Courts and Tribunals Bill 2024-26

NC18

To move the following Clause— “Specialists courts for sexual offences and domestic abuse cases (1) The Lord Chancellor must by regulations establish specialist courts for cases relating to sexual offences and domestic abuse. (2) Any case heard in a court established under subsection (1) must be conducted with a jury and specialist judge. (3) Additional guidance or directions may be formulated by the judiciary in relation to— (a) the nature and dynamics of behaviour including— (i) coercive control, and (ii) honour-based abuse; (b) best practice in hearing cases involving violence against women and girls, including ensuring fair and trauma-informed proceedings. (4) Regulations under this section must make provision for such courts to have specialist facilities for alleged victims. (5) The Lord Chancellor must take reasonable steps for any necessary resources for judicial, administrative and appropriately qualified legal support, including advisors, prosecution and defence, to be made available to operate such courts. (6) Any case heard by a court established under subsection (1) must be subject to such considerations regarding— (a) time limits for case preparation, and (b) third party material review and disclosure, as the Lord Chancellor may by regulations specify. (7) Regulations in this section are subject to the affirmative resolution procedure.”

NC1

To move the following Clause— “Report on the effect of the Act on prosecution of rape and serious sexual offences (1) The Lord Chancellor must commission a report on the effect of the provisions of this Act on proceedings of cases involving rape and serious sexual offences. (2) The matters the report must consider include— (a) the effect of the Act on the time taken to dispose of cases; (b) the effect of the Act on witness participation in proceedings; and (c) the effect of the Act on the experience of victims during proceedings. (3) The report must make recommendations to improve each of the matters set out in subsection (2). (4) Recommendations may include— (a) recommendations about how the Act is implemented, and (b) recommendations about further provision necessary to improve each matter. (5) In this section, serious sexual offences are such offences as the Crown Prosecution Service may from time to time specify. (6) Within 12 months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament— (a) a copy of a report under this section, (b) the Lord Chancellor’s response to recommendations made by that report.”

NC2

To move the following Clause— “Fast-track courts for rape and serious sexual offences (1) The Lord Chancellor must by regulations make provision for specialist court capacity for cases involving rape and serious sexual offences (“RASSO”). (2) Regulations under this section must include provision for the prioritised listing and progression of RASSO cases. (3) The Lord Chancellor must take reasonable steps for any necessary judicial, administrative and support resources to be made available to operate such court capacity.”

NC3

To move the following Clause— “Extended sitting hours for Crown Court Proceedings (1) The Lord Chancellor may, by order, designate specific Crown Court locations or individual court rooms as extended capacity courts. (2) Proceedings in any court designated under subsection (1) must consist of— (a) a morning session, commencing at 09:00 and concluding at 13:00; and (b) an afternoon session, commencing at 14:00 and concluding at 18:00. (3) Any court designated under subsection (1) will not have a limit on the number of cases that can be heard on the same day.”

NC4

To move the following Clause— “Review of the Feasibility of Two Court Sittings per day (1) The Lord Chancellor must, within 12 months beginning on the day on which this Act comes into force, lay before Parliament an independent report into the feasibility of conducting two trials per day in designated court rooms (“the Scheme”). (2) The scheme would allow for proceedings in a Crown Court to consist of— (a) a morning session, commencing at 09:00 and concluding at 13:00; and (b) an afternoon session, commencing at 14:00 and concluding at 18:00. (3) A report under subsection (1) must assess the impact of the scheme— (a) on the efficiency and timeliness of court proceedings; (b) on the availability of judges, legal practitioners, and court staff; (c) the potential impact on defendants, victims, and witnesses; and (d) the cost and resource implications of the scheme. (4) The Lord Chancellor must, within three months of the laying of the report under subsection (1), publish a response. (5) The response must include proposals for a pilot scheme based on the findings of the report including the proposed scope and duration of any such pilot.”

NC5

To move the following Clause— “Targets for Backlog Reduction (1) The Lord Chancellor must, within six months beginning on the day on which this Act is passed, set and publish annual targets for the reduction of the Crown Court backlog in England and Wales. (2) There must be a target for the— (a) overall reduction of the Crown Court backlog in England and Wales, and (b) reduction of the backlog in each HMCTS region. (3) The Lord Chancellor must lay before Parliament an annual report on progress against these targets. (4) Any report under subsection (3) must include any steps taken to address the failure to meet the targets.”

