Justice Reform (Amendment) Bill 2025 and Contempt of Court Bill 2025

Part 1 comprises of sections 1 to 3. This Part is in operation.

Section 1 sets out the short title of the Act – the Justice Reform Act 2021.

Section 2 is a commencement provision stating that the Act will come into effect by the making of Appointed Day Order(s).

Section 3 contains interpretation of abbreviations used within the Act, namely:

• 'CJA 1993' means the Criminal Jurisdiction Act 1993
   
• 'CJA 2001' means the Criminal Justice Act 2001
   
• 'CYPA 1966' means the Children and Young Persons Act 1966
   
• 'PPPA 1998' means the Police Powers and Procedures Act 1998
   
• 'SJA 1989' means the Summary Jurisdiction Act 1989
   
• 'the Appeal Division' means the Staff of Government Division of the High Court and
   
• 'the Department' means the Department of Home Affairs

Sections 1 and 2(1) and (2) of the Justice Reform Act 2021 came into operation on the Act’s announcement to Tynwald on 20 July 2021. Section 2(3) was brought into effect on the 07 September 2022 in accordance with the Justice Reform Act 2021 (Appointed Day) (No. 1) Order 2022 [SD 2022/0265]. (PDF opens in a new tab)

Part 2 comprises of sections 4 and 5. This Part is in operation.

These sections came into operation on 20 February 2024 in accordance with the Justice Reform Act 2021 (Appointed Day) (No. 2) Order 2024 [SD 2024/0046] (PDF opens in a new tab).

Section 4 places the Criminal Justice Board (opens in a new tab), which was first convened in 2012 as part of the introduction of the Criminal Justice Strategy (PDF opens in a new tab), onto a statutory footing and allows for the creation of sub-committees of that Board.

Section 5 enables the Department of Home Affairs to make regulations for sharing information for the purpose of public safety; for the purpose of preventing or reducing crime, disorder or anti-social behaviour; for the purpose of safeguarding the welfare of a particular person; or otherwise in the public interest. Although this section is now commenced, the regulation making power within this section has not yet been utilised.

Part 3 comprises of sections 6 through to 29. This Part has not yet been commenced.

This Part will bring major reforms to the Courts of Summary Jurisdiction (Summary Courts / COSJ), including the abolition of committal proceedings, the extension of High Bailiff powers, the simplification of mode of trial and associated rules and an update to the juvenile court’s jurisdiction. It is proposed that these changes are expanded on in the Justice Reform (Amendment) Bill 2025, and more information on that is set out later in this consultation.

For the most part, these changes are being made to the Summary Jurisdiction Act 1989 (PDF opens in a new tab), which establishes and sets out the procedure for the operation of the Summary Courts including the Juvenile Courts (Youth Courts).

A summary of the highlights of these changes is contained in the following infographics.

Highlights of the changes found within Part 3 of the Justice Reform Act 2021, and its associated Schedules 1, 2 and 3, are as follows:

Changes related to the Summary Courts

Changes related to the Juvenile Courts / Youth Courts

Part 4 comprises of sections 30 through to 41. This Part is partially in operation.

For the most part, these changes are being made to the Criminal Jurisdiction Act 1993 (PDF opens in a new tab), which establishes and sets out the procedure for the operation of the Courts of General Gaol Delivery (CGGD).

Sections 30, 31, 35, 37, 38, 39 and 41 and section 36, except in so far as it would have inserted section 8E(2) and 8E(3)(c) into the Criminal Jurisdiction Act 1993, came into operation on the 20 December 2024 in accordance with the Justice Reform Act 2021 (Appointed Day) (No. 3) Order 2024 [SD 2024/0277] (PDF opens in a new tab).

Changes which were made on 20 December 2024, by this targeted commencement, can broadly be categorised as being in connection with the procedures that dictate jury trials and jury verdicts, and saw the bringing of fresh provisions that provide for a Deemster alone to preside over a trial, rather than the empanelment of a jury to take place, when certain circumstances are met.

