Justice Reform (Amendment) Bill 2025 and Contempt of Court Bill 2025
Section 7.2: Key corrections or enhancements to the procedure of the Summary Courts
The following dropdowns set out a brief description of the purpose of the impacted JRA2021 or SJA1989 section(s), along with the reason for any proposed corrections or enhancements by the JRAB to that provision, in relation to the procedure of the Summary Courts.
For ease of reference, it is noted that sections 30 to 41 of the JRA2021 deal with the changes to the procedure of the Court of General Gaol Delivery. Any amendments to these sections are found within cl.22 to 27 of the JRAB, and certain other more detailed amendments can be referred to within sections 7.4 and 7.5 of this consultation.
Changes in relation to Juvenile Courts / Youth Courts are set out in more detail within section 7.3 of this consultation.
Proposed corrections or enhancements to the procedure of the Summary Courts
Correction or enhancement number 1 - JRA2021 Section 6
Justice Reform (Amendment) Bill 2025 (JRAB): Clause 4
Key legislation amended: JRA2021
Brief description of section purpose / reason for any change:
Introduction of changes to the jurisdiction and procedure of the Summary Courts.
Amendment of the introductory provision in JRA2021, to create a reference to 'any court of summary jurisdiction' (which will include Youth Courts), as the jurisdiction of any court of summary jurisdiction would be extended by the Bill.
Correction or enhancement number 2 - JRA2021 Sections 9 and 10
Justice Reform (Amendment) Bill 2025 (JRAB): Clauses 6 and 7
Key legislation amended: SJA1989
Brief description of section purpose / reason for any change:
Set out the detail of changes related to the jurisdiction of the High Bailiff and is amended as a result of the proposal to change this to the jurisdiction of the Summary Courts as a whole. This will mean that unless precluded by the fresh s.1A of the SJA1989 (see cl. 6) any Summary Court can try any offence and impose a penalty of a term of custody not exceeding 2 years or an unlimited fine1. In practice – having regard to section 56(4) of the Interpretation Act 2015 (PDF opens in a new tab) – these penalties may be imposed cumulatively or alternatively2.
Sections 9 and 10 of the JRA2021 introduce the amendments required as a consequence of section 6 – namely the amendments required to implement the changes to the jurisdiction of the Summary Courts across the Island’s statute book (many of which are implemented by Sch. 1 and 2). Certain amendments are proposed to these provisions as a result of the proposal to change this to the jurisdiction of the Summary Courts as a whole.
In particular, section 9 sees the fresh insertion of new section 1A, within the SJA1989, in relation to the extended powers of the summary courts. And at section 10, a fresh ss. (1B), sees a change proposed to s.24 of the SJA1989 meaning that the maximum consecutive aggregate sentence for the purpose of that section will become '24 months' rather than the existing '12 months' and better align with the enhanced sentencing powers.
1 S. 56(3) of the Interpretation Act 2015 states that 'If the penalty is a fine and no amount is stated for the fine, there is no limit on the amount of the fine that may be imposed'.
2 S.56(4) of the Interpretation Act 2015 states that 'If more than one penalty is stated and the penalties are joined by the word 'and' or 'or', the word means that the penalties may be imposed cumulatively or alternatively'.
Correction or enhancement number 3 - JRA2021 Schedule 1 and Schedule 2
Justice Reform (Amendment) Bill 2025 (JRAB): Clauses 51 and 52
Key legislation amended: JRA2021 – and wider impact on the Island’s statute book
Brief description of section purpose / reason for any change:
Sch. 1 and Sch. 2 are supplementary to section 10 (changes related to the change in jurisdiction of the High Bailiff).
The changes contained in Sch. 1 cut across the Island’s statute book predominantly to bring harmonisation within penalties set out for offences (and reflect the impact of the summary penalty for otherwise 'information only' offences). This sees the introduction of fresh wording in offences that provided for particular enhanced sentencing powers for the High Bailiff so that offences provide for 'Maximum penalty (summary) 2 years’ custody and a fine', so that those enhanced powers now apply in relation to the sentencing powers of all justices, as well as the High Bailiff.
Additionally, Sch. 1 brings changes in relation to the removal of the concepts of felony and misdemeanour set out under the JRA2021 progression (opens in a new tab).
In relation to Sch. 2, these JRA2021 changes are to be made to the Proceeds of Crime Act 2008. At present draft Proceeds of Crime Bills 2025 have been consulted on (opens in a new tab), and recognising the potential for any subsequent changes depending on the legislative progression of these Bills, a fresh para. 36 to Sch.2 is proposed within cl. 52 of the JRAB. This would allow the Department to make Regulations which, following approval by Tynwald, could make any required adjustments to Sch. 2 (or elsewhere as needed within Manx statutes) as a result of the changes to the jurisdiction of the Summary Courts.
Correction or enhancement number 4 - JRA2021 Sections 11 to 24
Justice Reform (Amendment) Bill 2025 (JRAB): Clauses 8 to 17
Key legislation amended: SJA1989
Brief description of section purpose / reason for any change:
Changes to harmonise with the extending of the jurisdiction of the Summary Courts (as per the amendment to section 6).