NC6

To move the following Clause— “Victim-led Intensive Case Management (1) The Lord Chancellor must, within six months of the passing of this Act, lay before Parliament a strategy for the implementation of Victim-Led Intensive Case Management in proceedings in the criminal courts (“The Strategy”). (2) The strategy must outline steps to prioritise the experience of victims in relation to proceedings in the criminal courts.”

NC7

To move the following Clause— “Judicial training: anti-discrimination (1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to discrimination against individuals from ethnic minority backgrounds. (2) Training provided under subsection (1) must cover— (a) the identification and prevention of racial bias, including unconscious bias, and (b) the impact of discrimination on access to justice and judicial outcomes. (3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training. (4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”

NC8

To move the following Clause— “Judicial training: violence against women and girls (1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to violence against women and girls. (2) Training provided under subsection (1) must cover— (a) the nature and dynamics of violence against women and girls, including— (i) domestic abuse, (ii) sexual violence, (iii) coercive control, and (iv) so-called honour-based abuse; (b) best practice in hearing cases involving violence against women and girls, including ensuring fair and trauma-informed proceedings. (3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training. (4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”

NC9

To move the following Clause— “Judicial training: domestic abuse (1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to domestic abuse. (2) Training provided under subsection (1) must cover— (a) the nature and dynamics of domestic abuse, including physical, emotional, psychological, sexual, and economic abuse, as well as controlling or coercive behaviour; (b) best practice in the management of cases involving domestic abuse, including ensuring fair and trauma-informed proceedings. (3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training. (4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”

NC10

To move the following Clause— “Pilot of trial allocation reforms (1) The Lord Chancellor may not make regulations bringing sections 1 to 7 of this Act into force unless— (a) he has first made arrangements for a pilot scheme for the provision of those sections in accordance with subsections (2) and (3), (b) a statutory instrument containing regulations for the commencement of sections 1 to 7 of this Act has been laid before and approved by a resolution of each House of Parliament. (2) A pilot scheme may— (a) be for the purpose of trialling all provisions of sections 1 to 7 of this Act, (b) be for such a period as the Lord Chancellor may by regulations specify, provided that the period does not exceed 24 months beginning with the day on which this section is brought into force, (c) take place in at least one location in England and Wales as the Lord Chancellor may by regulations specify, (d) apply to proceedings in the criminal courts as the Lord Chancellor may by regulations specify. (3) Before the conclusion of the pilot scheme under subsection (2), the Lord Chancellor must— (a) commission an independent review of the pilot scheme, and (b) lay before Parliament a report on the assessment under paragraph (a).”

NC11

To move the following Clause— “Access to free court transcripts for victims (1) Victims of criminal offences shall be entitled to receive, without charge, court transcripts of— (a) judicial summings-up, and (b) bail decisions and conditions, which are relevant to their case. (2) HM Courts and Tribunals Service must ensure that such transcripts are provided within 14 days of a request. (3) The duty under subsection (1) shall apply irrespective of whether the victim gave evidence in the case.”

NC12

To move the following Clause— “Report on the effect of the Act on public trust and participation in the criminal justice system (1) The Lord Chancellor must commission a report on the effect of the provisions of the Act on public trust and participation in the judicial system. (2) A report under this section must— (a) include consideration of the effect of the provisions of the Act on— (i) witness participation; (ii) the effect of these reforms on public confidence and trust in the criminal justice system; and (iii) the effect of these provisions on BAME engagement with and trust of the criminal justice system, (b) contain recommendations for further provision, or changes to delivery of provision under this Act, to increase the levels of each criterion set out in sub-paragraphs (2)(a)(i) to (2)(a)(iii). (3) Within 12 months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament— (a) a copy of a report under this section, (b) the Lord Chancellor’s response to recommendations made by that report.”

NC13

To move the following Clause— “Duty to provide trauma-informed training (1) The Lord Chancellor must ensure that appropriate training is made mandatory for members of all court staff working in the criminal courts on best practice in relation to victims’ trauma. (2) Training under subsection (1) must include— (a) the nature, prevalence, and impact of domestic abuse, coercive and controlling behaviour, and rape and serious sexual offences (“RASSO”); (b) the dynamics and psychological effects of trauma on parties and witnesses involved in proceedings; (c) the identification and appropriate handling of cases involving domestic abuse, coercive and controlling behaviour, and RASSO offences; (d) the ways in which trauma may affect memory, communication, behaviour, and engagement with court proceedings; (e) best practices for reducing retraumatisation within court and tribunals settings. (3) Training provided under this section must— (a) take place on initial appointment to a role within a court, and at regular intervals thereafter; (b) reflect current best practice and be informed by up-to-date research and guidance; and (c) be developed in consultation with appropriate experts, including specialist support organisations and persons with lived experience of abuse and trauma. (4) The Lord Chancellor must keep the training under review and revise it as appropriate. (5) The Lord Chancellor must publish guidance on the implementation of this section.”

