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Courts Bill [HL]


Courts Bill [HL]
Part 8 — Miscellaneous

    42

 

                  (ii)                leave to appeal,

                         is granted on or after that date.

     (5)    “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

 88    Extension of time for criminal appeals to House of Lords

     (1)    Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications

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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—

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           “(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

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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—

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           “(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.”

 89    Retirement age of Registrar of Criminal Appeals

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     (1)    In section 92 of the 1981 Act (tenure of offices in Supreme Court)—

           (a)           in subsection (2) (offices with retirement age of 70, but with possibility

of extensions to not beyond 75), omit “except the office of Queen’s

Coroner and Attorney and Master of the Crown Office and Registrar of

Criminal Appeals”,

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           (b)           omit subsections (2D) and (2E) (retirement age of 62 for that office), and

           (c)           in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to

be held during good behaviour), for “to which subsection (1), (2A) or

(2D) applies” substitute “listed in column 1 of Part 1 or 2 of Schedule 2”.

     (2)    In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8)

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(retirement), after the entry relating to a Deputy or temporary Master, Queen’s

Bench Division, insert—

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

and Registrar of Criminal Appeals”.

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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 90    Appeals to Courts-Martial Appeal Court: procedural directions

     (1)    In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the

Appeal Court under Part 2 of that Act exercisable by single judge), in

subsection (1), after paragraph (g) insert—

                  “(h)                    to make orders under section 28(1)(a).”,

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            and at the end of paragraph (f), omit “and”.

     (2)    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).”,

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            and at the end of paragraph (a), omit “and”.

     (3)    After section 36A of that Act insert—

       “36B             Procedural 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—

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                  (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

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                  (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);

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                  (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—

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                  (a)                 when acting under subsection (1);

                  (b)                 of his own motion.

       36C            Appeals against procedural directions

           (1)           Subsection (2) applies if a judge of the Appeal Court gives, or refuses to

give, procedural directions.

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           (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,

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procedural directions.

           (4)           A judge of the Appeal Court may, on an application to him under

subsection (5)—

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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                  (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;

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                  (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

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determined by the Appeal Court, or

                        (iii)                      relate to an appeal.”

     (4)    Sections 36B to 36C of that Act apply to—

           (a)           applications for leave to appeal falling to be determined on or after the

date on which this section comes into force, and

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           (b)           appeals in relation to which leave to appeal is granted on or after that

date.

 91    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.

20

     (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—

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                  (a)                 the date of the Appeal Court’s decision, or

                  (b)                 if later, the date on which the Court gives reasons for its

decision.”

Fees, costs and fines

 92    Fees

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     (1)    The Lord Chancellor may with the consent of the Treasury by order prescribe

fees payable in respect of anything dealt with by—

           (a)           the Supreme Court,

           (b)           county courts, and

           (c)           magistrates’ courts.

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     (2)    In prescribing fees payable under subsection (1), the Lord Chancellor shall

have regard to the need to facilitate access to justice.

     (3)    An order under this section may, in particular, contain provision as to—

           (a)           scales or rates of fees;

           (b)           exemptions from or reductions in fees;

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           (c)           remission of fees in whole or in part.

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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     (4)    The Lord Chancellor may not under this section prescribe fees which he or

another authority has power to prescribe apart from this section.

     (5)    Before making an order under this section, the Lord Chancellor must consult—

           (a)           the Lord Chief Justice;

           (b)           the Master of the Rolls;

5

           (c)           the President of the Family Division;

           (d)           the Vice Chancellor;

           (e)           the Head of Civil Justice;

           (f)           the Deputy Head of Civil Justice (if there is one).

     (6)    Before making an order under this section in relation to civil proceedings, the

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Lord Chancellor must consult the Civil Justice Council.

     (7)    The Lord Chancellor must take such steps as are reasonably practicable to

bring information about fees to the attention of persons likely to have to pay

them.

     (8)    Fees payable under this section are recoverable summarily as a civil debt.

15

     (9)    Subsection (10) applies in relation to an authority which has power to prescribe

fees payable in any of the courts referred to in subsection (1).

     (10)   Nothing in this section prevents the authority from applying to any extent

provisions contained in an order made under this section; and an instrument

made in exercise of the power is to be read (unless the contrary intention

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appears) as applying those provisions as amended from time to time.

     (11)   The Lord Chancellor may not under this section seek to recover judicial

salaries.

 93    Award of costs against third parties

After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert—

25

       “19B            Provision for award of costs against third parties

           (1)           The Lord Chancellor may by regulations make provision empowering

magistrates’ courts, the Crown Court and the Court of Appeal to make

a third party costs order if the condition in subsection (3) is satisfied.

           (2)           A “third party costs order” is an order as to the payment of costs

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incurred by a party to criminal proceedings by a person who is not a

party to those proceedings (“the third party”).

