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Courts Bill [HL]


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).

 

 

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

    31

 

 66    Power to change certain requirements relating to Committee

     (1)    The Lord Chancellor may by order—

           (a)           amend section 65(2) (persons to be appointed to Committee by Lord

Chancellor), and

           (b)           make consequential amendments in any other provision of section 65.

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     (2)    Before making an order under this section the Lord Chancellor must consult

the Lord Chief Justice.

 67    Process for making Criminal Procedure Rules

     (1)    The Criminal Procedure Rule Committee must, before making Criminal

Procedure Rules—

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           (a)           consult such persons as they consider appropriate, and

           (b)           meet (unless it is inexpedient to do so).

     (2)    Rules made by the Criminal Procedure Rule Committee must be—

           (a)           signed by a majority of the members of the Committee, and

           (b)           submitted to the Lord Chancellor.

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     (3)    The Lord Chancellor may, with the concurrence of the Secretary of State, allow,

disallow or alter rules so made.

     (4)           Before altering rules so made the Lord Chancellor must consult the Committee.

     (5)    Rules so made, as allowed or altered by the Lord Chancellor—

           (a)           come into force on such day as the Lord Chancellor directs, and

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           (b)           are to be contained in a statutory instrument to which the Statutory

Instruments Act 1946 (c. 36) applies as if the instrument contained rules

made by a Minister of the Crown.

     (6)    A statutory instrument containing Criminal Procedure Rules is subject to

annulment in pursuance of a resolution of either House of Parliament.

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 68    Power to amend legislation in connection with the rules

The Lord Chancellor may, with the concurrence of the Secretary of State, by

order amend or repeal any enactment, or amend or revoke any provision of

subordinate legislation, to the extent that he considers necessary or desirable—

           (a)           in order to facilitate the making of Criminal Procedure Rules, or

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           (b)           in consequence of section 64 or 67 or Criminal Procedure Rules.

 69    Practice directions as to practice and procedure of the criminal courts

     (1)    The Lord Chief Justice may, with the concurrence of the Lord Chancellor, give

directions as to the practice and procedure of the criminal courts.

     (2)    Directions as to the practice and procedure of the criminal courts may not be

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given by anyone other than the Lord Chief Justice without the approval of the

Lord Chief Justice and the Lord Chancellor.

     (3)    The power to give directions under subsection (1) includes power—

           (a)           to vary or revoke directions as to the practice and procedure of the

criminal courts (or any of them), whether given by the Lord Chief

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Justice or any other person,

 

 

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

    32

 

           (b)           to give directions containing different provision for different cases

(including different areas), and

           (c)           to give directions containing provision for a specific court, for specific

proceedings or for a specific jurisdiction.

     (4)    Nothing in this section prevents the Lord Chief Justice, without the

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concurrence of the Lord Chancellor, giving directions which contain guidance

as to law or making judicial decisions.

Family Procedure Rules and practice directions

 70    Family Procedure Rules

     (1)    There are to be rules of court (to be called “Family Procedure Rules”) governing

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the practice and procedure to be followed in family proceedings in—

           (a)           the High Court,

           (b)           county courts, and

           (c)           magistrates’ courts.

     (2)    Family Procedure Rules are to be made by a committee known as the Family

15

Procedure Rule Committee.

     (3)    “Family proceedings” means family proceedings as defined by—

           (a)           section 65 of the 1980 Act, or

           (b)           section 32 of the Matrimonial and Family Proceedings Act 1984 (c. 42).

     (4)    The power to make Family Procedure Rules includes power to make different

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provision for different areas, including different provision—

           (a)           for a specified court or description of courts, or

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

     (5)    Any power to make or alter Family Procedure Rules is to be exercised with a

view to securing that—

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

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

 71    Further provision about scope of Family Procedure Rules

     (1)    Family Procedure Rules may not be made in respect of matters which may be

dealt with in probate rules made by the President of the Family Division, with

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the concurrence of the Lord Chancellor, under section 127 of the 1981 Act.

     (2)    Family Procedure Rules may —

           (a)           modify or exclude the application of any provision of the County

Courts Act 1984 (c. 28), and

           (b)           provide for the enforcement in the High Court of orders made in a

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divorce county court.

     (3)    Family Procedure Rules may modify the rules of evidence as they apply to

family proceedings in any court within the scope of the rules.