NC14

To move the following Clause— “Review of Efficiencies in the Criminal Justice System (1) The Lord Chancellor must, within 24 months beginning with the day on which this Act is passed, conduct a review on the impact of the provisions of this Act on the efficiency of the criminal justice system. (2) The review under subsection (1) must, in particular, consider the impact on the efficiency of the criminal justice system of— (a) the provisions of this Act; (b) the wider criminal justice system; (c) the standard of delivery by court contract providers, including PECS contractors; (d) the condition of the courts estate; and (e) the use of technology. (3) In considering “efficiency”, the review must consider the impact on— (a) delays, (b) backlogs, and (c) the experience of victims and witnesses. (4) The Secretary of State must lay a report on the review before Parliament. (5) The report under subsection (4) must include recommendations for further legislative or administrative changes to improve the efficiency of the criminal justice system.”

NC15

To move the following Clause— “Expiry of sections 1 to 7 in specified circumstances (1) The Lord Chancellor must lay before Parliament a report assessing the effectiveness of the provisions contained in sections 1 to 7 of this Act. (2) A report under this section must be laid— (a) within 24 months beginning on the day on which this Act is passed, or (b) within 24 months of the latest date on which any of sections 1 to 7 is commenced, whichever is the later. (3) The report must describe— (a) any time saved in court as a result of the measures included in those sections; (b) any change in the number of cases awaiting trial in the Crown Court since this Act was passed; (c) the number of cases awaiting trial in the Crown Court at the time at which the report is prepared; and (d) any other effect of the provisions of sections 1 to 7 on the criminal justice system. (4) The report must provide a conclusion by the Lord Chancellor on whether the reforms have been effective in reducing the number of cases awaiting trial at Crown Court. (5) Where the report concludes that the provisions have not been effective, the Lord Chancellor must make regulations providing for the immediate repeal of sections 1 to 7. (6) Where the report concludes that the provisions are effective, the Lord Chancellor must make regulations making provision for repeal of sections 1 to 7 subject to the condition in subsection (8). (7) The condition is that the number of cases awaiting trial in the Crown Court has in the opinion of the Lord Chancellor reduced to a sufficient extent. (8) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

NC16

To move the following Clause— “Remote Court Participation: Strategy (1) The Lord Chancellor must, within 12 months of the passing of this Act, lay before Parliament a strategy for the use of remote proceedings to reduce the case backlog (“the strategy”). (2) The strategy must include— (a) an assessment of the current use of remote proceedings; (b) an evaluation of the impact of remote proceedings on the speed of case disposal and the overall reduction of the outstanding caseload; (c) recommendations on how the principle of open justice can be upheld with the increased use of remote proceedings; (d) criteria for determining the suitability of proceedings for different forms of remote participation; and (e) provisions for the security, reliability, and resilience of digital systems used in remote proceedings. (3) The Secretary of State must, at intervals of no more than 24 months following the laying of the strategy, lay before Parliament a report on progress made against the strategy. (4) The progress report must consider— (a) the extent to which the strategy has been implemented; (b) the impact on the criminal case backlog, including any measures by which that impact has been assessed; and (c) any further legislative or budgetary provisions to ensure the effectiveness of remote proceedings. (5) For the purposes of this section, “remote proceedings” means any proceedings in which one or more participants attend by way of live video or audio link.”

NC17

To move the following Clause— “Inspectorate of Criminal Court Administration (1) The Lord Chancellor may appoint such number of inspectors of criminal court administration as he considers appropriate. (2) Inspectors under this section are collectively known as “His Majesty’s Inspectorate of Criminal Court Administration” (“the Inspectorate”). (3) The Lord Chancellor must appoint one of the persons so appointed to be His Majesty’s Chief Inspector of Criminal Court Administration. (4) The Lord Chancellor may make to or in respect of inspectors of court administration such payments by way of remuneration, allowances or otherwise as he may determine. (5) It is the duty of the Inspectorate to inspect and report to the Lord Chancellor on— (a) the administration and operation of the system that supports the carrying on of the business of— (i) the Crown Court, and (ii) the magistrates’ courts; (b) the efficiency, effectiveness and accessibility of those courts and their services, having particular regard to the experience of witnesses and victims. (6) Any report under subsection (5) must make recommendations to the Lord Chancellor in respect of subsection (5). (7) The Lord Chancellor must lay before Parliament— (a) any report under this section within one month of receiving it; and (b) his response to the recommendations of a report within six months beginning on the day on which the report in question is laid. (8) A response under subsection (7)(b) must describe— (a) any action the Lord Chancellor proposes to take, and (b) where the Lord Chancellor does not propose to take any action, a reason why he proposes not to take action. (9) The Lord Chancellor may not issue any direction to the Inspectorate in relation to its duty under subsection (5). (10) The Lord Chancellor may by regulations make further provision about the Inspectorate.”

