Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
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(b)
a reference to a function of the National Crime Agency is to be
construed as a reference to an NCA function within the meaning of this
Part (unless the context otherwise requires).
(4)
Definitions of the following terms used in this Part, or other provision relating
to the meanings of such terms, are contained in the provisions (outside this
5
section) which are indicated.

Term
Provision containing

definition etc

activities to combat crime (or a particular kind of
section 1(11)

crime)

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annual plan
section 3(3)

annual report
Part 2 of Schedule 2

crime-reduction function
section 1(4)

criminal intelligence function
section 1(5)

customs matter
section 8(8)

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framework document
Part 1 of Schedule 2

NCA special
paragraph 15 of

Schedule 1

operational power
section 8(8)

strategic priorities
section 2

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Part 2
Courts and Justice
Administration of justice
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Civil and family proceedings in England and Wales
(1)
In Part 1 of the County Courts Act 1984 at the beginning insert—
25
“The county court
A1
Establishment of a single county court
(1)
There is to be a court in England and Wales, called the county court, for
the purpose of exercising the jurisdiction and powers conferred on it—
(a)
by or under this or any other Act, or
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(b)
by or under any Act, or Measure, of the National Assembly for
Wales.
(2)
The county court is to be a court of record and have a seal.”
(2)
Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

Crime and Courts Bill [HL]
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(3)
In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—
“Part 4A
The family court
31A
Establishment of the family court
(1)
There is to be a court in England and Wales, called the family court, for
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the purpose of exercising the jurisdiction and powers conferred on it—
(a)
by or under this or any other Act, or
(b)
by or under any Act, or Measure, of the National Assembly for
Wales.
(2)
The family court is to be a court of record and have a seal.”
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(4)
Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is
repealed, as are the following related provisions of that Act: Part 2 of each of
Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).
(5)
Schedule 9 (amendments in connection with the county court replacing the
existing county courts) has effect.
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(6)
Schedules 10 and 11 (amendments in connection with the establishment of the
family court) have effect.
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Youth courts to have jurisdiction to grant gang-related injunctions
(1)
Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related
violence) is amended as follows.
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(2)
In section 49(1) (interpretation of Part 4) for the definition of “court”
substitute—
““court” (except in Schedule 5A)—
(a)
in the case of a respondent aged under 18, means a
youth court, and
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(b)
in any other case, means the High Court or the county
court,
but this is subject to any provision in rules of court that is or
could be made under section 48(4);”.
(3)
In section 43(7) (judge before whom person arrested on suspicion of breaching
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injunction under Part 4 is to be brought) for the words from “means” to the end
substitute “means a judge of the court that granted the injunction, except that
where—
(a)
the respondent is aged 18 or over, but
(b)
the injunction was granted by a youth court,
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it means a judge of the county court.”
(4)
In section 48 (rules of court in relation to injunctions under Part 4) after
subsection (3) insert—
“(4)
In relation to a respondent attaining the age of 18 after the
commencement of proceedings under this Part, rules of court may—
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(a)
provide for the transfer of the proceedings from a youth court
to the High Court or the county court;

