Part 7 E+WProcedure rules and practice directions

Modifications etc. (not altering text)

Criminal Procedure Rules and practice directionsE+W

68Meaning of “criminal court”E+W

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.

69Criminal Procedure RulesE+W

(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.

(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

(b)for specified descriptions of proceedings or a specified jurisdiction.

(4)Any power to make F1. . . 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.

Textual Amendments

Commencement Information

I1S. 69 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(b)(i) (subject to art. 3)

70Criminal Procedure Rule CommitteeE+W

(1)The Criminal Procedure Rule Committee is to consist of—

(a)the Lord Chief Justice, and

[F2(b)the persons currently appointed in accordance with subsections (1A) and (1B).]

[F3(1A)The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (e) of subsection (2).

(1B)The Lord Chancellor must appoint the persons falling within paragraphs (f) to (k) of subsection (2).]

(2)[F4The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a)a person nominated by the [F5Lord Chancellor] ,

(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 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 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 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

(k)two persons who appear to represent voluntary organisations with a direct interest in the work of criminal courts.

[F6(3)Before appointing a person in accordance with subsection (1A), [F7other than a person falling within subsection (2)(a),] the Lord Chief Justice must consult the Lord Chancellor.

(3A)Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice.]

(4)The Criminal Procedure Rule Committee is to be chaired by the Lord Chief 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

(b)authorised travelling and out-of-pocket expenses of persons invited to participate in the work of the Committee.

[F8(5A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(6)“The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41).

Textual Amendments

F5Words in s. 70(2)(a) substituted (22.8.2007) by The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(2)(a)}

F7Words in s. 70(3) inserted (28.8.2007) by The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(2)(b)}

Modifications etc. (not altering text)

C2S. 70(2)(a): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order 2007/2128, {art. 4(1)(b)} (with art. 7)

71Power to change certain requirements relating to CommitteeE+W

(1)The Lord Chancellor may by order—

[F9(a)amend section 70(2) or (3A), and]

(b)make consequential amendments in any other provision of section 70.

[F10(2)The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

72Process for making Criminal Procedure RulesE+W

(1)The Criminal Procedure Rule Committee must, before making Criminal 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 Criminal Procedure Rule Committee must be—

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

(b)submitted to the Lord Chancellor.

[F11(3)The Lord Chancellor may F12. . . allow or disallow rules so made.

(4)If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.]

(5)Rules so made [F13and allowed] 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 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6)F14. . . a statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Words in s. 72(3) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(3)}

Modifications etc. (not altering text)

C3S. 72(3): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), {art. 4(1)(b)} (with art. 7)

Commencement Information

I2S. 72 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(b)(ii) (subject to art. 3)

[F1672ARules to be made if required by Lord ChancellorE+W

(1)This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal Procedure Rules to include provision that would achieve a purpose specified in the notice.

(2)The Committee must make such rules as it considers necessary to achieve the specified purpose.

(3)Those rules must be—

(a)made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b)made in accordance with section 72.

(4)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F17s. 72A(4) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order 2007/2828, art. 8, {Sch. para. 8(4)}

Modifications etc. (not altering text)

C4S. 72A(4): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), {art. 4(1)(b)} (with art. 7)

73Power to amend legislation in connection with the rulesE+W

F181The Lord Chancellor may, F19. . . [F20F19. . . after consulting the Lord Chief Justice] , by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—

(a)in order to facilitate the making of Criminal Procedure Rules, or

(b)in consequence of section 69 or 72 or Criminal Procedure Rules.

[F21(2)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F19Words in s. 73(1) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(5)}

Modifications etc. (not altering text)

C5S. 73(1): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), {art. 4(1)(b)} (with art. 7)

Commencement Information

I3S. 73 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(b)(iii) (subject to art. 3)

74Practice directions as to practice and procedure of the criminal courtsE+W

(1)[F22Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005] as to the practice and procedure of the criminal courts.

(2)Directions as to the practice and procedure of the criminal courts [F23 given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.]