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Page 1, line 4, leave out Clause 1

2

Page 4, line 16, leave out Clause 2

3

Page 5, line 12, leave out Clause 3

17

Clause 3, page 6, line 25, at end insert— “(4A) A trial conducted without a jury will be heard by one judge and two magistrates.”

16

Clause 3, page 9, line 17, leave out “no” and insert “a”

10

Clause 3, page 9, line 28, leave out subsections (2) to (4)

4

Page 10, line 5, leave out Clause 4

6

Page 14, line 7, leave out Clause 5

7

Page 15, line 23, leave out Clause 6

11

Clause 6, page 15, line 36, leave out lines 36 and 37

19

Clause 6, page 15, line 37, at end insert— “(1B) Regulations under this paragraph are subject to the affirmative resolution procedure.”

18

Clause 6, page 17, line 18, at end insert— “(9) After section 15 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, insert— “15A Entitlement to Crown Court funding levels in certain proceedings in the Magistrates’ Court (1) This section applies to criminal proceedings in a magistrates’ court where— (a) an individual is charged with an either-way offence; and (b) the court, having regard to the sentencing guidelines, considers it likely that a sentence of imprisonment exceeding 12 months will be imposed upon conviction. (2) Where this section applies, any relevant representation order shall provide for remuneration at the same rates and under the same conditions as would apply if the proceedings were determined in the Crown Court.””

8

Page 17, line 20, leave out Clause 7

12

Clause 17, page 30, line 24, at end insert— “(3) The Lord Chancellor must, within six months of the commencement of this section, lay before both Houses of Parliament a report on the resources required to give full effect to the repeal of subsection 2A in Section 1 of the Children Act 1989. (4) The report under subsection (3) must include— (a) an assessment of the level of legal aid provision necessary to ensure that parties in child arrangements proceedings are able to obtain timely and effective— (i) advice, and (ii) representation, particularly where allegations of domestic abuse or safeguarding concerns are raised; (b) an evaluation of the capacity of the family courts, including— (i) the number of judges, (ii) court staff, and (iii) available hearing time, to undertake robust risk assessment and fact-finding processes in line with Practice Direction 12J; (c) plans to address any shortfalls in judicial training, including— (i) training relating to coercive control, (ii) domestic abuse dynamics, and (iii) child safeguarding, (d) proposals for investment in the family court estate and technology to ensure— (i) the repeal operates effectively, and (ii) decisions are consistently grounded in the welfare and safety of the child.”

13

Clause 26, page 35, line 19, at end insert “, subject to the provisions of subsection (3A). (3A) The Lord Chancellor may not make regulations under subsection (3) relating to the following sections until he has published a response to the recommendation of Part II of Independent Review of the Criminal Courts— (a) Section 1 (Removal of right to elect trial on indictment); (b) Section 2 (Written indication of guilty plea: removal of right to object to venue); (c) Section 3 (Trial on indictment without a jury: general rule for allocation); (d) Section 4 (Trial on indictment without a jury: complex or lengthy cases); (e) Section 5 (Consequential amendments relating to sections 3 and 4); (f) Section 6 (Increase in maximum custodial sentence in magistrates’ courts); (g) Section 7 (Appeals from magistrates’ courts).”

14

Clause 26, page 35, line 33, at end insert “, subject to the provisions of subsection (3A). (3A) The Lord Chancellor may not make regulations under subsection (3) relating to the following sections until the pilot in accordance with section [pilot of trial allocation reforms] has been concluded— (a) Section 1 (Removal of right to elect trial on indictment); (b) Section 2 (Written indication of guilty plea: removal of right to object to venue); (c) Section 3 (Trial on indictment without a jury: general rule for allocation); (d) Section 4 (Trial on indictment without a jury: complex or lengthy cases); (e) Section 5 (Consequential amendments relating to sections 3 and 4); (f) Section 6 (Increase in maximum custodial sentence in magistrates’ courts); (g) Section 7 (Appeals from magistrates’ courts).”

