Senior Courts Act 2016

  • Warning: Some amendments have not yet been incorporated
  • Corrections have been made to Part 2 of Schedule 4 on 11 November 2016 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012, and on 6 March 2017 to Schedule 3 under section 25(1)(j)(iii) and (v) of the Legislation Act 2012, and on 7 March 2017 to Schedule 3 in order to fix amending terminology under sections 25(1)(j)(i) and (v), and on 23 August 2017 to section 174 under section 25(1)(j)(i) of the Legislation Act 2012.

Schedule 2 Categories of information for purposes of sections 173 and 174

ss 173, 174

Court information

Part A Description of court information

ItemCategoryDescription
1Formal court recordAny of the following kept in the registry of the court that relate to a criminal, civil, or family proceeding:
(a)a register or index:
(b)any published list that gives notice of a hearing:
(c)a document that—
(i)may be accessed under an enactment other than this Act; or
(ii)constitutes notice of its content to the public:
(d)a judgment, order, or minute of the court, including any record of the reasons given by a Judge or other judicial officer:
(e)the rolls of barristers and solicitors kept under section 56 of the Lawyers and Conveyancers Act 2006 or any former corresponding enactment
The permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced)
2Court fileA collection of documents in the custody and control of the court that relate to criminal or civil proceedings (including family proceedings) for example, applications, submissions, and supporting affidavits, but excluding notes made by or for a judicial officer for his or her personal use
3Information relating to particular casesInformation held by the Ministry of Justice in hard copy form, or on the Ministry’s data sets or databases, for the purpose of assisting with the management of court proceedings
4Electronic records of hearings

Part B Permitted information

ItemCategoryDescription
Permitted information(1)The permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced)
(2)Information that any of the following orders have been made in respect of a person:
(a)any protection order under the Domestic Violence Act 1995 or the Sentencing Act 2002:
(b)any restraining order under the Harassment Act 1997:
(c)any extended supervision order under the Parole Act 2002:
(d)any non-contact order under the Victims’ Orders Against Violent Offenders Act 2014:
(e)any public protection order under the Public Safety (Public Protection Orders) Act 2014
(3)Information that any probation report exists in respect of a person

Ministry of Justice information

ItemCategoryDescription
1Separate or collated administrative information and statistics taken primarily from case management systems to enable the ministry to efficiently budget, plan, and administer the court systemIncludes information on the relative costs of proceedings, use of courtrooms, and deployment of court staff
2Case-level information that is combined with Police, Corrections, and other government agency data to support policy formation, statistics, and researchCase-level information, where all personal identification details are removed to ensure that the identity of any individual cannot be derived from the published information or data
3Information relating to court staff personnel matters
4Aggregate information about judicial expenditureIncludes information relating to judicial travel
5Information on operational mattersIncludes information about court buildings, resources, support systems, and other operational matters
6Information held by or on behalf of the Rules Committee
7Statistics (counts, averages, trends, etc) and performance measures (to assess achievement against operating targets, etc) about court processes and case outcomesData that is extracted from case-level transactions, where all personal identification details are removed and outputs are checked to ensure that the identity of any individual cannot be derived from the published data
8Correspondence and other information relating to liaison between the judiciary and the Ministry of Justice about the management and administration of judicial matters
9Minutes of joint committee meetings of the judiciary at which representatives of the Ministry of Justice are present

Judicial information

ItemCategory
1Information about individual judicial expenditure
2Judicial communications not relating to particular cases
3Information about a Judge that relates to the Judge’s performance of his or her role and function as a Judge
4Internal communications, via email or in hard copy, between Judges and between Judges and administrative personnel about judicial administrative and management matters
5Minutes of committee meetings of the judiciary that relate to the management and administration of judicial affairs (but not including the Rules Committee)
6Judicial personnel matters, such as salary, leave, and sabbatical records, that have not been anonymised, including allocations of technology, personal expenses records, judicial training programmes, and attendance at overseas conferences
7Separate or collated information relating to the rostering of Judges, judicial activity information, and judicial activity statistics that identify particular Judges
8Judicial communications, including Judges’ papers or notes relating to particular cases