omit subsections (4), (6), (7) and (8).
259 In section 73 (composition of Crown Court), in subsection (1), omit “, 74”.
10 Omit section 74 (composition of Crown Court when hearing appeals, etc).
11 In section 75 (allocation of cases according to composition of court, etc), in
subsection (2), for “Subject to section 74(1), the” substitute “The”.
Contempt of Court Act 1981
3012 In section 12 of the Contempt of Court Act 1981 (offences of contempt of
magistrates’ courts), in subsection (5), for “section 108” substitute “sections
108, 108A, 108P to 108R and 108T to 108V”.
Mental Health Act 1983
13
35
In section 45 of the Mental Health Act 1983 (appeals from magistrates’
courts), for subsection (1) substitute—
“(1) Where, on the trial of an information or written charge charging a
1
person with an offence, a magistrates’ court makes a hospital order
55 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 2—Amendments of other legislation

or guardianship order in respect of the person without convicting
the person—
(a) the person may appeal against the order as if it had been
5
made on conviction (see section 108(3) of the Magistrates’
Courts Act 1980);
(b) the person may appeal against any finding upon which the
order was made (see section 108K of that Act).”
Prosecution of Offences Act 1985
14 The Prosecution of Offences Act 1985 is amended as follows. (1)
10(2) In section 16 (defence costs)—
(a) in subsection (3), for the words from “and” to “awarded;” substitute
“and the Crown Court—
(a) allows an appeal against the conviction,
(b)
15
substitutes a conviction of another offence (see section
108C of that Act), or
(c) exercises its powers under section 108R(2)(b) or (4)(b)
of that Act (powers where the court considers that
the appellant should be sentenced differently for an
offence dealt with by the magistrates’ court),”;
20(b) after that subsection insert—
“(3A) Where the Crown Court allows a person’s appeal under
section 45(1) of the Mental Health Act 1983 against a finding
upon which a hospital order or guardianship order was
25
made in respect of the person under section 37 of that Act,
the Crown Court may make a defendant’s costs order in
favour of the person.”
(3) In section 16A (legal costs), in subsection (3), after paragraph (b) (but before
the “or” at the end of that paragraph) insert—
“(ba) section 16(3A),”.
30(4) In section 18 (award of costs against accused), in subsection (1)(b), after
“appeal” insert “or application for permission to appeal”.
Football Spectators Act 1989
15 In section 14A of the Football Spectators Act 1989 (banning orders made
on conviction of an offence), after subsection (5A) insert—
35“(5AA) An appeal under subsection (5A)(a) may be brought only if the
Crown Court gives permission.
(5AB) The Crown Court may grant permission to appeal under subsection
(5A)(a) only if the Crown Court considers that it is reasonably
40
arguable that a court hearing the appeal would make a banning
order.
Courts and Tribunals Bill 56
Schedule 2—Appeals from magistrates’ courts
Part 2—Amendments of other legislation

(5AC) Section 108A(2) and (3) of the Magistrates’ Courts Act 1980
(permission to appeal) applies to permission to appeal under
subsection (5A)(a) as it applies to permission for the purposes of
section 108(2B) of that Act.”
5Criminal Appeal Act 1995
16 Section 11 of the Criminal Appeal Act 1995 (reference by Criminal Cases
Review Commission of cases dealt with summarily in England and Wales)
is amended as follows.
(1)
(2) After subsection (3) insert—
10“(3A) Section 108(2B) of the Magistrates’ Courts Act 1980 (requirement
for permission of Crown Court to bring appeal from magistrates’
court) does not apply in relation to an appeal treated as brought
under section 108(1) of that Act by virtue of subsection (2) or (3) of
this section.”
15(3) Omit subsection (6).
Terrorism Act 2000
17 In section 7 of the Terrorism Act 2000 (effect on convictions, etc of successful
appeal against a refusal to deproscribe an organisation), in subsection (7)(b),
at the end insert “(but does not require permission).”
20Terrorism Prevention and Investigation Measures Act 2011
18 In Schedule 3 to the Terrorism Prevention and Investigation Measures Act
2011 (appeals against conviction of offence of contravening TPIM notice),
in paragraph 4(5)—
(a) omit the “and” at the end of paragraph (c), and
25(b) at the end of paragraph (d) insert “; and
(e) in the case of an appeal under section 108(1)(b) of
that Act, does not require permission.”
Counter-Terrorism and Security Act 2015
19
30
In Schedule 4 to the Counter-Terrorism and Security Act 2015 (appeals
against conviction of offence of contravening temporary exclusion order),
in paragraph 4(5)—
(a) omit the “and” at the end of paragraph (c), and
(b) at the end of paragraph (d) insert “; and
(e)
35
in the case of an appeal under section 108(1)(b) of
that Act, does not require permission.”
Sentencing Act 2020
20 The Sentencing Act 2020 is amended as follows.
57 Courts and Tribunals Bill
Schedule 2—Appeals from magistrates’ courts
Part 2—Amendments of other legislation