           (3)           The condition is that—

                  (a)                 there has been serious misconduct (whether or not constituting

a contempt of court) by the third party, and

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                  (b)                 the court considers it appropriate, having regard to that

misconduct, to make a third party costs order against him.

           (4)           Regulations made under this section may, in particular—

                  (a)                 specify types of misconduct in respect of which a third party

costs order may not be made;

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                  (b)                 allow the making of a third party costs order at any time;

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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                  (c)                 make provision for any other order as to costs which has been

made in respect of the proceedings to be varied on, or taken

account of in, the making of a third party costs order;

                  (d)                 make provision for account to be taken of any third party costs

order in the making of any other order as to costs in respect of

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the proceedings.

           (5)           Regulations made under this section in relation to magistrates’ courts

must provide that the third party may appeal to the Crown Court

against a third party costs order made by a magistrates’ court.

           (6)           Regulations made under this section in relation to the Crown Court

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must provide that the third party may appeal to the Court of Appeal

against a third party costs order made by the Crown Court.”

 94          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)

15

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

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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

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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—

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                  (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.

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           (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

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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.”

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Courts Bill [HL]
Part 8 — Miscellaneous

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     (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”.

5

 95    Fixing of fines: failure to furnish statement of financial circumstances

     (1)    In section 128(5) of the 2000 Act (fixing of fines: power of court to make

determination of financial circumstances where offender has failed to co-

operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—

                        “(zi)                                                      has failed to furnish a statement of his financial

10

circumstances in response to a request which is an

official request for the purposes of section 20A of the

Criminal Justice Act 1991 (offence of making false

statements as to financial circumstances),”.

     (2)    “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000

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(c. 6).

Register of judgments etc. and execution of writs

 96    Register of judgments and orders etc.

     (1)    A register is to be kept, in accordance with regulations, of—

           (a)           judgments entered in the High Court;

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           (b)           judgments entered in county courts;

           (c)           administration orders made under section 112 of the County Courts

Act 1984 (c. 28) (power of county courts to make administration

orders);

           (d)           orders restricting enforcement made under section 112A of that Act

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(power of county courts to restrict enforcement of debts in lieu of

administration order);

           (e)           sums which are, for the purposes of the 1980 Act, sums adjudged to be

paid by a conviction or order of a magistrates’ court.

     (2)    “Regulations” means regulations made by the Lord Chancellor for the

30

purposes of this section.

     (3)    The regulations may—

           (a)           provide for prescribed classes of judgments, orders or adjudged sums

to be exempt from registration;

           (b)           prescribe circumstances in which judgments, orders or adjudged sums

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(or classes of them) are to be exempt from registration;

           (c)           prescribe circumstances in which an entry in the register is to be

cancelled;

           (d)           in the case of sums adjudged to be paid by conviction of a magistrates’

court, provide for sums to be registered only in prescribed

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circumstances or subject to prescribed conditions.

     (4)    The Lord Chancellor may fix charges to be made for—

           (a)           making information in an entry in the register available for inspection;

           (b)           carrying out an official search of the register;

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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           (c)           supplying a certified copy of information in an entry in the register.

     (5)    The proceeds of those charges are to be applied in paying the expenses

incurred in maintaining the register; and any surplus is to be paid into the

Consolidated Fund.

     (6)    If there is in force an agreement between the Lord Chancellor and a body

5

corporate relating to the keeping by that body corporate of the register the

register is to be kept by that body corporate.

     (7)    If, under subsection (6), the register is kept by a body corporate—

           (a)           the Lord Chancellor may recover from the body corporate any

expenses incurred by the Lord Chancellor in connection with the

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supply of information to that body for the purposes of the register,

           (b)           subsection (4) applies as if it enabled the Lord Chancellor to fix the

maximum charges to be made (instead of the charges to be made), and

           (c)           subsection (5) does not apply.

     (8)    If subsection (6) ceases to apply to a body corporate as a result of the

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termination (for any reason) of the agreement, the Lord Chancellor may

require the information contained in the entries in the register to be transferred

to such person as he may direct.

 97    High Court writs of execution

     (1)    Schedule 6 contains provisions about High Court writs of execution.

20

     (2)    Any rule of law requiring a writ of execution issued from the High Court to be

directed to a sheriff is abolished.

Damages

 98    Periodical payments

     (1)    For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent)

25

substitute—

       “2            Periodical payments

           (1)           A court awarding damages for future pecuniary loss in respect of

personal injury—

                  (a)                 may order that the damages are wholly or partly to take the

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form of periodical payments, and

                  (b)                 shall consider whether to make that order.

           (2)           A court awarding other damages in respect of personal injury may, if

the parties consent, order that the damages are wholly or partly to take

the form of periodical payments.

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           (3)           A court may not make an order for periodical payments unless satisfied

that the continuity of payment under the order is reasonably secure.

           (4)           For the purpose of subsection (3) the continuity of payment under an

order is reasonably secure if—

                  (a)                 it is protected by a guarantee given under section 6 of or the

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Schedule to this Act,

 

 

 
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