     (4)    Family Procedure Rules may apply any rules of court (including in particular

Civil Procedure Rules) which relate to—

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           (a)           courts which are outside the scope of Family Procedure Rules, or

           (b)           proceedings other than family proceedings.

 

 

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

    33

 

     (5)    Any rules of court, not made by the Family Procedure Rule Committee, which

apply to proceedings of a particular kind in a court within the scope of Family

Procedure Rules may be applied by Family Procedure Rules to family

proceedings in such a court.

     (6)    In subsections (4) and (5) “rules of court” includes any provision governing the

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practice and procedure of a court which is made by or under an enactment.

     (7)    Where Family Procedure Rules may be made by applying other rules, the other

rules may be applied—

           (a)           to any extent,

           (b)           with or without modification, and

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           (c)           as amended from time to time.

 72    Family Procedure Rule Committee

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

           (a)           the President of the Family Division, and

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

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subsection (2).

     (2)    The Lord Chancellor must appoint—

           (a)           two judges of the Supreme Court, at least one of whom must be a

puisne judge attached to the Family Division,

           (b)           one Circuit judge,

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           (c)           one district judge of the principal registry of the Family Division,

           (d)           one district judge appointed under section 6 of the County Courts Act

1984 (c. 28),

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

           (f)           one lay justice,

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           (g)           one justices’ clerk,

           (h)           one person who has—

                  (i)                 a Supreme Court qualification, and

                  (ii)                particular experience of family practice in the High Court,

           (i)           one person who has—

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                  (i)                 a Supreme Court qualification, and

                  (ii)                particular experience of family practice in county courts,

           (j)           one person who has—

                  (i)                 a Supreme Court qualification, and

                  (ii)                particular experience of family practice in magistrates’ courts,

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           (k)           one person who—

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

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

proceedings in the Supreme Court, and

                  (ii)                has particular experience of family practice in the High Court,

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           (l)           one person who—

                  (i)                 has been so granted that right, and

                  (ii)                has particular experience of family practice in county courts,

           (m)           one person who—

                  (i)                 has been so granted that right, and

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

    34

 

                  (ii)                has particular experience of family practice in magistrates’

courts,

           (n)           one person nominated by CAFCASS, and

           (o)           one person with experience in and knowledge of the lay advice sector

or the system of justice in relation to family proceedings.

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     (3)    Before appointing a person under subsection (2), the Lord Chancellor must

consult the President of the Family Division.

     (4)    Before appointing a person under subsection (2)(a), the Lord Chancellor must

consult the Lord Chief Justice.

     (5)    Before appointing a person under subsection (2)(h) to (m), the Lord Chancellor

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must consult any body which—

           (a)           has members eligible for appointment under the provision in question,

and

           (b)           is an authorised body for the purposes of section 27 or 28 of the 1990

Act.

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     (6)    The Lord Chancellor may reimburse the members of the Family Procedure

Rule Committee their travelling and out-of-pocket expenses.

 73    Power to change certain requirements relating to Committee

     (1)    The Lord Chancellor may by order—

           (a)           amend section 72(2) (persons to be appointed to Committee by Lord

20

Chancellor), and

           (b)           make consequential amendments in any other provision of section 72.

     (2)    Before making an order under this section the Lord Chancellor must consult

the President of the Family Division.

 74    Process for making Family Procedure Rules

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     (1)    The Family Procedure Rule Committee must, before making Family Procedure

Rules—

           (a)           consult such persons as they consider appropriate, and

           (b)           meet (unless it is inexpedient to do so).

     (2)    Rules made by the Family Procedure Rule Committee must be—

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           (a)           signed by a majority of the members of the Committee, and

           (b)           submitted to the Lord Chancellor.

     (3)    The Lord Chancellor may allow, disallow or alter rules so made.

     (4)           Before altering rules so made the Lord Chancellor must consult the Committee.

     (5)    Rules so made, as allowed or altered by the Lord Chancellor—

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           (a)           come into force on such day as the Lord Chancellor directs, and

           (b)           are to be contained in a statutory instrument to which the Statutory

Instruments Act 1946 (c. 36) applies as if the instrument contained rules

made by a Minister of the Crown.

     (6)    A statutory instrument containing Family Procedure Rules is subject to

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annulment in pursuance of a resolution of either House of Parliament.

 

 

 
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