21 In section 380 (order for parent or guardian to pay fine, costs, compensation
or surcharge), in subsection (5), after “magistrates’ court” insert “, as if the
parent or guardian had been convicted by a magistrates’ court and the
order were a sentence passed on the parent’s or guardian’s conviction”.
522 In Schedule 4 (referral order: further court proceedings), paragraph 8 (appeal
where offender re-sentenced for offence) is amended as follows.
(1)
(2) The existing words become sub-paragraph (1) of that paragraph.
(3) After that sub-paragraph insert—
“(2)
10
An appeal under this paragraph is to be treated as if it were an
appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.”
23 Schedule 7 (breach, revocation or amendment of youth rehabilitation order)
is amended as follows.
(1)
(2)
15
In paragraph 6 (breach of requirement of order: powers of magistrates’
court), after sub-paragraph (11) insert—
“(12) An appeal under sub-paragraph (11) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.”
(3)
20
In paragraph 12 (youth rehabilitation order subject to magistrates’ court
supervision), after sub-paragraph (8) insert—
“(8A) An appeal under sub-paragraph (8) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.”
(4)
25
In paragraph 21 (powers of magistrates’ court following subsequent
conviction), after sub-paragraph (6) insert—
“(7) An appeal under sub-paragraph (6) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.”
24
30
Schedule 10 (breach, revocation or amendment of community order) is
amended as follows.
(1)
(2) In paragraph 10 (breach of requirement of order: powers of magistrates’
court), after sub-paragraph (11) insert—
“(12) An appeal under sub-paragraph (11) is to be treated as if it were
35
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.”
(3) In paragraph 14 (community order subject to magistrates’ court supervision),
after sub-paragraph (8) insert—
“(9) An appeal under sub-paragraph (8) is to be treated as if it were
40
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.”
Courts and Tribunals Bill 58
Schedule 2—Appeals from magistrates’ courts
Part 2—Amendments of other legislation

25 In Schedule 12 (detention and training order), in paragraph 3 (power of
youth court to deal with offender for breach of supervision requirement),
after sub-paragraph (11) insert—
“(11A)
5
An appeal under sub-paragraph (11) is to be treated as if it were
an appeal against sentence under section 108 of the Magistrates’
Courts Act 1980.”
National Security Act 2023
26 In Schedule 9 to the National Security Act 2023 (appeals against conviction
of offence of contravening Part 2 notice), in paragraph 4(4)—
10(a) omit the “and” at the end of paragraph (c), and
(b) at the end of paragraph (d) insert “, and
(e) does not require permission.”
Consequential repeals
27 In consequence of the amendments made by this Schedule—
15(a) in Schedule 3 to the Mental Health (Amendment) Act 1982, omit
paragraph 61;
(b) in Schedule 4 to the Mental Health Act 1983, omit paragraph 58;
(c) in Schedule 2 to the Criminal Appeal Act 1995, omit paragraph 14;
(d)
20
in Schedule 4 to the Constitutional Reform Act 2005, omit paragraph
133;
(e) in Schedule 2 to the Armed Forces Act 2011, omit paragraph 3.
Section 18(7) SCHEDULE 3
LEADERSHIP OF TRIBUNALS
PART 1
25AMENDMENTS OF CONSTITUTIONAL REFORM ACT 2005
1 The Constitutional Reform Act 2005 is amended as follows.
2 In section 5 (representations to Parliament), after subsection (1) insert—
“(1A) In subsection (1) “the judiciary” includes, in relation to England and
Wales, every person who is—
30(a) a judge, or other member, of the First-tier Tribunal or Upper
Tribunal,
(b) a member of a panel of members of employment tribunals
established for England and Wales (whether or not a panel
of Employment Judges),
59 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 1—Amendments of Constitutional Reform Act 2005

(c) a judge, or other member, of the Employment Appeal
Tribunal, or
(d) a tribunal, or a member of a tribunal, in a list in Schedule 6
5
to the Tribunals, Courts and Enforcement Act 2007 that has
effect for the purposes of section 30 of that Act,
and who exercises functions wholly or mainly in England and
Wales.”
3 In the italic heading before section 7, for “and courts” substitute “, courts
and tribunals”.
104 In section 7 (responsibilities of Lord Chief Justice of England and Wales)—
(a) in subsection (2), in paragraph (c), omit “and the allocation of work
within courts”;
(b) in subsection (3), for the words from “entitled” to the end
substitute “—
15(a) responsible for the allocation of work within those
courts, and
(b) entitled to sit in any of those courts.”
5 In section 16 (functions of the Lord Chief Justice during vacancy or
incapacity), in subsection (3), at the end of paragraph (d) insert “, or
20(e) the Senior President of Tribunals, if the offices in paragraphs
(a) to (d) are vacant and the Senior President of Tribunals
is an ex-officio judge of the Court of Appeal.”
6 In section 75B (Senior President of Tribunals: selection process)—
(a) after subsection (1B) insert—
25“(1BA) The judicial members of the panel must include—
(a) the senior judge of the Supreme Court (within the
meaning given by section 26(5B)), and
(b) at least one person who appears to the Commission
30
to have knowledge or experience of one or more of
the tribunals listed in subsection (1BB),
and both requirements may be met by the same person’s
membership of the panel.
(1BB) The tribunals are—
(a) the First-tier Tribunal,
35(b) the Upper Tribunal,
(c) employment tribunals, and
(d) the Employment Appeal Tribunal.”;
(b) in subsection (3), before paragraph (a) insert—
“(za) the Lord Chancellor,”.
Courts and Tribunals Bill 60
Schedule 3—Leadership of tribunals
Part 1—Amendments of Constitutional Reform Act 2005

7 In section 85 (selection of puisne judges and other office holders), in
subsection (1), for paragraph (e) substitute—
“(e) an appointment to an office listed in Table 2A of Part 3 of
5
that Schedule in exercise of the Lord Chief Justice’s function
under the enactment listed opposite that office;
(f) an appointment to an office listed in Table 2B of Part 3 of
that Schedule in exercise of the function of the Senior
President of Tribunals under the enactment listed opposite
that office;
10(g) an appointment to an office listed in Table 2C of Part 3 of
that Schedule in joint exercise of the function of the Lord
Chief Justice and the Senior President of Tribunals under
the enactment listed opposite that office.”
8 Section 86 (duty to fill vacancies) is amended as follows. (1)
15(2) In subsection (2A), after “Part 2” insert “, or Table 2A of Part 3,”.
(3) In subsection (2B), for “Table 2” substitute “Table 2B”.
(4) After subsection (2B) insert—
“(2C) The Lord Chief Justice and the Senior President of Tribunals, acting
20
jointly, must make an appointment to fill any vacancy in an office
listed in Table 2C of Part 3 of that Schedule.”
(5) In subsection (4), for “and (2B)” substitute “to (2C)”.
9 Section 94C (selection process) is amended as follows. (1)
(2) In subsection (2)—
(a) in paragraph (f), after “Part 1 or 2” insert “, or Table 2A of Part 3,”;
25(b) in paragraph (g), for “Table 2” substitute “Table 2B”;
(c) after paragraph (g) insert—
“(ga) give functions to the Lord Chief Justice and the Senior
President of Tribunals, acting jointly, in connection
30
with selection for an office listed in Table 2C of Part
3 of Schedule 14, including—
(i) power to reject, or require the reconsideration
of, initial or subsequent selections made on a
request under section 87, and
(ii)
35
power to require the reconsideration of a
decision mentioned in paragraph (d);”;
(d) after paragraph (q) insert—
“(qa) make provision about the exercise of functions given
by the regulations to the Lord Chief Justice and the
40
Senior President of Tribunals acting jointly, in reliance
on paragraph (ga), including provision prohibiting
or restricting delegation of such functions;”.
(3) In subsection (4)—
61 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 1—Amendments of Constitutional Reform Act 2005

