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Courts Bill [HL]


Courts Bill [HL]
Part 6 — Judges

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Part 6

Judges

Offices, titles, styles etc.

 57    Head and Deputy Head of Civil Justice

     (1)    The Lord Chancellor must appoint a person to be Head of Civil Justice and may

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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.

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     (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.

 58    Ordinary judges of the Court of Appeal

     (1)    In section 2 of the 1981 Act (the Court of Appeal), for subsection (3)

substitute—

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           “(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).

 59    Power to alter judicial titles

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     (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—

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                    Admiralty Registrar

                    Assistant Recorder

                    Circuit judge

                    Deputy Circuit judge

                    Deputy district judge appointed under section 102 of the 1981 Act

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                    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

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                    District probate registrar

                    Lord Chief Justice

                    Master of the Chancery Division

                    Master of the Court of Protection

 

 

Courts Bill [HL]
Part 6 — Judges

    28

 

                    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

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                    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

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                    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

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     (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,

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           (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

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(1) or (3).

     (6)    The provision that may be made under subsection (5) includes provision

amending or repealing any enactment (whenever passed).

Flexibility in deployment of judicial resources

 60    District Judges (Magistrates’ Courts) as Crown Court judges etc.

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     (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).

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     (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).

 61    Judges having powers of District Judges (Magistrates’ Courts)

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     (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—

 

 

Courts Bill [HL]
Part 7 — Procedure rules and practice directions

    29

 

           (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;

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           (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.

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     (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

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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.

 62    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

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to have effect.

Part 7

Procedure rules and practice directions

Criminal Procedure Rules and practice directions

 63    Meaning of “criminal court”

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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.

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 64    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.

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     (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

 

 

Courts Bill [HL]
Part 7 — Procedure rules and practice directions

    30

 

           (b)           for specified descriptions of proceedings or a specified jurisdiction.

     (4)    Any power to make or alter Criminal Procedure Rules is to be exercised with a

view to securing that—

           (a)           the criminal justice system is accessible, fair and efficient, and

           (b)           the rules are both simple and simply expressed.

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 65    Criminal Procedure Rule Committee

     (1)    The Criminal Procedure Rule Committee is to consist of—

           (a)           the Lord Chief Justice, and

           (b)           the persons currently appointed by the Lord Chancellor under

subsection (2).

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     (2)    The Lord Chancellor must appoint—

           (a)           a person nominated by the Secretary of State,

           (b)           three persons each of whom is either a puisne judge of the High Court

or an ordinary judge of the Court of Appeal,

           (c)           two Circuit judges with particular experience of sitting in criminal

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courts,

           (d)           one District Judge (Magistrates’ Courts),

           (e)           one lay justice,

           (f)           one justices’ clerk,

           (g)           the Director of Public Prosecutions or a person nominated by the

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Director,

           (h)           two persons who have a Supreme Court qualification and who have

particular experience of practice in criminal courts,

           (i)           two persons who—

                  (i)                 have been granted by an authorised body, under Part 2 of the

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1990 Act, the right to conduct litigation in relation to all

proceedings in the Supreme Court, and

                  (ii)                have particular experience of practice in criminal courts,

           (j)           one person who appears to represent the Association of Chief Police

Officers, and

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           (k)           two persons who appear to represent voluntary organisations with a

direct interest in the work of criminal courts.

     (3)    Before appointing a person under subsection (2)(b) to (f) the Lord Chancellor

must consult the Lord Chief Justice.

     (4)    The Criminal Procedure Rule Committee is to be chaired by the Lord Chief

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Justice; and one of the judges appointed under subsection (2)(b) is to be his

deputy.

     (5)    The Lord Chancellor may reimburse—

           (a)           the travelling and out-of-pocket expenses of the members of the

Criminal Procedure Rule Committee, and

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           (b)           authorised travelling and out-of-pocket expenses of persons invited to

participate in the work of the Committee.

     (6)    “The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41).

 

 

 
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Revised 29 November 2002