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Part 6 | |
Judges | |
Offices, titles, styles etc. | |
57 Head and Deputy Head of Civil Justice | |
(1) The Lord Chancellor must appoint a person to be Head of Civil Justice and may | 5 |
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 | |
(c) an ordinary judge of the Court of Appeal. | 10 |
(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. | |
58 Ordinary judges of the Court of Appeal | |
(1) In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) | |
substitute— | 15 |
“(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). | |
59 Power to alter judicial titles | 20 |
(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— | 25 |
Admiralty Registrar | |
Assistant Recorder | |
Circuit judge | |
Deputy Circuit judge | |
Deputy district judge appointed under section 102 of the 1981 Act | 30 |
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 | 35 |
District probate registrar | |
Lord Chief Justice | |
Master of the Chancery Division | |
Master of the Court of Protection | |
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Master of the Queen’s Bench Division | |
Master of the Rolls | |
Ordinary judge of the Court of Appeal | |
President of the Family Division | |
Presiding Judge for a Circuit | 5 |
Puisne judge of the High Court | |
Queen’s Coroner and Attorney and Master of the Crown Office and | |
Registrar of Criminal Appeals | |
Recorder | |
Registrar in Bankruptcy of the High Court | 10 |
Senior Presiding Judge for England and Wales | |
Taxing Master of the Supreme Court | |
Vice-Chancellor | |
Vice-president of the Court of Appeal | |
Vice-president of the Queen’s Bench Division | 15 |
(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, | 20 |
(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 | 25 |
(1) or (3). | |
(6) The provision that may be made under subsection (5) includes provision | |
amending or repealing any enactment (whenever passed). | |
Flexibility in deployment of judicial resources | |
60 District Judges (Magistrates’ Courts) as Crown Court judges etc. | 30 |
(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 4 contains amendments conferring functions on District Judges | |
(Magistrates’ Courts). | 35 |
(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). | |
61 Judges having powers of District Judges (Magistrates’ Courts) | 40 |
(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— | |
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(a) criminal causes and matters, and | |
(b) family proceedings as defined by section 65 of the 1980 Act. | |
(2) The offices are— | |
(a) judge of the High Court; | |
(b) deputy judge of the High Court; | 5 |
(c) Circuit judge; | |
(d) deputy Circuit judge; | |
(e) recorder. | |
(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. | 10 |
(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 | |
proceedings of any description, and | |
(b) a Circuit judge, deputy Circuit judge or recorder is qualified to sit as a | 15 |
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. | |
62 Removal of restriction on Circuit judges sitting on certain appeals | |
Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases | 20 |
to have effect. | |
Part 7 | |
Procedure rules and practice directions | |
Criminal Procedure Rules and practice directions | |
63 Meaning of “criminal court” | 25 |
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; | |
(ii) a magistrates’ court. | 30 |
64 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 | |
Criminal Procedure Rule Committee. | 35 |
(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. | 5 |
65 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). | 10 |
(2) The Lord Chancellor must appoint— | |
(a) a person nominated by the Secretary of State, | |
(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 | 15 |
courts, | |
(d) one District Judge (Magistrates’ Courts), | |
(e) one lay justice, | |
(f) one justices’ clerk, | |
(g) the Director of Public Prosecutions or a person nominated by the | 20 |
Director, | |
(h) two persons who have a Supreme Court qualification and who have | |
particular experience of practice in criminal courts, | |
(i) two persons who— | |
(i) have been granted by an authorised body, under Part 2 of the | 25 |
1990 Act, the right to conduct litigation in relation to all | |
proceedings in the Supreme Court, and | |
(ii) have particular experience of practice in criminal courts, | |
(j) one person who appears to represent the Association of Chief Police | |
Officers, and | 30 |
(k) two persons who appear to represent voluntary organisations with a | |
direct interest in the work of criminal courts. | |
(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 | 35 |
Justice; and one of the judges appointed under subsection (2)(b) is to be his | |
deputy. | |
(5) The Lord Chancellor may reimburse— | |
(a) the travelling and out-of-pocket expenses of the members of the | |
Criminal Procedure Rule Committee, and | 40 |
(b) authorised travelling and out-of-pocket expenses of persons invited to | |
participate in the work of the Committee. | |
(6) “The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41). | |
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