Courts Act 2003 (c. 39)

(The document as of February, 2008)

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(b) the rules are both simple and simply expressed. "

(2) "The 1997 Act" means the Civil Procedure Act 1997 (c. 12).

83 Civil Procedure Rule Committee

(1) For section 2(1)(a) and (b) of the 1997 Act (ex officio members of the Committee) substitute--

" (aa) the Head of Civil Justice,

(ab) the Deputy Head of Civil Justice (if there is one),

(a) the Master of the Rolls (unless he holds an office mentioned in paragraph (aa) or (ab)), and " .

(2) For section 2(2)(a) of the 1997 Act (one judge of the Supreme Court to be appointed to Committee) substitute--

" (a) either two or three judges of the Supreme Court, " .

(3) For section 2(2)(g) and (h) of the 1997 Act (appointment of persons with experience etc. of lay advice sector and consumer affairs) substitute " and

(g) two persons with experience in and knowledge of the lay advice sector or consumer affairs. "

84 Power to change certain requirements relating to Committee

After section 2 of the 1997 Act insert--

" 2A Power to change certain requirements relating to Committee

(1) The Lord Chancellor may by order--

(a) amend section 2(2) (persons to be appointed to Committee by Lord Chancellor), and

(b) make consequential amendments in any other provision of section 2.

(2) Before making an order under this section the Lord Chancellor must consult--

(a) the Head of Civil Justice,

(b) the Deputy Head of Civil Justice (if there is one), and

(3) The power to make an order under this section is exercisable by statutory instrument.

(4) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament. "

85 Process for making Civil Procedure Rules

(1) Omit section 2(6) to (8) of the 1997 Act (process for making Civil Procedure Rules).

(2) For section 3 of the 1997 Act (section 2: supplementary) substitute--

" 3 Process for making Civil Procedure Rules

(1) The Civil Procedure Rule Committee must, before making Civil Procedure Rules--

(a) consult such persons as they consider appropriate, and

(b) meet (unless it is inexpedient to do so).

(2) Rules made by the Civil Procedure Rule Committee must be--

(a) signed by a majority of the members of the Committee, and

(b) submitted to the Lord Chancellor.

(3) The Lord Chancellor may allow, disallow or alter rules so made.

(4) Before altering rules so made the Lord Chancellor must consult the Committee.

(5) Rules so made, as allowed or altered by the Lord Chancellor--

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

(6) Subject to subsection (7), a statutory instrument containing Civil Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a). "

Part 8 Miscellaneous

Provisions relating to criminal procedure and appeals

86 Alteration of place fixed for Crown Court trial

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.

87 Appeals to Court of Appeal: procedural directions

(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--

" 31B Procedural directions: powers of single judge and registrar

(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

31C Appeals against procedural directions

(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).

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 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. "

89 Retirement age of Registrar of Criminal Appeals

(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 " .

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). " ,

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--

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--

(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.

36C Appeals against procedural directions

(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.

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.

(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. "

Fees and costs

92 Fees

(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

(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;

(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;

(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.

93 Award of costs against third parties

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

" 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 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. "

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) 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".

Fines

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

(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).

96 Recovery of fines etc. by deductions from income support: failure to provide information

(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

(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. "

97 Collection of fines and discharge of fines by unpaid work

(1) Schedule 5 contains provisions about the collection of fines.

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