Courts Bill [HL]

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House of Commons

Session 2002 - 03
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Other Bills before Parliament

Courts Bill [HL]

Courts Bill [HL]

[AS AMENDED IN STANDING COMMITTEE D]

Contents
Part 1
Maintaining the court system
The general duty
      1         The general duty
Court staff and accommodation
      2         Court officers, staff and services
      3         Provision of accommodation
Courts boards
      4         Establishment of courts boards
      5         Functions of courts boards
Abolition of magistrates’ courts committees
      6         Abolition of magistrates’ courts committees, etc.
Part 2
Justices of the peace
The commission of the peace and local justice areas
      7         The commission of the peace for England and Wales
      8         Local justice areas
Lay justices
      9         Meaning of “lay justice”
      10         Appointment of lay justices etc.
      11         Resignation and removal of lay justices
      12         The supplemental list
      13         Entry of names in the supplemental list

Bill 147 53/2

Courts Bill [HL]
ii

      14         Removal of names from the supplemental list
      15         Lay justices’ allowances
      16         Records of lay justices
Chairman and deputy chairmen and the bench
      17         Chairman and deputy chairmen: selection
      18         Rights to preside and size of bench
Supplementary provisions about the bench
      19         Training, development and appraisal of lay justices
      20         Rules
      21         Duty to consult lay justices on matters affecting them etc.
District Judges (Magistrates’ Courts)
      22         Appointment etc.
      23         Senior District Judge (Chief Magistrate)
      24         Deputy District Judges (Magistrates’ Courts)
      25         District Judges (Magistrates’ Courts) as justices of the peace
      26         District Judges (Magistrates’ Courts) able to act alone
Justices’ clerks and assistant clerks
      27         Justices’ clerks and assistant clerks
      28         Functions
      29         Independence
Places, dates and times of sittings
      30         Places, dates and times of sittings
Protection and indemnification of justices and justices’ clerks
      31         Immunity for acts within jurisdiction
      32         Immunity for certain acts beyond jurisdiction
      33         Striking out proceedings where action prohibited
      34         Costs in legal proceedings
      35         Indemnity
Fines officers and designated officers
      36         Fines officers
      37         Designated officers and magistrates’ courts
Application of receipts of magistrates’ courts etc.
      38         Application of receipts of designated officers
      39         Limits to requirements about application of receipts
      40         Regulations about payments, accounting and banking by designated officers

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Miscellaneous
      41         Disqualification of lay justices who are members of local authorities
      42         Effect of Act of Settlement on existing justices of the peace
Part 3
Magistrates’ courts
Criminal jurisdiction and procedure
      43         Summons or warrant for suspected offender
      44         Trial of summary offences
      45         Power to make rulings at pre-trial hearings
      46         Power to transfer criminal cases
Civil jurisdiction and procedure
      47         Jurisdiction to issue summons and deal with complaints
      48         Power to transfer civil proceedings (other than family proceedings)
Family proceedings courts and youth courts
      49         Family proceedings courts
      50         Youth courts
Part 4
Court security
      51         Court security officers
      52         Powers of search
      53         Powers to exclude, remove or restrain persons
      54         Surrender and seizure of articles
      55         Powers to retain articles surrendered or seized
      56         Regulations about retention of articles
      57         Assaulting and obstructing court security officers
Part 5
Inspectors of court administration
      58         Inspectors of court administration etc.
      59         Functions of inspectors
      60         Functions of Chief Inspector
      61         Rights of entry and inspection
Part 6
Judges
Offices, titles, styles etc.
      62         Head and Deputy Head of Civil Justice
      63         Ordinary judges of the Court of Appeal

