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

The term 'aggravated offence' is used when the penalty for a 'basic' offence is made more serious due to the specific circumstances or factors that surround the commission of the offence, for example if the offence is motivated by hostility towards a certain racial or religious group.

Examples that already exist within Manx legislation include those found at s.39 and s.40 of the Domestic Abuse Act 2020 (PDF opens in a new tab), where the domestic abuse offence might be 'aggravated' by a range of factors relating to the victim of that abuse, such as the involvement of a child.

Primary legislation passed by the UK Parliament (opens in a new tab). Copies of UK legislation can be obtained via legislation.gov.uk (opens in a new tab).

Such legislation occasionally applies to the crown dependencies (including the Isle of Man), however, generally, as the Isle of Man is a self-governing crown dependency it progresses its own primary law (Acts of Tynwald), through the legislative branches of its own parliament (Tynwald): these branches are the House of Keys and the Legislative Council. More information can be found on Tynwald's System of Governance page (opens in a new tab).

The Staff of Government Division (Appeal Division) is the Court of Appeal in the Isle of Man (opens in a new tab). It forms part of the High Court of Justice and hears appeals from both civil and criminal cases.

A statutory instrument used to bring specific provisions of an Act into force on a designated date. More information can be found in the 'Commencement' section on Tynwald's Making Legislation page (opens in a new tab).

Legislation applied to the Island from England and Wales, either directly or indirectly. More information can be found within the 'Consideration of Secondary and Applied Legislation' section on Tynwald's Making Legislation page (opens in a new tab).

In relation to the Sexual Offences and Obscene Publications Act 2021 (PDF opens in a new tab), the power to apply Sentencing Guidance from England and Wales (following appropriate consultation) is set out in s.229 of that Act has been exercised (PDF opens in a new tab) and more information can also be found in the Explanatory Memo (PDF opens in a new tab).

Information about a defendant’s previous misconduct or convictions that may be relevant to the current case. Specific legislation (which may be supplemented by Rules of Court) governs when and how this can be introduced in court.

Of particular note in the Isle of Man are s.4 through to s.7 of the Criminal Evidence Act 2019 (PDF opens in a new tab), and a 2024 Order made under that Act (PDF opens in a new tab).

Criminal Jurisdiction Act 1993 (PDF opens in a new tab) – Governs criminal jurisdiction and procedures in the Isle of Man relating to the Courts of General Gaol Delivery (opens in a new tab). For the purposes of this consultation Court/Courts of General Gaol Delivery are used interchangeably to match referencing in Part 4 of the JRA2021, or elsewhere.

Criminal Justice Act 2001 (PDF opens in a new tab) – The Island has a number of Criminal Justice Acts, and these are primary legislation covering various aspects of criminal justice administration and process, including sentencing and procedure.

Clause – A specific provision within a Bill, often corresponding to a future section in the final Act, albeit provisions in a Bill are subject to change during the legislative process. More information about that process can be found on the Tynwald's Making Legislation page (opens in a new tab).

In general, committal is the formal legal process by which a person is sent to trial or imprisoned under specific circumstances. Specifically in relation to the Isle of Man, committal in current legislation might refer to committal to an alternative court, or committal for sentencing (following a guilty plea / trial).

Where reference is made to the abolition of committal proceedings (in the JRA2021/JRAB) this is in relation to the process by which an individual is sent to the Court of General Gaol Delivery for trial – which is set to be altered by the JRA2021/JRAB and be referred to as 'sending'.

A non-custodial sentence requiring an offender to comply with certain conditions, such as unpaid work, curfews, or drug testing.

In the Isle of Man, reference in legislation to 'community orders' can be made in a variety of Acts, however, at s. 47 of the Criminal Justice, Police and Courts Act 2007 (PDF opens in a new tab) a list of 'community orders' (defined for the purposes of Part 13 of that Act in relation to Electronic monitoring) provides a helpful reference to a number of these orders.

A higher court that handles more serious criminal offences. Cases are typically heard by a Deemster and may involve a jury. More information can be found on the Court of General Gaol Delivery page (opens in a new tab).

A lower court that deals with less serious criminal offences (summary offences) and some civil matters. Cases are usually heard by a panel of magistrates or the High Bailiff. More information can be found on the Court Structure page (opens in a new tab) and on the Summary Courts page (opens in a new tab).

The questioning of a witness by the opposing side in a trial. Reforms in JRAB aim to protect vulnerable witnesses (and complainants [alleged victims]) from being cross-examined directly by the defendant.

Children and Young Persons Act 1966 (PDF opens in a new tab) – Legislation concerning the welfare, protection, and legal treatment of children and young persons.

A judge in the Isle of Man’s higher courts who presides over serious criminal and civil cases. The role of Deemsters is established by Part 1 of the High Court Act 1991 (PDF opens in a new tab). More information about the Current Judiciary (opens in a new tab).

A senior judicial officer appointed by the Lieutenant Governor, supporting the High Bailiff in handling criminal, civil, and family cases. The role of the High Bailiff and Deputy High Bailiff is established in Part 1 of the SJA1989 (PDF opens in a new tab). More information about the Current Judiciary (opens in a new tab).

For ease of reference it is noted that (as set out in the Schedule to the Interpretation Act 2015 (PDF opens in a new tab) - Defined Terms), in all Manx legislation, except where express provision to the contrary is made, a reference to the High Bailiff includes any Deputy High Bailiff. 

A criminal offence that can be tried 'on information' by a Court of General Gaol Delivery, or alternatively, by a Court of Summary Jurisdiction, depending on the seriousness of the case.

At present certain 'information only' offences are set out in Sch. 2 of the SJA1989 (PDF opens in a new tab) that despite having no specific summary penalty might be tried by a Court of Summary Jurisdiction in line with that Act.

