Prisons and Courts Bill (HC Bill 145)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as Bill 145—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Elizabeth Truss has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Prisons and Courts Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    Prisons

    1. Purpose of prisons etc; Her Majesty’s Chief Inspector and Inspectorate of Prisons

      1. 1. Prisons: purpose, and role of Secretary of State

      2. 2. Her Majesty’s Chief Inspector and Inspectorate of Prisons

      3. 3. Minor and consequential amendments to Prison Act 1952

    2. The Prisons and Probation Ombudsman

      1. 4. The Prisons and Probation Ombudsman

      2. 5. Investigations of deaths within the Ombudsman’s remit

      3. 6. Investigations of deaths following release etc

      4. 7. Deaths occurring in Scotland: role of Lord Advocate

      5. 8. Reports on deaths investigated by the Ombudsman

      6. 9. Investigation of complaints by the Ombudsman

      7. 10. Reports on complaints investigated by the Ombudsman

      8. 11. Other investigations and reports

      9. 12. Power to enter premises

      10. 13. Powers to require information

      11. 14. Obstruction

      12. 15. Relationship with criminal investigations and disciplinary proceedings

      13. 16. Information sharing

      14. 17. Restrictions on disclosure of information

      15. 18. Annual report

      16. 19. Secure children’s homes in Wales

      17. 20. Sections 4 to 19: interpretation

    3. Prison security

      1. 21. Interference with wireless telegraphy in prisons etc

      2. 22. Testing prisoners for psychoactive substances

  2. Part 2

    Procedures in civil, family and criminal matters

    1. Conducting preliminary proceedings in writing: criminal courts

      1. 23. The written information procedure

      2. 24. Charge by police or prosecutor: non-appearance in court after guilty plea

      3. 25. Either way offence: choice of written procedure for plea before venue

      4. 26. Either way offence: choice of written procedure for mode of trial

      5. 27. Power to proceed if accused absent from allocation proceedings

      6. 28. Low-value shoplifting: choice of written election for Crown Court trial

      7. 29. Sending cases to the Crown Court: adults

      8. 30. Children and young people

    2. Conduct of certain criminal proceedings on the papers

      1. 31. Conduct of criminal proceedings on the papers

    3. Audio and video technology: criminal courts

      1. 32. Expansion of availability of live links in criminal proceedings

      2. 33. Expansion of availability of live links in other criminal hearings

    4. Public participation: court and tribunal proceedings conducted by video or audio

      1. 34. Public participation in proceedings conducted by video or audio

    5. Automatic online conviction and standard statutory penalty

      1. 35. Changes to institution of proceedings by written charge

      2. 36. Automatic online conviction and standard statutory penalty

    6. Online procedure: the civil and family courts and the tribunals

      1. 37. Rules for an online procedure in courts and tribunals

      2. 38. Regulations for the purposes of section 37

      3. 39. The Online Procedure Rule Committee and its powers

      4. 40. Power to change certain requirements relating to the Committee

      5. 41. Making online procedure rules

      6. 42. Power of Lord Chancellor to require rules to be made

      7. 43. Power to make consequential amendments

      8. 44. Amendments of other legislation

      9. 45. Interpretation

    7. Powers to remit proceedings to other courts

      1. 46. Powers to remit proceedings to another court

    8. Prohibition of cross-examination in family proceedings

      1. 47. Prohibition of cross-examination in person in family proceedings

    9. Tribunal rules

      1. 48. Tribunal Procedure Committee: membership

      2. 49. Employment Tribunal Procedure

  3. Part 3

    Organisation and functions of courts and tribunals

    1. Functions of staff of courts and tribunals

      1. 50. Court and tribunal staff: legal advice and judicial functions

    2. Abolition of local justice areas

      1. 51. Abolition of local justice areas

    3. Composition of employment tribunals and the Employment Appeal Tribunal

      1. 52. Composition of tribunals

    4. Delegation of functions by the Senior President of Tribunals

      1. 53. Senior President of Tribunals: power to delegate

    5. Other changes

      1. 54. Traffic and air quality offences: use of statements of truth

      2. 55. Extension of power of High Court to make attachment of earnings orders

  4. Part 4

    The judiciary and the Judicial Appointments Commission

    1. The judiciary

      1. 56. Judges with roles in the leadership of the judiciary

      2. 57. Deployment of judges

      3. 58. President of Employment Tribunals may be appointed to Appeal Tribunal

      4. 59. Remuneration of members of employment tribunals etc

    2. The Judicial Appointments Commission

      1. 60. The Judicial Appointments Commission

  5. Part 5

    Whiplash

    1. Whiplash injuries

      1. 61. “Whiplash injury” etc

    2. Damages

      1. 62. Damages for whiplash injuries

      2. 63. Uplift in exceptional circumstances

    3. Settlement of whiplash claims

      1. 64. Rules against settlement before medical report

      2. 65. Effect of rules against settlement before medical report

      3. 66. Regulation by the Financial Conduct Authority

      4. 67. Interpretation

  6. Part 6

    Final provisions

    1. 68. Consequential and transitional provision etc

    2. 69. Regulations

    3. 70. Extent

    4. 71. Commencement

    5. 72. Short title

    1. Schedule 1

      The Prisons and Probation Ombudsman

    2. Schedule 2

      Interference with wireless telegraphy in prisons etc

    3. Schedule 3

      Conducting preliminary proceedings in writing: children and
      young people

    4. Schedule 4

      Live links in criminal proceedings

      1. Part 1

        Expansion of powers under the Criminal Justice Act 2003

      2. Part 2

        Other amendments

    5. Schedule 5

      Live links in other criminal hearings

      1. Part 1

        Expansion of powers under the Crime and Disorder Act 1998

      2. Part 2

        Other amendments

    6. Schedule 6

      Public participation in proceedings conducted by video or
      audio

    7. Schedule 7

      Automatic online conviction and standard statutory penalty

    8. Schedule 8

      Practice directions

      1. Part 1

        Civil proceedings and family proceedings

      2. Part 2

        Proceedings the First-tier Tribunal and Upper Tribunal

      3. Part 3

        Proceedings in employment tribunals and the Employment
        Appeal Tribunal

    9. Schedule 9

      Amendments relating to the online procedure in courts and
      tribunals

    10. Schedule 10

      Employment Tribunal Procedure

      1. Part 1

        New powers to make Procedure Rules

      2. Part 2

        Consequential and other amendments

    11. Schedule 11

      Court and tribunal staff: legal advice and judicial functions

      1. Part 1

        Courts

      2. Part 2

        Tribunals

    12. Schedule 12

      Abolition of local justice areas

    13. Schedule 13

      Traffic and air quality offences: use of statements of truth

    14. Schedule 14

      Attachment of earnings orders in the High Court

    15. Schedule 15

      Judges with leadership roles

      1. Part 1

        Lord Chief Justice or Head of Division with a fixed-term
        appointment

      2. Part 2

        Other fixed-term appointments in the Senior Courts

      3. Part 3

        District judges

      4. Part 4

        Senior President of Tribunals with a fixed-term appointment

      5. Part 5

        Tribunal Chamber Presidents and Deputy Chamber
        Presidents

      6. Part 6

        Persons holding a fixed-term appointment and another office