Wednesday, 5 February 2014

Grayling's Criminal Justice and Courts Bill

Updated 7th February ... and 9th February ... and 10th February

Here is the latest Criminal Justice Bill - Parliament or see the PDF VERSION.   Part 1 is headed "Dangerous Offenders" but the contents actually extend well beyond that.  Part 2 - Young Offenders.  Part 3 - Courts and Tribunals.  Part 4 - Judicial review.  Part 5 - Final Provisions.

A very quick glance at the Bill instantly reveals a number of matters.   Here are just a few.  Restrictions on the use of cautions; Trial on the papers by a single "justice" of certain offences; Jurors to be able to serve up to and including age 75; Various offences are to be introduced which jurors might commit such as researching the case (punishable with up to 2 years imprisonment); Various provisions about judicial review.

Analysis of this Bill will undoubtedly pour forth and the Bill will accumulate further provisions as it progresses through Parliament.    Therefore, more on this later !

The government's information on the bill is here  and it is accompanied by 15 fact sheets.   Owen Bowcott takes a look at the Bill in The Guardian 5th February and notes that the bill is being introduced before two other crime bills have had the chance to reach the statute book. Grayling's new bill even amends some of the provisions in his own offender rehabilitation bill, which has also yet to reach the statute book.


a) 5th February - Joshua Rozenberg in The Guardian - Despite the tough talk, Grayling has listened to the judges on judicial review. 

b) 7th February ~ With regard to the Judicial Review part of the Bill see the post by Ben Jaffey and Tom Hickman at UK Constitutional Law Association- Loading the dice in Judicial Review

"The overall message from Grayling remains depressing ....  All the proposals are directed at strangling claims and hobbling claimants.".

c) 7th February - UK Human Rights blog - Adam Wagner writes Don't be fooled by the concessions, there is still a threat to judicial review

d) 7th February - Response of the Senior Judiciary to the Consultation on Judicial Review 

e) Grayling's proposals for environmental and planning judicial reviews - David Hart QC on the UK Human Rights blog

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