Deregulation Bill (HL Bill 58)

In section 15A of the Social Security Act 1998 (functions of Senior President of
Tribunals), omit subsections (2) and (3) (which require the preparation and
5publication of an annual report on standards of decision-making in the making
of certain decisions of the Secretary of State against which an appeal lies to the
First-tier Tribunal).

66 Criminal procedure: written witness statements

(1) Section 9 of the Criminal Justice Act 1967 (proof by written statement) is
10amended as follows.

(2) In subsection (2)(d) (objections to the tendering of written statements), for
“within seven days from the service of the copy of the statement” substitute
“within the relevant period”.

(3) After subsection (2) insert—

“(2A) 15For the purposes of subsection (2)(d), “the relevant period” is—

(a) such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) if no such number is prescribed, seven days from the service of
20the copy of the statement.

(2A)(a)such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) if no such number is prescribed, seven days from the service of
25the copy of the statement.”

(4) Omit the following—

(a) subsections (3) and (3A) (which make provision about the content of
written statements etc);

(b) subsection (6) (which provides for written statements to be read aloud
30unless the court otherwise directs);

(c) subsection (8) (which deals with the service of documents).

(5) In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the
Wireless Telegraphy Act 2006 is amended as follows—

(a) after sub-paragraph (2) insert—

“(2A) 35The statement is to be treated as properly served for the
purposes of section 9 of the Criminal Justice Act 1967 (proof
by written statement), even though the manner of service is
not authorised by Criminal Procedure Rules.”;

(b) in sub-paragraph (3)—

(i) 40omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “either of those sections” substitute
“that section”;

(c) after sub-paragraph (5) insert—

“(5A) If the alleged offender makes a request to be tried, section
459(2A) of the Criminal Justice Act 1967 (time for objection) is
to apply—

(a) with the substitution for the reference in paragraph
(a) to such number of days, which may not be less
than seven, from the service of the copy of the

statement of a reference to such number of days,
which may not be less than seven, beginning with the
day after the one on which the request to be tried was
made, and

(b) 5with the substitution for the reference in paragraph
(b) to seven days from the service of the copy of the
statement of a reference to seven days beginning with
the day after the one on which the request to be tried
was made.”;

(d) 10in sub-paragraph (6)—

(i) omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “are to apply” substitute “is to apply”.

(6) In consequence of subsection (4)—

(a) in the Magistrates’ Courts Act 1980, in section 12(3)(b)(ii), for
15“subsections (2)(a) and (b) and (3)” substitute “subsection (2)(a) and
(b)”;

(b) in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection
(8) of that section” substitute “Criminal Procedure Rules”;

(c) in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit
20paragraph 6(1);

(d) in the Criminal Procedure and Investigations Act 1996, omit section 69.

67 Criminal procedure: written guilty pleas

(1) Section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused:
plea of guilty) is amended as follows.

(2) 25In subsection (7), after “shall” insert “, subject to rules of court made under
subsection (7ZA),”.

(3) After subsection (7) insert—

“(7ZA) Rules of court may—

(a) specify which of paragraphs (a) to (d) of subsection (7) (if any)
30are to apply;

(b) provide that any such paragraph is to apply only in
circumstances specified in the rules.

(7ZB) Where rules of court are made under subsection (7ZA), subsection (7)
applies only to the extent provided for by the rules.”

68 35Criminal procedure: powers to make Criminal Procedure Rules

(1) In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section
2 (procedure for indictment of offenders)—

(a) in subsection (6), for “Rules” substitute “Criminal Procedure Rules”;

(b) omit subsection (6A).

(2) 40In that section, in subsection (2), in paragraph (i) of the proviso, for “section
57D(1)” substitute “section 51D(1)”.

(3) In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders
and issue of warrants in respect of excluded or special procedure material)—