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Other supplementary provisions | |
25 (1) Fines collection regulations may, for the purpose of giving effect to this | |
Schedule and section 31, make provision modifying any enactment which | |
relates to the enforcement of sums due. | |
(2) Different modifications may be made for different cases. | 5 |
Schedule 3 | |
Section 40 | |
Pre-trial hearings in magistrates’ courts | |
After section 8 of the 1980 Act, insert— | |
“Pre-trial hearings | |
8A Power to make rulings at pre-trial hearing | 10 |
(1) For the purposes of this section a hearing is a pre-trial hearing if— | |
(a) it relates to an information— | |
(i) which is to be tried summarily, and | |
(ii) to which the accused has pleaded not guilty, and | |
(b) it takes place before the start of the trial. | 15 |
(2) For the purposes of subsection (1)(b), the start of a summary trial | |
occurs when the court begins— | |
(a) to hear evidence from the prosecution at the trial, or | |
(b) to consider whether to exercise its power under section 37(3) | |
of the Mental Health Act 1983 (power to make hospital order | 20 |
without convicting the accused). | |
(3) At a pre-trial hearing, a magistrates’ court may make a ruling as to | |
any matter mentioned in subsection (4) if— | |
(a) the condition in subsection (5) is met, | |
(b) the court has given the parties an opportunity to be heard, | 25 |
and | |
(c) it appears to the court that it is in the interests of justice to | |
make the ruling. | |
(4) The matters are— | |
(a) any question as to the admissibility of evidence; | 30 |
(b) any other question of law relating to the case. | |
(5) The condition is that, if the accused is not legally represented, the | |
court must— | |
(a) ask whether he wishes to be granted a right to representation | |
funded by the Legal Services Commission as part of the | 35 |
Criminal Defence Service, and | |
(b) if he does, decide whether or not to grant him that right. | |
(6) A ruling may be made under this section— | |
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(a) on an application by a party to the case, or | |
(b) of the court’s own motion. | |
(7) For the purposes of this section and section 8B, references to the | |
prosecutor are to any person acting as prosecutor, whether an | |
individual or body. | 5 |
8B Effect of rulings at pre-trial hearing | |
(1) Subject to subsections (3) and (6), a ruling under section 8A has | |
binding effect from the time it is made until the case against the | |
accused or, if there is more than one, against each of them, is | |
disposed of. | 10 |
(2) The case against an accused is disposed of if— | |
(a) he is acquitted or convicted, | |
(b) the prosecutor decides not to proceed with the case against | |
him, or | |
(c) the information is dismissed. | 15 |
(3) A magistrates’ court may discharge or vary (or further vary) a ruling | |
under section 8A if— | |
(a) the condition in section 8A(5) is met, | |
(b) the court has given the parties an opportunity to be heard, | |
and | 20 |
(c) it appears to the court that it is in the interests of justice to do | |
so. | |
(4) The court may act under subsection (3)— | |
(a) on an application by a party to the case, or | |
(b) of its own motion. | 25 |
(5) No application may be made under subsection (4)(a) unless there has | |
been a material change of circumstances since the ruling was made | |
or, if a previous application has been made, since the application (or | |
last application) was made. | |
(6) A ruling under section 8A is discharged in relation to an accused if | 30 |
the magistrates’ court subsequently inquires into the information | |
charging him as examining justices (whether under section 25(2) or | |
(6) or for some other reason). | |
8C Restrictions on reporting | |
(1) Except as provided by this section— | 35 |
(a) no written report of matters falling within subsection (2) may | |
be published in England and Wales; | |
(b) no report of matters falling within subsection (2) may be | |
included in a relevant programme for reception in England | |
and Wales. | 40 |
(2) The following matters fall within this subsection— | |
(a) a ruling under section 8A; | |
(b) proceedings on an application for a ruling under section 8A; | |
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(c) an order under section 8B that a ruling under section 8A be | |
discharged, varied or further varied; | |
(d) proceedings on an application under section 8B for a ruling | |
under section 8A to be discharged, varied or further varied. | |
(3) A magistrates’ court dealing with any matter falling within | 5 |
subsection (2) may order that subsection (1) does not apply, or does | |
not apply to a specified extent, to a report of the matter. | |
(4) Where there is only one accused and he objects to the making of an | |
order under subsection (3)— | |
(a) the court may make the order if (and only if) satisfied after | 10 |
hearing the representations of the accused that it is in the | |
interests of justice to do so, and | |
(b) if the order is made, it shall not apply to the extent that a | |
report deals with any such objection or representations. | |
(5) Where there are two or more accused and one or more of them | 15 |
objects to the making of an order under subsection (3)— | |
