Part 7E+WProcedure rules and practice directions

Modifications etc. (not altering text)

Criminal Procedure Rules and practice directionsE+W

70Criminal Procedure Rule CommitteeE+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)[F3The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a)a person nominated by the [F4Lord 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,

[F5(f)one person authorised under section 28(1) (authorisation to provide legal advice to justices of the peace),]

(g)the Director of Public Prosecutions or a person nominated by the Director,

(h)two persons who have a [F6Senior Courts] qualification and who have particular experience of practice in criminal courts,

(i)two persons who—

(i)have been [F7authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F6Senior Courts], and

(ii)have particular experience of practice in criminal courts,

(j)one person who appears to represent [F8the National Police Chiefs' Council], and

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

[F9(2A)In subsection (2)(i)(i) “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

[F10(3)Before appointing a person in accordance with subsection (1A), [F11other 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.

[F12(4A)A person falling within subsection (2)(f) exercising a function as a member of the Criminal Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.]

(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.

[F13(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

F4Words 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(2)(i)(i) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 143(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F8Words in s. 70(2)(j) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(f); S.I. 2017/399, Sch. para. 41

F9S. 70(2A) inserted (1.1.2010) by Legal Services Act 2007, ss. 208, 211(2), {Sch. 21 para. 143(b)} (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F11Words 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)