Overview

This bill makes amendments to the Criminal Justice and Courts Bill, primarily concerning the detention of young people in secure colleges and the discretion of courts in judicial review proceedings.

Description

Secure College Detention

The bill initially proposed a ban on detaining females and males under 15 in secure colleges. After disagreement between the Commons and Lords, a compromise was reached. The Secretary of State will now require parliamentary approval to use secure colleges for this purpose.

Judicial Review Proceedings

Amendments relate to judicial review cases where the outcome likely wouldn't have changed regardless of the challenged action. The original bill imposed strict duties on the courts; however, the amendments introduce a degree of discretion to allow courts to disregard certain requirements in exceptional public interest cases. This discretion will require certification from the court. The amendments cover the High Court, the Upper Tribunal, and the Court of Appeal.

Funding Transparency in Judicial Reviews

The bill originally required full disclosure of funding for judicial review applications. Amendments now allow courts and tribunals discretion, only mandating disclosure of funding exceeding a specified threshold set out in the rules. This threshold must be defined in the rules of court and tribunal procedure rules.

Government Spending

The bill does not directly specify government spending figures. The potential cost will depend on the implementation of the amendments regarding secure colleges and any changes to court procedure resulting from the judicial review amendments.

Groups Affected

• Children (under 15): The amendments regarding secure college detention directly affect this group. Parliament will decide if they can be detained in these facilities.
• Females: Also directly affected by the amendments concerning secure college detention.
• High Court, Upper Tribunal, Court of Appeal: The amendments alter their procedures and discretion in judicial review cases, potentially increasing workload in some scenarios.
• Applicants for Judicial Review: The amendments concerning disclosure of funding may affect the ability of some to bring judicial review cases, especially those relying on smaller funding amounts. The change in court discretion may also impact their chances of a successful outcome.
• Secretary of State: The bill impacts the Secretary of State's power regarding secure colleges, requiring parliamentary approval for certain actions.

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