(a) the court may make the order if (and only if) satisfied after | |
hearing the representations of each of the accused that it is in | |
the interests of justice to do so, and | |
(b) if the order is made, it shall not apply to the extent that a | 20 |
report deals with any such objection or representations. | |
(6) Subsection (1) does not apply to— | |
(a) the publication of a report of matters, or | |
(b) the inclusion in a relevant programme of a report of matters, | |
after the case against the accused or, if more than one, against each | 25 |
of them, is disposed of. | |
(7) Nothing in this section affects any prohibition or restriction imposed | |
by virtue of any other enactment on a publication or on matter | |
included in a programme. | |
(8) In this section and in section 8D— | 30 |
(a) “publish”, in relation to a report, means publish the report, | |
either by itself or as part of a newspaper or periodical, for | |
distribution to the public, and related expressions shall be | |
construed accordingly; | |
(b) “relevant programme” means a programme included in a | 35 |
programme service, within the meaning of the Broadcasting | |
Act 1990. | |
8D Offences in connection with reporting | |
(1) If a report is published or included in a relevant programme in | |
contravention of section 8C each of the following persons is guilty of | 40 |
an offence— | |
(a) in the case of a publication of a written report as part of a | |
newspaper or periodical, any proprietor, editor or publisher | |
of the newspaper or periodical; | |
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(b) in the case of a publication of a written report otherwise than | |
as part of a newspaper or periodical, the person who | |
publishes it; | |
(c) in the case of the inclusion of a report in a relevant | |
programme, any body corporate which is engaged in | 5 |
providing the service in which the programme is included | |
and any person having functions in relation to the | |
programme corresponding to those of an editor of a | |
newspaper. | |
(2) A person guilty of an offence under this section is liable on summary | 10 |
conviction to a fine of an amount not exceeding level 5 on the | |
standard scale. | |
(3) Proceedings for an offence under this section may not be instituted | |
otherwise than by or with the consent of the Attorney General.” | |
Schedule 4 | 15 |
Section 60 | |
Further functions conferred on District Judges (Magistrates’ Courts) | |
Criminal Justice Act 1967 (c. 80) | |
1 In section 9(5) (requirement for author of written statement to give evidence | |
in person), for “by a puisne judge of the High Court, a Circuit judge or | |
Recorder sitting alone” substitute “by any of the following sitting alone— | 20 |
“(a) a puisne judge of the High Court; | |
(b) a Circuit judge; | |
(c) a District Judge (Magistrates’ Courts); | |
(d) a Recorder.” | |
Taxes Management Act 1970 (c. 9) | 25 |
2 In— | |
(a) section 20D(1)(a) (meaning of “the appropriate judicial authority” in | |
relation to England and Wales), and | |
(b) paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply | |
with order under section 20BA), | 30 |
after “Circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
Juries Act 1974 (c. 23) | |
3 In section 9B, for subsection (3) (meaning of “the judge” for purposes of | |
discharge of person incapable of acting effectively as juror) substitute— | |
“(3) In this section and section 10 “the judge” means— | 35 |
(a) a judge of the High Court, | |
(b) a Circuit judge, | |
(c) a District Judge (Magistrates’ Courts) sitting as a judge of the | |
Crown Court, or | |
(d) a Recorder.” | 40 |
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4 In section 10 (discharge of summons in case of doubt as to capacity to act | |
effectively as juror) omit “and for this purpose “the judge” means any judge | |
of the High Court or any Circuit judge or Recorder”. | |
Police and Criminal Evidence Act 1984 (c. 60) | |
5 In section 9(2A) (application of enactments relating to execution of process | 5 |
in Scotland or Northern Ireland to processes issued by a circuit judge under | |
Schedule 1 to 1984 Act), for “circuit judge” substitute “judge”. | |
6 (1) In Schedule 1 (applications for access to excluded or special procedure | |
material) for “circuit judge”, in each place, substitute “judge”. | |
(2) After paragraph 16 insert— | 10 |
“17 In this Schedule “judge” means a Circuit judge or a District Judge | |
(Magistrates’ Courts).” | |
Computer Misuse Act 1990 (c. 18) | |
7 (1) In section 14(1) (search warrants for offences under section 1) after “a Circuit | |
judge” insert “or a District Judge (Magistrates’ Courts)”. | 15 |
Data Protection Act 1998 (c. 29) | |
8 In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after | |
“circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
Terrorism Act 2000 (c. 11) | |
9 In Schedule 5 (terrorist investigations: information), in paragraphs 5(1), | 20 |
(4)(a) and (5), 6(1), 7(1)(b), 10(1), 11(1), 12(1) and (2), 13(1) and 18(g), after | |
“Circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
10 In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” | |
insert “or a District Judge (Magistrates’ Courts)”. | |
11 In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a | 25 |
