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Courts Bill [HL]


Courts Bill [HL]
Schedule 3 — Pre-trial hearings in magistrates’ courts

    67

 

Other supplementary provisions

  25      (1)      Fines collection regulations may, for the purpose of giving effect to this

Schedule and section 31, make provision modifying any enactment which

relates to the enforcement of sums due.

          (2)      Different modifications may be made for different cases.

5

Schedule 3

Section 40

 

Pre-trial hearings in magistrates’ courts

           After section 8 of the 1980 Act, insert—

“Pre-trial hearings

       8A Power to make rulings at pre-trial hearing

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              (1)             For the purposes of this section a hearing is a pre-trial hearing if—

                    (a)                   it relates to an information—

                           (i)                          which is to be tried summarily, and

                           (ii)                         to which the accused has pleaded not guilty, and

                    (b)                   it takes place before the start of the trial.

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              (2)             For the purposes of subsection (1)(b), the start of a summary trial

occurs when the court begins—

                    (a)                   to hear evidence from the prosecution at the trial, or

                    (b)                   to consider whether to exercise its power under section 37(3)

of the Mental Health Act 1983 (power to make hospital order

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without convicting the accused).

              (3)             At a pre-trial hearing, a magistrates’ court may make a ruling as to

any matter mentioned in subsection (4) if—

                    (a)                   the condition in subsection (5) is met,

                    (b)                   the court has given the parties an opportunity to be heard,

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and

                    (c)                   it appears to the court that it is in the interests of justice to

make the ruling.

              (4)             The matters are—

                    (a)                   any question as to the admissibility of evidence;

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                    (b)                   any other question of law relating to the case.

              (5)             The condition is that, if the accused is not legally represented, the

court must—

                    (a)                   ask whether he wishes to be granted a right to representation

funded by the Legal Services Commission as part of the

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Criminal Defence Service, and

                    (b)                   if he does, decide whether or not to grant him that right.

              (6)             A ruling may be made under this section—

 

 

Courts Bill [HL]
Schedule 3 — Pre-trial hearings in magistrates’ courts

    68

 

                    (a)                   on an application by a party to the case, or

                    (b)                   of the court’s own motion.

              (7)             For the purposes of this section and section 8B, references to the

prosecutor are to any person acting as prosecutor, whether an

individual or body.

5

       8B            Effect of rulings at pre-trial hearing

              (1)             Subject to subsections (3) and (6), a ruling under section 8A has

binding effect from the time it is made until the case against the

accused or, if there is more than one, against each of them, is

disposed of.

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              (2)             The case against an accused is disposed of if—

                    (a)                   he is acquitted or convicted,

                    (b)                   the prosecutor decides not to proceed with the case against

him, or

                    (c)                   the information is dismissed.

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              (3)             A magistrates’ court may discharge or vary (or further vary) a ruling

under section 8A if—

                    (a)                   the condition in section 8A(5) is met,

                    (b)                   the court has given the parties an opportunity to be heard,

and

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                    (c)                   it appears to the court that it is in the interests of justice to do

so.

              (4)             The court may act under subsection (3)—

                    (a)                   on an application by a party to the case, or

                    (b)                   of its own motion.

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              (5)             No application may be made under subsection (4)(a) unless there has

been a material change of circumstances since the ruling was made

or, if a previous application has been made, since the application (or

last application) was made.

              (6)             A ruling under section 8A is discharged in relation to an accused if

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the magistrates’ court subsequently inquires into the information

charging him as examining justices (whether under section 25(2) or

(6) or for some other reason).

       8C            Restrictions on reporting

              (1)             Except as provided by this section—

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                    (a)                   no written report of matters falling within subsection (2) may

be published in England and Wales;

                    (b)                   no report of matters falling within subsection (2) may be

included in a relevant programme for reception in England

and Wales.

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              (2)             The following matters fall within this subsection—

                    (a)                   a ruling under section 8A;

                    (b)                   proceedings on an application for a ruling under section 8A;

 

 

Courts Bill [HL]
Schedule 3 — Pre-trial hearings in magistrates’ courts

    69

 

                    (c)                   an order under section 8B that a ruling under section 8A be

discharged, varied or further varied;

                    (d)                   proceedings on an application under section 8B for a ruling

under section 8A to be discharged, varied or further varied.

              (3)             A magistrates’ court dealing with any matter falling within

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subsection (2) may order that subsection (1) does not apply, or does

not apply to a specified extent, to a report of the matter.

              (4)             Where there is only one accused and he objects to the making of an

order under subsection (3)—

                    (a)                   the court may make the order if (and only if) satisfied after

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hearing the representations of the accused that it is in the

interests of justice to do so, and

                    (b)                   if the order is made, it shall not apply to the extent that a

report deals with any such objection or representations.

