Justice Reform (Amendment) Bill 2025 and Contempt of Court Bill 2025
Section 4: Background
The Justice Reform Act 2021 (PDF opens in a new tab) received Royal Assent on the 20 July 2021.
A detailed Justice Reform Act 2021 Implementation Plan (PDF opens in a new tab) was developed by the Department which set out the key deliverables for that Act.
The Implementation Plan set out the evolution of the Justice Reform Act 2021 and included information about the passage of the Justice Reform Bill 2020, and identified the key deliverables from within the Act, and other related information about ongoing work, at that point in time, within the Criminal Justice System.
The Implementation Plan identified the Secondary Legislation and Statutory Guidance deliverables which were set out within Appendix 1 to that Plan, and other key deliverables such as wider guidance/resources/training/services/systems which were set out at Appendix 2 to that Plan. Related information, about ongoing work at that moment in time, was set out within Appendix 3 to the Plan.
Following the introduction of Department Plans, as a mechanism for recording and highlighting the work of Government Departments, recording of actions to support the implementation of the Justice Reform Act 2021 began to be captured within the Department Plan, rather than within the stand-alone Implementation Plan. Therefore, the Implementation Plan is no longer routinely updated, however the Implementation Plan serves as a wealth of background information related to the Justice Reform Act 2021 and remains accessible for that purpose.
Of key relevance to this consultation was a detailed review of the provisions of the Justice Reform Act 2021 and their impact on legislation that governs the procedure of the criminal courts, which took place in 2022. This review was undertaken by drafters in the Attorney General’s Chambers who were working to prepare revised Rules of Court, intended to support the commencement of the Justice Reform Act 2021 and the cascade of changes that would arise from commencement of the Act1.
This granular review identified a range of issues and areas for potential improvement in the operational and technical application of the changes already contained within the Justice Reform Act 2021. This formed the basis of the Justice Reform (Amendment) Bill; and additional enhancements, modernisations and fresh policy changes have been incorporated into the Bill that go beyond these initial review changes. These fresh changes have been the subject of targeted consultation and engagement with a range of key stakeholders, since the passage of the Justice Reform Act 2021, and are brought now to provide for key matters within the broader purpose of the Bill, which are the subject of this consultation.
Finally, in relation to the Justice Reform (Amendment) Bill 2025, it is noted that this is the working title of this Bill, and under which it will be brought for public consultation. However, given the increased scope and content of this Bill, beyond solely amendments to the Justice Reform Act 2021, it is the case that the title of this Bill will be refined prior to any subsequent legislative passage that follows this. At present the suggested alternative title for the Bill is the Justice and Home Affairs (Reform and Miscellaneous Amendments) Bill 2025. Nevertheless, for the purposes of this consultation, the Bill continues to be referred to as the Justice Reform (Amendment) Bill 2025.
Alongside the development of the Justice Reform (Amendment) Bill 2025, a discrete Contempt of Court Bill 2025 has been developed which addresses deficiencies in respect of contempt provisions otherwise in existence within the Island’s laws and where appropriate harmonises with applicable laws. Given that this Bill is in broad alignment with the principles of Justice Reform, and in a number of places complements provision within the Justice Reform Act 2021, or the Justice Reform (Amendment) Bill, this separate Bill is published for the views of consultees to be received, alongside those in relation to the Justice Reform (Amendment) Bill 2025.
1 Specifically, as a result of the changes the Justice Reform Act 2021 makes to key pieces of legislation that govern court procedure, namely the Summary Jurisdiction Act 1989, the Criminal Jurisdiction Act 1993 and the High Court Act 1991, fresh Rules of Court will support this operation.