Justice Reform (Amendment) Bill 2025 and Contempt of Court Bill 2025 - Section 7.4: Other fresh changes or improvements to the procedure of the Summary Courts (COSJ) or Court of General Gaol Delivery (CGGD), or changes that support the operation and administration of the Criminal Justice System - Cabinet Office of the Isle of Man Government

Section 7.4: Other fresh changes or improvements to the procedure of the Summary Courts (COSJ) or Court of General Gaol Delivery (CGGD), or changes that support the operation and administration of the Criminal Justice System

The following dropdowns set out reference to the proposed changes or improvements to the procedure of the COSJ, CGGD or to the operation and administration of the Criminal Justice System.

Changes to COSJ, CGGD or to the operation and administration of the Criminal Justice System

Change / improvement number 1 Change / improvement number 1

Rules of Court – harmonisation of Tynwald procedure, expansion of vires in relation to things like electronic transactions and court forms. Also, addition of vires ref. advance information from Prosecutions.

s.91 (and 91A) SJA1989, s.57 CJA1993 and s. s.25, fresh s.25A (and s.27) of the HCA1991
JRA2021 - s.26A inserted & 27 amended, s.40, Sch1. 1 para. 95 substituted
JRAB - cl. 18 and c. 51(44)
See also JRAB cl.20 that amends s.28 JRA2021 ref. court seals

Change / improvement number 2 Change / improvement number 2

Fresh s.91B inserted in SJA1989 - in relation to requirement to attend court and appropriate perjury applicability mirroring existing s.32A of CJ, P&CA2007.

s.91B SJA1989
JRA2021 - s.27 amended
JRAB - cl. 19
Additional small harmonisation changes to s.91A SJA1989 as inserted by JRA2021 s.27 / amended by JRAB cl. 19

Change / improvement number 3 Change / improvement number 3

Additional protections for the reporting of proceedings in either COSJ or in sending/venue proceedings for COSJ/CGGD – including things like social media reports.

New s. 7A to 7D inserted in SJA1989 (pre-trial rulings), new s. 18 to s. 18I inserted in SJA1989 (new sending process) and new Sch. A1 in CJA1993 (dealing with sent matters)
JRA2021 - s.11 (pre-trial rulings), s.18 (new sending process) and s.32 (dealing with sent matters).
JRAB - cl.8 (pre-trial rulings), cl. 13 (new sending process and in particular the insertion of new s. 18G/18H within s.18 JRA2021, cl.23 (dealing with sent matters) and cl.51(5) [in relation to the Children and Young Persons Act 2001]

Change / improvement number 4 Change / improvement number 4

Insertion of fresh s.18I to 'signpost' depositions process in the new Schedule A1 of the CJA1993.

SJA1989 new s. 18I inserted
JRA2021 - s. 18 amended
JRAB - cl. 13(1)(g)

Change / improvement number 5 Change / improvement number 5

Insertion of fresh s. 18F to address absence of Bail provisions in sending.

SJA1989 new s. 18F inserted
JRA2021 - s.18 amended
JRAB - cl. 13(1)(g)

Change / improvement number 6 Change / improvement number 6

Small amendment to s.15A SJA1989 to make clear when s.18E will apply.

SJA1989 - s.15A amended
JRA2021 - s. 15 amended
JRAB - cl.11

Change / improvement number 7 Change / improvement number 7

Change to the jurisiction of the summary courts in relation to maritime offences.

SJA1989 - new s.30A
JRA2021 - new s.23A
JRAB - cl. 16

Change / improvement number 8 Change / improvement number 8

The insertion of fresh s. 23A in the SJA1989 to provide for a court to defer sentencing for up to 6 months, subject to conditions, where the court believes this is in the interests of justice, prior to sentencing the offender.

SJA1989 - new s.23A
JRA2021 - substitution of section 21
JRAB - cl. 15

Change / improvement number 9 Change / improvement number 9

Change in relation to Costs within s. 47 SJA1989 to provide that 'mixed decision' costs orders can be made in connection with civil matters.

SJA1989 - s.47 amended
JRA2021 - new section 23B
JRAB - cl. 16

Change / improvement number 10 Change / improvement number 10

Small amendment to s.82 SJA1989 to provide a clarification ref. alternative verdicts.

SJA1989 s.82 amended
JRA2021 - para. 31 of Sch.1 amended
JRAB - cl.51(12)

Change / improvement number 11 Change / improvement number 11

Change to SJA1989 s.94A to extend the attachment of earnings orders and benefit deductions to orders for periodical payments of maintenance.

SJA1989 - s.94A, s.96 and s.102A
JRA2021 - s.28 amended with new ss.(9A), (9B) and (10C) inserted
JRAB - 20(b) & (c)
See also SJA s.47 / JRA2021 new s.23B / JRAB cl. 16 ref. variation and payment of periodic payments orders

Change / improvement number 12 Change / improvement number 12

Change to SJA1989 s.96(4) to remove the presumption of custody (that is not ECHR compliant).