This included the commencement of new sections 8A to 8E that were inserted within the Criminal Jurisdiction Act 1993 (PDF opens in a new tab). These new sections provide that when prescribed circumstances are met, and where a case is to be tried on information, when either the defendant(s), or, in a case involving fraud or jury tampering, the prosecution, apply for a trial to be conducted without a jury, the trial will proceed with a Deemster alone rather than the empanelment of a jury.

Further information on the impact of this Appointed Day Order can be found within the Explanatory Memo which accompanied the Appointed Day Order to Tynwald in January 2025 (PDF opens in a new tab).

The remainder of Part 4 – sections 32, 33, 34 and section 40, along with the outstanding portions of section 36, primarily relate to the procedures that will be established in the Courts of General Gaol Delivery and align with changes made to the Summary Courts procedures around abolition of committal procedures and their replacement with sending procedures. Certain targeted amendments are proposed to correct or enhance these provisions, and more information on that is set out later in this consultation.

Part 5 comprises of sections 42 through to 50. This Part has not yet been commenced.

This Part clarifies how legal costs are handled in criminal cases, particularly for legally aided defendants, this Part also consolidates and replaces provisions found elsewhere in the statute book. Certain targeted amendments are proposed to correct or enhance these provisions, more information on that is set out later in this consultation.

Part 6 comprises of sections 51 through to 77. This Part has not yet been commenced.

Unconditional cautions

Sections 55 to 56 relate to unconditional cautions ('simple cautions'), these are placed on a statutory basis and the requirements associated with them set out. For the avoidance of doubt, it is noted that this does not affect the validity of any caution given before this section comes into operation. Therefore, cautions given prior to this legislation coming into operation are, and will remain, legally valid.

Conditional Cautions / Youth Cautions

Sections 57 to 65 introduce the concepts of conditional cautions and youth cautions and the requirements in association with them. These sections also set out the requirement to make a Code of Practice in relation to these types of cautions, and this is supplemented by section 66 that deals with the requirement to set out a Statement of Available Remedies in connection with cautions and section 67 further supplements section 66, by setting out requirements around out of court disposals for anti-social behaviour or offending behaviour that has not otherwise resulted in a caution or fixed penalty notice by way of out of court disposal.

Finally, in connection with section 57 'Conditional Cautions', it is noted that a number of amendments to this section have already been legislatively considered, within the Statute Law Revision Bill 2024 (opens in a new tab). Clause 48 of that Bill brought these amendments, and an 'as amended' version of section 57 can be referred to (by reference to section 48), in the materials that were prepared alongside the Statute Law Revision Bill 2024 (PDF opens in a new tab). The Statute Law Revision Bill 2024 concluded its passage through the legislative branches on 10 June 2025 and presently awaits Royal Assent before the amendments it contains can be commenced¹.

Consequential Amendments – police powers and rehabilitation of cautions ('spent cautions')

Sections 68 through to 77 provides other consequential amendments as a result of the changes brought elsewhere in Part 6. These consequential amendments include changes to the Police Powers and Procedures Act 1998 (PDF opens in a new tab) (the Isle of Man’s equivalent to 'PACE' ²), and changes to the Island’s Rehabilitation of Offenders Act 2001 (PDF opens in a new tab), that will mean that cautions that become 'spent' (cease to show on a criminal record, or need to be disclosed, for all but a specific range of employment or legal purposes), in accordance with these new provisions. At present on the Isle of Man, cautions do not become 'spent', so this alignment with the Rehabilitation of Offenders Act 1974 (an Act of Parliament), will take effect on commencement of Part 6.

¹ For ease of reference, it is noted that cl. 34 through to cl.55 of the JRAB set our changes to Part 6 of the JRA2021, these are either cross reference corrections/harmonisations or deal with technical matters (see page 35 point ref conditional cautions consultation with IOM Immigration Office), aside from those otherwise stated in connection with the Police Powers and Procedures Act 1998 (see section 7.5 for detail of changes proposed to that Act).

² 'PACE' the Police and Criminal Evidence Act 1984 – an Act of Parliament (opens in a new tab) often referred to simple as PACE, is the Act in the UK under which the Codes of Practice that govern police process for things like stop and search are set out. In the Isle of Man, the equivalent is the Police Powers and Procedures Act 1998.

Part 7 comprises of sections 78 through to 87. This Part has not yet been commenced.