(3)The power to give directions under subsection (1) includes power—

(a)to vary or revoke directions as to the practice and procedure of the criminal courts (or any of them), whether given [F24under subsection (1) or otherwise] ,

(b)to give directions containing different provision for different cases (including different areas), and

(c)to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

[F25(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.]

Textual Amendments

Family Procedure Rules and practice directionsE+W

75Family Procedure RulesE+W

(1)There are to be rules of court (to be called “Family Procedure Rules”) governing the practice and procedure to be followed in family proceedings in—

(a)the High Court,

(b)county courts, and

(c)magistrates' courts.

(2)Family Procedure Rules are to be made by a committee known as the Family Procedure Rule Committee.

(3)“Family proceedings”, in relation to a court, means proceedings in that court which are family proceedings as defined by either—

(a)section 65 of the 1980 Act, or

(b)section 32 of the Matrimonial and Family Proceedings Act 1984 (c. 42).

(4)The power to make Family Procedure Rules includes power to make different provision for different areas, including different provision—

(a)for a specified court or description of courts, or

(b)for specified descriptions of proceedings or a specified jurisdiction.

(5)Any power to make F26. . . Family Procedure Rules is to be exercised with a view to securing that—

(a)the family justice system is accessible, fair and efficient, and

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

Textual Amendments

Commencement Information

I4S. 75 partly in force; s. 75 not in force at Royal Assent see s. 110(1)(2); s. 75 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(a) (with arts. 2(1), 3)

76Further provision about scope of Family Procedure RulesE+W

(1)Family Procedure Rules may not be made in respect of matters which may be dealt with in probate rules made F27. . . under section 127 of the 1981 Act.

(2)Family Procedure Rules may —

(a)modify or exclude the application of any provision of the County Courts Act 1984 (c. 28), and

(b)provide for the enforcement in the High Court of orders made in a divorce county court.[F28 or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)]

[F29(2A)Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.]

(3)Family Procedure Rules may modify the rules of evidence as they apply to family proceedings in any court within the scope of the rules.

(4)Family Procedure Rules may apply any rules of court (including in particular Civil Procedure Rules) which relate to—

(a)courts which are outside the scope of Family Procedure Rules, or

(b)proceedings other than family proceedings.

(5)Any rules of court, not made by the Family Procedure Rule Committee, which apply to proceedings of a particular kind in a court within the scope of Family Procedure Rules may be applied by Family Procedure Rules to family proceedings in such a court.

(6)In subsections (4) and (5) “rules of court” includes any provision governing the practice and procedure of a court which is made by or under an enactment.

(7)Where Family Procedure Rules may be made by applying other rules, the other rules may be applied—

(a)to any extent,

(b)with or without modification, and

(c)as amended from time to time.

(8)Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.

Textual Amendments

F29S. 76(2A) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(7); S.I. 2005/847, art. 2

Commencement Information

I5S. 76 partly in force; s. 76 not in force at Royal Assent see s. 110(1)(2); s. 76 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(b) (with arts. 2(1), 3)

77Family Procedure Rule CommitteeE+W

(1)The Family Procedure Rule Committee is to consist of—

(a)the President of the Family Division, and

[F30(b)the persons currently appointed in accordance with subsections (1A) and (1B).]

[F31(1A)The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).

(1B)The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).]

(2)[F32The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a)two judges of the Supreme Court, at least one of whom must be a puisne judge attached to the Family Division,

(b)one Circuit judge,

(c)one district judge of the principal registry of the Family Division,

(d)one district judge appointed under section 6 of the County Courts Act 1984 (c. 28),

(e)one District Judge (Magistrates' Courts),

(f)one lay justice,

(g)one justices' clerk,

(h)one person who has—

(i)a Supreme Court qualification, and

(ii)particular experience of family practice in the High Court,

(i)one person who has—

(i)a Supreme Court qualification, and

(ii)particular experience of family practice in county courts,

(j)one person who has—

(i)a Supreme Court qualification, and

(ii)particular experience of family practice in magistrates' courts,

(k)one person who—

(i)has been granted by an authorised body, under Part 2 of the 1990 Act, the right to conduct litigation in relation to all proceedings in the Supreme Court, and

(ii)has particular experience of family practice in the High Court,

(l)one person who—

(i)has been so granted that right, and

(ii)has particular experience of family practice in county courts,

(m)one person who—

(i)has been so granted that right, and

(ii)has particular experience of family practice in magistrates' courts,

(n)one person nominated by CAFCASS, and

(o)one person with experience in and knowledge of the lay advice sector or the system of justice in relation to family proceedings.

