Justice Reform (Amendment) Bill 2025 and Contempt of Court Bill 2025 - Section 7.3: Key corrections or enhancements specific to the procedure of the Juvenile Courts/Youth Courts - Cabinet Office of the Isle of Man Government

Section 7.3: Key corrections or enhancements specific to the procedure of the Juvenile Courts/Youth 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 Juvenile Courts / Youth Courts.

For ease of reference, it is noted that section 7.2 of this consultation deals with changes related to the procedure of the Summary Courts as a whole and will be applicable in most instances to the Youth Courts also.

Additionally, certain other more detailed amendments, including those in relation to the Court of General Gaol Delivery, can be referred to within sections 7.4 and 7.5 of this consultation document, albeit these do not relate directly to the Youth Courts.

Proposed corrections or enhancements to the procedure of the Juvenile Courts / Youth Courts

Correction or enhancement number 1 - JRA2021 Section 7 Correction or enhancement number 1 - JRA2021 Section 7

Justice Reform (Amendment) Bill 2025 (JRAB): Not applicable

Key legislation amended: SJA1989

Brief description of section purpose / reason for any change:

Introduction of change to the jurisdiction and title of the Juvenile Courts / Youth Courts.

The Juvenile Courts, as presently titled, are the division of the Summary Courts that presently deal with criminal cases where the accused is a child or young person ('juveniles'), when the SJA1989 stipulate that they be dealt with by this Court.

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

The JRA2021 will amend this by renaming these Summary Courts as the Youth Courts and extending their jurisdiction to those under 18 years of age. No changes are proposed to section 7 of the JRA2021.

Correction or enhancement number 2 - JRA2021 Section 8 Correction or enhancement number 2 - JRA2021 Section 8

Justice Reform (Amendment) Bill 2025 (JRAB): Clause 5

Key legislation amended: Various Acts of Tynwald as per s. 8 JRA2021

Brief description of section purpose / reason for any change:

Set out the detail of changes related to the jurisdiction of the Youth Courts and their change of title.

Section 8 of the JRA2021 introduces the amendments required as a consequence of section 7 – namely the amendments required to implement the changes to the jurisdiction of the Youth Courts (or their change of title) across the Island’s statutes.

For ease of reference, it is noted that s. 37 to 40 of the SJA1989 (as amended by s.8 of the JRA2021) deal with the constitution, jurisdiction and procedure of the Youth Courts.

The following Acts are amended as a result of the change to the title and jurisdiction of the Youth Courts:

Summary Jurisdiction Act 1989 (where sections 37 to 40 are of particular note)
Petty Sessions and Summary Jurisdiction Act 1927
Criminal Justice Act 1963
Children and Young Persons Act 1966
Criminal Law Act 1981
Legal Aid Act 1986
Custody Act 1995
Criminal Justice Act 2001
Children and Young Persons Act 2001
Education Act 2001
Interpretation Act 2015

The amendment proposed to s.8 by cl. 5 of the JRA2021 is solely to indicate that the agreed amendment to the Interpretation Act 2015 be inserted at the appropriate point in the alphabetical list within Sch. 1 of that Act.

Correction or enhancement number 3 - JRA2021 Section 19 Correction or enhancement number 3 - JRA2021 Section 19

Justice Reform (Amendment) Bill 2025 (JRAB): Clause 14

Key legislation amended: SJA1989 s.19

Brief description of section purpose / reason for any change:

Section 19 of the JRA2021 deals with changes to s.19 of the SJA1989. This provision generally deals with the fact that children and young people are to be dealt with summarily (unless precluded by this section).

Additional amendments are proposed to this section (by cl. 14 JRAB) in order to better align with the fresh s.18D inserted by s.18 of the JRA2021, and to align with the changes proposed to the jurisdiction of the summary court as a whole (and any technical supplementary adjustments to provide for committal for sentencing if required).

Correction or enhancement number 4 - JRA2021 Section 21 Correction or enhancement number 4 - JRA2021 Section 21

Justice Reform (Amendment) Bill 2025 (JRAB): Clause 15

Key legislation amended: SJA1989 s.27

Brief description of section purpose / reason for any change:

Section 21 of the JRA2021 deals with changes to s.27 of the SJA1989 that relates to the restriction on fines for children and young persons. In line with other changes, proposed more generally to the jurisdiction of the Summary Courts, and set out within section 7.2 of this consultation, a change is proposed by cl. 15 of the JRAB, which sees the repeal of s.27 of the SJA1989.

