Overview

This bill amends the Criminal Justice and Courts Act, primarily focusing on the criteria for detaining young people in secure colleges and clarifying the procedures for judicial review applications. Disagreements between the House of Lords and the House of Commons led to compromises on several clauses.

Description

The bill's key changes relate to two main areas:

Secure College Detention:

The House of Lords initially sought to completely ban the detention of females and males under 15 in secure colleges. The House of Commons disagreed, leading to a compromise. The final version grants the Secretary of State the power to provide secure colleges for these groups, but only after a draft of the instrument has been approved by both Houses of Parliament.

Judicial Review Procedures:

The bill initially imposed mandatory duties on the High Court and Upper Tribunal regarding judicial review proceedings, even if the outcome likely wouldn't have been affected by the conduct under review. The Lords amended it to allow for discretion in these cases, prioritizing public interest. The Commons disagreed but proposed alternative amendments. The final version grants the court discretion to disregard certain requirements if there are exceptional reasons in the public interest. A certification of these exceptional reasons is required. Further amendments were made concerning information about the financing of judicial review applications, granting discretion to courts and tribunals on disclosure of this information while also implementing rules to only require identification of those providing significant financial support.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The changes regarding secure colleges could potentially increase or decrease government spending depending on the decisions made by the Secretary of State and Parliament. The changes to judicial review processes may have indirect implications on government spending through potential increases or decreases in legal challenges.

Groups Affected

• Young people (under 15): The bill affects their potential detention in secure colleges.
• Females: The bill impacts their potential detention in secure colleges.
• High Court and Upper Tribunal judges: Their procedures for handling judicial review applications are altered.
• Applicants for judicial review: The bill clarifies their rights and the conditions under which they may receive relief.
• Individuals financing judicial review applications: The bill impacts disclosure of identifying information depending on the financial amount involved.

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