SJA1989 - s.96(4)
JRA2021 - s.28 amended with new ss. (9B) inserted
JRAB - cl. 20(b)

Change / improvement number 13 Change / improvement number 13

Change to SJA1989 s.102 to allow suspension of custody for a default on a fine (to support fact that custody makes this more difficult).

SJA1989 - s.102
JRA2021 - s.28 amended with new ss.(10B) inserted
JRAB - cl. 20(c)

Change / improvement number 14 Change / improvement number 14

Change to SJA1989 s.98 timescales for non-payment of a fine – 'standard' period of 7 days removed.

SJA1989 - s.98
JRA2021 - s.28 amended with new ss.(9C) inserted
JRAB - cl. 20(b)

Change / improvement number 15 Change / improvement number 15

Addressing of 'unfitness to plead' for purposes of CJA1993, partly addressed in consequential amendments to the JCA 1993 in the ADO No.3 2024, now supplemented.

CJA1993 - s.9
JRA2021 - s. 36A inserted
JRAB - cl. 25

Change / improvement number 16 Change / improvement number 16

Changes in relation to the summoning of witnesses to the Court of General Gaol Delivery.

HCA1991 - new s. 33B
JRA2021 Sch.1 para. 95 amended
JRAB - cl.51(44)

Change / improvement number 17 Change / improvement number 17

Small change to provide for representatives for companies in relation to s.16A 'Small claims adjudication - representation' of the HCA1991.

HCA1991 - s.16A amended
JRA2021 - Sch. 1 para. 95 amended
JRAB - cl. 51(44)

Change / improvement number 18 Change / improvement number 18

Additional provision amending s.57 HCA1991, to reflect that in setting Fees, Treasury must have regard to the principle that access to the courts must not be denied (access to justice).

HCA1991 - new s. 33B
JRA2021 Sch.1 para. 95 amended
JRAB - cl.51(44)

Change / improvement number 19 Change / improvement number 19

Part 5 JRA2021 – harmonisation with the fact that when Regulations are made under this part – the Treasury will need to consult with the Deemsters.

JRA2021 - s. 42 to s.50
JRAB - cl. 28 to 34 (as this amendment is made in various sections)

Change / improvement number 20 Change / improvement number 20

Change to allow that a compensation order alone can be a disposal.

Criminal Law Act 1981 - Sch. 6
JRA2021 - Sch. 1 para. 90 amended
JRAB - cl. 51(39)

Change / improvement number 21 Change / improvement number 21

Insertion of a new provision in the Bail Act 1952 allowing Prosecution to challenge bail being granted.

Bail Act 1952 - s.3C to 3E inserted
JRA2021 Sch. 1 para. 79 amended
JRAB - cl. 51(29)

Change / improvement number 22 Change / improvement number 22

General harmonisation of language e.g. 'Chief Registrar' to 'court' or changes to remove outdated references e.g. Her Majesty becomes 'His Majesty', 'the' Deputy High Bailiff becomes 'a' Deputy High Bailiff, 'Staff of Government Division' becomes 'the Appeal Division' etc.

JRAB clauses throughout - wherever such a change was noted as required in Island's statute book

Change / improvement number 23 Change / improvement number 23

Other more technical changes needed to ensure that appropriate Manx legal procedures are cross referenced or defaulted to throughout all legisation).

JRAB - clauses throughout

e.g. in relation to verdict of acquittal, removal of references to AGC making applications (s. 89 SJA1989).

JRA2021 - s.28 amended new ss. (10D) inserted by JRAB - cl.20

or e.g. Prosecutions giving bail bonds (s.10 Bail Act 1952 repealed).

JRA2021 Sch. 1 para. 79 amended new ss.(5) inserted by JRAB - cl. 51(29) making repeal

or e.g. in relation to consultation with the Isle of Man Immigration Office prior to the condition of a conditoional caution being made that requires a person to leave the Island.

JRA - s.57 amended new ss. (9A) inserted by JRAB - cl. 37

Do you have any comments in relation to the proposed changes made in connection with Rules of Court, live links or electronic transactions as set out in Change / improvement number 1 and 2 of Section 7.4?

Do you have any comments in relation to the proposed changes in connection with the sending process (s.18 to proposed new s.18I of SJA1989) as set out in Change / improvement number 3 through to 6 of Section 7.4?

Do you have any comments about the proposed additional enhancements to the SJA1989 as set out in Change / improvement number 7 through to 14 of Section 7.4?

Do you have any comments about the proposed enhancements to the Criminal Jurisdiction Act 1993 (CJA1993), the High Court Act 1991, or Part 5 of the Justice Reform Act 2021 as set out in Change / improvement number 15 through to 19 of Section 7.4?

Do you have any comments about the proposed enhancements to the Criminal Law Act 1981 or Bail Act 1952 as set out in Change / improvement number 20 and 21 of Section 7.4?

Do you have any comments about the proposed general harmonisation or technical changes within the JRAB? Examples are set out within Change / improvement number 22 and 23.