A wide-ranging justice reform Bill currently progressing through Tynwald could bring some of the most significant changes to the island’s court system in recent years.

The Justice and Home Affairs (Reform and Miscellaneous Amendments) Bill 2025 would amend and complete provisions first set out in the Justice Reform Act 2021. While much of the legislation is technical in nature, it is designed to correct flaws in the earlier Act so it can finally be brought fully into force.

Although the title may appear administrative, the Bill covers youth justice, sentencing powers, jury verdicts, police powers, domestic abuse protections and the creation of a sentencing council.

One of the most notable changes would see 17-year-old defendants treated as youths rather than adults. That would bring the Isle of Man into line with England and Wales.

Juvenile Courts would be renamed Youth Courts and their jurisdiction extended to all defendants under the age of 18.

A spokesman for the Department of Home Affairs said the original policy intention in the 2021 Act had been to extend Youth Court jurisdiction to under-18s. However, technical flaws – particularly around sentencing powers across different courts – meant the legislation was never ‘switched on’.

The spokesman said: ‘The original policy intent to extend the jurisdiction of the Youth Court to people under the age of 18 is still valid, but the technicalities of the process behind this system needed further refinement. The current Bill makes the necessary amendments.’

Youth Courts are generally more focused on rehabilitation and tend to impose less severe sentences than adult courts.

However, the reforms also mean that young people appearing in summary court could face stronger penalties than at present.

The Bill proposes increasing the sentencing powers of summary courts. Currently, they can impose a maximum custodial sentence of one year. If a court believes a longer term is justified, the case must be committed to the Court of General Gaol Delivery for sentencing.

Under the proposed reforms, summary courts would be able to impose up to two years’ custody, as well as unlimited fines where the relevant offence allows.

The Department says this would reduce the number of cases escalated to the higher court purely for sentencing, easing pressure on the system.

Young defendants in summary court could also face custodial sentences of up to two years. However, courts would still retain the power to commit cases to the higher court where a greater sentence is considered necessary.

Supporters argue this gives courts greater flexibility. Critics may question whether it risks harsher outcomes for some young offenders.

The Bill also completes reforms to the island’s jury system which have been introduced in stages since 2022.

A Tynwald Select Committee on the Operation of the Jury System previously examined the make-up of Manx juries, including the introduction of majority verdicts, the size of juries in serious cases and the possibility of judge-only trials.

Some changes have already taken effect under the 2021 Act. Others, such as requiring 12-person juries for offences carrying sentences of ten years or more, are due to come into force.

The new Bill clarifies how trials should proceed if jury numbers fall because of illness or other issues.

In a 12-person jury, the trial could continue if numbers fall to nine. The Bill sets out how many jurors must agree to reach a verdict depending on the remaining number. For example, if reduced to 11 jurors, 10 would need to agree. If reduced to 10, nine would need to agree. If a 12-person jury falls to nine, unanimity would be required.

For a seven-person jury, six would need to agree. If reduced to six, five would need to agree.

The reforms are intended to reduce the risk of trials collapsing due to illness or disruption while maintaining safeguards around fairness.

Another proposed change would allow courts to defer sentencing for up to 12 months while placing an offender under probation supervision.

This would allow the court to review the defendant’s conduct during that period before deciding on the final sentence.

The Department has indicated this could provide an incentive for positive behaviour and, in appropriate cases, avoid immediate custody.

The Bill would also widen police powers relating to personal data and samples. More individuals could be required to provide fingerprints and other samples, and detainees could be tested for drugs or alcohol in certain circumstances.

Assaults on emergency workers would be treated more seriously, with hostility based on race, religion, gender or transgender identity recognised as specific aggravating factors in sentencing.

Harassment or stalking committed abroad could also be prosecuted in the Isle of Man under the proposals.

In addition, those convicted of aiding and abetting murder, or acting as an accessory, could face life imprisonment rather than the current maximum sentence of ten years.

The Bill contains provision to establish a sentencing council to produce and publish sentencing guidelines tailored to the Isle of Man.

The intention is to promote greater consistency and transparency in sentencing decisions.

Domestic abuse protection orders would also be strengthened, with arrest powers extended in cases of breach.

In sexual offence cases, defendants would no longer be permitted to personally cross-examine alleged victims, a measure intended to protect complainants from further trauma.

The Bill is currently at clause stage in the House of Keys. Once that process concludes, it will move to the Legislative Council for further scrutiny.

While much of the legislation is technical, its practical impact would be significant, reshaping aspects of youth justice, sentencing, jury trials and police powers.

If approved, the reforms would complete changes first proposed in 2021 and mark a substantial update to the island’s criminal justice system.