5

Page 36, line 2, leave out Schedule 1

9

Page 38, line 9, leave out Schedule 2

15

Schedule 2, page 52, line 7, leave out “on payment of a fee” and insert “to victims of criminal offence without a fee within 14 days of a request”

NC1

To move the following Clause— “Report on the effect of the Act on prosecution of rape and serious sexual offences (1) The Lord Chancellor must commission a report on the effect of the provisions of this Act on proceedings of cases involving rape and serious sexual offences. (2) The matters the report must consider include— (a) the effect of the Act on the time taken to dispose of cases; (b) the effect of the Act on witness participation in proceedings; and (c) the effect of the Act on the experience of victims during proceedings. (3) The report must make recommendations to improve each of the matters set out in subsection (2). (4) Recommendations may include— (a) recommendations about how the Act is implemented, and (b) recommendations about further provision necessary to improve each matter. (5) In this section, serious sexual offences are such offences as the Crown Prosecution Service may from time to time specify. (6) Within 12 months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament— (a) a copy of a report under this section, (b) the Lord Chancellor’s response to recommendations made by that report.”

NC2

To move the following Clause— “Fast-track courts for rape and serious sexual offences (1) The Lord Chancellor must by regulations make provision for specialist court capacity for cases involving rape and serious sexual offences (“RASSO”). (2) Regulations under this section must include provision for the prioritised listing and progression of RASSO cases. (3) The Lord Chancellor must take reasonable steps for any necessary judicial, administrative and support resources to be made available to operate such court capacity.”

NC3

To move the following Clause— “Extended sitting hours for Crown Court Proceedings (1) The Lord Chancellor may, by order, designate specific Crown Court locations or individual court rooms as extended capacity courts. (2) Proceedings in any court designated under subsection (1) must consist of— (a) a morning session, commencing at 09:00 and concluding at 13:00; and (b) an afternoon session, commencing at 14:00 and concluding at 18:00. (3) Any court designated under subsection (1) will not have a limit on the number of cases that can be heard on the same day.”

NC4

To move the following Clause— “Review of the Feasibility of Two Court Sittings per day (1) The Lord Chancellor must, within 12 months beginning on the day on which this Act comes into force, lay before Parliament an independent report into the feasibility of conducting two trials per day in designated court rooms (“the Scheme”). (2) The scheme would allow for proceedings in a Crown Court to consist of— (a) a morning session, commencing at 09:00 and concluding at 13:00; and (b) an afternoon session, commencing at 14:00 and concluding at 18:00. (3) A report under subsection (1) must assess the impact of the scheme— (a) on the efficiency and timeliness of court proceedings; (b) on the availability of judges, legal practitioners, and court staff; (c) the potential impact on defendants, victims, and witnesses; and (d) the cost and resource implications of the scheme. (4) The Lord Chancellor must, within three months of the laying of the report under subsection (1), publish a response. (5) The response must include proposals for a pilot scheme based on the findings of the report including the proposed scope and duration of any such pilot.”

NC5

To move the following Clause— “Targets for Backlog Reduction (1) The Lord Chancellor must, within six months beginning on the day on which this Act is passed, set and publish annual targets for the reduction of the Crown Court backlog in England and Wales. (2) There must be a target for the— (a) overall reduction of the Crown Court backlog in England and Wales, and (b) reduction of the backlog in each HMCTS region. (3) The Lord Chancellor must lay before Parliament an annual report on progress against these targets. (4) Any report under subsection (3) must include any steps taken to address the failure to meet the targets.”

NC6

To move the following Clause— “Victim-led Intensive Case Management (1) The Lord Chancellor must, within six months of the passing of this Act, lay before Parliament a strategy for the implementation of Victim-Led Intensive Case Management in proceedings in the criminal courts (“The Strategy”). (2) The strategy must outline steps to prioritise the experience of victims in relation to proceedings in the criminal courts.”