(a) in paragraph (b), after “Part 1 or 2” insert “, or Table 2A of Part 3,”;
(b) in paragraph (c), for “Table 2” substitute “Table 2B”;
(c) after paragraph (c) insert—
“(d)
5
the Lord Chief Justice and the Senior President of
Tribunals, acting jointly, where the selection relates
to an office listed in Table 2C of Part 3 of that
Schedule.”
10 In section 99 (complaints: interpretation)—
(a)
10
in subsection (3A), in paragraph (b), after “Part 2” insert “, or Table
2A or 2C of Part 3,”;
(b) in subsection (3B), in paragraph (b), for “Table 2” substitute “Table
2B or 2C”;
(c) after subsection (3B) insert—
“(3C)
15
A complaint by a qualifying complainant of
maladministration by the Lord Chief Justice and the Senior
President of Tribunals, acting jointly, or anyone acting on
behalf of them, in connection with appointment to an office
listed in Table 2C of Part 3 of Schedule 14 (a
“joint-appointment complaint”), is to be treated as—
20(a) an LCJ complaint if made to the Lord Chief Justice,
and
(b) an SPT complaint if made to the Senior President of
Tribunals.”
11 In section 102 (report and recommendations), after subsection (4) insert—
25“(5) In relation to a joint-appointment complaint, the recommendations
that may be made under subsection (2)(c) include recommendations
about action the Ombudsman recommends should be taken by the
Lord Chief Justice and the Senior President of Tribunals, acting
jointly.”
3012 Section 103 (report procedure) is amended as follows. (1)
(2) In subsection (2)—
(a) in paragraph (b), after “LCJ complaint” insert “or a joint-appointment
complaint made to the Senior President of Tribunals”;
(b)
35
in paragraph (c), after “SPT complaint” insert “or a joint-appointment
complaint made to the Lord Chief Justice”.
(3) In subsection (5A), after “LCJ complaint” insert “, other than a
joint-appointment complaint,”.
(4) In subsection (5B), after “SPT complaint” insert “, other than a
joint-appointment complaint,”.
Courts and Tribunals Bill 62
Schedule 3—Leadership of tribunals
Part 1—Amendments of Constitutional Reform Act 2005

(5) After subsection (5B) insert—
“(5C) If the complaint was a joint-appointment complaint the Ombudsman
must send the report in triplicate to the Lord Chancellor, the Lord
Chief Justice and the Senior President of Tribunals.”
513 Schedule 14 (the Judicial Appointments Commission: relevant offices and
enactments) is amended as follows.
(1)
(2) In Part 1 (appointments by His Majesty)—
(a) in Table 2 (appointments where the Commission reports to the Lord
Chief Justice), at the end insert—
10Paragraph 1(1) of
Schedule 3 to the
10
11
“Judge of the Upper Tribunal by
12
appointment under paragraph 1(1) of
Tribunals, Courts and
13
Schedule 3 to the Tribunals, Courts and
Enforcement Act
2007”; 14
Enforcement Act 2007, but not where it is
15
intended that the person to be appointed
will exercise functions wholly or mainly
in Scotland or Northern Ireland
(b) for Table 3 (appointments where the Commission reports to the
Senior President of Tribunals) substitute—
20
“Table 3 Appointments where the Commission reports to the Senior
President of Tribunals
Enactment 21 Office
Paragraph 1(1) of
Schedule 3 to the
22 Judge of the Upper Tribunal, where—
23 (a)
24
the appointment is under paragraph
25
1(1) of Schedule 3 to the Tribunals,
25
Tribunals, Courts and
Enforcement Act 2007”. Courts and Enforcement Act 2007,
and
(b) it is intended that the person to be
appointed will exercise functions
30
wholly or mainly in Scotland or
Northern Ireland.
(3) In Part 3 (tribunal-related and other appointments), for Table 2 substitute—
“Table 2A Appointments by the Lord Chief Justice
Enactment 33 Office
35
Section 7(7) of the
Tribunals, Courts and
Enforcement Act 2007
34
35
Chamber President of a chamber of the First-tier
36
Tribunal, or of a chamber of the Upper Tribunal,
where—
(a) the chamber is one whose business involves
only the application of the law of England
and Wales,
63 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 1—Amendments of Constitutional Reform Act 2005