The JRA2021 makes significant changes to this approach, and additional enhancements are proposed in the JRAB. These changes mean that in essence (and in compliance with technical requirements as set out in the various pieces of legislation such as the SJA1989) all offences become 'either way' offences with the sole exception of murder and treason (the offences otherwise 'fixed by law').

See section 6 of this consultation for information in relation to Part 3 of the JRA2021, and section 7.2 in relation to the proposed enhancements within the JRAB.

The use of electronic devices (e.g. ankle tags) to monitor a person’s location or compliance with community order conditions. See Part 13 of the Criminal Justice, Police and Courts Act 2007 for more information.

Refers to offences such as murder or treason for which the penalty is life imprisonment.

A senior magistrate who presides over a Court of Summary Jurisdiction and has various judicial and administrative responsibilities. The role of the High Bailiff and Deputy High Bailiff is established in Part 1 of the SJA1989 (PDF opens in a new tab). More information about the Current Judiciary (opens in a new tab).

His Majesty's Attorney General's Chambers (opens in a new tab) – The legal office responsible for drafting legislation and advising Government on legal matters.

An 'information only' offence is an offence for which there is no summary penalty, meaning this offence would need to be tried in the Court of General Gaol Delivery.

At present certain 'information only' offences are set out in Sch. 2 of the SJA1989 (PDF opens in a new tab) that despite having no specific summary penalty might be tried by a Court of Summary Jurisdiction in line with that Act.

The JRA2021 makes significant changes to this approach, and additional enhancements are proposed in the JRAB. These changes mean that in essence (and in compliance with technical requirements as set out in the various pieces of legislation such as the SJA1989) all offences become 'either way' offences with the sole exception of murder and treason (the offences otherwise 'fixed by law').

See section 6 of this consultation for information in relation to Part 3 of the JRA2021, and section 7.2 in relation to the proposed enhancements within the JRAB

Lay persons appointed to a role within the courts processes, generally acting as part of a panel. They are also referred to as Justices of the Peace. More information can be found on the Magistrates Courts page (opens in a new tab) and Magistrates guidance (PDF opens in a new tab). The Justices Act 1983 (PDF opens in a new tab) can also be referred to.

Traditional terms for less and more serious offences. Modern practice classifies offences as summary, on information, or either-way.

In the context of this consultation this is a reference to a Paragraph – being a subdivision within the Schedule of an Act, used to organise detailed content.

Police Powers and Procedures Act 1998 (PDF opens in a new tab) – The Isle of Man’s equivalent to the UK’s Police and Criminal Evidence Act 1984 (PACE) (an Act of Parliament) (PDF opens in a new tab). The PPPA1998 contains provisions in relation to the powers and duties of the police, persons in police detention, evidence in criminal proceedings etc. Codes of Practice for police procedures (e.g. stop and search) are made under this Act.

Legal principle where past court decisions guide future cases to ensure consistency and fairness (often referred to as 'case law'). The Isle of Man has its own case law and you can view the Manx Law Reports on the Court's website (opens in a new tab). 

In instances where Isle of Man Law parallels the law in another jurisdiction (usually England and Wales), or where a 'common law' (basic shared concept of law) principle is being considered, precedent from other jurisdictions might be referred to.

Certain other external decisions are relevant and these include:

• Decisions of the Judicial Committee of the Privy Council (opens in a new tab)on appeal from the Isle of Man Courts
   
• External decisions which have direct impact on the laws of the Isle of Man (e.g. European Court of Justice (opens in a new tab) and European Court of Human Rights (opens in a new tab))

A legal mechanism under the Human Rights Act 2001 that allows the government to amend legislation found incompatible with Convention rights (by way of legal challenge or judgement).

Section – A numbered division within an Act.

Schedule – An appendix to an Act or Bill containing supplementary provisions that stem from a section within that Act/Bill.

The formal transmission or service of legal documents—such as summonses, claim forms, or court orders—from one party to another, or between jurisdictions.

In relation to the JRA2021/JRAB – 'sending process' refers to the mechanism by which a case travels from the Courts of Summary Jurisdiction to the Court of General Gaol Delivery for trial.

A proposed body that may issue guidance on sentencing to improve consistency or address other related matters.

In England and Wales, the Sentencing Council (opens in a new tab) is an established body and sentencing guidelines are issued by that Council.

Sexual Offences and Obscene Publications Act 2021 (PDF opens in a new tab).

Summary Jurisdiction Act 1989 (PDF opens in a new tab) – Establishes the Summary Courts and sets out procedures of those Courts – including the Juvenile Courts / Youth Courts.

A conviction that no longer needs to be disclosed after a rehabilitation period, except in specific cases.

A system used to set maximum fines for offences tried on summary conviction, replacing fixed monetary amounts in legislation. Detail of this scale is found within section 55 of the Interpretation Act 2015.

Procedural rules and decisions regarding where a case is to be heard — whether in the Court of General Gaol Delivery, or a Court of Summary Jurisdiction.

A division of the Summary Courts dealing with criminal cases where the accused is a child or young person ('juveniles'), when the SJA1989 stipulate they be dealt with by this Court.

At present, the SJA1989 refers to the Juvenile Courts and their jurisdiction which is those under the 17 years of age.

The Justice Reform Act 2021 will amend this by renaming these Summary Courts as the Youth Courts and extending their jurisdiction to those under 18 years of age.

This is the proposed final title for the Justice Reform (Amendment) Bill 2025, and the title under which it will be introduced, subject the necessary consultation and approval to progress into the legislative branches.

However, as the Bill has been engaged on with stakeholders under the working title of the Justice Reform (Amendment) Bill 2023, this continues to be the title used for the purposes of this consultation document.