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Courts Bill [HL]


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

    68

 

                    (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.

       8B            Effect of rulings at pre-trial hearing

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              (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.

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

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                    (a)                   he is acquitted or convicted,

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

him, or

                    (c)                   the information is dismissed.

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

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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

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

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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.

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

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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

the magistrates’ court subsequently inquires into the information

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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—

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

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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.

              (2)             The following matters fall within this subsection—

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                    (a)                   a ruling under section 8A;

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

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

discharged, varied or further varied;

 

 

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

    69

 

                    (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

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

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

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              (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

hearing the representations of the accused that it is in the

interests of justice to do so, and

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                    (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

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 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

report deals with any such objection or representations.

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

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                    (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

of them, is disposed of.

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

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

included in a programme.

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

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

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

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distribution to the public, and related expressions shall be

construed accordingly;

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

programme service, within the meaning of the Broadcasting

Act 1990.

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       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

an offence—

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

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newspaper or periodical, any proprietor, editor or publisher

of the newspaper or periodical;

                    (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;

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

programme, any body corporate which is engaged in

 

 

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

    70

 

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

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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

10

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)

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  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),

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           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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  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”.

 

 

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

    71

 

Police and Criminal Evidence Act 1984 (c. 60)

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

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

5

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

          (2)      After paragraph 16 insert—

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

(Magistrates’ Courts).”

Computer Misuse Act 1990 (c. 18)

10

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

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

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)”.

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Terrorism Act 2000 (c. 11)

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

(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”

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

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

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

Courts),”.

Regulation of Investigatory Powers Act 2000 (c. 23)

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

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

Courts)”.

Freedom of Information Act 2000 (c. 36)

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

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

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 “—

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

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

 

 

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

    72

 

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

Section 91

 

High Court writs of execution

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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.

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

10

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.

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

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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

assigned to a different district or to different districts.

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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,

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

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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—

              (a)             a writ of sequestration, or

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              (b)             a writ relating to ecclesiastical property.

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,

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

common law if—

 

 

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

    73

 

              (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

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

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              (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

relevant officer as it applies to the relevant officer.

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          (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—

              (a)             an enforcement officer, or

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              (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

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

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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.

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

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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

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

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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.

Effect of writ

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  8       (1)      Subject to sub-paragraph (2), the writ binds the property in the goods of the

execution debtor from the time when the writ is received by the person who

is under a duty to endorse it.

          (2)      The writ does not prejudice the title to any goods of the execution debtor

acquired by a person in good faith and for valuable consideration.

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

    74

 

          (3)      Sub-paragraph (2) does not apply if the person acquiring goods of the

execution debtor had notice, at the time of the acquisition, that—

              (a)             the writ, or

              (b)             any other writ by virtue of which the goods of the execution debtor

might be seized or attached,

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                   had been received by the person who was under a duty to endorse it but had

not been executed.

          (4)      Sub-paragraph (2) does not apply if the person acquiring goods of the

execution debtor had notice, at the time of the acquisition, that—

              (a)             an application for the issue of a warrant of execution against the

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goods of the execution debtor had been made to the district judge of

a county court, and

              (b)             the warrant issued on the application—

                    (i)                   remained unexecuted in the hands of the district judge of the

court from which it was issued, or

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                    (ii)                  had been sent for execution to, and received by, the district

judge of another county court and remained unexecuted in

the hands of that district judge.

          (5)      In sub-paragraph (1) “property” means the general property in goods (and

not merely a special property).

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          (6)      For the purposes of sub-paragraph (2) a thing shall be treated as done in

good faith if it is in fact done honestly (whether it is done negligently or not).

          (7)      Any reference in this paragraph to the goods of the execution debtor

includes anything else of his that may lawfully be seized in execution.

Seizure of goods

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  9       (1)      This paragraph applies where an enforcement officer or other person who is

under a duty to execute the writ is executing it.

          (2)      The officer may, by virtue of the writ, seize—

              (a)             any goods of the execution debtor that are not exempt goods, and

              (b)             any money, banknotes, bills of exchange, promissory notes, bonds,

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specialties or securities for money belonging to the execution debtor.

          (3)      “Exempt goods” means—

              (a)             such tools, books, vehicles and other items of equipment as are

necessary to the execution debtor for use personally by him in his

employment, business or vocation;

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              (b)             such clothing, bedding, furniture, household equipment and

provisions as are necessary for satisfying the basic domestic needs of

the execution debtor and his family.

Sale of goods seized

  10      (1)      This paragraph applies if—

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              (a)             a writ of execution has been issued from the High Court,

              (b)             goods are seized under the writ by an enforcement officer or other

person under a duty to execute it, and

              (c)             the goods are to be sold for a sum which, including legal incidental

expenses, exceeds £20.

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