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      64         Power to alter judicial titles
Flexibility in deployment of judicial resources
      65         District Judges (Magistrates’ Courts) as Crown Court judges etc.
      66         Judges having powers of District Judges (Magistrates’ Courts)
      67         Removal of restriction on Circuit judges sitting on certain appeals
Part 7
Procedure rules and practice directions
Criminal Procedure Rules and practice directions
      68         Meaning of “criminal court”
      69         Criminal Procedure Rules
      70         Criminal Procedure Rule Committee
      71         Power to change certain requirements relating to Committee
      72         Process for making Criminal Procedure Rules
      73         Power to amend legislation in connection with the rules
      74         Practice directions as to practice and procedure of the criminal courts
Family Procedure Rules and practice directions
      75         Family Procedure Rules
      76         Further provision about scope of Family Procedure Rules
      77         Family Procedure Rule Committee
      78         Power to change certain requirements relating to Committee
      79         Process for making Family Procedure Rules
      80         Power to amend legislation in connection with the rules
      81         Practice directions relating to family proceedings
Civil Procedure Rules
      82         Civil Procedure Rules
      83         Civil Procedure Rule Committee
      84         Power to change certain requirements relating to Committee
      85         Process for making Civil Procedure Rules
Part 8
Miscellaneous
Provisions relating to criminal procedure and appeals
      86         Alteration of place fixed for Crown Court trial
      87         Appeals to Court of Appeal: procedural directions
      88         Extension of time for criminal appeals to House of Lords
      89         Retirement age of Registrar of Criminal Appeals
      90         Appeals to Courts-Martial Appeal Court: procedural directions
      91         Extension of time for appeals from Courts-Martial Appeal Court

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Fees and costs
      92         Fees
      93         Award of costs against third parties
      94         Award of costs in appeals under Proceeds of Crime Act 2002
Fines
      95         Fixing of fines: failure to furnish statement of financial circumstances
      96         Recovery of fines etc. by deductions from income support: failure to provide
information
      97         Collection of fines and discharge of fines by unpaid work
Register of judgments etc. and execution of writs
      98         Register of judgments and orders etc.
      99         High Court writs of execution
Damages
      100         Periodical payments
      101         Periodical payments: security
Provisions relating to Northern Ireland
      102         Power to alter judicial titles: Northern Ireland
      103         Official Solicitor of Northern Ireland
      104         Alteration of place fixed for Crown Court trial: Northern Ireland
      105         Extension of time for criminal appeals to House of Lords: Northern Ireland
      106         Fees: Northern Ireland
Part 9
Final provisions
      107         Interpretation
      108         Rules, regulations and orders
      109         Minor and consequential amendments, repeals, etc.
      110         Commencement
      111         Extent
      112         Short title
                  Schedule 1                     —                     Constitution and procedure of courts boards
                  Schedule 2                     —                     Abolition of magistrates’ courts committees: transfers
                  Part 1                    —                     Property transfer schemes
                  Part 2                    —                     Staff transfers
                  Part 3                    —                     Miscellaneous and supplementary
                  Schedule 3                     —                     Pre-trial hearings in magistrates’ courts
                  Schedule 4                     —                     Further functions conferred on District Judges (Magistrates’
Courts)
                  Schedule 5                     —                     Collection of fines

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                  Part 1                    —                     Introductory
                  Part 2                    —                     Immediate payment of fines: discounts
                  Part 3                    —                     Attachment of earnings orders and applications for benefit
deductions
                  Part 4                    —                     Making of collection orders
                  Part 5                    —                     Discount where collection order made
                  Part 6                    —                     Variation of collection orders containing payment terms
                  Part 7                    —                     Effect of first default on collection order containing payment
terms
                  Part 8                    —                     Operation of collection orders containing reserve terms
                  Part 9                    —                     Operation of collection orders after increase imposed
                  Part 10                    —                     Supplementary provisions
                  Schedule 6                     —                     Discharge of fines by unpaid work
                  Part 1                    —                     Work orders
                  Part 2                    —                     Consequential amendments
                  Schedule 7                     —                     High Court writs of execution
                  Schedule 8                     —                     Minor and consequential amendments
                  Schedule 9                     —                     Repeals

© Parliamentary copyright 2003
Revised 14 July 2003