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.
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.
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.
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.
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.
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.
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.
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 The Crown Prosecution Service states that section 33 of the Criminal Justice and Courts Act 2015 was repealed by the Online Safety Act 2023, with the new intimate image offences under the Sexual Offences Act 2003 applying from 31 January 2024.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.
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.
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.
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.
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.
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.
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.
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
References
- Criminal Justice and Courts Act 2015
- Criminal Justice and Courts Act 2015 explanatory notes
- Ministry of Justice: Criminal Justice and Courts Act 2015 circular
- Crown Prosecution Service: Communications offences
- GOV.UK: Online Safety Act new criminal offences circular
- College of Policing: Revenge pornography
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