Enter to open, tab to navigate, enter to select
Queen's Speech 2012 sets out changes to the justice system
Practical Law UK Legal Update 1-519-4182 (Approx. 5 pages)
Queen's Speech 2012 sets out changes to the justice system
by PLC Dispute Resolution
| Published on 14 May 2012 • England, Wales |
The Queen's Speech was delivered on 9 May 2012 and set out the government's policies and proposed legislative programme for the forthcoming parliamentary session. The legislative programme includes the Crime and Courts Bill and the Justice and Security Bill, which introduce changes to the civil and criminal justice systems. (Free access)
Speedread
The legislative programme outlined in the Queen's Speech 2012 contains two new Bills that implement change in the civil and criminal justice systems:
- The Crime and Courts Bill. This introduces such measures as:
- allowing for the filming and broadcasting of proceedings in the Court of Appeal;
- creating a single county court system; and
- reforming the process for judicial appointments.
- The Justice and Security Bill. This introduces proposals including the use of closed material procedures for civil proceedings that involve sensitive information in the High Court and Court of Appeal.
Proposals contained in the Bills are expected to be debated and enacted during the course of the forthcoming parliamentary session.
The Queen's Speech was delivered on 9 May 2012 and set out the government's policies and proposed legislative programme for the forthcoming parliamentary session. Included in the legislative programme are the Crime and Courts Bill and the Justice and Security Bill, which implement certain changes to the civil and criminal justice systems.
The Crime and Courts Bill includes the following measures:
- The filming and broadcasting of court proceedings in limited circumstances, which amends current legislation banning filming in court. Supreme Court proceedings are already televised and the government intends to extend this firstly to the Court of Appeal (civil and criminal divisions), where filming of opening and closing legal arguments and judgments will be permitted. Over time, the government intends to allow for the broadcasting of judges' sentencing remarks in the Crown Court. The government has published detailed proposals on broadcasting court proceedings, which accompany the legislation in the Crime and Courts Bill (see Ministry of Justice: Proposals to allow the broadcasting, filming, and recording of selected court proceedings (May 2012)).
- Creating a single county court system in England and Wales. This takes forward the proposals contained in the government response to the consultation, Solving disputes in the county courts (see Legal update, Solving disputes in the county courts: government response).
- Modernising the process for judicial appointments to increase transparency and improve diversity. In November 2011, the government published a consultation, Appointments and Diversity: A Judiciary for the 21st Century (see Legal update, Consultation on judicial appointments and diversity). The response to the consultation was published on 11 May 2012 and contains the proposals being taken forward in the Crime and Courts Bill (see Ministry of Justice: Appointments and Diversity: a Judiciary for the 21st Century: Response to public consultation (11 May 2012)). Proposals include removing obstacles that limit diversity in the judiciary, for example, by the introduction of part-time working in the High Court, Court of Appeal and Supreme Court.
The Justice and Security Bill allows for the limited use of closed material procedures in civil proceedings (in the High Court and Court of Appeal) so that a greater range of evidence can be heard in national security cases, without disclosing sensitive information to the public. The proposals contained in the Bill first appeared in the government's Green Paper, Justice and Security (see Legal update, Green Paper to allow consideration of sensitive information in civil proceedings). The proposals were opposed by the Joint Committee on Human Rights (see Legal update, Green paper on justice and security: Human Rights Committee publishes report).
The Law Society has published its response to the legislative programme outlined in the Queen's Speech (see The Law Society: Law Society's response to the legislative programme outlined in the Queen's Speech (10 May 2012)). It welcomes the government's proposals in the Crime and Courts Bill to introduce broadcasting in court in limited circumstances. However, it expresses concerns about the Justice and Security Bill, and has warned that "it must not become a cloak for a Government to hide its blushes".
In its response, the Law Society has also welcomed the introduction of a Defamation Bill as part of the government's legislative programme, and expects it to lead to a "clearer, more proportionate defamation law regime". However, the Law Society expresses concerns over the introduction of a requirement that statements have to cause serious harm to be actionable. For further information on the Defamation Bill, see Legal update, New Defamation Bill announced in Queen's Speech.
Measures set out in the Bills will not take effect until the proposals have been considered and approved by Parliament.
PLC Dispute Resolution will be tracking the progress of both the Crime and Courts Bill and the Justice and Security Bill (see Practice notes, Crime and Courts Bill 2012-13: tracker and Justice and Security Bill: tracker). The trackers can also be found on our Trackers and toolkits page.
Sources: