|
| |
| |
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 | 5 |
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. | |
(4) A judge of the Appeal Court may, on an application to him under | 10 |
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— | 15 |
(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 | |
them, | 20 |
(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 | 25 |
date on which this section comes into force, and | |
(b) appeals in relation to which leave to appeal is granted on or after that | |
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 | 30 |
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— | 35 |
“(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 | |
decision.” | |
| |
| |
|
| |
| |
Fees and costs | |
92 Fees | |
(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, | 5 |
(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; | 10 |
(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 | |
be denied. | |
(4) The Lord Chancellor may not under this section prescribe fees which he or | 15 |
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; | 20 |
(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. | 25 |
(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 | 30 |
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. | 35 |
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 | 40 |
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 | 5 |
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 | 10 |
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; | 15 |
(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 | |
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 | 20 |
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 | 25 |
(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) | |
insert— | |
“(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 | 30 |
Appeal under— | |
(a) section 43(1) or (2) (appeals against orders made in restraint | |
proceedings), or | |
(b) section 65 (appeals against, or relating to, the making of | |
receivership orders), | 35 |
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 | 40 |
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, | 45 |
| |
| |
|
| |
| |
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 | 5 |
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 | 10 |
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 | |
2003. | 15 |
(4) In section 91 (Crown Court Rules) after “Crown Court Rules” insert “or (as the | |
case may be) Criminal Appeal Rules”. | |
Fines | |
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 | 20 |
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 | 25 |
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— | 30 |
“(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),”. | 35 |
(5) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 | |
(c. 6). | |
96 Recovery of fines etc. by deductions from income support: failure to provide | |
information | |
(1) Amend section 24 of the Criminal Justice Act 1991 (power to make regulations | 40 |
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 | 5 |
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 | |
particular, | 10 |
(b) recklessly provides a statement which is false in a material | |
particular, or | |
(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 | 15 |
scale.” | |
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 | |
work. | 20 |
(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). | 25 |
(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 | 30 |
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 | |
(b) indefinitely. | 35 |
(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 | 40 |
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 | |
schemes). | |
Register of judgments etc. and execution of writs | 5 |
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 | 10 |
Act 1984 (c. 28) (power of county courts to make administration | |
orders); | |
(d) orders restricting enforcement made under section 112A of that Act | |
(power of county courts to restrict enforcement of debts in lieu of | |
administration order); | 15 |
(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— | 20 |
(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 | 25 |
cancelled; | |
(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— | 30 |
(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 | 35 |
Consolidated Fund. | |
(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— | 40 |
(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 | 45 |
| |
| |
|
| |
| |
(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. | 5 |
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. | |
Damages | 10 |
100 Periodical payments | |
(1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent) | |
substitute— | |
“2 Periodical payments | |
(1) A court awarding damages for future pecuniary loss in respect of | 15 |
personal injury— | |
(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 | 20 |
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 | 25 |
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 | 30 |
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 | 35 |
continuity of payment is reasonably secure by virtue of | |
subsection (4); | |
(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); | 40 |
(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); | |
| |
| |
|
