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84 Power to change certain requirements relating to Committee | |
After section 2 of the 1997 Act insert— | |
“2A Power to change certain requirements relating to Committee | |
(1) The Lord Chancellor may by order— | |
(a) amend section 2(2) (persons to be appointed to Committee by | 5 |
Lord Chancellor), and | |
(b) make consequential amendments in any other provision of | |
section 2. | |
(2) Before making an order under this section the Lord Chancellor must | |
consult— | 10 |
(a) the Head of Civil Justice, | |
(b) the Deputy Head of Civil Justice (if there is one), and | |
(c) the Master of the Rolls (unless he holds an office mentioned in | |
paragraph (a) or (b)). | |
(3) The power to make an order under this section is exercisable by | 15 |
statutory instrument. | |
(4) A statutory instrument containing such an order is subject to | |
annulment in pursuance of a resolution of either House of Parliament.” | |
85 Process for making Civil Procedure Rules | |
(1) Omit section 2(6) to (8) of the 1997 Act (process for making Civil Procedure | 20 |
Rules). | |
(2) For section 3 of the 1997 Act (section 2: supplementary) substitute— | |
“3 Process for making Civil Procedure Rules | |
(1) The Civil Procedure Rule Committee must, before making Civil | |
Procedure Rules— | 25 |
(a) consult such persons as they consider appropriate, and | |
(b) meet (unless it is inexpedient to do so). | |
(2) Rules made by the Civil Procedure Rule Committee must be— | |
(a) signed by a majority of the members of the Committee, and | |
(b) submitted to the Lord Chancellor. | 30 |
(3) The Lord Chancellor may allow, disallow or alter rules so made. | |
(4) Before altering rules so made the Lord Chancellor must consult the | |
Committee. | |
(5) Rules so made, as allowed or altered by the Lord Chancellor— | |
(a) come into force on such day as the Lord Chancellor directs, and | 35 |
(b) are to be contained in a statutory instrument to which the | |
Statutory Instruments Act 1946 applies as if the instrument | |
contained rules made by a Minister of the Crown. | |
(6) Subject to subsection (7), a statutory instrument containing Civil | |
Procedure Rules is subject to annulment in pursuance of a resolution of | 40 |
either House of Parliament. | |
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(7) A statutory instrument containing rules altered by the Lord Chancellor | |
is of no effect unless approved by a resolution of each House of | |
Parliament before the day referred to in subsection (5)(a).” | |
Part 8 | |
Miscellaneous | 5 |
Provisions relating to criminal procedure and appeals | |
86 Alteration of place fixed for Crown Court trial | |
An application under section 76(3) of the 1981 Act (application for variation of | |
place fixed for Crown Court trial) is no longer required to be heard in open | |
court by a judge of the High Court; and accordingly section 76(4) of the 1981 | 10 |
Act ceases to have effect. | |
87 Appeals to Court of Appeal: procedural directions | |
(1) In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that | |
Act exercisable by single judge), in subsection (2), after paragraph (h) insert— | |
“(i) to make orders under section 23(1)(a).” | 15 |
(2) In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that | |
Act exercisable by registrar), in subsection (2), after paragraph (c) insert— | |
“(d) to make orders under section 23(1)(a).”, | |
and at the end of paragraph (b), omit “and”. | |
(3) After section 31A of the 1968 Act insert— | 20 |
“31B Procedural directions: powers of single judge and registrar | |
(1) The power of the Court of Appeal to determine an application for | |
procedural directions may be exercised by— | |
(a) a single judge, or | |
(b) the registrar. | 25 |
(2) “Procedural directions” means directions for the efficient and effective | |
preparation of— | |
(a) an application for leave to appeal, or | |
(b) an appeal, | |
to which this section applies. | 30 |
(3) A single judge may give such procedural directions as he thinks fit— | |
(a) when acting under subsection (1); | |
(b) on a reference from the registrar; | |
(c) of his own motion, when he is exercising, or considering | |
whether to exercise, any power of his in relation to the | 35 |
application or appeal. | |
(4) The registrar may give such procedural directions as he thinks fit— | |
(a) when acting under subsection (1); | |
(b) of his own motion. | |
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(5) This section applies to an appeal, and an application to the Court of | |
Appeal for leave to appeal, under— | |
(a) this Part, | |
(b) section 9 of the Criminal Justice Act 1987, or | |
(c) section 35 of the Criminal Procedure and Investigations Act | 5 |
1996. | |
31C Appeals against procedural directions | |
(1) Subsection (2) applies if a single judge gives, or refuses to give, | |
procedural directions. | |
(2) The Court of Appeal may, on an application to it under subsection (5)— | 10 |
(a) confirm, set aside or vary any procedural directions given by | |
the single judge, and | |
(b) give such procedural directions as it thinks fit. | |
(3) Subsection (4) applies if the registrar gives, or refuses to give, | |
procedural directions. | 15 |
(4) A single judge may, on an application to him under subsection (5)— | |
(a) confirm, set aside or vary any procedural directions given by | |
the registrar, and | |
