Justice Reform (Amendment) Bill 2025 and Contempt of Court Bill 2025
Section 1: Introduction
The Department of Home Affairs is seeking views on the proposed Justice Reform (Amendment) Bill 2025 (JRAB) and the Contempt of Court Bill 2025.
The JRAB builds on the Justice Reform Act 2021 in fundamentally reforming the way our Criminal Justice System operates. It also acts as a vehicle for the modernisation, harmonisation and rationalisation of other key legislation. As will be explained in more detail later on in this document, the legislation is complex. In some cases, it amends changes which were originally made in the Justice Reform Act 2021. In other cases, it makes changes to other pieces of legislation. For that reason, consultees are advised to read the relevant keeling schedules related to the Act subject to change by the Bill. This consultation is designed to allow comment on some or all of the proposed changes in the JRAB. Despite this, the Department recognises that this is a long and detailed document. The nature of the JRAB and the Contempt of Court Bill demands it, but we recognise it will take time to fully digest and consider, and we are grateful to consultees for taking the time to comment on this important legislation.
Before launching this public consultation, the Department worked closely with a range of key stakeholders from across the Criminal Justice System who supported a review of the provisions of the Justice Reform Act 2021, and their operational impact. These stakeholders were invited to suggest potential improvements to the Justice Reform Act 2021, or to other legislation on which the Criminal Justice System rests, in order that the opportunity be taken to further enhance and modernise where possible.
Additionally, the Department worked to address outstanding recommendations of the legislature, from within parliamentary reports, and to correct or improve any discrete matters pertinent to the Criminal Justice System that were brought to its attention in the period since the Justice Reform Act 2021 was passed.
The Contempt of Court Bill 2025, developed in parallel and subject to internal consultation across Government, is presented alongside the Justice Reform (Amendment) Bill 2025. This Bill is essential to ensuring that courts have the necessary provisions to respond to conduct that undermines the administration of justice. It addresses failures to meet expected standards of behaviour in court, deliberate breaches of court orders or directions and the publication of prohibited material - such as during active proceedings or in private hearings (consistent with existing Manx law) and defines contempt of court in each instance.
All suggestions received from internal stakeholders have been carefully reviewed. Those considered appropriate for further development were assessed by the relevant departments and have been included in these draft Bills as the most suitable options for public consultation.
The proposed changes aim to bring the Island’s justice system even more closely in line with the goals set out in the Criminal Justice Strategy and with the revised version of that Strategy, that is expected to be forthcoming during 2025.
Additionally, and where this is sensible and practical (in relation to jurisdictional co-operation, or the relevance of things such as the approach historically taken, or precedent), changes bring the Island into better alignment with neighbouring jurisdictions, and in particular England and Wales, and certain of the changes proposed in this consultation are based in drafting on provisions found within Acts of Parliament.
Where this is not practical or desirable, a Manx approach has been taken with drafting that is bespoke for our purposes.
The publication of this consultation has been highlighted to a range of key stakeholders across the Criminal Justice System, and details of those stakeholders can be found at Appendix 2.