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An application under section 76(3) of the 1981 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court by a judge of the High Court; and accordingly section 76(4) of the 1981 Act ceases to have effect.
(1) In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that Act exercisable by single judge), in subsection (2), after paragraph (h) insert—
“(i) to make orders under section 23(1)(a).”
(2) 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”.
(3) After section 31A of the 1968 Act insert—
(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.
(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.”
(4) Sections 31B to 31C of the 1968 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
(b) appeals in relation to which—
(i) a certificate under Part 1 of the 1968 Act that the case is fit for appeal, or
(ii) leave to appeal,
is granted on or after that date.
(5) “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
(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.”
(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”,
(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) (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”.
(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).”,
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).”,
and at the end of paragraph (a), omit “and”.
(3) After section 36A of that Act insert—
(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.
(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.”
(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
(b) appeals in relation to which leave to appeal is granted on or after that date.
(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.”
(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.
(2) 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;
(c) remission of fees in whole or in part.
(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.
(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;
(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 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.
(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 appears) as applying those provisions as amended from time to time.
After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert—
(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 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
(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;
(b) allow the making of a third party costs order at any time;
(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 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 must provide that the third party may appeal to the Court of Appeal against a third party costs order made by the Crown Court.”
(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”.
(1) Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.
(2) After subsection (1) insert—
“(1A) A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”
(3) In subsection (2)(b), after “may impose” insert “and how it should be paid”.
(4) 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 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),”.
(5) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
(1) Amend section 24 of the Criminal Justice Act 1991 (power to make regulations about recovery of fines etc. by deductions from income support) as follows.
(2) In subsection (2), after paragraph (a) insert—
“(aa) provision that the court may require the offender to provide prescribed information in connection with an application;”.
(3) After subsection (2) insert—
“(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.
(2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—
(a) makes a statement which he knows to be false in a material particular,
(b) recklessly provides a statement which is false in a material particular, or
(c) knowingly fails to disclose any material fact.
(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.”
(1) Schedule 5 contains provisions about the collection of fines.
(2) Schedule 6 contains provisions about the discharge of fines by means of unpaid work.
(3) Subsections (4) to (9) apply in relation to each of those Schedules.
(4) The Schedule is to have effect only in accordance with—
(a) subsections (5) and (6) (pilot schemes), or
(b) subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots).
(5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to the local justice area or areas specified in the order for the period specified in the order.
(6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.
(7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—
(a) in all local justice areas, and
(b) indefinitely.
(8) “The relevant period” means—
(a) if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;
(b) if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date.
(9) An order under subsection (7) may make such amendments of—
(a) the Schedule, and
(b) any other enactments,
as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).
(1) A register is to be kept, in accordance with regulations, of—
(a) judgments entered in the High Court;
(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 (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 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 (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 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;
(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 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 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 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.
(1) Schedule 7 contains provisions about High Court writs of execution.
(2) Any rule of law requiring a writ of execution issued from the High Court to be directed to a sheriff is abolished.
(1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent) substitute—
(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 form of periodical payments, and
(b) shall consider whether to make that order.
Courts Act 2003