Part 7 E+W Procedure rules and practice directions

Modifications etc. (not altering text)

C1 Pt. 7 modified (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(4), 94(1); S.I. 2008/755, art. 15(1)(f)

Criminal Procedure Rules and practice directions E+W

70 Criminal Procedure Rule Committee E+W

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

(a) the Lord Chief Justice, and

[F1 (b) the persons currently appointed in accordance with subsections (1A) and (1B).]

[F2 (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) [F3 The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a) a person nominated by the Secretary of State,

(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.

[F4 (3) Before appointing a person in accordance with subsection (1A), 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.

[F5 (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

F1 S. 70(1)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F2 S. 70(1A)(1B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F3 Words in s. 70(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F4 S. 70(3)(3A) substituted (3.4.2006) for s. 70(3) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F5 S. 70(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)