NC7

To move the following Clause— “Judicial training: anti-discrimination (1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to discrimination against individuals from ethnic minority backgrounds. (2) Training provided under subsection (1) must cover— (a) the identification and prevention of racial bias, including unconscious bias, and (b) the impact of discrimination on access to justice and judicial outcomes. (3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training. (4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”

NC8

To move the following Clause— “Judicial training: violence against women and girls (1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to violence against women and girls. (2) Training provided under subsection (1) must cover— (a) the nature and dynamics of violence against women and girls, including— (i) domestic abuse, (ii) sexual violence, (iii) coercive control, and (iv) so-called honour-based abuse; (b) best practice in hearing cases involving violence against women and girls, including ensuring fair and trauma-informed proceedings. (3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training. (4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”

NC9

To move the following Clause— “Judicial training: domestic abuse (1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to domestic abuse. (2) Training provided under subsection (1) must cover— (a) the nature and dynamics of domestic abuse, including physical, emotional, psychological, sexual, and economic abuse, as well as controlling or coercive behaviour; (b) best practice in the management of cases involving domestic abuse, including ensuring fair and trauma-informed proceedings. (3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training. (4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”

NC10

To move the following Clause— “Pilot of trial allocation reforms (1) The Lord Chancellor may not make regulations bringing sections 1 to 7 of this Act into force unless— (a) he has first made arrangements for a pilot scheme for the provision of those sections in accordance with subsections (2) and (3), (b) a statutory instrument containing regulations for the commencement of sections 1 to 7 of this Act has been laid before and approved by a resolution of each House of Parliament. (2) A pilot scheme may— (a) be for the purpose of trialling all provisions of sections 1 to 7 of this Act, (b) be for such a period as the Lord Chancellor may by regulations specify, provided that the period does not exceed 24 months beginning with the day on which this section is brought into force, (c) take place in at least one location in England and Wales as the Lord Chancellor may by regulations specify, (d) apply to proceedings in the criminal courts as the Lord Chancellor may by regulations specify. (3) Before the conclusion of the pilot scheme under subsection (2), the Lord Chancellor must— (a) commission an independent review of the pilot scheme, and (b) lay before Parliament a report on the assessment under paragraph (a).”

NC11

To move the following Clause— “Access to free court transcripts for victims (1) Victims of criminal offences shall be entitled to receive, without charge, court transcripts of— (a) judicial summings-up, and (b) bail decisions and conditions, which are relevant to their case. (2) HM Courts and Tribunals Service must ensure that such transcripts are provided within 14 days of a request. (3) The duty under subsection (1) shall apply irrespective of whether the victim gave evidence in the case.”

NC12

To move the following Clause— “Report on the effect of the Act on public trust and participation in the criminal justice system (1) The Lord Chancellor must commission a report on the effect of the provisions of the Act on public trust and participation in the judicial system. (2) A report under this section must— (a) include consideration of the effect of the provisions of the Act on— (i) witness participation; (ii) the effect of these reforms on public confidence and trust in the criminal justice system; and (iii) the effect of these provisions on BAME engagement with and trust of the criminal justice system, (b) contain recommendations for further provision, or changes to delivery of provision under this Act, to increase the levels of each criterion set out in sub-paragraphs (2)(a)(i) to (2)(a)(iii). (3) Within 12 months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament— (a) a copy of a report under this section, (b) the Lord Chancellor’s response to recommendations made by that report.”

NC13

To move the following Clause— “Duty to provide trauma-informed training (1) The Lord Chancellor must ensure that appropriate training is made mandatory for members of all court staff working in the criminal courts on best practice in relation to victims’ trauma. (2) Training under subsection (1) must include— (a) the nature, prevalence, and impact of domestic abuse, coercive and controlling behaviour, and rape and serious sexual offences (“RASSO”); (b) the dynamics and psychological effects of trauma on parties and witnesses involved in proceedings; (c) the identification and appropriate handling of cases involving domestic abuse, coercive and controlling behaviour, and RASSO offences; (d) the ways in which trauma may affect memory, communication, behaviour, and engagement with court proceedings; (e) best practices for reducing retraumatisation within court and tribunals settings. (3) Training provided under this section must— (a) take place on initial appointment to a role within a court, and at regular intervals thereafter; (b) reflect current best practice and be informed by up-to-date research and guidance; and (c) be developed in consultation with appropriate experts, including specialist support organisations and persons with lived experience of abuse and trauma. (4) The Lord Chancellor must keep the training under review and revise it as appropriate. (5) The Lord Chancellor must publish guidance on the implementation of this section.”

NC14

To move the following Clause— “Review of Efficiencies in the Criminal Justice System (1) The Lord Chancellor must, within 24 months beginning with the day on which this Act is passed, conduct a review on the impact of the provisions of this Act on the efficiency of the criminal justice system. (2) The review under subsection (1) must, in particular, consider the impact on the efficiency of the criminal justice system of— (a) the provisions of this Act; (b) the wider criminal justice system; (c) the standard of delivery by court contract providers, including PECS contractors; (d) the condition of the courts estate; and (e) the use of technology. (3) In considering “efficiency”, the review must consider the impact on— (a) delays, (b) backlogs, and (c) the experience of victims and witnesses. (4) The Secretary of State must lay a report on the review before Parliament. (5) The report under subsection (4) must include recommendations for further legislative or administrative changes to improve the efficiency of the criminal justice system.”