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
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(b)
prescribe circumstances in which the proceedings may or must
remain in a youth court.”
(5)
Schedule 12 (which makes consequential and related amendments in the
Policing and Crime Act 2009) has effect.
(6)
Nothing in any provision of this section or of that Schedule affects proceedings
5
in relation to applications made before the coming into force of that provision.
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Judicial appointments
Schedule 13 has effect. In that Schedule—
Part 1 provides for there to be no more than the equivalent of 12 full-time
judges of the Supreme Court, rather than exactly 12 judges, and makes
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provision about their selection,
Part 2 contains provisions to facilitate greater diversity among judges,
Part 3 amends provisions about membership of the Judicial
Appointments Commission,
Part 4—
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(a)
makes provision about selection for certain judicial
appointments, and
(b)
provides for the transfer, from the Lord Chancellor to the Lord
Chief Justice or the Senior President of Tribunals, of functions in
connection with selection for and appointment to judicial
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offices,
Part 5 makes provision for the exercise of certain functions where the
Master of the Rolls, the President of the Queen’s Bench Division, the
President of the Family Division or the Chancellor of the High Court is
incapable of exercising the functions or one of those offices is vacant,
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and
Part 6 abolishes the office of assistant Recorder.
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Deployment of the judiciary
(1)
The Lord Chief Justice’s deployment responsibility includes (so far as it would
not otherwise do so, and subject to having regard to the responsibilities of the
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Senior President of Tribunals) responsibility for the maintenance of
appropriate arrangements for—
(a)
the deployment to tribunals of judiciary deployable to tribunals, and
(b)
the deployment to courts in England and Wales of judiciary deployable
to such courts.
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(2)
In subsection (1) “the Lord Chief Justice’s deployment responsibility” means
the responsibility that the Lord Chief Justice of England and Wales, as
President of the Courts of England and Wales, has under section 7(2)(c) of the
Constitutional Reform Act 2005 for the maintenance of appropriate
arrangements for the deployment of the judiciary of England and Wales.
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(3)
Each of the following is a tribunal for the purposes of subsection (1)(a)—
the Upper Tribunal,
the First-tier Tribunal,
the Employment Appeal Tribunal, and
an employment tribunal in England and Wales.
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(4)
Schedule 14 (which makes provision for deployment of judiciary to courts and
tribunals, and updates references to chairmen of employment tribunals
following their being renamed as Employment Judges) has effect.
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Transfer of immigration or nationality judicial review applications
(1)
In section 31A of the Senior Courts Act 1981 (transfer from the High Court to
5
the Upper Tribunal)—
(a)
in subsection (2), for “, 3 and 4” substitute “and 3”,
(b)
omit subsection (2A),
(c)
in subsection (3), for “, 2 and 4” substitute “and 2”, and
(d)
omit subsections (7) and (8).
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(2)
In section 20 of the Tribunals, Courts and Enforcement Act 2007 (transfer from
the Court of Session to the Upper Tribunal)—
(a)
in subsection (1)—
(i)
in paragraph (a), for “, 2 and 4 are met” substitute “and 2 are
met, and”,
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(ii)
omit paragraph (aa) (including the “and” following it), and
(iii)
in paragraph (b), for “, 3 and 4” substitute “and 3”, and
(b)
omit subsections (5) and (5A).
(3)
In section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the
High Court to the Upper Tribunal)—
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(a)
in subsection (2), for “, 3 and 4” substitute “and 3”,
(b)
omit subsection (2A),
(c)
in subsection (3), for “, 2 and 4” substitute “and 2”, and
(d)
omit subsections (7) and (8).
(4)
In consequence of the amendments made by subsections (1) to (3), section 53 of
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the Borders, Citizenship and Immigration Act 2009 is repealed.
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Permission to appeal from Upper Tribunal to Court of Session
In section 13 of the Tribunals, Courts and Enforcement Act 2007 (right to
appeal from Upper Tribunal) after subsection (6) insert—
“(6A)
Rules of court may make provision for permission not to be granted on
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an application under subsection (4) to the Court of Session that falls
within subsection (7) unless the court considers—
(a)
that the proposed appeal would raise some important point of
principle, or
(b)
that there is some other compelling reason for the court to hear
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the appeal.”
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Appeals relating to regulation of the Bar
(1)
Section 44 of the Senior Courts Act 1981 (extraordinary functions of High Court
judges) ceases to have the effect of conferring jurisdiction on judges of the High
Court sitting as Visitors to the Inns of Court.
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(2)
The General Council of the Bar, an Inn of Court, or two or more Inns of Court
acting collectively in any manner, may confer a right of appeal to the High
Court in respect of a matter relating to—

Crime and Courts Bill [HL]
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(a)
regulation of barristers,
(b)
regulation of other persons regulated by the person conferring the
right,
(c)
qualifications or training of barristers or persons wishing to become
barristers, or
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(d)
admission to an Inn of Court or call to the Bar.
(3)
An Inn of Court may confer a right of appeal to the High Court in respect of—
(a)
a dispute between the Inn and a member of the Inn, or
(b)
a dispute between members of the Inn;

and in this subsection any reference to a member of an Inn includes a reference
10
to a person wishing to become a member of that Inn.
(4)
A decision of the High Court on an appeal under this section is final.
(5)
Subsection (4) does not apply to a decision disbarring a person.
(6)
The High Court may make such order as it thinks fit on an appeal under this
section.
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(7)
A right conferred under subsection (2) or (3) may be removed by the person
who conferred it; and a right conferred under subsection (2) by two or more
Inns of Court acting collectively may, so far as relating to any one of the Inns
concerned, be removed by that Inn.
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Payment of fines and other sums
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(1)
In the Magistrates’ Courts Act 1980 after section 75 insert—
“75A
Costs of collecting sums adjudged to be paid by a conviction
(1)
Where a sum is adjudged to be paid by a conviction, the person liable
to pay the sum is also liable to pay amounts in respect of costs of doing
things for the purpose of collecting sums of that kind.
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(2)
Where the person is charged such an amount, the sum adjudged to be
paid is treated as increased by that amount.
(3)
No such amount may be charged unless a collection order or other
notice of the person’s liability to pay such amounts has been served on
the person.
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(4)
Where time has been allowed for payment of the sum, no such amount
may be charged before the end of that time.
(5)
Where payment is to be by instalments, no such amount may be
charged—
(a)
before the first occasion on which there is default in the
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payment of an instalment, or
(b)
at any other time when the instalments are up to date.
(6)
No such amount may be charged in respect of costs that may be
recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts
and Enforcement Act 2007 (costs related to taking control of goods and
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selling them).
(7)
This section applies in relation to a sum even if a collection order is in
force in relation to the sum.”

