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53 Powers to exclude, remove or restrain persons | |
(1) A court security officer acting in the execution of his duty may exclude or | |
remove from a court building, or a part of a court building, any person who | |
refuses— | |
(a) to permit a search under section 52(1), or | 5 |
(b) to surrender an article in his possession when asked do so under | |
section 54(1). | |
(2) A court security officer acting in the execution of his duty may— | |
(a) restrain any person who is in a court building, or | |
(b) exclude or remove any person from a court building, or a part of a court | 10 |
building, | |
if it is reasonably necessary to do so for one of the purposes given in subsection | |
(3). | |
(3) The purposes are— | |
(a) enabling court business to be carried on without interference or delay; | 15 |
(b) maintaining order; | |
(c) securing the safety of any person in the court building. | |
(4) A court security officer acting in the execution of his duty may remove any | |
person from a courtroom at the request of a judge or a justice of the peace. | |
(5) The powers conferred by subsections (1), (2) and (4) include power to use | 20 |
reasonable force, where necessary. | |
54 Surrender and seizure of articles | |
(1) If a court security officer acting in the execution of his duty reasonably believes | |
that an article in the possession of a person who is in, or seeking to enter, a | |
court building ought to be surrendered on any of the grounds given in | 25 |
subsection (3), he must ask the person to surrender the article. | |
(2) If the person refuses to surrender the article, the officer may seize it. | |
(3) The grounds are that the article— | |
(a) may jeopardise the maintenance of order in the court building (or a part | |
of it), | 30 |
(b) may put the safety of any person in the court building at risk, or | |
(c) may be evidence of, or in relation to, an offence. | |
55 Powers to retain articles surrendered or seized | |
(1) Subject to subsection (2), a court security officer may retain an article which | |
was— | 35 |
(a) surrendered in response to a request under section 54(1), or | |
(b) seized under section 54(2), | |
until the time when the person who surrendered it, or from whom it was | |
seized, is leaving the court building. | |
(2) If a court security officer reasonably believes that the article may be evidence | 40 |
of, or in relation to, an offence, he may retain it until— | |
(a) the time when the person who surrendered it, or from whom it was | |
seized, is leaving the court building, or | |
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(b) the end of the permitted period, | |
whichever is later. | |
(3) “The permitted period” means such period, not exceeding 24 hours from the | |
time the article was surrendered or seized, as will enable the court security | |
officer to draw the article to the attention of a constable. | 5 |
56 Regulations about retention of articles | |
(1) The Lord Chancellor may by regulations make provision as to— | |
(a) the provision to persons— | |
(i) by whom articles have been surrendered in response to a | |
request under section 54(1), or | 10 |
(ii) from whom articles have been seized under section 54(2), | |
of written information about the powers of retention of court security | |
officers, | |
(b) the keeping of records about articles which have been so surrendered | |
or seized, | 15 |
(c) the period for which unclaimed articles have to be kept, and | |
(d) the disposal of unclaimed articles at the end of that period. | |
(2) “Unclaimed article” means an article— | |
(a) which has been retained under section 55, | |
(b) which a person is entitled to have returned to him, | 20 |
(c) which has not been returned, and | |
(d) whose return has not been requested by a person entitled to it. | |
57 Assaulting and obstructing court security officers | |
(1) Any person who assaults a court security officer acting in the execution of his | |
duty commits an offence. | 25 |
(2) A person guilty of an offence under subsection (1) is liable on summary | |
conviction to— | |
(a) a fine not exceeding level 5 on the standard scale, or | |
(b) imprisonment for a term not exceeding 6 months, | |
or to both. | 30 |
(3) A person who resists or wilfully obstructs a court security officer acting in the | |
execution of his duty commits an offence. | |
(4) A person guilty of an offence under subsection (3) is liable on summary | |
conviction to a fine not exceeding level 3 on the standard scale. | |
Part 5 | 35 |
Inspectors of court administration | |
58 Inspectors of court administration etc. | |
(1) The Lord Chancellor may appoint such number of inspectors of court | |
administration as he considers appropriate. | |
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(2) They are to be known collectively as “Her Majesty’s Inspectorate of Court | |
Administration”. | |
(3) The Lord Chancellor must appoint one of the persons so appointed to be Her | |
Majesty’s Chief Inspector of Court Administration. | |
(4) In this Part that person is referred to as “the Chief Inspector”. | 5 |
(5) The Lord Chancellor may make to or in respect of inspectors of court | |
administration such payments by way of remuneration, allowances or | |