NC15

To move the following Clause— “Expiry of sections 1 to 7 in specified circumstances (1) The Lord Chancellor must lay before Parliament a report assessing the effectiveness of the provisions contained in sections 1 to 7 of this Act. (2) A report under this section must be laid— (a) within 24 months beginning on the day on which this Act is passed, or (b) within 24 months of the latest date on which any of sections 1 to 7 is commenced, whichever is the later. (3) The report must describe— (a) any time saved in court as a result of the measures included in those sections; (b) any change in the number of cases awaiting trial in the Crown Court since this Act was passed; (c) the number of cases awaiting trial in the Crown Court at the time at which the report is prepared; and (d) any other effect of the provisions of sections 1 to 7 on the criminal justice system. (4) The report must provide a conclusion by the Lord Chancellor on whether the reforms have been effective in reducing the number of cases awaiting trial at Crown Court. (5) Where the report concludes that the provisions have not been effective, the Lord Chancellor must make regulations providing for the immediate repeal of sections 1 to 7. (6) Where the report concludes that the provisions are effective, the Lord Chancellor must make regulations making provision for repeal of sections 1 to 7 subject to the condition in subsection (8). (7) The condition is that the number of cases awaiting trial in the Crown Court has in the opinion of the Lord Chancellor reduced to a sufficient extent. (8) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

NC16

To move the following Clause— “Remote Court Participation: Strategy (1) The Lord Chancellor must, within 12 months of the passing of this Act, lay before Parliament a strategy for the use of remote proceedings to reduce the case backlog (“the strategy”). (2) The strategy must include— (a) an assessment of the current use of remote proceedings; (b) an evaluation of the impact of remote proceedings on the speed of case disposal and the overall reduction of the outstanding caseload; (c) recommendations on how the principle of open justice can be upheld with the increased use of remote proceedings; (d) criteria for determining the suitability of proceedings for different forms of remote participation; and (e) provisions for the security, reliability, and resilience of digital systems used in remote proceedings. (3) The Secretary of State must, at intervals of no more than 24 months following the laying of the strategy, lay before Parliament a report on progress made against the strategy. (4) The progress report must consider— (a) the extent to which the strategy has been implemented; (b) the impact on the criminal case backlog, including any measures by which that impact has been assessed; and (c) any further legislative or budgetary provisions to ensure the effectiveness of remote proceedings. (5) For the purposes of this section, “remote proceedings” means any proceedings in which one or more participants attend by way of live video or audio link.”

NC17

To move the following Clause— “Inspectorate of Criminal Court Administration (1) The Lord Chancellor may appoint such number of inspectors of criminal court administration as he considers appropriate. (2) Inspectors under this section are collectively known as “His Majesty’s Inspectorate of Criminal Court Administration” (“the Inspectorate”). (3) The Lord Chancellor must appoint one of the persons so appointed to be His Majesty’s Chief Inspector of Criminal Court Administration. (4) The Lord Chancellor may make to or in respect of inspectors of court administration such payments by way of remuneration, allowances or otherwise as he may determine. (5) It is the duty of the Inspectorate to inspect and report to the Lord Chancellor on— (a) the administration and operation of the system that supports the carrying on of the business of— (i) the Crown Court, and (ii) the magistrates’ courts; (b) the efficiency, effectiveness and accessibility of those courts and their services, having particular regard to the experience of witnesses and victims. (6) Any report under subsection (5) must make recommendations to the Lord Chancellor in respect of subsection (5). (7) The Lord Chancellor must lay before Parliament— (a) any report under this section within one month of receiving it; and (b) his response to the recommendations of a report within six months beginning on the day on which the report in question is laid. (8) A response under subsection (7)(b) must describe— (a) any action the Lord Chancellor proposes to take, and (b) where the Lord Chancellor does not propose to take any action, a reason why he proposes not to take action. (9) The Lord Chancellor may not issue any direction to the Inspectorate in relation to its duty under subsection (5). (10) The Lord Chancellor may by regulations make further provision about the Inspectorate.”

