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Courts Bill [HL]


Courts Bill [HL]
Part 4 — Court security

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 48    Powers to exclude, remove or restrain persons

     (1)    A court security officer acting in the execution of his duty may exclude or

remove from a court building, or a part of a court building, any person who

refuses—

           (a)           to permit a search under section 47(1), or

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           (b)           to surrender an article in his possession when asked do so under

section 49(1).

     (2)    A court security officer acting in the execution of his duty may—

           (a)           restrain any person who is in a court building, or

           (b)           exclude or remove any person from a court building, or a part of a court

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building,

            if it is reasonably necessary to do so for one of the purposes given in subsection

(3).

     (3)    The purposes are—

           (a)           enabling court business to be carried on without interference or delay;

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           (b)           maintaining order;

           (c)           securing the safety of any person in the court building.

     (4)    A court security officer acting in the execution of his duty may remove any

person from a courtroom at the request of a judge or a justice of the peace.

     (5)    The powers conferred by subsections (1), (2) and (4) include power to use

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reasonable force, where necessary.

 49    Surrender and seizure of articles

     (1)    If a court security officer acting in the execution of his duty reasonably believes

that an article in the possession of a person who is in, or seeking to enter, a

court building ought to be surrendered on any of the grounds given in

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subsection (3), he must ask the person to surrender the article.

     (2)    If the person refuses to surrender the article, the officer may seize it.

     (3)    The grounds are that the article—

           (a)           may jeopardise the maintenance of order in the court building (or a part

of it),

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           (b)           may put the safety of any person in the court building at risk, or

           (c)           may be evidence of, or in relation to, an offence.

 50    Powers to retain articles surrendered or seized

     (1)    Subject to subsection (2), a court security officer may retain an article which

was—

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           (a)           surrendered in response to a request under section 49(1), or

           (b)           seized under section 49(2),

            until the time when the person who surrendered it, or from whom it was

seized, is leaving the court building.

     (2)    If a court security officer reasonably believes that the article may be evidence

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of, or in relation to, an offence, he may retain it until—

           (a)           the time when the person who surrendered it, or from whom it was

seized, is leaving the court building, or

 

 

Courts Bill [HL]
Part 5 — Inspectors of court administration

    24

 

           (b)           the end of the permitted period,

            whichever is later.

     (3)    “The permitted period” means such period, not exceeding 24 hours from the

time the article was surrendered or seized, as will enable the court security

officer to draw the article to the attention of a constable.

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 51    Regulations about retention of articles

     (1)    The Lord Chancellor may by regulations make provision as to—

           (a)           the provision to persons—

                  (i)                 by whom articles have been surrendered in response to a

request under section 49(1), or

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                  (ii)                from whom articles have been seized under section 49(2),

                         of written information about the powers of retention of court security

officers,

           (b)           the keeping of records about articles which have been so surrendered

or seized,

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           (c)           the period for which unclaimed articles have to be kept, and

           (d)           the disposal of unclaimed articles at the end of that period.

     (2)    “Unclaimed article” means an article—

           (a)           which has been retained under section 50,

           (b)           which a person is entitled to have returned to him,

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           (c)           which has not been returned, and

           (d)           whose return has not been requested by a person entitled to it.

 52    Assaulting and obstructing court security officers

     (1)    Any person who assaults a court security officer acting in the execution of his

duty commits an offence.

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     (2)    A person guilty of an offence under subsection (1) is liable on summary

conviction to—

           (a)           a fine not exceeding level 5 on the standard scale, or

           (b)           imprisonment for a term not exceeding 6 months,

            or to both.

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     (3)    A person who resists or wilfully obstructs a court security officer acting in the

execution of his duty commits an offence.

     (4)    A person guilty of an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

Part 5

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Inspectors of court administration

 53    Inspectors of court administration etc.

     (1)    The Lord Chancellor may appoint such number of inspectors of court

administration as he considers appropriate.

 

 

Courts Bill [HL]
Part 5 — Inspectors of court administration

    25

 

     (2)    They are to be known collectively as “Her Majesty’s Inspectorate of Court

Administration”.