otherwise as he may determine. | |
(6) In this Act— | |
(a) “CAFCASS” means the Children and Family Court Advisory and | 10 |
Support Service, and | |
(b) “CAFCASS functions” means the functions of CAFCASS and its | |
officers. | |
59 Functions of inspectors | |
(1) It is the duty of inspectors of court administration to— | 15 |
(a) inspect and report to the Lord Chancellor on the system that supports | |
the carrying on of the business of the courts listed in subsection (2) and | |
the services provided for those courts; | |
(b) inspect and report to the Lord Chancellor on the performance of | |
CAFCASS functions; | 20 |
(c) discharge any other particular functions which may be specified in | |
connection with— | |
(i) the courts listed in subsection (2), or | |
(ii) CAFCASS functions or related functions of any other person. | |
(2) The courts are— | 25 |
(a) the Crown Court, | |
(b) county courts, and | |
(c) magistrates’ courts. | |
(3) The Lord Chancellor may by order— | |
(a) add to the list in subsection (2) any court having jurisdiction in the | 30 |
United Kingdom, other than one having jurisdiction only in relation to | |
Scotland or Northern Ireland, and | |
(b) remove any court from the list. | |
(4) “Specified” means specified in a direction given by the Lord Chancellor; but | |
before giving any such direction the Lord Chancellor must consult the Chief | 35 |
Inspector. | |
(5) Nothing in this section is to be read as enabling inspectors to inspect persons— | |
(a) making judicial decisions, or | |
(b) exercising any judicial discretion. | |
60 Functions of Chief Inspector | 40 |
(1) The Chief Inspector must make an annual report to the Lord Chancellor as to | |
the discharge of the functions of Her Majesty’s Inspectorate of Court | |
Administration. | |
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(2) The Lord Chancellor may give directions as to— | |
(a) the information to be included in the report, | |
(b) the form of the report, and | |
(c) the time by which the report is to be made. | |
(3) The Lord Chancellor must, within one month of receiving the annual report, | 5 |
lay a copy of it before both Houses of Parliament. | |
(4) The Chief Inspector must report to the Lord Chancellor on any matter which | |
the Lord Chancellor refers to him and which is connected with— | |
(a) the courts listed in section 59(2), or | |
(b) CAFCASS functions or related functions of any other person. | 10 |
(5) The Chief Inspector may designate an inspector of court administration to | |
discharge his functions during any period when he is absent or unable to act. | |
61 Rights of entry and inspection | |
(1) An inspector exercising functions under section 59 may enter— | |
(a) any place of work occupied by persons provided under a contract made | 15 |
by the Lord Chancellor by virtue of section 2(4); | |
(b) any premises occupied by CAFCASS. | |
(2) An inspector exercising functions under section 59 may inspect and take copies | |
of — | |
(a) any records kept by persons provided under a contract made by the | 20 |
Lord Chancellor by virtue of section 2(4), or | |
(b) any records kept by CAFCASS or other documents containing | |
information relating to the performance of CAFCASS functions, | |
which he considers relevant to the discharge of his functions. | |
(3) Subsection (1) does not entitle an inspector— | 25 |
(a) to be present when a court listed in section 59(2) is hearing proceedings | |
in private, or | |
(b) to attend any private deliberations of persons having jurisdiction to | |
hear or determine any proceedings. | |
(4) The records referred to in subsection (2) include records kept by means of a | 30 |
computer. | |
(5) An inspector exercising the power under subsection (2) to inspect records— | |
(a) is entitled to have access to, and inspect and check the operation of, any | |
computer and associated apparatus or material which is or has been in | |
use in connection with the records in question, and | 35 |
(b) may require— | |
(i) the person by whom or on whose behalf the computer is or has | |
been used, or | |
(ii) any person having charge of, or otherwise concerned with the | |
operation of, the computer, apparatus or material, | 40 |
to afford him such reasonable assistance as he may require. | |
(6) The powers conferred by subsections (1), (2) and (5) may be exercised at | |
reasonable times only. | |
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Part 6 | |
Judges | |
Offices, titles, styles etc. | |
62 Head and Deputy Head of Civil Justice | |
(1) The Lord Chancellor must appoint a person to be Head of Civil Justice and may | 5 |
appoint a person to be Deputy Head of Civil Justice. | |
(2) No person may be appointed under subsection (1) unless he is— | |
(a) the Master of the Rolls, | |
(b) the Vice-Chancellor, or | |
(c) an ordinary judge of the Court of Appeal. | 10 |
(3) A person appointed as Head of Civil Justice or Deputy Head of Civil Justice | |
holds that office in accordance with the terms of his appointment. | |
63 Ordinary judges of the Court of Appeal | |
(1) In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) | |
substitute— | 15 |
“(3) An ordinary judge of the Court of Appeal (including the vice-president, | |
if any, of either division) shall be styled “Lord Justice of Appeal” or | |
