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)—
(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,
(4) A judge of the Appeal Court may, on an application to him under
(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—
(a) an appellant;
(b) the Defence Council, if the directions—
(i) relate to an application for leave to appeal and appear to
need the Defence Council’s assistance to give effect to
(ii) relate to an application for leave to appeal which is to be
determined by the Appeal Court, or
(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
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)—
(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
(b) if later, the date on which the Court gives reasons for its
Fees and costs
(1) The Lord Chancellor may with the consent of the Treasury by order prescribe
fees payable in respect of anything dealt with by—
(a) the Supreme Court,
(b) county courts, and
(c) magistrates’ courts.
(2) 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.
(3) When including any provision in an order under this section, the Lord
Chancellor must have regard to the principle that access to the courts must not
(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;
(c) the President of the Family Division;
(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.
(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
(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
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.
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
(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
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
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;
(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
(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.
(6) Regulations made under this section in relation to the Crown Court
must provide that the third party may appeal to the Court of Appeal
against a third party costs order made by the Crown Court.”
94 Award of costs in appeals under Proceeds of Crime Act 2002
(1) Amend the Proceeds of Crime Act 2002 (c. 29) as follows.
(2) In section 89 (procedure on appeal to the Court of Appeal), after subsection (3)
“(4) Subject to any rules made under section 91, the costs of and incidental
to all proceedings on an appeal to the criminal division of the Court of
(a) section 43(1) or (2) (appeals against orders made in restraint
(b) section 65 (appeals against, or relating to, the making of
are in the discretion of the court.
(5) Such rules may in particular make provision for regulating matters
relating to the costs of those proceedings, including prescribing scales
of costs to be paid to legal or other representatives.
(6) The court shall have full power to determine by whom and to what
extent the costs are to be paid.
(7) In any proceedings mentioned in subsection (4), the court may—
(a) disallow, or
(b) (as the case may be) order the legal or other representative
concerned to meet,
the whole of any wasted costs or such part of them as may be
determined in accordance with rules under section 91.
(8) In subsection (7) “wasted costs” means any costs incurred by a party—
(a) as a result of any improper, unreasonable or negligent act or
omission on the part of any legal or other representative or any
employee of such a representative, or
(b) which, in the light of any such act or omission occurring after
they were incurred, the court considers it is unreasonable to
expect that party to pay.
(9) “Legal or other representative”, in relation to a party to proceedings
means any person exercising a right of audience or right to conduct
litigation on his behalf.”
(3) Subsection (2) applies in relation to proceedings on appeals in respect of
offences committed or alleged to have been committed on or after 24th March
(4) In section 91 (Crown Court Rules) after “Crown Court Rules” insert “or (as the
case may be) Criminal Appeal Rules”.
95 Fixing of fines: failure to furnish statement of financial circumstances
(1) Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as
to financial circumstances) as follows.
(2) After subsection (1) insert—
“(1A) A person who is charged with an offence who fails to furnish a
statement of his financial circumstances in response to an official
request shall be liable on summary conviction to a fine not exceeding
level 2 on the standard scale.”
(3) In subsection (2)(b), after “may impose” insert “and how it should be paid”.
(4) In section 128(5) of the 2000 Act (fixing of fines: power of court to make
determination of financial circumstances where offender has failed to co-
operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—
“(zi) has failed to furnish a statement of his financial
circumstances in response to a request which is an
official request for the purposes of section 20A of the
Criminal Justice Act 1991 (offence of making false
statements as to financial circumstances),”.
(5) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000
96 Recovery of fines etc. by deductions from income support: failure to provide
(1) Amend section 24 of the Criminal Justice Act 1991 (power to make regulations
about recovery of fines etc. by deductions from income support) as follows.
(2) In subsection (2), after paragraph (a) insert—
“(aa) provision that the court may require the offender to provide
prescribed information in connection with an application;”.
(3) After subsection (2) insert—
“(2A) An offender who fails to provide information required by the court by
virtue of subsection (2)(aa) commits an offence.
(2B) An offender commits an offence if, in providing information required
by the court by virtue of that subsection, he—
(a) makes a statement which he knows to be false in a material
(b) recklessly provides a statement which is false in a material
(c) knowingly fails to disclose any material fact.
(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on
summary conviction to a fine not exceeding level 2 on the standard
97 Collection of fines and discharge of fines by unpaid work
(1) Schedule 5 contains provisions about the collection of fines.
(2) Schedule 6 contains provisions about the discharge of fines by means of unpaid
(3) Subsections (4) to (9) apply in relation to each of those Schedules.
(4) The Schedule is to have effect only in accordance with—
(a) subsections (5) and (6) (pilot schemes), or
(b) subsections (7) to (9) (power to make pilot schemes, or modified
versions of pilot schemes, permanent after completion of pilots).