Circuit judge,” substitute “a Circuit judge or a District Judge (Magistrates’ | |
Courts),”. | |
Regulation of Investigatory Powers Act 2000 (c. 23) | |
12 In Schedule 2 (persons who have the appropriate permission), in paragraph | |
1(1)(a), after “Circuit judge” insert “or a District Judge (Magistrates’ | 30 |
Courts)”. | |
Freedom of Information Act 2000 (c. 36) | |
13 In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after | |
“Circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
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International Criminal Court Act 2001 (c. 17) | |
14 In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) | |
and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” | |
substitute “— | |
(a) a Circuit judge or a District Judge (Magistrates’ Courts), or | 5 |
(b) in Northern Ireland, a county court judge,”. | |
Armed Forces Act 2001 (c. 19) | |
15 In section 6(2)(a) (applications for access to excluded or special procedure | |
material), for “circuit judges” substitute “judges”. | |
Schedule 5 | 10 |
Section 91 | |
High Court writs of execution | |
Enforcement officers: general | |
Districts for writs of execution enforced by enforcement officers | |
1 (1) England and Wales is to be divided into districts for the purposes of this | |
Schedule. | 15 |
(2) The districts are to be those specified in regulations made under paragraph | |
12. | |
Enforcement officers: authorisation and assignment to districts | |
2 (1) An enforcement officer is an individual who is authorised to act as such by | |
the Lord Chancellor or a person acting on his behalf. | 20 |
(2) The Lord Chancellor or a person acting on his behalf must assign at least one | |
enforcement officer to each district. | |
(3) The Lord Chancellor or a person acting on his behalf may— | |
(a) assign an enforcement officer to more than one district, and | |
(b) change any assignment of an enforcement officer so that he is | 25 |
assigned to a different district or to different districts. | |
Direction of writs of execution to enforcement officers | |
3 (1) A writ of execution issued from the High Court may be directed— | |
(a) if only one enforcement officer is assigned to the district in which the | |
writ is to be executed, to that officer, | 30 |
(b) if two or more enforcement officers are assigned to that district, to | |
those officers collectively, or | |
(c) to a named enforcement officer who, whether or not assigned to that | |
district, has undertaken to execute the writ. | |
(2) In this paragraph “writ of execution” does not include— | 35 |
(a) a writ of sequestration, or | |
(b) a writ relating to ecclesiastical property. | |
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Enforcement officers to have traditional powers etc. of sheriff | |
4 (1) This paragraph applies in relation to writs directed to one or more | |
enforcement officers under paragraph 3. | |
(2) The relevant officer has, in relation to the writ, the duties, powers, rights, | |
privileges and liabilities that a sheriff of a county would have had at | 5 |
common law if— | |
(a) the writ had been directed to him, and | |
(b) the district in which it is to be executed had been within his county. | |
(3) “The relevant officer” means— | |
(a) if the writ is directed to a single enforcement officer under paragraph | 10 |
3(1)(a) or (c), that officer; | |
(b) if the writ is directed to two or more enforcement officers collectively | |
under paragraph 3(1)(b), the officer to whom, in accordance with | |
approved arrangements, the execution of the writ is allocated. | |
(4) Sub-paragraph (2) applies to a person acting under the authority of the | 15 |
relevant officer as it applies to the relevant officer. | |
(5) In this Schedule “approved arrangements” means arrangements approved | |
by the Lord Chancellor or a person acting on his behalf. | |
Constable’s duty to assist enforcement officers | |
5 It is the duty of every constable, at the request of— | 20 |
(a) an enforcement officer, or | |
(b) a person acting under the officer’s authority, | |
to assist the officer or that person in the execution of a writ. | |
Writs of execution against goods | |
Application of paragraphs 7 to 11 | 25 |
6 Paragraphs 7 to 11 apply to any writ of execution against goods which is | |
issued from the High Court. | |
Endorsement of writ with date and time of receipt | |
7 (1) If the writ is directed to a single enforcement officer under paragraph 3(1)(a) | |
or (c), that officer must endorse it as soon as possible after receiving it. | 30 |
(2) If the writ is directed to two or more enforcement officers collectively under | |
paragraph 3(1)(b), the individual who, in accordance with approved | |
arrangements, is responsible for allocating its execution to one of those | |
officers, must endorse it as soon as possible after receiving it. | |
(3) If the writ is directed to a person who is not an enforcement officer but is | 35 |
under a duty to execute it, that person must endorse it as soon as possible | |
after receiving it. | |
(4) For the purposes of this paragraph, a person endorses a writ by endorsing | |
on the back of it the date and time when he received it. | |
(5) No fee may be charged for endorsing a writ under this paragraph. | 40 |
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