Part 7 E+WProcedure rules and practice directions

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.

[F1(c)the High Court in relation to its jurisdiction under the Extradition Act 2003.]

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 F2. . . 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.

70Criminal Procedure Rule CommitteeE+W

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

(a)the Lord Chief Justice, and

[F3(b)the persons currently appointed in accordance with subsections (1A) and (1B).]

[F4(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)[F5The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a)a person nominated by the [F6Lord 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 [F7Senior Courts] qualification and who have particular experience of practice in criminal courts,

(i)two persons who—

(i)have been [F8authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F7Senior Courts], and

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

(j)one person who appears to represent [F9the National Police Chiefs' Council], and

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

[F10(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.]

[F11(3)Before appointing a person in accordance with subsection (1A), [F12other 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.

[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).

71Power to change certain requirements relating to CommitteeE+W

(1)The Lord Chancellor may by order—

[F14(a)amend section 70(2) or (3A), and]

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

[F15(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.]

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.

[F16(3)The Lord Chancellor may F17. . . 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 [F18and 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)F19. . . a statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2172ARules 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)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

F231The Lord Chancellor may, F24. . . [F25F24. . . 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.

[F26(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.]

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

(1)[F27Directions 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 [F28 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 [F29under 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.

[F30(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.]

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 proceedingsF31...

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F32(3)Family proceedings” means—

(a)proceedings in the family court, and

(a)proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other.]

(4)The power to make Family Procedure Rules includes power to make different provision for [F33different 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.

(5)Any power to make F34. . . 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.

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 F35. . . 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

[F36(aa)provide, subject to any provision that may be made in rules under section 31O(1) of the Matrimonial and Family Proceedings Act 1984, for any functions of a court in family proceedings to be carried out by officers or other staff of the court.]

F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(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 proceedingsF39....

(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.

77Family Procedure Rule CommitteeE+W

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

(a)the President of the Family Division, and

[F40(b)the persons currently appointed in accordance with subsections (1A) and (1B).]

[F41(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)[F42The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a)two judges of the [F43Senior Courts], at least one of whom must be a puisne judge attached to the Family Division,

(b)one Circuit judge,

[F44(ba)one judge of the family court who sits exclusively or primarily in Wales,]

[F45(c)one person who is either a district judge of the principal registry of the Family Division or a district judge appointed under section 6 of the County Courts Act 1984,]

(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 [F43Senior Courts] qualification, and

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

F46(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)one person who has—

(i)a [F43Senior Courts] qualification, and

(ii)particular experience of family practice in [F47the family court],

(k)one person who—

(i)has been [F48authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F43Senior Courts], and

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

F49(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)one person who—

(i)has been so [F50authorised], and

(ii)has particular experience of family practice in [F51the family court],

(n)one person nominated by CAFCASS, F52...

[F53(na)one person nominated by the Welsh Ministers to represent the interests of Welsh family proceedings officers (within the meaning given by section 35(4) of the Children Act 2004), 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 [F54in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and] the President of the Family Division.

(4)F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before appointing a person [F56in 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

[F57(b)is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).]

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

[F58(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.]

[F59(8)In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

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 [F60or Lord Chief Justice]), and

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

[F61(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.

[F62(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.]

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.

[F63(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, [F64and 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)F65. . . a statutory instrument containing Family Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6779ARules 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.]

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

F681The Lord Chancellor may [F69, 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.

[F70(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.]

81Practice directions relating to family proceedingsE+W

(1)[F71Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005] as to the practice and procedure of—

[F72(za)the civil division of the Court of Appeal [F73in proceedings on appeal from the Family Division of the High Court or from the family court],

[F74(zb)the Family Division of the High Court in proceedings which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and

(aa)the family court.]

(2)Directions as to the practice and procedure [F75mentioned in subsection (1) which are] [F76given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.]

[F77(2A)Directions as to the practice and procedure [F78mentioned in subsection (1)] (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 [F79mentioned in subsection (1),] whether given [F80under 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.

[F81(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.]

[F82(5)In this section—

• “Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;]

• F83...]

Civil Procedure RulesE+W

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 [F84Senior Courts] 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.”