     (3)    The Lord Chancellor must appoint one of the persons so appointed to be Her

Majesty’s Chief Inspector of Court Administration.

     (4)    In this Part that person is referred to as “the Chief Inspector”.

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     (5)    The Lord Chancellor may make to or in respect of inspectors of court

administration such payments by way of remuneration, allowances or

otherwise as he may determine.

     (6)    In this Act—

           (a)           “CAFCASS” means the Children and Family Court Advisory and

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Support Service, and

           (b)           “CAFCASS functions” means the functions of CAFCASS and its

officers.

 54    Functions of inspectors

     (1)    It is the duty of inspectors of court administration to—

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           (a)           inspect and report to the Lord Chancellor on the system that supports

the carrying on of the business of the courts listed in subsection (2) and

the services provided for those courts;

           (b)           inspect and report to the Lord Chancellor on the performance of

CAFCASS functions;

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           (c)           discharge any other particular functions which may be specified in

connection with—

                  (i)                 the courts listed in subsection (2), or

                  (ii)                CAFCASS functions or related functions of any other person.

     (2)    The courts are—

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           (a)           the Crown Court,

           (b)           county courts, and

           (c)           magistrates’ courts.

     (3)    The Lord Chancellor may by order—

           (a)           add to the list in subsection (2) any court having jurisdiction in the

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United Kingdom, other than one having jurisdiction only in relation to

Scotland or Northern Ireland, and

           (b)           remove any court from the list.

     (4)    “Specified” means specified in a direction given by the Lord Chancellor; but

before giving any such direction the Lord Chancellor must consult the Chief

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Inspector.

     (5)    Nothing in this section is to be read as enabling inspectors to inspect persons—

           (a)           making judicial decisions, or

           (b)           exercising any judicial discretion.

 55    Functions of Chief Inspector

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     (1)    The Chief Inspector must make an annual report to the Lord Chancellor as to

the discharge of the functions of Her Majesty’s Inspectorate of Court

Administration.

 

 

Courts Bill [HL]
Part 5 — Inspectors of court administration

    26

 

     (2)    The Lord Chancellor may give directions as to—

           (a)           the information to be included in the report,

           (b)           the form of the report, and

           (c)           the time by which the report is to be made.

     (3)    The Lord Chancellor must, within one month of receiving the annual report,

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lay a copy of it before both Houses of Parliament.

     (4)    The Chief Inspector must report to the Lord Chancellor on any matter which

the Lord Chancellor refers to him and which is connected with—

           (a)           the courts listed in section 54(2), or

           (b)           CAFCASS functions or related functions of any other person.

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     (5)    The Chief Inspector may designate an inspector of court administration to

discharge his functions during any period when he is absent or unable to act.

 56    Rights of entry and inspection

     (1)    An inspector exercising functions under section 54 may enter—

           (a)           any place of work occupied by persons provided under arrangements

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made by the Lord Chancellor under section 2(4);

           (b)           any premises occupied by CAFCASS.

     (2)    An inspector exercising functions under section 54 may inspect and take copies

of —

           (a)           any records kept by persons provided under arrangements made by

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the Lord Chancellor under section 2(4), or

           (b)           any records kept by CAFCASS or other documents containing

information relating to the performance of CAFCASS functions,

            which he considers relevant to the discharge of his functions.

     (3)    Subsection (1) does not entitle an inspector—

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           (a)           to be present when a court listed in section 54(2) is hearing proceedings

in private, or

           (b)           to attend any private deliberations of persons having jurisdiction to

hear or determine any proceedings.

     (4)    The records referred to in subsection (2) include records kept by means of a

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computer.

     (5)    An inspector exercising the power under subsection (2) to inspect records—

           (a)           is entitled to have access to, and inspect and check the operation of, any

computer and associated apparatus or material which is or has been in

use in connection with the records in question, and

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           (b)           may require—

                  (i)                 the person by whom or on whose behalf the computer is or has

been used, or

                  (ii)                any person having charge of, or otherwise concerned with the

operation of, the computer, apparatus or material,

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                         to afford him such reasonable assistance as he may require.

     (6)    The powers conferred by subsections (1), (2) and (5) may be exercised at

reasonable times only.

 

 

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

 

 

 
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