(b) the appointment is under section 7(7) of
the Tribunals, Courts and Enforcement Act
2007, and
(c)
5
the person is not appointed in accordance
with paragraph 2(2) to (5) of Schedule 4 to
that Act.
Paragraph 1(1) of
Schedule 2 to the
7 Judge of the First-tier Tribunal, where—
8 (a)
9
the appointment is under paragraph 1(1)
10
of Schedule 2 to the Tribunals, Courts and
Enforcement Act 2007, and 10
Tribunals, Courts and
Enforcement Act 2007
(b) it is not intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
15
Paragraph 2(1) of
Schedule 2 to the
14 Other member of the First-tier Tribunal, where—
15 (a)
16
the appointment is under paragraph 2(1)
of Schedule 2 to the Tribunals, Courts and
Enforcement Act 2007, and 17
Tribunals, Courts and
Enforcement Act 2007
(b) it is not intended that the person to be
20
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
Paragraph 2(1) of
Schedule 3 to the
21 Other member of the Upper Tribunal, where—
22 (a)
23
the appointment is under paragraph 2(1)
of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007, and 24
Tribunals, Courts and
Enforcement Act 2007
25(b) it is not intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
Paragraph 7(1) of
30
Schedule 3 to the
28 Deputy judge of the Upper Tribunal, where—
29 (a)
30
the appointment is under paragraph 7(1)
of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007, and 31
Tribunals, Courts and
Enforcement Act 2007
(b) it is not intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
35Paragraph 5(1) of
Schedule 4 to the
35
36
Deputy Chamber President of a chamber of the
37
First-tier Tribunal, or of a chamber of the Upper
Tribunal, where— Tribunals, Courts and
Enforcement Act 2007 38 (a) the chamber is one whose business involves
40
only the application of the law of England
and Wales, and
(b) the person is not appointed in accordance
with paragraph 5(5) to (8) of Schedule 4 to
the Tribunals, Courts and Enforcement Act
2007.
45Table 2B Appointments by the Senior President of Tribunals
Courts and Tribunals Bill 64
Schedule 3—Leadership of tribunals
Part 1—Amendments of Constitutional Reform Act 2005

Enactment Office
Section 7(7) of the
Tribunals, Courts and
Enforcement Act 2007
2
3
Chamber President of a chamber of the First-tier
4
Tribunal, or of a chamber of the Upper Tribunal,
where—
5(a) the chamber is one whose business involves
only the application of the law of Scotland
or Northern Ireland,
(b) the appointment is under section 7(7) of
10
the Tribunals, Courts and Enforcement Act
2007, and
(c) the person is not appointed in accordance
with paragraph 2(2) to (5) of Schedule 4 to
that Act.
15
Paragraph 1(1) of
Schedule 2 to the
14 Judge of the First-tier Tribunal, where—
15 (a)
16
the appointment is under paragraph 1(1)
of Schedule 2 to the Tribunals, Courts and
Enforcement Act 2007, and 17
Tribunals, Courts and
Enforcement Act 2007
(b) it is intended that the person to be
20
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
Paragraph 2(1) of
Schedule 2 to the
21 Other member of the First-tier Tribunal, where—
22 (a)
23
the appointment is under paragraph 2(1)
of Schedule 2 to the Tribunals, Courts and
Enforcement Act 2007, and 24
Tribunals, Courts and
Enforcement Act 2007
25(b) it is intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
Paragraph 2(1) of
30
Schedule 3 to the
28 Other member of the Upper Tribunal, where—
29 (a)
30
the appointment is under paragraph 2(1)
of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007, and 31
Tribunals, Courts and
Enforcement Act 2007
(b) it is intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
35Paragraph 7(1) of
Schedule 3 to the
35 Deputy judge of the Upper Tribunal, where—
36 (a)
37
the appointment is under paragraph 7(1)
of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007, and 38
Tribunals, Courts and
Enforcement Act 2007
(b)
40
it is intended that the person to be
appointed will exercise functions wholly or
mainly in Scotland or Northern Ireland.
Paragraph 5(1) of
Schedule 4 to the
42
43
Deputy Chamber President of a chamber of the
44
First-tier Tribunal, or of a chamber of the Upper
Tribunal, where—
65 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 1—Amendments of Constitutional Reform Act 2005

Tribunals, Courts and
Enforcement Act 2007
1 (a)
2
the chamber is one whose business involves
only the application of the law of Scotland
or Northern Ireland, and
(b) the person is not appointed in accordance
5
with paragraph 5(5) to (8) of Schedule 4 to
the Tribunals, Courts and Enforcement Act
2007.
Table 2C Appointments by the Lord Chief Justice and the Senior President
of Tribunals acting jointly
Enactment 10 Office
10Section 7(7) of the
Tribunals, Courts
11
12
Chamber President of a chamber of the First-tier
13
Tribunal, or of a chamber of the Upper Tribunal,
where— and Enforcement Act
2007 14 (a) the chamber is one whose business involves
15
the application of the law of England and
Wales and the law of Scotland or Northern
Ireland,
(b) the appointment is under section 7(7) of the
Tribunals, Courts and Enforcement Act 2007,
and
20(c) the person is not appointed in accordance
with paragraph 2(2) to (5) of Schedule 4 to
that Act.
Paragraph 5(1) of
25
Schedule 4 to the
24
25
Deputy Chamber President of a chamber of the
26
First-tier Tribunal, or of a chamber of the Upper
Tribunal, where— Tribunals, Courts
27 (a) the chamber is one whose business involves
the application of the law of England and 28
and Enforcement Act
2007”.
Wales and the law of Scotland or Northern
Ireland, and
30(b) the person is not appointed in accordance
with paragraph 5(5) to (8) of Schedule 4 to
the Tribunals, Courts and Enforcement Act
2007.
PART 2
35AMENDMENTS OF TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
14 The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
15 In section 2 (Senior President of Tribunals), at the end insert—
“(5) See also section 9A of the Constitutional Reform Act 2005 (which
40
provides that the Senior President of Tribunals is, in England and
Wales, Head of Tribunals Justice).”
16 Section 7 (chambers: jurisdiction and Presidents) is amended as follows. (1)
Courts and Tribunals Bill 66
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