This would remove the present 'cap' to fines issues by the Youth Courts, presently 'capped' at level 4 on the standard scale, and proposed to be removed in line with the broader changes to the jurisdiction of the Summary Courts as a whole.

Impact of the corrections or enhancements to the procedure of the Juvenile Courts/Youth Courts

Current day

Summary Jurisdiction Act 1989
Establishes a separate Summary Court – the Juvenile Court
Jurisdiction of the Juvenile Court is restricted to dealing with those under 17 years of age
Certain offences must be committed to the Court of General Gaol Delivery i.e. Sexual Offences, murder, offences that would attract more than 14 years adult penalty when committed by a person over 14 years of age, any offence charged jointly with a person aged 17 or over

Justice Reform Act 2021

Amends Summary Jurisdiction Act 1989
Changes the title of the Juvenile Courts to the Youth Courts and extends their jurisdiction to those under 18 years of age
When the High Bailiff is presiding over a Youth Court, it can try information only offences that would be punishable, in the case of an adult, with no more than 2 years’ custody. Fines in the Youth Courts are capped at level 4 on the standard scale
Certain offences must be sent to the Court of General Gaol Delivery i.e. murder or treason or offences that would be punishable, in the case of an adult, with more than 2 years’ custody, complex fraud cases, offences with licensing requirements (under s.38 of CJA2001 for sexual or violent offence) or any sexual offences, and any offence charged jointly with a person over 18 years of age (that is sent to Court of General Gaol Delivery)

Justice Reform (Amendment) Bill 2025

Further amends the Summary Jurisdiction Act 1989 (as amended by the Justice Reform Act 2021).
Further extends the jurisdiction of the Youth Courts to try information only offences (including when the High Bailiff is not presiding) where the maximum sentence is 2 years and an unlimited fine.
Changes proposed mean that the only offences that must be sent to the Court of General Gaol Delivery become murder/treason, offences that would be punishable in the case of an adult with more than 2 years’ custody, complex or serious fraud cases, offences with extended licensing requirements (under s.38 of CJA2001 for sexual or violent offence). Better carrying through these policy aims as settled in the Justice Reform Act 2021
In the case of a 'joint count', a change is proposed to allow that a young person can plead before a Summary Court, and if they enter a guilty plea can be sent to either Court of General Gaol Delivery or the Youth Court for sentencing. Again, better carrying through these policy aims as settled in the Justice Reform Act 2021

What this means for progression through the Juvenile Courts/Youth Courts System

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Text description of the infographic for progression through the Juvenile Courts/Youth Courts System Text description of the infographic for progression through the Juvenile Courts/Youth Courts System

Young person (under 18) arrested and charged with a criminal offence
Appears before the Youth Court/Summary Court (depending on specifics of case and if jointly charged with an adult)
1. If the young person is being charged jointly with an adult, in a matter that is to be sent to the Court of General Gaol Delivery
  1. If the young person indicates a plea of guilty
    - Commit to Court of General Gaol Delivery for sentencing – if the sentence for an equivalent offence by an adult would attract more than 2 years custody, if the individual is found guilty
    - Assign to Youth Courts for sentencing - if the sentence for an equivalent offence by an adult would not attract more than 2 years custody, if the individual is found guilty
  2. If the young person indicates no plea or a plea of not guilty
    - Send to Court of General Gaol Delivery
2. If the offence is an 'either way' offence and equivalent offence by an adult would attract more than 2 years custody, if the individual is found guilty
  1. Send to Court of General Gaol Delivery
3. If offence is a Summary offence only
  1. Proceedings continue in the Youth Courts
4. If the offence is treason, or murder, or a serious or complex fraud matter, or an offence that extended licence would apply to
  1. Send to Court of General Gaol Delivery
5. If the offence is an 'either way' offence and equivalent offence by an adult would not attract more than 2 years custody, if the individual is found guilty
  1. Proceedings continue in the Youth Courts

Do you have any comments in relation to the proposed corrections or enhancements to the procedure of the Juvenile Courts/Youth Courts as set out in Section 7.3?