(5) The Lord Chancellor may by order provide that the Schedule is to have effect
in relation to a local justice area, or particular local justice areas, for the period
specified in the order.
(6) An order under subsection (5) may make provision modifying the Schedule, or
any enactment in connection with the operation of the Schedule, in relation to
the specified local justice area or areas and the specified period.
(7) The Lord Chancellor may, at the end of the relevant period, by order provide
that the Schedule is to have effect—
(a) in all local justice areas, and
(8) “The relevant period” means—
(a) if one order has been made under subsection (5) in relation to the
Schedule, the period specified in the order;
(b) if more than one order has been made under subsection (5) in relation
to the Schedule, the period which, out of the periods so specified, ends
at the latest date.
(9) An order under subsection (7) may make such amendments of—
(a) the Schedule, and
(b) any other enactments,
as appear to the Lord Chancellor appropriate in the light of the operation of the
Schedule in accordance with the order made under subsection (5) (pilot
Register of judgments etc. and execution of writs
98 Register of judgments and orders etc.
(1) A register is to be kept, in accordance with regulations, of—
(a) judgments entered in the High Court;
(b) judgments entered in county courts;
(c) administration orders made under section 112 of the County Courts
Act 1984 (c. 28) (power of county courts to make administration
(d) orders restricting enforcement made under section 112A of that Act
(power of county courts to restrict enforcement of debts in lieu of
(e) sums which are, for the purposes of the 1980 Act, sums adjudged to be
paid by a conviction or order of a magistrates’ court.
(2) “Regulations” means regulations made by the Lord Chancellor for the
purposes of this section.
(3) The regulations may—
(a) provide for prescribed classes of judgments, orders or adjudged sums
to be exempt from registration;
(b) prescribe circumstances in which judgments, orders or adjudged sums
(or classes of them) are to be exempt from registration;
(c) prescribe circumstances in which an entry in the register is to be
(d) in the case of sums adjudged to be paid by conviction of a magistrates’
court, provide for sums to be registered only in prescribed
circumstances or subject to prescribed conditions.
(4) The Lord Chancellor may fix charges to be made for—
(a) making information in an entry in the register available for inspection;
(b) carrying out an official search of the register;
(c) supplying a certified copy of information in an entry in the register.
(5) The proceeds of those charges are to be applied in paying the expenses
incurred in maintaining the register; and any surplus is to be paid into the
(6) If there is in force an agreement between the Lord Chancellor and a body
corporate relating to the keeping by that body corporate of the register the
register is to be kept by that body corporate.
(7) If, under subsection (6), the register is kept by a body corporate—
(a) the Lord Chancellor may recover from the body corporate any
expenses incurred by the Lord Chancellor in connection with the
supply of information to that body for the purposes of the register,
(b) subsection (4) applies as if it enabled the Lord Chancellor to fix the
maximum charges to be made (instead of the charges to be made), and
(c) subsection (5) does not apply.
(8) If subsection (6) ceases to apply to a body corporate as a result of the
termination (for any reason) of the agreement, the Lord Chancellor may
require the information contained in the entries in the register to be transferred
to such person as he may direct.
99 High Court writs of execution
(1) Schedule 7 contains provisions about High Court writs of execution.
(2) Any rule of law requiring a writ of execution issued from the High Court to be
directed to a sheriff is abolished.
100 Periodical payments
(1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent)
“2 Periodical payments
(1) A court awarding damages for future pecuniary loss in respect of
(a) may order that the damages are wholly or partly to take the
form of periodical payments, and
(b) shall consider whether to make that order.
(2) A court awarding other damages in respect of personal injury may, if
the parties consent, order that the damages are wholly or partly to take
the form of periodical payments.
(3) A court may not make an order for periodical payments unless satisfied
that the continuity of payment under the order is reasonably secure.
(4) For the purpose of subsection (3) the continuity of payment under an
order is reasonably secure if—
(a) it is protected by a guarantee given under section 6 of or the
Schedule to this Act,
(b) it is protected by a scheme under section 213 of the Financial
Services and Markets Act 2000 (compensation) (whether or not
as modified by section 4 of this Act), or
(c) the source of payment is a government or health service body.
(5) An order for periodical payments may include provision—
(a) requiring the party responsible for the payments to use a
method (selected or to be selected by him) under which the
continuity of payment is reasonably secure by virtue of
(b) about how the payments are to be made, if not by a method
under which the continuity of payment is reasonably secure by
virtue of subsection (4);
(c) requiring the party responsible for the payments to take
specified action to secure continuity of payment, where
continuity is not reasonably secure by virtue of subsection (4);