This Part establishes a system for immediate financial penalties (penalty notices) for certain minor offences. This harmonises with both the new provisions found within Part 6 and also the approach taken across the statute book when the Justice Reform Act 2021 is commenced in its entirety. 

In particular, it is noted that, at section 78 'Offences leading to immediate financial penalty' (and the table contained therein) 'low level' offences that are set to be eligible for such a penalty notice being given are defined, and are at present quite limited, however, this table may be amended (by Order, with Tynwald approval). 

Elsewhere within Part 7, the requirements around the giving of penalty notices, the process to be followed and the requirement to put in place a Code of Practice to be followed by police officers (or any other 'authorised persons' who will issue penalty notices) is stated.

Part 8 comprises of sections 88 through to 98. This Part is in operation.

Sections 88 through to 98 made changes to the Protection from Harassment 2000 (PDF opens in a new tab), and came into operation on the 07 September 2022 in accordance with the Justice Reform Act 2021 (Appointed Day) (No. 1) Order 2022 [SD 2022/0265] (PDF opens in a new tab).

This Part comprises of sections 99 through to 115, which brought targeted amendments to a range of other Acts of Tynwald. This Part is partially in operation.

A more detailed breakdown of the sections in operation and the Acts which were amended by this Part is set out below.

To simplify this explanation, where the section commenced on 7 September 2022 in accordance with the Justice Reform Act 2021 (Appointed Day) (No. 1) Order 2022 [SD 2022/0265] (PDF opens in a new tab), as is the case for the majority of commenced sections in this Part, the reference will state 'This section(s) are in operation as per ADO No.1'. The Explanatory Memo to ADO No.1 contains aditional information about the reason for the measure and impact of that measure (PDF opens in a new tab).

Judicial Retirement

This section is in operation as per ADO No.1.

Section 99 made changes in connection with the retirement ages of the judiciary.

Additionally, a regulation making power was included within these amendments that meant that it will be possible to set out in regulations an empowerment that a person vacating office might continue to act to conclude proceedings in which they are engaged on reaching the age of 75. This regulation making power has not been exercised to date.

Land Registration Act 1982

This section is in operation as per ADO No.1.

Section 100 inserted a new section 3A within the Land Registration Act 1982 (PDF opens in a new tab) relating to the use of live links for proceedings before the Land Commissioner and the Land Registrar.

Evidence Act 1871

This section is in operation as per ADO No.1.

Section 101 substituted section 17 of the Evidence Act 1871 (PDF opens in a new tab) 'Copies of UK and Manx legislation' relating to documents that shall be admitted in evidence in any court in the Island without further proof.

Legal Aid Act 1986

This section is in operation as per ADO No.1.

Section 102 inserted a new section 3(1B) within the Legal Aid Act 1986 (PDF opens in a new tab) relating to the conditions of eligibility for legal aid in relation to proceedings under Part 4 or 5 of the Children and Young Persons Act 2001. Additionally, section 14 'Confidentiality of information' was substituted.

Separately to the Justice Reform Act 2021, but of potential interest to consultees, it is noted that details of the Legal Aid Review Project (opens in a new tab), which commenced in 2018 within the Attorney General’s Chambers, can be found on gov.im. The Legal Aid Review Report and Recommendations and the Legal Aid Committee’s Response to that Report, can be found on the Legal Aid Review Reports page (opens in a new tab).

Jury Act 1980

This Part is partially in operation (see full details below).

Section 103, as commenced in accordance with the below information, amended the Jury Act 1980 (PDF opens in a new tab).

Section 103(1), (2), (3), (6) and (7) came into operation as per ADO No.1. Amendments made by that commencement included those in respect of age limits of jurors and modernisation of the excusal for cause provision found within section 12(4). Additionally, section 26 which relates to the panel of jurors for criminal trials and section 27 which relates to challenges in criminal trials were also amended.

Subsequently, on the 20 December 2024, in accordance with the Justice Reform Act 2021 (Appointed Day) (No. 3) Order 2024 [SD 2024/0277] (PDF opens in a new tab), section 103(4), except in so far as it inserts 'or' in subsection (1)(a), and subsection (1)(b), of the substituted section 24 into the Jury Act 1980 and section 103(5) came into operation.

