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by Munro Research

Prisons and Courts Bill


Official Summary

A Bill to make provision about prisons; make provision about practice and procedure in courts and tribunals, organisation of courts and tribunals, functions of the judiciary and of courts and tribunals and their staff, appointment and deployment of the judiciary, and functions of the Judicial Appointments Commission; and make provision about whiplash claims.

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Overview

The Prisons and Courts Bill aims to improve the efficiency and effectiveness of the UK's prison and court systems, introducing reforms to prison management, court procedures, judicial appointments, and whiplash claims. It also seeks to modernize processes through increased use of technology.

Description

Prisons

The bill clarifies the purpose of prisons, emphasizing public protection, offender reform, and rehabilitation. It strengthens the role of Her Majesty's Chief Inspector of Prisons, granting them enhanced powers of entry and information gathering. A Prisons and Probation Ombudsman is established to investigate deaths and complaints within prisons and probation services.

Courts and Tribunals

The bill introduces written procedures for certain criminal cases, allowing for quicker processing of low-value shoplifting and other minor offenses. It expands the use of live audio and video links for court and tribunal proceedings, improving accessibility and efficiency. Online procedures are introduced for civil, family, and tribunal matters. Changes are made to the composition of employment tribunals and the Employment Appeal Tribunal. Local justice areas are abolished.

Judiciary

The bill makes provisions regarding the deployment of judges, including the possibility of fixed-term appointments for leadership roles within the judiciary. It also amends the functions of the Judicial Appointments Commission, expanding their role to provide assistance with non-judicial appointments.

Whiplash Claims

The bill introduces reforms to whiplash claims, including fixed amounts of damages for pain, suffering, and loss of amenity for whiplash injuries of less than two years' duration and restrictions on settlements before medical reports are obtained. The Financial Conduct Authority is given regulatory powers over these claims.

Government Spending

The bill's financial implications are not explicitly stated in the provided text, but it is likely to involve costs associated with implementing the new Ombudsman's office, updating court technology, and training staff on new procedures. Savings may be realized through increased efficiency in the court system and reduced whiplash claim payouts.

Groups Affected

Prisoners: Will be affected by the clarified purpose of prisons, increased monitoring by the Chief Inspector, and the new Ombudsman's investigative powers.
Prison staff: Will face increased scrutiny and possibly changes to their roles and responsibilities.
Court staff: Will be impacted by the changes in procedures and the increased use of technology.
Judges and judicial office holders: Will experience changes to their deployment, some will have fixed-term appointments.
Legal professionals: Will adapt to the new court procedures and may see changes in their workload.
Victims of crime: May benefit from improvements in court procedures and the prohibition of in-person cross-examination in some family proceedings.
Individuals involved in whiplash claims: Will be subject to new rules on settlements and damages.
Insurers: Will be affected by changes in whiplash claim regulations.

Full Text

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