Courts Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 82

 

THE LORD CHANCELLOR

135Page 37, line 18, at end insert—
"(   )  In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that Act exercisable by registrar), in subsection (2), after paragraph (c) insert—
    "(d)  to make orders under section 23(1)(a).",
  and, at the end of paragraph (b), omit "and"."
136Page 37, line 19, leave out subsection (2) and insert—
"(2)  After section 31A of the 1968 Act insert—
    "31BProcedural directions: powers of single judge and registrar
    (1)  The power of the Court of Appeal to determine an application for procedural directions may be exercised by—
    (a)  a single judge, or
    (b)  the registrar.
    (2)  "Procedural directions" means directions for the efficient and effective preparation of—
    (a)  an application for leave to appeal, or
    (b)  an appeal,
      to which this section applies.
    (3)  A single judge may give such procedural directions as he thinks fit—
    (a)  when acting under subsection (1);
    (b)  on a reference from the registrar;
    (c)  of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
    (4)  The registrar may give such procedural directions as he thinks fit—
    (a)  when acting under subsection (1);
    (b)  of his own motion.
    (5)  This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under—
    (a)  this Part,
    (b)  section 9 of the Criminal Justice Act 1987, or
    (c)  section 35 of the Criminal Procedure and Investigations Act 1996.
    31CAppeals against procedural directions
    (1)  Subsection (2) applies if a single judge gives, or refuses to give, procedural directions.
    (2)  The Court of Appeal may, on an application to it under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the single judge, and
    (b)  give such procedural directions as it thinks fit.
    (3)  Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
    (4)  A single judge may, on an application to him under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the registrar, and
    (b)  give such procedural directions as he thinks fit.
    (5)  An application under this subsection may be made by—
    (a)  an appellant;
    (b)  a respondent, if the directions—
    (i)  relate to an application for leave to appeal and appear to need the respondent's assistance to give effect to them,
    (ii)  relate to an application for leave to appeal which is to be determined by the Court of Appeal, or
    (iii)  relate to an appeal.
    (6)  In this section—
     "appellant" includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);
     "respondent" includes a person who will be a respondent if leave to appeal is granted.""
137Page 38, line 25, leave out "Section 31ZA of the 1968 Act applies" and insert "Sections 31B to 31C of the 1968 Act apply"
 

Clause 83

 

THE LORD CHANCELLOR

138Leave out Clause 83 and insert the following new Clause—
  "Extension of time for criminal appeals to House of Lords
(1)  Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to House of Lords) as follows.
(2)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of that court" substitute "relevant date".
(3)  After subsection (1) insert—
    "(1A)  In subsection (1), "the relevant date" means—
    (a)  the date of the decision of the court below, or
    (b)  if later, the date on which that court gives reasons for its decision."
(4)  Amend section 34 of the 1968 Act (applications for leave to appeal to the House of Lords) as follows.
(5)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of the Court" substitute "relevant date".
(6)  After subsection (1) insert—
    "(1A)  In subsection (1), "the relevant date" means—
    (a)  the date of the Court of Appeal's decision, or
    (b)  if later, the date on which the Court gives reasons for its decision.""
 

Clause 85

 

THE LORD CHANCELLOR

139Page 39, line 33, leave out "(2)" and insert "(1)"
140Page 39, line 34, at end insert—
  "and at the end of paragraph (f), omit "and".
(   )  In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert "and—
    (c)  to make orders under section 28(1)(a).",
  and at the end of paragraph (a), omit "and"."
141Page 39, line 35, leave out subsection (2) and insert—
"(2)  After section 36A of that Act insert—
    "36BProcedural directions: powers of single judge and registrar
    (1)  The power of the Appeal Court to determine an application for procedural directions may be exercised by—
    (a)  a judge of the Appeal Court, or
    (b)  the registrar.
    (2)  "Procedural directions" means directions for the efficient and effective preparation of—
    (a)  an application for leave to appeal, or
    (b)  an appeal,
      under this Part.
    (3)  A judge of the Appeal Court may give such procedural directions as he thinks fit—
    (a)  when acting under subsection (1);
    (b)  on a reference from the registrar;
    (c)  of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
    (4)  The registrar may give such procedural directions as he thinks fit—
    (a)  when acting under subsection (1);
    (b)  of his own motion.
    36CAppeals against procedural directions
    (1)  Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions.
    (2)  The Appeal Court may, on an application to it under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the judge, and
    (b)  give such procedural directions as it thinks fit.
    (3)  Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
    (4)  A judge of the Appeal Court may, on an application to him under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the registrar, and
    (b)  give such procedural directions as he thinks fit.
    (5)  An application under this subsection may be made by—
    (a)  an appellant;
    (b)  the Defence Council, if the directions—
    (i)  relate to an application for leave to appeal and appear to need the Defence Council's assistance to give effect to them,
    (ii)  relate to an application for leave to appeal which is to be determined by the Appeal Court, or
    (iii)  relate to an appeal.""
142Page 40, line 30, leave out "Section 36ZA of that Act applies" and insert "Sections 36B to 36C of that Act apply"
 

Clause 86

 

THE LORD CHANCELLOR

143Leave out Clause 86 and insert the following new Clause—
  "Extension of time for appeals from Courts-Martial Appeal Court
(1)  Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (applications for leave to appeal to House of Lords) as follows.
(2)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of the Court" substitute "relevant date".
(3)  After subsection (1) insert—
    "(1A)  In subsection (1), "the relevant date" means—
    (a)  the date of the Appeal Court's decision, or
    (b)  if later, the date on which the Court gives reasons for its decision.""
 

Clause 87

 

THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

144Page 42, line 8, at end insert "and should only seek to recover the recurrent running costs of the courts"
145Page 42, line 8, at end insert—
"(   )  An order under subsection (1) above shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
 

Clause 88

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

146Page 42, line 26, at end insert—
    "(   )  make provision for ordering third party costs against the prison service or any security firm for failure to deliver prisoners to the court on time, or at all"
 

After Clause 88

 

THE LORD CHANCELLOR

147Insert the following new Clause—
  "Award of costs in appeals under Proceeds of Crime Act 2002
(1)  Amend the Proceeds of Crime Act 2002 (c. 29) as follows.
(2)  In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—
    "(4)  Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under—
    (a)  section 43(1) or (2) (appeals against orders made in restraint proceedings), or
    (b)  section 65 (appeals against, or relating to, the making of receivership orders),
      are in the discretion of the court.
    (5)  Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.
    (6)  The court shall have full power to determine by whom and to what extent the costs are to be paid.
    (7)  In any proceedings mentioned in subsection (4), the court may—
    (a)  disallow, or
    (b)  (as the case may be) order the legal or other representative concerned to meet,
      the whole of any wasted costs or such part of them as may be determined in accordance with rules under section 91.
    (8)  In subsection (7) "wasted costs" means any costs incurred by a party—
    (a)  as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
    (b)  which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
    (9)  "Legal or other representative", in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf."
(3)  Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.
(4)  In section 91 (Crown Court Rules) after "Crown Court Rules" insert "or (as the case may be) Criminal Appeal Rules"."

 
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8 May 2003