(2) In subsection (1), after “concurrence of” insert “the Lord Chief Justice of
England and Wales and”.
(3) In subsection (6), for “The Senior President of Tribunals” substitute “The
appropriate authority”.
5(4) In subsection (7), for “The Senior President of Tribunals” substitute “The
appropriate authority”.
(5) After subsection (8) insert—
“(8A) In subsections (6) and (7), and in paragraph 2 of Schedule 4, “the
appropriate authority” means—
10(a) in relation to the appointment of a person to preside over a
chamber whose business involves only the application of the
law of England and Wales, the Lord Chief Justice of England
and Wales;
(b)
15
in relation to the appointment of a person to preside over a
chamber whose business involves only the application of the
law of Scotland or Northern Ireland, the Senior President of
Tribunals;
(c) in any other case, the Lord Chief Justice and the Senior
President of Tribunals, acting jointly.
20(8B) Each of the Lord Chancellor, the Lord Chief Justice of England and
Wales and the Senior President of Tribunals may, with the
concurrence of each of the others, by order—
(a) make provision for the allocation of the First-tier Tribunal’s
functions in England and Wales between its chambers;
25(b) make provision for the allocation of the Upper Tribunal’s
functions in England and Wales between its chambers;
(c) amend or revoke any order made under this subsection.”
(6) In subsection (9), in paragraphs (a) and (b), after “functions” insert “in
Scotland or Northern Ireland”.
30(7) After subsection (9) insert—
“(10) Subsections (11) and (12) apply to provision which—
(a) allocates a tribunal’s functions in England and Wales between
its chambers, and
(b)
35
is contained in an order under subsection (9) made at any
time before the coming into force of subsection (8B).
(11) The Lord Chief Justice of England and Wales may, with the
concurrence of the Lord Chancellor and the Senior President of
Tribunals, by order amend or revoke the provision.
(12)
40
Any power to amend or revoke the provision under subsection (9)
may only be exercised by the Lord Chancellor or the Senior President
of Tribunals with the concurrence of the Lord Chief Justice of
England and Wales.”
67 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

17 After section 7 insert—
“7A Lord Chief Justice: power to delegate
(1) The Lord Chief Justice of England and Wales (the “Lord Chief
5
Justice”) may, subject to the following provisions of this section,
delegate any relevant tribunal function—
(a) to any judge, or other member, of the Upper Tribunal or
First-tier Tribunal;
(b) to staff appointed under section 2(1) of the Courts Act 2003
or section 40(1) of this Act.
10(2) A function of the Lord Chief Justice may not be delegated under
subsection (1) to a person who—
(a) is a judge, or other member, of the Upper Tribunal or
First-tier Tribunal only by virtue of the person being a
15
relevant Scottish office-holder or a relevant Northern Ireland
office-holder, and
(b) is not a Chamber President, or a Deputy Chamber President,
of a chamber of the Upper Tribunal or of a chamber of the
First-tier Tribunal.
(3)
20
A function of the Lord Chief Justice under paragraph 1(1) or 2(1)
of Schedule 2 may be delegated under subsection (1) only to—
(a) a senior judge, or
(b) a Chamber President of a chamber of the Upper Tribunal.
(4) A function of the Lord Chief Justice under any of the provisions
25
listed in subsection (5) may be delegated under subsection (1) only
to a senior judge.
(5) The provisions are—
section 7(7);
section 7(8B) and (11);
paragraph 2(1) of Schedule 3;
30paragraph 7(1) of Schedule 3;
paragraph 2 of Schedule 4 (but not sub-paragraph (2)(b));
paragraph 5(1) and (3) of Schedule 4;
paragraph 5(5) of Schedule 4 (but not paragraph (b));
paragraph 5(6) to (8) of Schedule 4;
35paragraph 5A(3A) of Schedule 4.
(6) Subsection (1) does not apply to functions of the Lord Chief Justice
under any of the following—
section 29B;
section 29D;
40section 46;
paragraphs 3(4) and 6(3)(a) of Schedule 2;
paragraphs 3(4) and 6(3)(a) of Schedule 3;
Courts and Tribunals Bill 68
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

paragraphs 2(2)(b) and 5(5)(b) of Schedule 4;
paragraph 3 of Schedule 5;
paragraphs 21(2), 22, 24(A1) and 25(2)(a) of Schedule 5;
section 5B of the Employment Tribunals Act 1996;
5sections 22 to 24 of that Act;
paragraph 2 of Schedule A1 to that Act.
(7) A delegation under subsection (1) is not revoked by the delegator’s
becoming incapacitated.
(8)
10
Any delegation under subsection (1) that is in force immediately
before a person ceases to be Lord Chief Justice continues in force
until varied or revoked by a subsequent holder of the office of Lord
Chief Justice.
(9) The delegation under subsection (1) of a function does not prevent
the exercise of the function by the Lord Chief Justice.
15(10) For the purposes of subsection (2)—
(a) a person is a “relevant Scottish office-holder” if the person
is—
(i) a judge of the Court of Session,
(ii) a sheriff in Scotland,
20(iii) the President of Employment Tribunals (Scotland),
(iv) the Vice President of Employment Tribunals
(Scotland), or
(v) a member of a panel of members of employment
25
tribunals (whether or not a panel of Employment
Judges) established for Scotland;
(b) a person is a “relevant Northern Ireland office-holder” if the
person is—
(i) a Lord Justice of Appeal in Northern Ireland,
(ii) a puisne judge of the High Court in Northern Ireland,
30(iii) a county court judge in Northern Ireland,
(iv) a district judge in Northern Ireland,
(v) the Chief Social Security Commissioner, or any other
Social Security Commissioner, appointed under
35
section 50(1) of the Social Security Administration
(Northern Ireland) Act 1992, or
(vi) a Social Security Commissioner appointed under
section 50(2) of that Act (deputy Commissioners).
(11) In this section—
40
“relevant tribunal function” means any function the Lord Chief
Justice has relating to tribunals, other than a function
conferred on the Lord Chief Justice by or under the
Constitutional Reform Act 2005;
69 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

