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The Criminal Justice and Courts Act 2015 is a significant piece of legislation in the [[United Kingdom]] that encompasses a wide range of provisions related to criminal justice, courts, and the legal system. Enacted on 26 March 2015, this Act introduced various reforms aimed at improving the criminal justice system, enhancing the effectiveness of court proceedings, and addressing specific offences and penalties. This wiki page provides an overview of the key provisions, offences, and penalties under the Criminal Justice and Courts Act 2015.
The '''Criminal Justice and Courts Act 2015''' is a United Kingdom Act of Parliament dealing with criminal justice, sentencing, court procedure, prisons, judicial review and related matters. It received Royal Assent on 12 February 2015.
== Key Provisions ==
The Criminal Justice and Courts Act 2015 covers a variety of legal areas, including criminal justice, courts, and procedures. Some of the key provisions of the Act include:
The Act covers many different subjects. It should not be treated as one single offence or policy. A useful description needs to identify the relevant section, because provisions about police corruption, road traffic, juries, private sexual images and judicial review sit in different parts of the Act.
=== 1. Custodial Sentences for Dangerous Offenders ===
The Act introduces provisions for extended determinate custodial sentences for certain dangerous offenders. This ensures that those who pose a significant risk to the public can be detained for longer periods.
== Main Areas ==
The Act made changes across criminal justice and court administration. Its topics include offender release and recall, secure colleges, costs in criminal courts, offences by jurors, court and tribunal procedure, judicial review and several specific criminal offences.
=== 2. Secure Colleges ===
The Act provides for the establishment of secure colleges to accommodate young offenders. These institutions focus on education and rehabilitation to reduce reoffending.
Some parts are technical or have been amended since commencement. The Act should therefore be read with the current text of the legislation and any later Acts that have amended it.
=== 3. Changes to Bail ===
The Act amends the rules and procedures for granting bail, including provisions to impose electronic monitoring on individuals released on bail.
== Police Powers Offence ==
Section 26 created an offence concerning the corrupt or otherwise improper exercise of police powers and privileges. The explanatory notes describe it as an offence for a police officer, and certain other persons, to exercise improperly the powers and privileges of a constable.
=== 4. Secure College Rules ===
The Act sets out the framework for rules and regulations governing secure colleges, including matters related to management, education, and welfare of young offenders.
The provision was aimed at misconduct involving police powers rather than ordinary mistakes. In practice, any prosecution depends on the statutory wording, the evidence and whether the conduct meets the required fault elements.
=== 5. Video-Recorded Cross-Examination ===
The Act introduces video-recorded cross-examination for vulnerable witnesses in certain criminal proceedings to improve their experience and ensure fair trials.
== Private Sexual Photographs and Films ==
Sections 33 to 35 originally created the offence often called revenge pornography, covering disclosure of private sexual photographs or films with intent to cause distress. The Domestic Abuse Act 2021 later extended the law to threats to disclose.
=== 6. New Offences and Penalties ===
The Act introduces several new offences and penalties to address emerging challenges and issues in the criminal justice system.
This area has since changed. The Crown Prosecution Service states that section 33 of the Criminal Justice and Courts Act 2015 was repealed by the Online Safety Act 2023, with the new intimate image offences under the Sexual Offences Act 2003 applying from 31 January 2024. The old section 33 offence can still be relevant to conduct committed during the period when it was in force.
== Notable Offences and Penalties ==
== Jury and Court-Related Offences ==
The Act created or updated offences connected to juror conduct, including research by jurors and sharing research with other jurors. These provisions were aimed at protecting the fairness of jury trials in a world where internet searches and online communication can interfere with the evidence actually heard in court.
=== 1. Offences of Controlling or Coercive Behaviour in an Intimate or Family Relationship ===
The Act creates an offence of controlling or coercive behaviour in an intimate or family relationship, recognizing the significance of emotional and psychological abuse.
The Act also contains provisions about appeals, costs and procedure. These parts are less visible to the public but matter to lawyers, courts and people involved in proceedings.
=== 2. Revenge Pornography ===
The Act introduces the offence of disclosing private sexual photographs and films with the intent to cause distress, further addressing issues related to privacy and technology.
== Judicial Review ==
Part 4 of the Act made changes affecting judicial review, including provisions about remedies, interveners and funding information. These changes were controversial because judicial review is a key way of challenging public bodies.
=== 3. New Measures for Dealing with Offenders ===
The Act includes provisions for new measures to address offences, such as community orders and financial penalties.
The broad point is that the Act did not abolish judicial review. It changed some rules around how claims are handled and what courts must consider in certain circumstances.
=== 4. Corrupt or Other Improper Exercise of Police Powers and Privileges ===
The Act introduces offences related to the corrupt or other improper exercise of police powers and privileges, enhancing accountability within law enforcement.
== Practical Examples ==
=== Police Corruption Allegation ===
An officer uses police powers for a personal benefit or improper purpose. Section 26 may be considered if the conduct fits the statutory offence and the evidence supports prosecution.
== Penalties ==
Penalties under the Criminal Justice and Courts Act 2015 vary depending on the specific offence. They may include fines, custodial sentences, community orders, or other measures aimed at addressing the nature and severity of the offence committed.
=== Historic Intimate Image Case ===
An alleged disclosure of a private sexual image happened in 2022. The old section 33 offence may still be relevant because the conduct occurred before the Online Safety Act 2023 intimate image reforms came into force on 31 January 2024.
== Conclusion ==
The Criminal Justice and Courts Act 2015 represents a significant step toward enhancing the criminal justice system, promoting fairness, and addressing various offences within the legal framework of the United Kingdom. By introducing new offences, penalties, and procedural reforms, the Act contributes to the ongoing evolution of the nation's legal landscape.
=== Current Intimate Image Case ===
An alleged sharing of an intimate image happens after 31 January 2024. CPS guidance points prosecutors to the newer Sexual Offences Act 2003 intimate image offences inserted by the Online Safety Act 2023, rather than charging new conduct under section 33 of the 2015 Act.
== See Also ==
* [[Online_Safety_Act_2023]]
* [[Communications_Act_2003]]
* [[Public_Order_Act_1986]]
* [[Common_Law]]
== References ==
* [https://www.legislation.gov.uk/ukpga/2015/2 Criminal Justice and Courts Act 2015]
* [https://www.legislation.gov.uk/ukpga/2015/2/notes Criminal Justice and Courts Act 2015 explanatory notes]
* [https://assets.publishing.service.gov.uk/media/5a74f25fed915d3c7d5292fe/cjc-act-circular.pdf Ministry of Justice: Criminal Justice and Courts Act 2015 circular]
* [https://www.cps.gov.uk/prosecution-guidance/communications-offences Crown Prosecution Service: Communications offences]
* [https://www.gov.uk/government/publications/online-safety-act-new-criminal-offences-circular/online-safety-act-new-criminal-offences-circular GOV.UK: Online Safety Act new criminal offences circular]
* [https://assets.college.police.uk/s3fs-public/2022-07/Revenge-pornography-2021.pdf College of Policing: Revenge pornography]
[[Category:Law]]
[[Category:Criminal law]]
[[Category:UK law]]