This targeted commencement of section 103(4) brought changes within the Jury Act 1980 in relation to the number of jurors empanelled and for majority verdicts. This saw the selective enactment of a substituted section 24 of the Jury Act and a new section 24A 'Majority verdicts'. Practically this meant that a verdict will be taken to be unanimous when 10 jurors (in the case of an 11 or 12 juror jury), or 6 jurors (in the case of a 7 juror jury), fully deliberate and reach a decision.

Suitable consequential, incidental and transitional provisions were included within the Appointed Day Order No.3 at Article 3 (PDF opens in a new tab) to ensure a smooth transition for ongoing matters, on the implementation of changes to the Criminal Jurisdiction Act 1993, that were also part of this Appointed Day Order. More information about these changes can be found in the Explanatory Memo to ADO No.3 (PDF opens in a new tab).

For ease of reference it is noted that the above changes to the Jury Act 1980 were in part made to take account of recommendations made by the Tynwald Select Committee on the Operation of the Jury System (opens in a new tab), and further information around these recommendations, and the resulting changes, can be found within the Tynwald Policy Decisions report (PDF opens in a new tab). 

Separately to the Justice Reform Act 2021, but of potential interest to consultees, it is noted that in relation to Jury Eligibility set out by the Jury Act 1980 (and Ineligibility, set out as per section 2 and its associated Schedule, Schedule 1 to that Act) a consultation was hosted by the Cabinet Office and took place in April/May 2025. Details of that consultation and proposed action to be taken as a result can be found in its Jury Eligibility Criteria Consultation page (opens in a new tab).

Fatal Accidents Act 1981

This section is in operation as per ADO No.1.

Section 104 amended the Fatal Accidents Act 1981 (PDF opens in a new tab) bringing fresh provisions around cohabiting partners.

This amendment originated following a change to the UK’s Fatal Accidents Act 1976 (an Act of Parliament) by a Remedial Order made under the UK’s Human Rights Act 1998 (an Act of Parliament). Given the similarity of the Island’s legislation to that of the UK, and therefore the relevance of precedent law in this area in the UK, the Justice Reform Act 2021 brought this change into the Island’s Fatal Accidents Act 1981.

More detail about this change can be referred to within the Hansard from new clause 6, as this clause (which later became section 104 within the Justice Reform Act 2021) was inserted into the Justice Reform Bill 2020, in the House of Keys on 8 December 2020, by way of a Government Amendment to the Bill, moved by Mr Hooper, MHK (PDF opens in a new tab).

Coroners of Inquest Act 1987

This section is in operation as per ADO No.1, but an editorial amendment is required.

Section 105 amended the Coroners of Inquests Act 1987 with a similar modernisation as that which was made to the Jury Act 1980 in respect of excusal for cause (within section 9). Other amendments included those in connection with the duty to notify the coroner of death (within section 2) and the meaning of state detention found in that section, and also in connection with summoning a jury (at section 8) which was amended to reflect that this is where a death is otherwise than from natural causes.

A small change is proposed to section 2 of the Coroners of Inquests 1987 to correct wording at the end of that section which was otherwise amended by section 105 of the Justice Reform Act 2021. The insertion of subsection(4)(d) within section 2 could not be appropriately inserted due to an error in the text as it was to be inserted (see section 105 of the published version of the Justice Reform Act 2021 and the editorial note in respect of this (PDF opens in a new tab)) - where a stray 'and' was included within the text of the section. This was not noticed until the section was subject to ADO No.1 and an amendment is to be included in the Justice Reform (Amendment) Bill 2025.

Custody Act 1995

This section is in operation as per ADO No.1.

Section 106 amended the Custody Act 1995 (PDF opens in a new tab), at Schedule 2 'Early release of detainees' by insertion of a new paragraph 10A in connection with arrest of a person without warrant where the conditions of their licence have been breached.

Criminal Justice Act 2001

This section is in operation as per ADO No.1.

Section 107 amended the Criminal Justice Act 2001 (PDF opens in a new tab) at section 35 both by omitting subsection (4)(b) which prohibited the making of reparation and compensation orders in combination, and by amending the maximum number of hours to be worked under a reparation order found at subsection (6)(a) from 24 hours to 100 hours.