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(2)
In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person
provided under a contract, who is so designated by the Lord Chancellor)
insert—
“36A
All functions of fines officers may be contracted-out
A function given by or under an enactment to a fines officer as such is
5
to be taken for the purposes of section 2(5) (ban on contracting-out of
judicial functions) as not involving the making of judicial decisions and
as not involving the exercise of any judicial discretion.”
(3)
In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1)
(contents of collection orders) after paragraph (c) insert—
10
“(ca)
explain how the sum due may be increased by amounts in
respect of costs of doing things for the purpose of collecting
sums of that kind,”.
(4)
In section 85 of the Magistrates’ Courts Act 1980 (power to remit fines) after
subsection (4) (power does not extend to other sums) insert—
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“(5)
Despite subsection (4) above, references in subsections (1) to (3) above
to a fine do include an amount that a person has been charged in respect
of costs mentioned in section 75A(1) above if the person is liable under
section 75A(1) above to pay the amount as a result of being liable to pay
a fine as defined by subsection (4) above.”
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(5)
In section 139(c) of that Act (disposal of balance of receipts on account of sum
adjudged to be paid) after “balance” insert “in accordance with any directions
under section 139A and, subject to that, in payment”.
(6)
In that Act after section 139 insert—
“139A
Disposal of amounts received in respect of collection costs
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(1)
The Secretary of State may give directions requiring that money
received on account of an amount charged as mentioned in section 75A
is to be paid to the person who charged the amount.
(2)
For the purposes of this section, money is received on account of an
amount charged as mentioned in section 75A if—
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(a)
the money is received on account of a sum whose amount has
been increased under that section,
(b)
the total received on account of the sum is more than the figure
the sum would be if increases under that section are excluded,
and
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(c)
the money is—
(i)
the balance after deducting that figure from the total
received, or
(ii)
if less, so much of that balance as equals the amount
charged.
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(3)
Directions under this section—
(a)
may be general or apply only in cases specified in them;
(b)
may make different provision for different purposes;
(c)
may be revoked by directions given by the Secretary of State.”
(7)
In section 24(2) of the Criminal Justice Act 1991 (regulations about applications
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by courts for benefit deductions) after paragraph (b) insert—
“(ba)
provision, including provision for deductions, in connection
with the fine or compensation to which an application relates
being treated as increased under section 75A of the 1980 Act or
paragraph 42A of Schedule 5 to the Courts Act 2003;”.
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(8)
In section 56(3) of the Education and Skills Act 2008 (normal enforcement
provisions do not apply to a non-participation fine once offender reaches 18)
after “to be concluded” insert “or to preserve existing increases under section
75A of the Magistrates’ Courts Act 1980 (collection costs) or paragraph 42A of
Schedule 5 to the Courts Act 2003”.
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Disclosure of information to facilitate collection of fines and other sums
(1)
Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is
amended as follows.
(2)
Paragraphs 9A to 10 (disclosure of information by Secretary of State to court
officer to help court decide whether to apply for benefit deductions etc)
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become Part 3A of the Schedule.
(3)
Accordingly, after paragraph 9 insert—
“Part 3A
Disclosure of information, and meaning of “relevant benefit” etc”.
(4)
In the heading before paragraph 9A, after “Disclosure of information in
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connection with” insert “making of attachment of earnings order or”.
(5)
For paragraph 9A (power of Secretary of State to disclose information to help
court decide whether to apply for benefit deductions) substitute—
“9A   (1)
The Secretary of State or a Northern Ireland department, or a person
providing services to the Secretary of State or a Northern Ireland
25
department, may disclose social security information to a relevant
person.
     (1A)
Her Majesty’s Revenue and Customs, or a person providing services
to the Commissioners for Her Majesty’s Revenue and Customs, may
disclose finances information to a relevant person.
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     (1B)
The disclosure authorised by sub-paragraph (1) or (1A) is disclosure
of the information concerned for the purpose of facilitating the
making, by the relevant court or a fines officer, of any of the
following—
(a)
a decision as to whether to make an attachment of earnings
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order in respect of P,
(b)
a decision as to whether to make an application for benefit
deductions in respect of P, and
(c)
such an order or application.
      (2)
In this paragraph—
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“finances information” means information which—
(a)
is about a person’s income, gains or capital, and
(b)
is held—