              (5)             Where there are two or more accused and one or more of them

15

objects to the making of an order under subsection (3)—

                    (a)                   the court may make the order if (and only if) satisfied after

hearing the representations of each of the accused that it is in

the interests of justice to do so, and

                    (b)                   if the order is made, it shall not apply to the extent that a

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report deals with any such objection or representations.

              (6)             Subsection (1) does not apply to—

                    (a)                   the publication of a report of matters, or

                    (b)                   the inclusion in a relevant programme of a report of matters,

                              after the case against the accused or, if more than one, against each

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of them, is disposed of.

              (7)             Nothing in this section affects any prohibition or restriction imposed

by virtue of any other enactment on a publication or on matter

included in a programme.

              (8)             In this section and in section 8D—

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                    (a)                   “publish”, in relation to a report, means publish the report,

either by itself or as part of a newspaper or periodical, for

distribution to the public, and related expressions shall be

construed accordingly;

                    (b)                   “relevant programme” means a programme included in a

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programme service, within the meaning of the Broadcasting

Act 1990.

       8D            Offences in connection with reporting

              (1)             If a report is published or included in a relevant programme in

contravention of section 8C each of the following persons is guilty of

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an offence—

                    (a)                   in the case of a publication of a written report as part of a

newspaper or periodical, any proprietor, editor or publisher

of the newspaper or periodical;

 

 

Courts Bill [HL]
Schedule 4 — Further functions conferred on District Judges (Magistrates’ Courts)

    70

 

                    (b)                   in the case of a publication of a written report otherwise than

as part of a newspaper or periodical, the person who

publishes it;

                    (c)                   in the case of the inclusion of a report in a relevant

programme, any body corporate which is engaged in

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providing the service in which the programme is included

and any person having functions in relation to the

programme corresponding to those of an editor of a

newspaper.

              (2)             A person guilty of an offence under this section is liable on summary

10

conviction to a fine of an amount not exceeding level 5 on the

standard scale.

              (3)             Proceedings for an offence under this section may not be instituted

otherwise than by or with the consent of the Attorney General.”

Schedule 4

15

Section 60

 

Further functions conferred on District Judges (Magistrates’ Courts)

Criminal Justice Act 1967 (c. 80)

  1        In section 9(5) (requirement for author of written statement to give evidence

in person), for “by a puisne judge of the High Court, a Circuit judge or

Recorder sitting alone” substitute “by any of the following sitting alone—

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                    “(a)                      a puisne judge of the High Court;

                    (b)                      a Circuit judge;

                    (c)                      a District Judge (Magistrates’ Courts);

                    (d)                      a Recorder.”

Taxes Management Act 1970 (c. 9)

25

  2        In—

              (a)             section 20D(1)(a) (meaning of “the appropriate judicial authority” in

relation to England and Wales), and

              (b)             paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply

with order under section 20BA),

30

           after “Circuit judge” insert “or a District Judge (Magistrates’ Courts)”.

Juries Act 1974 (c. 23)

  3        In section 9B, for subsection (3) (meaning of “the judge” for purposes of

discharge of person incapable of acting effectively as juror) substitute—

              “(3)                In this section and section 10 “the judge” means—

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                    (a)                   a judge of the High Court,

                    (b)                   a Circuit judge,

                    (c)                   a District Judge (Magistrates’ Courts) sitting as a judge of the

Crown Court, or

                    (d)                   a Recorder.”

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Courts Bill [HL]
Schedule 4 — Further functions conferred on District Judges (Magistrates’ Courts)

    71

 

  4        In section 10 (discharge of summons in case of doubt as to capacity to act

effectively as juror) omit “and for this purpose “the judge” means any judge

of the High Court or any Circuit judge or Recorder”.

Police and Criminal Evidence Act 1984 (c. 60)

  5        In section 9(2A) (application of enactments relating to execution of process

5

in Scotland or Northern Ireland to processes issued by a circuit judge under

Schedule 1 to 1984 Act), for “circuit judge” substitute “judge”.

  6       (1)      In Schedule 1 (applications for access to excluded or special procedure

material) for “circuit judge”, in each place, substitute “judge”.

          (2)      After paragraph 16 insert—

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          “17                  In this Schedule “judge” means a Circuit judge or a District Judge

(Magistrates’ Courts).”

Computer Misuse Act 1990 (c. 18)

  7       (1)      In section 14(1) (search warrants for offences under section 1) after “a Circuit

judge” insert “or a District Judge (Magistrates’ Courts)”.

15

Data Protection Act 1998 (c. 29)

  8        In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after

“circuit judge” insert “or a District Judge (Magistrates’ Courts)”.

Terrorism Act 2000 (c. 11)

  9        In Schedule 5 (terrorist investigations: information), in paragraphs 5(1),

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(4)(a) and (5), 6(1), 7(1)(b), 10(1), 11(1), 12(1) and (2), 13(1) and 18(g), after

“Circuit judge” insert “or a District Judge (Magistrates’ Courts)”.