(b) give such procedural directions as he thinks fit. | |
(5) An application under this subsection may be made by— | 20 |
(a) an appellant; | |
(b) a respondent, if the directions— | |
(i) relate to an application for leave to appeal and appear to | |
need the respondent’s assistance to give effect to them, | |
(ii) relate to an application for leave to appeal which is to be | 25 |
determined by the Court of Appeal, or | |
(iii) relate to an appeal. | |
(6) In this section— | |
“appellant” includes a person who has given notice of application | |
for leave to appeal under any of the provisions mentioned in | 30 |
section 31B(5); | |
“respondent” includes a person who will be a respondent if leave | |
to appeal is granted.” | |
(4) Sections 31B to 31C of the 1968 Act apply to— | |
(a) applications for leave to appeal falling to be determined on or after the | 35 |
date on which this section comes into force, and | |
(b) appeals in relation to which— | |
(i) a certificate under Part 1 of the 1968 Act that the case is fit for | |
appeal, or | |
(ii) leave to appeal, | 40 |
is granted on or after that date. | |
(5) “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19). | |
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88 Extension of time for criminal appeals to House of Lords | |
(1) Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications | |
for leave to appeal to House of Lords) as follows. | |
(2) In subsection (1)— | |
(a) for “fourteen” (in both places) substitute “28”, and | 5 |
(b) for “date of the decision of that court” substitute “relevant date”. | |
(3) After subsection (1) insert— | |
“(1A) In subsection (1), “the relevant date” means— | |
(a) the date of the decision of the court below, or | |
(b) if later, the date on which that court gives reasons for its | 10 |
decision.” | |
(4) Amend section 34 of the 1968 Act (applications for leave to appeal to the House | |
of Lords) as follows. | |
(5) In subsection (1)— | |
(a) for “fourteen” (in both places) substitute “28”, and | 15 |
(b) for “date of the decision of the Court” substitute “relevant date”. | |
(6) After subsection (1) insert— | |
“(1A) In subsection (1), “the relevant date” means— | |
(a) the date of the Court of Appeal’s decision, or | |
(b) if later, the date on which the Court gives reasons for its | 20 |
decision.” | |
89 Retirement age of Registrar of Criminal Appeals | |
(1) In section 92 of the 1981 Act (tenure of offices in Supreme Court)— | |
(a) in subsection (2) (offices with retirement age of 70, but with possibility | |
of extensions to not beyond 75), omit “except the office of Queen’s | 25 |
Coroner and Attorney and Master of the Crown Office and Registrar of | |
Criminal Appeals”, | |
(b) omit subsections (2D) and (2E) (retirement age of 62 for that office), and | |
(c) in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to | |
be held during good behaviour), for “to which subsection (1), (2A) or | 30 |
(2D) applies” substitute “listed in column 1 of Part 1 or 2 of Schedule 2”. | |
(2) In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) | |
(retirement), after the entry relating to a Deputy or temporary Master, Queen’s | |
Bench Division, insert— | |
“Queen’s Coroner and Attorney and Master of the Crown Office | 35 |
and Registrar of Criminal Appeals”. | |
90 Appeals to Courts-Martial Appeal Court: procedural directions | |
(1) In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the | |
Appeal Court under Part 2 of that Act exercisable by single judge), in | |
subsection (1), after paragraph (g) insert— | 40 |
“(h) to make orders under section 28(1)(a).”, | |
and at the end of paragraph (f), omit “and”. | |
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(2) In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act | |
exercisable by registrar), in subsection (1), at the end of paragraph (b) insert | |
“and— | |
(c) to make orders under section 28(1)(a).”, | |
and at the end of paragraph (a), omit “and”. | 5 |
(3) After section 36A of that Act insert— | |
“36B Procedural directions: powers of single judge and registrar | |
(1) The power of the Appeal Court to determine an application for | |
procedural directions may be exercised by— | |
(a) a judge of the Appeal Court, or | 10 |
(b) the registrar. | |
(2) “Procedural directions” means directions for the efficient and effective | |
preparation of— | |
(a) an application for leave to appeal, or | |
(b) an appeal, | 15 |
under this Part. | |
(3) A judge of the Appeal Court may give such procedural directions as he | |
thinks fit— | |
(a) when acting under subsection (1); | |
(b) on a reference from the registrar; | 20 |
(c) of his own motion, when he is exercising, or considering | |
whether to exercise, any power of his in relation to the | |
application or appeal. | |
(4) The registrar may give such procedural directions as he thinks fit— | |
(a) when acting under subsection (1); | 25 |
(b) of his own motion. | |
36C Appeals against procedural directions | |
(1) Subsection (2) applies if a judge of the Appeal Court gives, or refuses to | |
give, procedural directions. | |
(2) The Appeal Court may, on an application to it under subsection (5)— | 30 |
(a) confirm, set aside or vary any procedural directions given by | |
the judge, and | |
(b) give such procedural directions as it thinks fit. | |
(3) Subsection (4) applies if the registrar gives, or refuses to give, | |
procedural directions. | 35 |