“Lady Justice of Appeal”.” | |
(2) “The 1981 Act” means the Supreme Court Act 1981 (c. 54). | |
64 Power to alter judicial titles | 20 |
(1) The Lord Chancellor may by order— | |
(a) alter the name of an office listed in subsection (2); | |
(b) provide for or alter the way in which the holders of any of those offices | |
are to be styled. | |
(2) The offices are— | 25 |
Admiralty Registrar | |
Assistant Recorder | |
Circuit judge | |
Deputy Circuit judge | |
Deputy district judge appointed under section 102 of the 1981 Act | 30 |
Deputy district judge for a county court district | |
Deputy judge of the High Court | |
District judge for a county court district | |
District judge of the High Court | |
District judge of the principal registry of the Family Division | 35 |
District probate registrar | |
Lord Chief Justice | |
Master of the Chancery Division | |
Master of the Court of Protection | |
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Master of the Queen’s Bench Division | |
Master of the Rolls | |
Ordinary judge of the Court of Appeal | |
President of the Family Division | |
Presiding Judge for a Circuit | 5 |
Puisne judge of the High Court | |
Queen’s Coroner and Attorney and Master of the Crown Office and | |
Registrar of Criminal Appeals | |
Recorder | |
Registrar in Bankruptcy of the High Court | 10 |
Senior Presiding Judge for England and Wales | |
Taxing Master of the Supreme Court | |
Vice-Chancellor | |
Vice-president of the Court of Appeal | |
Vice-president of the Queen’s Bench Division. | 15 |
(3) The Lord Chancellor may also by order provide for or alter the way in which | |
deputies or temporary additional officers appointed under section 91(1)(a) of | |
the 1981 Act are to be styled. | |
(4) Before making an order under this section the Lord Chancellor must consult— | |
(a) the Lord Chief Justice, | 20 |
(b) the Master of the Rolls, | |
(c) the President of the Family Division, and | |
(d) the Vice-Chancellor. | |
(5) An order under this section may make such provision as the Lord Chancellor | |
considers necessary in consequence of any provision made under subsection | 25 |
(1) or (3). | |
(6) The provision that may be made under subsection (5) includes provision | |
amending, repealing or revoking any enactment. | |
Flexibility in deployment of judicial resources | |
65 District Judges (Magistrates’ Courts) as Crown Court judges etc. | 30 |
(1) In section 8(1) of the 1981 Act (persons who are judges of the Crown Court), in | |
paragraph (b) for “or Recorder” substitute “, Recorder or District Judge | |
(Magistrates’ Courts)”. | |
(2) Schedule 4 contains amendments conferring functions on District Judges | |
(Magistrates’ Courts). | 35 |
(3) References in any enactment, instrument or other document to a district judge | |
or deputy district judge do not include— | |
(a) a District Judge (Magistrates’ Courts), or | |
(b) a Deputy District Judge (Magistrates’ Courts). | |
66 Judges having powers of District Judges (Magistrates’ Courts) | 40 |
(1) Every holder of a judicial office specified in subsection (2) has the powers of a | |
justice of the peace who is a District Judge (Magistrates’ Courts) in relation to— | |
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(a) criminal causes and matters, and | |
(b) family proceedings as defined by section 65 of the 1980 Act. | |
(2) The offices are— | |
(a) judge of the High Court; | |
(b) deputy judge of the High Court; | 5 |
(c) Circuit judge; | |
(d) deputy Circuit judge; | |
(e) recorder. | |
(3) For the purposes of section 45 of the 1933 Act, every holder of a judicial office | |
specified in subsection (2) is qualified to sit as a member of a youth court. | 10 |
(4) For the purposes of section 67 of the 1980 Act— | |
(a) a judge of the High Court or a deputy judge of the High Court is | |
qualified to sit as a member of a family proceedings court to hear family | |
proceedings of any description, and | |
(b) a Circuit judge, deputy Circuit judge or recorder is qualified to sit as a | 15 |
member of a family proceedings court to hear family proceedings of | |
any description if he has been nominated to do so by the President of | |
the Family Division. | |
67 Removal of restriction on Circuit judges sitting on certain appeals | |
Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases | 20 |
to have effect. | |
Part 7 | |
Procedure rules and practice directions | |
Criminal Procedure Rules and practice directions | |
68 Meaning of “criminal court” | 25 |
In this Part “criminal court” means— | |
(a) the criminal division of the Court of Appeal; | |
(b) when dealing with any criminal cause or matter— | |
(i) the Crown Court; | |
(ii) a magistrates’ court. | 30 |
69 Criminal Procedure Rules | |
(1) There are to be rules of court (to be called “Criminal Procedure Rules”) | |
governing the practice and procedure to be followed in the criminal courts. | |
(2) Criminal Procedure Rules are to be made by a committee known as the | |
Criminal Procedure Rule Committee. | 35 |
(3) The power to make Criminal Procedure Rules includes power to make | |
different provision for different cases or different areas, including different | |
provision— | |
(a) for a specified court or description of courts, or | |
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