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Page 1, line 4, leave out Clause 1

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Page 4, line 16, leave out Clause 2

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Page 5, line 12, leave out Clause 3

17

Clause 3, page 6, line 25, at end insert— “(4A) A trial conducted without a jury will be heard by one judge and two magistrates.”

16

Clause 3, page 9, line 17, leave out “no” and insert “a”

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Clause 3, page 9, line 28, leave out subsections (2) to (4)

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Page 10, line 5, leave out Clause 4

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Page 14, line 7, leave out Clause 5

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Page 15, line 23, leave out Clause 6

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Clause 6, page 15, line 36, leave out lines 36 and 37

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Clause 6, page 15, line 37, at end insert— “(1B) Regulations under this paragraph are subject to the affirmative resolution procedure.”

18

Clause 6, page 17, line 18, at end insert— “(9) After section 15 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, insert— “15A Entitlement to Crown Court funding levels in certain proceedings in the Magistrates’ Court (1) This section applies to criminal proceedings in a magistrates’ court where— (a) an individual is charged with an either-way offence; and (b) the court, having regard to the sentencing guidelines, considers it likely that a sentence of imprisonment exceeding 12 months will be imposed upon conviction. (2) Where this section applies, any relevant representation order shall provide for remuneration at the same rates and under the same conditions as would apply if the proceedings were determined in the Crown Court.””

8

Page 17, line 20, leave out Clause 7

12

Clause 17, page 30, line 24, at end insert— “(3) The Lord Chancellor must, within six months of the commencement of this section, lay before both Houses of Parliament a report on the resources required to give full effect to the repeal of subsection 2A in Section 1 of the Children Act 1989. (4) The report under subsection (3) must include— (a) an assessment of the level of legal aid provision necessary to ensure that parties in child arrangements proceedings are able to obtain timely and effective— (i) advice, and (ii) representation, particularly where allegations of domestic abuse or safeguarding concerns are raised; (b) an evaluation of the capacity of the family courts, including— (i) the number of judges, (ii) court staff, and (iii) available hearing time, to undertake robust risk assessment and fact-finding processes in line with Practice Direction 12J; (c) plans to address any shortfalls in judicial training, including— (i) training relating to coercive control, (ii) domestic abuse dynamics, and (iii) child safeguarding, (d) proposals for investment in the family court estate and technology to ensure— (i) the repeal operates effectively, and (ii) decisions are consistently grounded in the welfare and safety of the child.”

13

Clause 26, page 35, line 19, at end insert “, subject to the provisions of subsection (3A). (3A) The Lord Chancellor may not make regulations under subsection (3) relating to the following sections until he has published a response to the recommendation of Part II of Independent Review of the Criminal Courts— (a) Section 1 (Removal of right to elect trial on indictment); (b) Section 2 (Written indication of guilty plea: removal of right to object to venue); (c) Section 3 (Trial on indictment without a jury: general rule for allocation); (d) Section 4 (Trial on indictment without a jury: complex or lengthy cases); (e) Section 5 (Consequential amendments relating to sections 3 and 4); (f) Section 6 (Increase in maximum custodial sentence in magistrates’ courts); (g) Section 7 (Appeals from magistrates’ courts).”

14

Clause 26, page 35, line 33, at end insert “, subject to the provisions of subsection (3A). (3A) The Lord Chancellor may not make regulations under subsection (3) relating to the following sections until the pilot in accordance with section [pilot of trial allocation reforms] has been concluded— (a) Section 1 (Removal of right to elect trial on indictment); (b) Section 2 (Written indication of guilty plea: removal of right to object to venue); (c) Section 3 (Trial on indictment without a jury: general rule for allocation); (d) Section 4 (Trial on indictment without a jury: complex or lengthy cases); (e) Section 5 (Consequential amendments relating to sections 3 and 4); (f) Section 6 (Increase in maximum custodial sentence in magistrates’ courts); (g) Section 7 (Appeals from magistrates’ courts).”

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Page 36, line 2, leave out Schedule 1

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Page 38, line 9, leave out Schedule 2

15

Schedule 2, page 52, line 7, leave out “on payment of a fee” and insert “to victims of criminal offence without a fee within 14 days of a request”

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Page 1, line 4, leave out Clause 1

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Page 4, line 16, leave out Clause 2

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Page 5, line 12, leave out Clause 3

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Page 10, line 5, leave out Clause 4

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Page 14, line 7, leave out Clause 5

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Page 15, line 23, leave out Clause 6

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Page 17, line 13, leave out Clause 7

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Page 36, line 2, leave out Schedule 1

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Page 38, line 9, leave out Schedule 2