“senior judge” has the meaning given by section 109(5) of the
Constitutional Reform Act 2005;
“tribunals” means—
(a) the First-tier Tribunal,
5(b) the Upper Tribunal,
(c) employment tribunals, and
(d) the Employment Appeal Tribunal.
7B Further delegation of functions of the Lord Chief Justice
(1)
10
A senior judge to whom a function of the Lord Chief Justice is
delegated under section 7A(1) may, subject to the following
provisions of this section, further delegate the function—
(a) to any judge, or other member, of the Upper Tribunal or
First-tier Tribunal;
(b)
15
to staff appointed under section 2(1) of the Courts Act 2003
or section 40(1) of this Act.
(2) A function of the Lord Chief Justice may not be further delegated
under subsection (1) to a person who—
(a) is a judge, or other member, of the Upper Tribunal or
20
First-tier Tribunal only by virtue of the person being a
relevant Scottish office-holder or a relevant Northern Ireland
office-holder, and
(b) is not a Chamber President, or a Deputy Chamber President,
of a chamber of the Upper Tribunal or of a chamber of the
First-tier Tribunal.
25(3) A function of the Lord Chief Justice under paragraph 1(1) or 2(1)
of Schedule 2 may be further delegated under subsection (1) only
to a person appointed as—
(a) Deputy Head of Tribunals Justice, or
(b) Chamber President of a chamber of the Upper Tribunal.
30(4) Subsection (1) does not apply to functions of the Lord Chief Justice
under any of the provisions listed in section 7A(5).
(5) A delegation under subsection (1) is not revoked by the delegator’s
becoming incapacitated.
(6)
35
Any delegation under subsection (1) that is in force immediately
before the delegator ceases to hold office as a senior judge continues
in force until varied or revoked by a subsequent holder of the same
office or another senior judge.
(7) The delegation under subsection (1) of a function does not prevent
40
the exercise of the function by the delegator (or the Lord Chief
Justice).
(8) In this section—
Courts and Tribunals Bill 70
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

“the Lord Chief Justice” means the Lord Chief Justice of
England and Wales;
“relevant Scottish office-holder” and “relevant Northern Ireland
5
office-holder” have the same meaning as in subsection (2)
of section 7A (see subsection (10) of that section);
“senior judge” has the meaning given by section 109(5) of the
Constitutional Reform Act 2005.”
18 Section 8 (Senior President of Tribunals: power to delegate) is amended as
follows.
(1)
10(2) In subsection (1)—
(a) in the words before paragraph (a), after “may” insert “, subject to
the following provisions of this section,”;
(b) in paragraph (b), for “section 40(1)” substitute “section 2(1) of the
Courts Act 2003 or section 40(1) of this Act”.
15(3) In subsection (1A)—
(a) for “paragraph 1(1) or 2(1) of Schedule 2” substitute “any of the
provisions listed in subsection (1B)”;
(b) for “a Chamber President of a chamber of the Upper Tribunal”
substitute “a person appointed as—
20(a) Deputy Head of Tribunals Justice, or
(b) Chamber President of a chamber of the Upper
Tribunal”.
(4) After subsection (1A) insert—
“(1B) The provisions are—
25section 7(7);
section 7(8B) and (9);
paragraph 1(1) of Schedule 2;
paragraph 2(1) of Schedule 2;
paragraph 2(1) of Schedule 3;
30paragraph 7(1) of Schedule 3;
paragraph 2 of Schedule 4;
paragraph 5(1) and (3) of Schedule 4;
paragraph 5(5) to (8) of Schedule 4;
paragraph 5A(3A) of Schedule 4.”
35(5) For subsection (2) substitute—
“(2) Subsection (1) does not apply to functions of the Senior President
of Tribunals under any of the following—
section 29B;
section 29D;
40section 46;
paragraph 3 of Schedule 5;
71 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

paragraph 2 of Schedule A1 to the Employment Tribunals
Act 1996.”
(6) After subsection (5) insert—
“(6)
5
Subsection (1) does not apply to functions of the Lord Chief Justice
of England and Wales delegated to the Senior President of Tribunals
under section 7A (but see section 7B for provision about further
delegation of such functions).”
19 After section 8 insert—
“8A Delegation: supplementary
10(1) Where a function is exercisable, in a particular case, by the Lord
Chief Justice and the Senior President of Tribunals, acting jointly—
(a) so far as the function is exercisable by the Lord Chief Justice,
it is to be treated for the purposes of section 7A as a relevant
15
tribunal function and may be delegated under that section,
and further delegated under section 7B, accordingly
(including to the Senior President of Tribunals);
(b) so far as the function is exercisable by the Senior President
of Tribunals—
(i)
20
it is to be treated for the purposes of section 8 as a
function the Senior President of Tribunals has in that
capacity and may be delegated under section 8
accordingly, but
(ii) it may not be delegated under that section to the
Lord Chief Justice.
25(2) Where a person (“the delegator”) has a power to delegate a function
under section 7A, 7B or 8—
(a) any requirement that the delegator may exercise the function
only with the concurrence of another person (“P”) does not
prevent the delegator from delegating the function to P, and
30(b) if the delegator delegates the function to P, any such
requirement is to be disregarded so far as the function is
exercised by P.
(3) In this section “the Lord Chief Justice” means the Lord Chief Justice
of England and Wales.”
3520 Section 23 (practice directions) is amended as follows. (1)
(2) In subsection (1), for “The Senior President of Tribunals” substitute “The
Lord Chief Justice of England and Wales and the Senior President of
Tribunals, acting jointly,”.
(3) After subsection (1) insert—
40“(1A) The Lord Chief Justice of England and Wales may give directions—
Courts and Tribunals Bill 72
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