A similar adjustment was made to the maximum number of hours of attendance under an attendance centre order found within paragraph 2(4) of Schedule 7.

Finally, Sections 53 and 54 (which concerned convictions of persons other than the accused) were repealed.

Human Rights Act 2001

This section is in operation as per ADO No.1.

Section 108 amended sections 9, 9A and 9B of the Human Rights Act 2001 which relate to judicial acts and remedial orders.

Rehabilitation of Offenders Act 2001

This section has not yet been commenced.

Section 109 is set to amend the Rehabilitation of Offenders Act 2001 (PDF opens in a new tab) to increase the range of the rehabilitation regime (in relation to 'spent' convictions). This is designed to align where possible with the equivalent UK law, the Rehabilitation of Offenders Act 1976 (an Act of Parliament) and to link more directly with disclosure and barring matters.

Additionally, section 2 of the Rehabilitation of Offenders Act 2001 is amended to provide that the sentences excluded for rehabilitation may in future be amended by Order, and that any suitable consequential amendments can be made to the Act, and be set out in that Order. This is to avoid future diversion between the Isle of Man and UK law, that would once again require primary law to change the sentences excluded from rehabilitation that are set out in section 2 of the Rehabilitation of Offenders Act 2001.  Elsewhere, references in the Act are harmonised to be to 'the Department', which is defined as the Department of Home Affairs.

Matrimonial Proceedings Act 2003

This section is in operation as per ADO No.1.

Section 110 amended the Matrimonial Proceedings Act 2003 (PDF opens in a new tab), at Part 5 of that Act where the part heading was amended to read Domestic Abuse (in anticipation of the enactment of the Domestic Abuse Act 2020 (PDF opens in a new tab), which subsequently took place on the 4 January 2023 (Domestic Abuse Act 2020 (Appointed Day) (No.1) Order 2022 (PDF opens in a new tab), rather than Domestic Violence.

Interpretation Act 2015

This section is in operation as per ADO No.1.

Section 111 amended the Interpretation Act 2015 (PDF opens in a new tab) by moving the meaning of 'Deemster' and 'the Deemsters' found within paragraph 1 of the Schedule into the correct alphabetical position, additionally the definition of 'the Deemsters' was clarified.

Criminal Evidence Act 2019

This section is in operation as per ADO No.1.

Section 112 inserted a new section 38A 'Signature of documents adduced in evidence' within the Criminal Evidence Act 2019 (PDF opens in a new tab), making clear that an electronic signature is to be accepted in connection with court proceedings, when that signature is incorporated in, or logically associated with, the document in a manner which complies with rules of court.

Dormant Assets Act 2019

This section is in operation as per ADO No.1.

Section 113 substituted section 39(3) of the Dormant Assets Act 2019 (PDF opens in a new tab) to reflect that an act or omission of either 'bad faith' or one which is unlawful under section 6 of the Human Rights Act 2001, would be the instances under which liability would become applicable to the Treasury, its officers or for anything done or omitted in the discharge or purported discharge of any function under, or authorised by or under, that Act.

Criminal Justice, Police and Courts Act 2007

This section has not yet been commenced.

Section 114 will amend the Criminal Justice, Police and Courts Act 2007, by inserting a fresh section 30A through to 30D within that Act. These sections predominantly relate to live link directions and offences in relation to the recording, transmission, or broadcasting, of proceedings taking place via a live link.

Additionally, the new section 30D provides a power that the Department of Home Affairs may (by Order, with Tynwald approval, following consultation with the Deemsters, or with any other relevant Departments), amend any Act of Tynwald or Statutory Document that pertains to live links.

Further information in relation to section 114 can be referred to in the Hansard from new clause 8 (which later became section 114 within the Justice Reform Act 2021) when this was inserted into the Justice Reform Bill 2020, in the House of Keys on the 08 December 2020, by way of an Amendment to the Bill, moved by Mr Shimmins, MHK. (PDF opens in a new tab)

Repeals

This section has not yet been commenced.

Section 115 sets out the repeal of provisions that are either obsolete or have been replaced by provisions within the Justice Reform Act 2021.