(4) A judge of the Appeal Court may, on an application to him under | |
subsection (5)— | |
(a) confirm, set aside or vary any procedural directions given by | |
the registrar, and | |
(b) give such procedural directions as he thinks fit. | 40 |
(5) An application under this subsection may be made by— | |
(a) an appellant; | |
(b) the Defence Council, if the directions— | |
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(i) relate to an application for leave to appeal and appear to | |
need the Defence Council’s assistance to give effect to | |
them, | |
(ii) relate to an application for leave to appeal which is to be | |
determined by the Appeal Court, or | 5 |
(iii) relate to an appeal.” | |
(4) Sections 36B to 36C of that Act apply to— | |
(a) applications for leave to appeal falling to be determined on or after the | |
date on which this section comes into force, and | |
(b) appeals in relation to which leave to appeal is granted on or after that | 10 |
date. | |
91 Extension of time for appeals from Courts-Martial Appeal Court | |
(1) Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (applications | |
for leave to appeal to House of Lords) as follows. | |
(2) In subsection (1)— | 15 |
(a) for “fourteen” (in both places) substitute “28”, and | |
(b) for “date of the decision of the Court” substitute “relevant date”. | |
(3) After subsection (1) insert— | |
“(1A) In subsection (1), “the relevant date” means— | |
(a) the date of the Appeal Court’s decision, or | 20 |
(b) if later, the date on which the Court gives reasons for its | |
decision.” | |
Fees, costs and fines | |
92 Fees | |
(1) The Lord Chancellor may with the consent of the Treasury by order prescribe | 25 |
fees payable in respect of anything dealt with by— | |
(a) the Supreme Court, | |
(b) county courts, and | |
(c) magistrates’ courts. | |
(2) In prescribing fees payable under subsection (1), the Lord Chancellor shall | 30 |
have regard to the need to facilitate access to justice. | |
(3) An order under this section may, in particular, contain provision as to— | |
(a) scales or rates of fees; | |
(b) exemptions from or reductions in fees; | |
(c) remission of fees in whole or in part. | 35 |
(4) The Lord Chancellor may not under this section prescribe fees which he or | |
another authority has power to prescribe apart from this section. | |
(5) Before making an order under this section, the Lord Chancellor must consult— | |
(a) the Lord Chief Justice; | |
(b) the Master of the Rolls; | 40 |
(c) the President of the Family Division; | |
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(d) the Vice Chancellor; | |
(e) the Head of Civil Justice; | |
(f) the Deputy Head of Civil Justice (if there is one). | |
(6) Before making an order under this section in relation to civil proceedings, the | |
Lord Chancellor must consult the Civil Justice Council. | 5 |
(7) The Lord Chancellor must take such steps as are reasonably practicable to | |
bring information about fees to the attention of persons likely to have to pay | |
them. | |
(8) Fees payable under this section are recoverable summarily as a civil debt. | |
(9) Subsection (10) applies in relation to an authority which has power to prescribe | 10 |
fees payable in any of the courts referred to in subsection (1). | |
(10) Nothing in this section prevents the authority from applying to any extent | |
provisions contained in an order made under this section; and an instrument | |
made in exercise of the power is to be read (unless the contrary intention | |
appears) as applying those provisions as amended from time to time. | 15 |
(11) The Lord Chancellor may not under this section seek to recover judicial | |
salaries. | |
93 Award of costs against third parties | |
After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert— | |
“19B Provision for award of costs against third parties | 20 |
(1) The Lord Chancellor may by regulations make provision empowering | |
magistrates’ courts, the Crown Court and the Court of Appeal to make | |
a third party costs order if the condition in subsection (3) is satisfied. | |
(2) A “third party costs order” is an order as to the payment of costs | |
incurred by a party to criminal proceedings by a person who is not a | 25 |
party to those proceedings (“the third party”). | |
(3) The condition is that— | |
(a) there has been serious misconduct (whether or not constituting | |
a contempt of court) by the third party, and | |
(b) the court considers it appropriate, having regard to that | 30 |
misconduct, to make a third party costs order against him. | |
(4) Regulations made under this section may, in particular— | |
(a) specify types of misconduct in respect of which a third party | |
costs order may not be made; | |
(b) allow the making of a third party costs order at any time; | 35 |
(c) make provision for any other order as to costs which has been | |
made in respect of the proceedings to be varied on, or taken | |
account of in, the making of a third party costs order; | |
(d) make provision for account to be taken of any third party costs | |
order in the making of any other order as to costs in respect of | 40 |
the proceedings. | |
(5) Regulations made under this section in relation to magistrates’ courts | |
must provide that the third party may appeal to the Crown Court | |
against a third party costs order made by a magistrates’ court. | |
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