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Courts Bill [HL]


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

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 59    Functions of inspectors

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

           (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;

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

CAFCASS functions;

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

connection with—

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

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

     (2)    The courts are—

           (a)           the Crown Court,

           (b)           county courts, and

           (c)           magistrates’ courts.

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     (3)    The Lord Chancellor may by order—

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

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

Scotland or Northern Ireland, and

           (b)           remove any court from the list.

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     (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

Inspector.

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

           (a)           making judicial decisions, or

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           (b)           exercising any judicial discretion.

 60    Functions of Chief Inspector

     (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.

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     (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 59(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.

 

 

Courts Bill [HL]
Part 6 — Judges

    29

 

 61    Rights of entry and inspection

     (1)    An inspector exercising functions under section 59 may enter—

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

by the Lord Chancellor by virtue of section 2(4);

           (b)           any premises occupied by CAFCASS.

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     (2)    An inspector exercising functions under section 59 may inspect and take copies

of —

           (a)           any records kept by persons provided under a contract made by the

Lord Chancellor by virtue of section 2(4), or

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

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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—

           (a)           to be present when a court listed in section 59(2) is hearing proceedings

in private, or

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           (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

computer.

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

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           (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

           (b)           may require—

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

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been used, or

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

operation of, the computer, apparatus or material,

                         to afford him such reasonable assistance as he may require.

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

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reasonable times only.

Part 6

Judges

Offices, titles, styles etc.

 62    Head and Deputy Head of Civil Justice

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     (1)    The Lord Chancellor must appoint a person to be Head of Civil Justice and may

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

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           (c)           an ordinary judge of the Court of Appeal.

 

 

Courts Bill [HL]
Part 6 — Judges

    30

 

     (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.

 63    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).

 64    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

                    Master of the Queen’s Bench Division

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                    Master of the Rolls

                    Ordinary judge of the Court of Appeal

                    President of the Family Division

                    Presiding Judge for a Circuit

                    Puisne judge of the High Court

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                    Queen’s Coroner and Attorney and Master of the Crown Office and

Registrar of Criminal Appeals

                    Recorder

                    Registrar in Bankruptcy of the High Court

                    Senior Presiding Judge for England and Wales

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                    Taxing Master of the Supreme Court

                    Vice-Chancellor

                    Vice-president of the Court of Appeal

                    Vice-president of the Queen’s Bench Division.

 

 

Courts Bill [HL]
Part 6 — Judges

    31

 

     (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, repealing or revoking any enactment.

Flexibility in deployment of judicial resources

 65    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 5 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).

 66    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—

           (a)           criminal causes and matters, and

           (b)           family proceedings as defined by section 65 of the 1980 Act.

     (2)    The offices are—

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           (a)           judge of the High Court;

           (b)           deputy judge of the High Court;

           (c)           Circuit judge;

           (d)           deputy Circuit judge;

           (e)           recorder.

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     (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.

     (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

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proceedings of any description, and

 

 

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

    32

 

           (b)           a Circuit judge, deputy Circuit judge or recorder is qualified to sit as a

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.

 67    Removal of restriction on Circuit judges sitting on certain appeals

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Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases

to have effect.

Part 7

Procedure rules and practice directions

Criminal Procedure Rules and practice directions

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 68    Meaning of “criminal court”

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;

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                  (ii)                a magistrates’ court.

 69    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

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Criminal Procedure Rule Committee.

     (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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           (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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 70    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,

 

 

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

    33

 

           (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

courts,

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

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           (e)           one lay justice,

           (f)           one justices’ clerk,

           (g)           the Director of Public Prosecutions or a person nominated by the

Director,

           (h)           two persons who have a Supreme Court qualification and who have

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particular experience of practice in criminal courts,

           (i)           two persons who—

                  (i)                 have 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

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                  (ii)                have particular experience of practice in criminal courts,

           (j)           one person who appears to represent the Association of Chief Police

Officers, and

           (k)           two persons who appear to represent voluntary organisations with a

direct interest in the work of criminal courts.

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     (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

Justice; and one of the judges appointed under subsection (2)(b) is to be his

deputy.

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     (5)    The Lord Chancellor may reimburse—

           (a)           the travelling and out-of-pocket expenses of the members of the

Criminal Procedure Rule Committee, and

           (b)           authorised travelling and out-of-pocket expenses of persons invited to

participate in the work of the Committee.

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     (6)    “The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41).

 71    Power to change certain requirements relating to Committee

     (1)    The Lord Chancellor may by order—

           (a)           amend section 70(2) (persons to be appointed to Committee by Lord

Chancellor), and

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           (b)           make consequential amendments in any other provision of section 70.

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

the Lord Chief Justice.

 72    Process for making Criminal Procedure Rules

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

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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 Criminal Procedure Rule Committee must be—

 

 

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

    34

 

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

           (b)           submitted to the Lord Chancellor.

     (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.

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     (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

           (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.

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     (6)    Subject to subsection (7), a statutory instrument containing Criminal Procedure

Rules is subject to annulment in pursuance of a resolution of either House of

Parliament.

     (7)           A statutory instrument containing rules altered by the Lord Chancellor is of no

effect unless approved by a resolution of each House of Parliament before the

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day referred to in subsection (5)(a).

 73    Power to amend legislation in connection with the rules

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

order amend, repeal or revoke any enactment to the extent that he considers

necessary or desirable—

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

           (b)           in consequence of section 69 or 72 or Criminal Procedure Rules.

 74    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.

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

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

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

Justice or any other person,

           (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

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proceedings or for a specific jurisdiction.

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

concurrence of the Lord Chancellor, giving directions which contain guidance

as to law or making judicial decisions.

 

 

 
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