(a) as to the practice and procedure of a chamber of the First-tier
Tribunal whose business involves only the application of the
law of England and Wales;
(b)
5
as to the practice and procedure of a chamber of the Upper
Tribunal whose business involves only the application of the
law of England and Wales.
(1B) The Senior President of Tribunals may give directions—
(a) as to the practice and procedure of a chamber of the First-tier
10
Tribunal whose business involves only the application of the
law of Scotland or Northern Ireland;
(b) as to the practice and procedure of a chamber of the Upper
Tribunal whose business involves only the application of the
law of Scotland or Northern Ireland.”
(4) In subsection (4), after “(1)” insert “, (1A) or (1B)”.
15(5) In subsection (5)—
(a) before paragraph (a) insert—
“(za) the Lord Chief Justice of England and Wales, if the
business of the chamber to which the directions relate
20
involves the application of the law of England and
Wales,”;
(b) in paragraph (a), after “Tribunals,” insert “if the business of the
chamber to which the directions relate involves the application of
the law of Scotland or Northern Ireland,”.
21
25
Section 29B (directions and independence: authorised persons) is amended
as follows.
(1)
(2) Before subsection (1) insert—
“(A1) The Lord Chief Justice of England and Wales may give directions
to an authorised person, other than an authorised person who
30
exercises functions wholly or mainly in Scotland or Northern
Ireland.”
(3) In subsection (1), at the end insert “who exercises functions wholly or
mainly in Scotland or Northern Ireland”.
(4) After subsection (2) insert—
“(2A)
35
The Lord Chief Justice of England and Wales may delegate to one
or more of the following the Lord Chief Justice’s functions under
subsection (A1)—
(a) a judicial office holder;
(b) a person appointed under section 2(1) of the Courts Act 2003
or section 40(1) of this Act.”
40(5) After subsection (3) insert—
“(3A) Any function of the Lord Chief Justice of England and Wales
1
delegated to the Senior President of Tribunals under subsection (2A)
73 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

is to be treated for the purposes of subsection (3) as a function of
the Senior President of Tribunals under subsection (1) (and so may
be further delegated by the Senior President of Tribunals under
subsection (3)).”
5(6) In subsection (4)—
(a) in the words before paragraph (a)—
(i) omit “of the Senior President of Tribunals”;
(ii) for “subsection (3)(b)” substitute “subsection (2A)(b) or
(3)(b)”;
10(b) in paragraph (a), for “the Senior President of Tribunals” substitute
“the person who delegated the functions”;
(c) in paragraph (b), for “the Senior President of Tribunals” substitute
“that person”.
(7) After subsection (4) insert—
15“(4A) Subsections (7) to (9) of section 7A apply to—
(a) a delegation under subsection (2A) of this section, and
(b) a nomination by the Lord Chief Justice of England and Wales
under subsection (4) of this section,
as they apply to a delegation under subsection (1) of that section.”
20(8) In subsection (5)(b), after “nomination” insert “by the Senior President of
Tribunals”.
22 Section 29D (costs or expenses in legal proceedings: authorised persons) is
amended as follows.
(1)
(2) In subsection (4), omit “, after consulting the Senior President of Tribunals,”.
25(3) After subsection (4) insert—
“(4A) Before making regulations under subsection (4), the Lord Chancellor
must consult—
(a) the Lord Chief Justice of England and Wales, and
(b) the Senior President of Tribunals.”
30(4) After subsection (5) insert—
“(5A) The Lord Chief Justice of England and Wales may delegate the Lord
Chief Justice’s functions under subsection (4A) to a person who is
a judicial office holder.
(5B)
35
Subsections (7) to (9) of section 7A apply to a delegation under
subsection (5A) of this section as they apply to a delegation under
subsection (1) of that section.”
(5) In subsection (6), for “subsection (4)” substitute “subsection (4A)”.
(6) After subsection (6) insert—
“(6A)
40
Any function of the Lord Chief Justice of England and Wales
1
delegated to the Senior President of Tribunals under subsection (5A)
Courts and Tribunals Bill 74
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

is to be treated for the purposes of subsection (6) as a function of
the Senior President of Tribunals under subsection (4A) (and so
may be further delegated by the Senior President of Tribunals under
subsection (6)).”
523 In section 40 (tribunal staff and services), in subsection (5), after “consult”
insert “the Lord Chief Justice of England and Wales and”.
24 In section 42 (fees), in subsection (5), after paragraph (a) insert “and
(aa) to the extent that the order relates to fees payable in England
and Wales, the Lord Chief Justice of England and Wales.”
1025 In section 43 (report by Senior President of Tribunals), in subsection (3)—
(a) in paragraph (a), after “First-tier Tribunal” insert “in Scotland or
Northern Ireland”;
(b) in paragraph (b), after “Upper Tribunal” insert “in Scotland or
Northern Ireland”;
15(c) in paragraph (c), after “Employment Appeal Tribunal” insert “in
Scotland”;
(d) in paragraph (d), after “employment tribunals” insert “in Scotland”.
26 Section 46 (delegation of functions by Lord Chief Justice etc.) is amended
as follows.
(1)
20(2) In the heading, before “functions” insert “certain”.
(3) In subsection (1), omit the words from “(as” to “2005)”.
(4) In subsection (2)—
(a) for “paragraphs 2(2) and 5(5) of Schedule 4” substitute “paragraphs
2(2)(b) and 5(5)(b) of Schedule 4”;
25(b) in the entry for Schedule 5, for “24” substitute “24(A1)”.
(5) After subsection (2) insert—
“(2A) Subsection (2B) applies where the Senior President of Tribunals is
nominated under subsection (1) to exercise a function of the Lord
Chief Justice of England and Wales.
30(2B) The Senior President of Tribunals may nominate another judicial
office holder to exercise the function.
(2C) In this section “judicial office holder” has the meaning given by
section 109(4) of the Constitutional Reform Act 2005.”
27
35
In section 47 (co-operation in relation to judicial training, guidance and
welfare), in subsection (4)—
(a) before paragraph (a) insert—
“(za) the person is the Lord Chief Justice of England and
Wales,”;
75 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