Additionally, other corrections or adjustments reflect matters such as any required correction of cross-referencing errors, or adjustment of terminology to reflect a better or clearer alternative e.g. an adjustment to s.10 JRA2021 to refer to 'a Deputy High Bailiff'. Other small harmonisations or enhancements include, for example, amendments to s.11 JRA2021, where the inserted 7A to 7D is adjusted to make clear that representations from prosecutions will be heard (at 7C) and that comments made by a member of the public form part of ss. (11) within 7C (an adjustment that aligns with similar wording elsewhere in JRAB).
Certain other more detailed amendments can be referred to within sections 7.4 and 7.5 of this consultation document.
Correction or enhancement number 5 - JRA2021 Schedule 3
Justice Reform (Amendment) Bill 2025 (JRAB): Not applicable
Key legislation amended: As per Sch.3
Brief description of section purpose / reason for any change:
Schedule 3 is supplementary to section 12 (abolition of committal proceedings). Various repeals are set out in Sch. 3 as a result of the changes made by the JRA2021.
No specific changes have been identified to Sch. 3 or addressed by JRAB.
Correction or enhancement number 6 - JRA2021 Procedural matters Section 25 to 29
Justice Reform (Amendment) Bill 2025 (JRAB): Clauses 18 to 21
Key legislation amended: SJA1989
Brief description of section purpose / reason for any change:
Procedural changes to the SJA 1989, as set out in the JRA2021. Any identified corrections or adjustments reflect matters such as any required correction of cross-referencing errors, or adjustment of terminology to reflect a better or clearer alternative e.g. fresh s.29A JRA2021 corrects references to 'His Majesty, King Charles the Third'.
Certain other more detailed amendments can be referred to within sections 7.4 and 7.5 of this consultation.
Impact of the corrections or enhancements to the procedure of the Summary Courts
Current day
- Summary Jurisdiction Act 1989
- Establishes Courts of Summary Jurisdiction (Summary Courts) including the Juvenile Court
- Sets out procedure that governs these courts, including committals (how people get transferred to the Court of General Gaol Delivery for trial for more serious offences)
- Offences that have a summary penalty (where an Act states something like 'on summary trial' or states a penalty that reads '(summary) — XX months’ custody') are dealt with by the Summary Courts
- Certain information only offences (those set out in Schedule 2 of the Summary Jurisdiction Act 1989) can be dealt with by the Summary Courts
Justice Reform Act 2021
- Amends Summary Jurisdiction Act 1989
- Abolishes committal procedure (how people get from Summary Courts to Court of General Gaol Delivery now) and sets out a fresh 'sending' process (a more streamlined way of transferring people to the Court of General Gaol Delivery)
- Extends the jurisdiction of the High Bailiff to try information only offences meaning that any offence that is not murder or treason can be tried by the High Bailiff presiding with a sentence range of up to 2 years custody or an unlimited fine
- Amends the statute book to remove the concepts of misdemeanour and felony, and to insert the 'two tier' summary penalties i.e. (summary – (High Bailiff) - 2 years custody or a fine)
Justice Reform (Amendment) Bill 2025
- Further amends the Summary Jurisdiction Act 1989 (as amended by the Justice Reform Act 2021)
- Further enhances the sending process (by providing for variation in relation to 'breaking' joint counts between juveniles and adults, provising for the Summary Courts to remand the accused on bail or in custody when sending to the CGD, establishes additional reporting restrictions for 'venue proceedings', makes clear that depositions follow the procedure set out in paragraph 4/5 of fresh Schedule A1). Better carrying through these policy aims as settled in the Justice Reform Act 2021
- Extends the jurisdiction of the Summary Courts as a whole to try information only offences meaning that any offence that is not murder or treason can be tried by any Summary Court with a sentencing range of up to 2 years custody and an unlimited fine available to that Court (rather that just Summary Courts where the High Bailiff / a Deputy High Bailiff is presiding)
- Also adjusts maximum consecutive aggregate sentence to 24 months in all Summary Courts
- Amends enactments to remove specific sentencing powers for the High Bailiff, in consequence of all courts of summary jurisduiction ebign able to imporse a maximum 2 years custody and a fine
What this means for progression through the Summary Courts System
Text description of infographic for progression through the Summary Courts System
- Individual arrested and charged with a criminal offence
- Appears before the Summary Courts
- If the offence is a summary offence only
- Proceedings continue in the Summary Courts
- If the offence is an 'either way' offence and is likely to attract more than 2 years custody, if the individual is found guilty
- Send to Court of General Gaol Delivery
- If the offence is treason, or murder, or a serious or complex fraud matter
- Send to Court of General Gaol Delivery
- If the 'either way' offence is not likely to attract more than 2 years custody, if the individual is found guilty
- Proceedings continue in the Summary Courts
- If the offence is a summary offence only