  10       In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge”

insert “or a District Judge (Magistrates’ Courts)”.

  11       In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a

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Circuit judge,” substitute “a Circuit judge or a District Judge (Magistrates’

Courts),”.

Regulation of Investigatory Powers Act 2000 (c. 23)

  12       In Schedule 2 (persons who have the appropriate permission), in paragraph

1(1)(a), after “Circuit judge” insert “or a District Judge (Magistrates’

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Courts)”.

Freedom of Information Act 2000 (c. 36)

  13       In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after

“Circuit judge” insert “or a District Judge (Magistrates’ Courts)”.

 

 

Courts Bill [HL]
Schedule 5 — High Court writs of execution

    72

 

International Criminal Court Act 2001 (c. 17)

  14       In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1)

and 8 for “a Circuit judge or, in Northern Ireland, a county court judge”

substitute “—

                      (a)                     a Circuit judge or a District Judge (Magistrates’ Courts), or

5

                      (b)                     in Northern Ireland, a county court judge,”.

Armed Forces Act 2001 (c. 19)

  15       In section 6(2)(a) (applications for access to excluded or special procedure

material), for “circuit judges” substitute “judges”.

Schedule 5

10

Section 91

 

High Court writs of execution

Enforcement officers: general

Districts for writs of execution enforced by enforcement officers

  1       (1)      England and Wales is to be divided into districts for the purposes of this

Schedule.

15

          (2)      The districts are to be those specified in regulations made under paragraph

12.

Enforcement officers: authorisation and assignment to districts

  2       (1)      An enforcement officer is an individual who is authorised to act as such by

the Lord Chancellor or a person acting on his behalf.

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          (2)      The Lord Chancellor or a person acting on his behalf must assign at least one

enforcement officer to each district.

          (3)      The Lord Chancellor or a person acting on his behalf may—

              (a)             assign an enforcement officer to more than one district, and

              (b)             change any assignment of an enforcement officer so that he is

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assigned to a different district or to different districts.

Direction of writs of execution to enforcement officers

  3       (1)      A writ of execution issued from the High Court may be directed—

              (a)             if only one enforcement officer is assigned to the district in which the

writ is to be executed, to that officer,

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              (b)             if two or more enforcement officers are assigned to that district, to

those officers collectively, or

              (c)             to a named enforcement officer who, whether or not assigned to that

district, has undertaken to execute the writ.

          (2)      In this paragraph “writ of execution” does not include—

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              (a)             a writ of sequestration, or

              (b)             a writ relating to ecclesiastical property.

 

 

Courts Bill [HL]
Schedule 5 — High Court writs of execution

    73

 

Enforcement officers to have traditional powers etc. of sheriff

  4       (1)      This paragraph applies in relation to writs directed to one or more

enforcement officers under paragraph 3.

          (2)      The relevant officer has, in relation to the writ, the duties, powers, rights,

privileges and liabilities that a sheriff of a county would have had at

5

common law if—

              (a)             the writ had been directed to him, and

              (b)             the district in which it is to be executed had been within his county.

          (3)      “The relevant officer” means—

              (a)             if the writ is directed to a single enforcement officer under paragraph

10

3(1)(a) or (c), that officer;

              (b)             if the writ is directed to two or more enforcement officers collectively

under paragraph 3(1)(b), the officer to whom, in accordance with

approved arrangements, the execution of the writ is allocated.

          (4)      Sub-paragraph (2) applies to a person acting under the authority of the

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relevant officer as it applies to the relevant officer.

          (5)      In this Schedule “approved arrangements” means arrangements approved

by the Lord Chancellor or a person acting on his behalf.

Constable’s duty to assist enforcement officers

  5        It is the duty of every constable, at the request of—

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              (a)             an enforcement officer, or

              (b)             a person acting under the officer’s authority,

           to assist the officer or that person in the execution of a writ.

Writs of execution against goods

Application of paragraphs 7 to 11

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  6        Paragraphs 7 to 11 apply to any writ of execution against goods which is

issued from the High Court.

Endorsement of writ with date and time of receipt

  7       (1)      If the writ is directed to a single enforcement officer under paragraph 3(1)(a)

or (c), that officer must endorse it as soon as possible after receiving it.

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          (2)      If the writ is directed to two or more enforcement officers collectively under

paragraph 3(1)(b), the individual who, in accordance with approved

arrangements, is responsible for allocating its execution to one of those

officers, must endorse it as soon as possible after receiving it.

          (3)      If the writ is directed to a person who is not an enforcement officer but is

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under a duty to execute it, that person must endorse it as soon as possible

after receiving it.

          (4)      For the purposes of this paragraph, a person endorses a writ by endorsing

on the back of it the date and time when he received it.

          (5)      No fee may be charged for endorsing a writ under this paragraph.

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