(b) in paragraph (b), for “the Senior President of Tribunals or the
President of Welsh Tribunals” substitute “a person mentioned in
paragraph (za) or (a)”.
28 Section 49 (orders and regulations under Part 1) is amended as follows. (1)
5(2) In subsection (1)—
(a) after paragraph (a) insert—
“(aa) of the Lord Chief Justice of England and Wales to
make an order under section 7(8B) or (11),”;
(b) in paragraph (b), for “section 7(9)” substitute “section 7(8B) or (9)”.
10(3) In subsection (2)—
(a) for the words from “power” to “if” substitute “powers mentioned
in subsection (1)(aa) and (b) as if the Lord Chief Justice of England
and Wales and”;
(b) after “were” insert “each”.
15(4) In subsection (8)—
(a) after paragraph (a) insert—
“(aa) an order made by the Lord Chief Justice of England
and Wales under section 7(8B) or (11);”;
(b) in paragraph (b), for “section 7(9)” substitute “section 7(8B) or (9)”.
2029 Schedule 1 (Senior President of Tribunals) is amended as follows. (1)
(2) Part 1 (recommendations for appointment) is amended in accordance with
sub-paragraphs (3) to (5).
(3) In paragraph 1 (duty to fill vacancies), in sub-paragraph (2), for “agrees”
25
substitute “, the Lord President of the Court of Session and the Lord Chief
Justice of Northern Ireland agree”.
(4) Omit the italic heading before paragraph 2.
(5) In paragraph 2—
(a) omit sub-paragraphs (1) to (4);
(b)
30
in sub-paragraph (5), for the words from the beginning to
“consultation” substitute “Before the Lord Chancellor may
recommend a person for appointment to the office of Senior
President of Tribunals”.
(6) In Part 2 (selection by the Judicial Appointments Commission), in paragraph
3 (eligibility for selection), before paragraph (a) insert—
35“(za) the person is a judge of the Court of Appeal in England and
Wales,”.
(7) Part 3 (terms of office) is amended in accordance with sub-paragraphs (8)
and (9).
(8) In paragraph 6 (tenure and removal)—
40(a) omit sub-paragraph (1);
Courts and Tribunals Bill 76
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

(b) in sub-paragraph (2)—
(i) for “Subject to sub-paragraph (1) (and to the 1993 Act), a”
substitute “A”;
(ii)
5
after “shall” insert “(subject to the Judicial Pensions and
Retirement Act 1993)”;
(c) omit sub-paragraph (4).
(9) Omit paragraph 7.
(10) After Part 3 insert—
“PART 3A
10FUNCTIONS OF THE SENIOR PRESIDENT DURING VACANCY OR INCAPACITY
Functions of the Senior President during vacancy or incapacity
11A This paragraph applies where— (1)
(a) the Senior President of Tribunals is unable to exercise the
functions of that office, or
15(b) the office of Senior President of Tribunals is vacant.
(2) The Lord Chief Justice of England and Wales may, with the
concurrence of the Lord President of the Court of Session and
the Lord Chief Justice of Northern Ireland, appoint a person who
20
holds high judicial office to exercise specified functions of the
Senior President of Tribunals.
(3) An appointment under sub-paragraph (2)—
(a) must be in writing, and
(b) must set out the duration of the appointment.
(4) In sub-paragraph (2)—
25“high judicial office” has the same meaning as in Part 3 of
the Constitutional Reform Act 2005 (see section 60(2)(a)
of that Act);
“specified” means specified in the appointment.”
(11)
30
Part 4 (certain functions of the Senior President) is amended in accordance
with sub-paragraphs (12) to (16).
(12) In the italic heading before paragraph 12, for ““tribunal member”” substitute
““relevant tribunal member””.
(13) In paragraph 12(1) (meaning of “tribunal member”)—
(a)
35
in the words before paragraph (a), for ““tribunal member”” substitute
““relevant tribunal member””;
(b) in paragraph (a), after “Upper Tribunal” insert “who exercises
functions wholly or mainly in Scotland or Northern Ireland”;
(c) in paragraph (c), after “employment tribunals” insert “established
for Scotland”;
77 Courts and Tribunals Bill
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007

(d) in paragraph (d), after “Employment Appeal Tribunal” insert “who
exercises functions wholly or mainly in Scotland”;
(e) for paragraph (e) substitute—
“(e) a person who—
5(i) is, or is a member of, a tribunal in a list in
Schedule 6 that has effect for the purposes of
section 30, and
(ii) exercises functions wholly or mainly in
Scotland or Northern Ireland.”
10(14) In paragraph 13 (representations to Parliament)—
(a) in paragraph (a), for “tribunal members” substitute “relevant tribunal
members”;
(b) in paragraph (b), after “tribunals” insert “in Scotland or Northern
Ireland”.
15(15) In paragraph 14 (representation of views of tribunal members), and in the
italic heading before it, for “tribunal members” substitute “relevant tribunal
members”.
(16) After paragraph 14 insert—
“Training etc.
2015 The Senior President of Tribunals is responsible, within the
resources made available by the Lord Chancellor, for the
maintenance of appropriate arrangements for the training,
guidance and welfare of—
(a)
25
judges, and other members, of the First-tier Tribunal who
exercise functions wholly or mainly in Scotland or
Northern Ireland (in their capacities as such judges and
other members),
(b) judges, and other members, of the Upper Tribunal who
30
exercise functions wholly or mainly in Scotland or
Northern Ireland (in their capacities as such judges and
other members),
(c) members of panels of members of employment tribunals
established for Scotland (in their capacities as members
35
of such panels, whether or not panels of Employment
Judges), and
(d) judges, and other members, of the Employment Appeal
Tribunal who exercise functions wholly or mainly in
Scotland (in their capacities as members of the
Employment Appeal Tribunal).”
4030 Schedule 2 (judges and other members of the First-tier Tribunal) is amended
as follows.
(1)
(2) In paragraph 1 (power to appoint judges)—
Courts and Tribunals Bill 78
Schedule 3—Leadership of tribunals
Part 2—Amendments of Tribunals, Courts and Enforcement Act 2007