(3)Before appointing a person [F33in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and] the President of the Family Division.

(4)F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before appointing a person [F35in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult] any body which—

(a)has members eligible for appointment under the provision in question, and

(b)is an authorised body for the purposes of section 27 or 28 of the 1990 Act.

(6)The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.

[F36(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

78Power to change certain requirements relating to CommitteeE+W

(1)The Lord Chancellor may by order—

(a)amend section 77(2) (persons to be appointed to Committee by Lord Chancellor [F37or Lord Chief Justice]), and

(b)make consequential amendments in any other provision of section 77.

[F38(1A)The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.]

(2)Before making an order under this section the Lord Chancellor must consult the President of the Family Division.

[F39(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

79Process for making Family Procedure RulesE+W

(1)The Family Procedure Rule Committee must, before making Family 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 Family Procedure Rule Committee must be—

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

(b)submitted to the Lord Chancellor.

[F40(3)The Lord Chancellor may allow or disallow rules so made.

(4)If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.]

(5)Rules so made, [F41and allowed] 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 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6)F42. . . a statutory instrument containing Family Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I6S. 79 partly in force; s. 79 not in force at Royal Assent see s. 110(1)(2); s. 79 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(c) (with arts. 2(1), 3)

[F4479ARules to be made if required by Lord ChancellorE+W

(1)This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family Procedure Rules to include provision that would achieve a purpose specified in the notice.

(2)The Committee must make such rules as it considers necessary to achieve the specified purpose.

(3)Those rules must be—

(a)made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b)made in accordance with section 79.]

Textual Amendments

80Power to amend legislation in connection with the rulesE+W

F451The Lord Chancellor may [F46, after consulting the Lord Chief Justice,] by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—

(a)in order to facilitate the making of Family Procedure Rules, or

(b)in consequence of section 75, 76 or 79 or Family Procedure Rules.

[F47(2)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

Commencement Information

I7S. 80 partly in force; s. 80 not in force at Royal Assent see s. 110(1)(2); s. 80 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(d) (with arts. 2(1), 3)

81Practice directions relating to family proceedingsE+W

(1)[F48Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005] as to the practice and procedure of—

[F49(za)the civil division of the Court of Appeal,

(zb)the High Court,]

(a)county courts, and

(b)magistrates' courts,

in family proceedings.

(2)Directions as to the practice and procedure of those courts in family proceedings [F50 given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.]

[F51(2A)Directions as to the practice and procedure of any relevant court in family proceedings (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.]

(3)The power to give directions under subsection (1) includes power—

(a)to vary or revoke directions as to the practice and procedure of [F52any relevant court](or any of them) in family proceedings, whether given [F53under subsection (1) or otherwise] ,

(b)to give directions containing different provision for different cases (including different areas), and

(c)to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

[F54(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.]

[F55(5)In this section—

Textual Amendments

Civil Procedure RulesE+W

Prospective

82Civil Procedure RulesE+W

(1)For section 1(3) of the 1997 Act (general objectives of Civil Procedure Rules) substitute—

“(3)Any power to make or alter Civil Procedure Rules is to be exercised with a view to securing that—

(a)the system of civil justice is accessible, fair and efficient, and

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

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

83Civil Procedure Rule CommitteeE+W

(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.”

84Power to change certain requirements relating to CommitteeE+W

After section 2 of the 1997 Act insert—

“2APower 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

(c)the Master of the Rolls (unless he holds an office mentioned in paragraph (a) or (b)).

(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.”

Prospective

85Process for making Civil Procedure RulesE+W

(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—

“3Process 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).”