Constitutional Reform Act 2005

Courts Act 2003 (c. 39)

8 (1) Section 74 (practice directions as to practice and procedure of criminal courts) is amended as follows.

(2) In subsection (1) for “The Lord Chief Justice may, with the concurrence of the Lord Chancellor, give directions” substitute “Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

(3) In subsection (2) for the words from “may not be given” to the end substitute

“given otherwise than under subsection (1) may not be given without the approval of—

(a) the Lord Chancellor, and

(b) the Lord Chief Justice.”

(4) In subsection (3)(a) for “by the Lord Chief Justice or any other person” substitute “under subsection (1) or otherwise”.

(5) For subsection (4) substitute—

“(4) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of judicial decisions.

(5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a) after consulting the Lord Chancellor, and

(b) with the approval of the Lord Chief Justice.”