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House of Lords

Session 2002 - 03 Internet Publications Other Bills before Parliament

Courts Bill [HL]

Courts Bill [HL]
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Lord Chancellor’s Department, are
published separately as HL Bill 12—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Chancellor has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Courts Bill [HL] are compatible with the Convention
rights.
HL Bill 12 53/2
Courts Bill [HL]     iii
Contents
Part 1
Maintaining the court system
The general duty
1        The general duty
Court staff and accommodation
2        Court officers, staff and services
3        Provision of accommodation
Court administration councils
4        Establishment of court administration councils
5        Role of court administration councils
Abolition of magistrates’ courts committees
6        Abolition of magistrates’ courts committees, etc.
Part 2
Justices of the peace
The commission of the peace and local justice areas
7        The commission of the peace for England and Wales
8        Local justice areas
Lay justices
9        Meaning of “lay justice”
10        Appointment of lay justices etc.
11        Retirement and removal of lay justices
12        Lay justices’ allowances
13        Records of lay justices
Chairman and deputy chairmen and the bench
14        Chairman and deputy chairmen: selection
15        Rights to preside and size of bench
HL Bill 12 53/2
Courts Bill [HL]     iv
16        Rules about chairmen, deputy chairmen and the bench: supplementary
District Judges (Magistrates’ Courts)
17        Appointment etc.
18        Senior District Judge (Chief Magistrate)
19        Deputy District Judges (Magistrates’ Courts)
20        District Judges (Magistrates’ Courts) as justices of the peace
21        District Judges (Magistrates’ Courts) able to act alone
Justices’ clerks and assistant clerks
22        Justices’ clerks and assistant clerks
23        Functions
24        Independence
Places, dates and times of sittings
25        Places, dates and times of sittings
Protection and indemnification of justices and justices’ clerks
26        Immunity for acts within jurisdiction
27        Immunity for certain acts beyond jurisdiction
28        Striking out proceedings where action prohibited
29        Costs in legal proceedings
30        Indemnity
Fines officers and designated officers
31        Fines officers
32        Designated officers and magistrates’ courts
Application of receipts of magistrates’ courts etc.
33        Application of receipts of designated officers
34        Limits to requirements about application of receipts
35        Regulations about payments, accounting and banking by designated officers
Miscellaneous
36        Disqualification of lay justices who are members of local authorities
37        Effect of Act of Settlement on existing justices of the peace
Part 3
Magistrates’ courts
Criminal jurisdiction and procedure
38        Summons or warrant for suspected offender
39        Trial of summary offences
40        Power to make rulings at pre-trial hearings
41        Power to transfer criminal cases
Courts Bill [HL]     v
Civil jurisdiction and procedure
42        Jurisdiction to issue summons and deal with complaints
43        Power to transfer civil proceedings (other than family proceedings)
Family proceedings courts and youth courts
44        Family proceedings courts
45        Youth courts
Part 4
Court security
46        Court security officers
47        Powers of search
48        Powers to exclude, remove or restrain persons
49        Surrender and seizure of articles
50        Powers to retain articles surrendered or seized
51        Regulations about retention of articles
52        Assaulting and obstructing court security officers
Part 5
Inspectors of court administration
53        Inspectors of court administration etc.
54        Functions of inspectors
55        Functions of Chief Inspector
56        Rights of entry and inspection
Part 6
Judges
Offices, titles, styles etc.
57        Head and Deputy Head of Civil Justice
58        Ordinary judges of the Court of Appeal
59        Power to alter judicial titles
Flexibility in deployment of judicial resources
60        District Judges (Magistrates’ Courts) as Crown Court judges etc.
61        Judges having powers of District Judges (Magistrates’ Courts)
62        Removal of restriction on Circuit judges sitting on certain appeals
Part 7
Procedure rules and practice directions
Criminal Procedure Rules and practice directions
63        Meaning of “criminal court”
64        Criminal Procedure Rules
65        Criminal Procedure Rule Committee
Courts Bill [HL]     vi
66        Power to change certain requirements relating to Committee
67        Process for making Criminal Procedure Rules
68        Power to amend legislation in connection with the rules
69        Practice directions as to practice and procedure of the criminal courts
Family Procedure Rules and practice directions
70        Family Procedure Rules
71        Further provision about scope of Family Procedure Rules
72        Family Procedure Rule Committee
73        Power to change certain requirements relating to Committee
74        Process for making Family Procedure Rules
75        Power to amend legislation in connection with the rules
76        Practice directions relating to family proceedings
Civil Procedure Rules
77        Civil Procedure Rules
78        Civil Procedure Rule Committee
79        Power to change certain requirements relating to Committee
80        Process for making Civil Procedure Rules
Part 8
Miscellaneous
Provisions relating to criminal procedure and appeals
81        Alteration of place fixed for Crown Court trial
82        Appeals to Court of Appeal: procedural directions
83        Prosecution appeals from Court of Appeal
84        Retirement age of Registrar of Criminal Appeals
85        Appeals to Courts-Martial Appeal Court: procedural directions
86        Defence Council appeals from Courts-Martial Appeal Court
Fees, costs and fines
87        Fees
88        Award of costs against third parties
89        Fixing of fines: failure to furnish statement of financial circumstances
Register of judgments etc. and execution of writs
90        Register of judgments and orders etc.
91        High Court writs of execution
Damages
92        Periodical payments
93        Periodical payments: security
Provisions relating to Northern Ireland
94        Power to alter judicial titles: Northern Ireland
95        Official Solicitor of Northern Ireland
Courts Bill [HL]     vii
Part 9
Final provisions
96        Interpretation
97        Rules, regulations and orders
98        Minor and consequential amendments, repeals, etc.
99        Commencement
100        Extent
101        Short title
Schedule 1                    —                     Abolition of magistrates’ courts committees: transfers
Schedule 2                    —                     Collection of fines by fines officers
Part 1                    —                     Introduction
Part 2                    —                     The fines collection scheme: main components
Part 3                    —                     Supplementary provisions
Schedule 3                    —                     Pre-trial hearings in magistrates’ courts
Schedule 4                    —                     Further functions conferred on District Judges (Magistrates’
Courts)
Schedule 5                    —                     High Court writs of execution
Schedule 6                    —                     Minor and consequential amendments
Schedule 7                    —                     Repeals

© Parliamentary copyright 2002	Revised 29 November 2002