SCHEDULE

Article 3

Administration of Justice (Miscellaneous Provisions) Act 1933

1.

(1)

Amend section 2 of the Administration of Justice (Miscellaneous Provisions) Act 19332 (procedure for indictment of offenders) as follows.

(2)

In subsection (6)3—

(a)

for “The Lord Chancellor may make rules” substitute “Rules may make provision”, and

(b)

for “in particular for making” substitute “, in particular,”.

(3)

After subsection (6), insert—

“(6A)

In subsection (6) above “rules”—

(a)

in relation to the preferment of a bill of indictment by the direction or with the consent of a judge of the High Court, means rules made by the Lord Chancellor, and

(b)

in any other case, means Criminal Procedure Rules.”

Maintenance Orders (Reciprocal Enforcement) Act 1972

2.

(1)

Amend section 38A4 of the Maintenance Orders (Reciprocal Enforcement) Act 19725 (rules of court) as follows.

(2)

In subsection (1), for the words preceding “may make provision” substitute “Rules of court”.

(3)

In subsection (2), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”.

(4)

Omit subsection (3)6.

(5)

In the section heading, for “Magistrates' courts rules” substitute “Rules of court”.

Greater London Council (General Powers) Act 1972

3.

In section 17(3)(a) of the Greater London Council (General Powers) Act 19727 (duty to give information in certain cases), for “rules made under section 15 of the Justices of the Peace Act 1949” substitute “Criminal Procedure Rules”.

Adoption Act 1976

4.

Amend the Adoption Act 19768 as follows.

5.

In section 619 (evidence of agreement and consent), for “rules” (in both places) substitute “Family Procedure Rules”.

6.

In section 62(2)(c)10 (authorised county courts), for the words from “rules” onwards substitute “Family Procedure Rules”.

7.

(1)

Amend section 65 (duties of officers of the Service) as follows.

(2)

In subsection (1)11, for “rules shall” substitute “Family Procedure Rules shall”.

(3)

In subsection (3)12, for “Rules of court” substitute “Family Procedure Rules”.

8.

(1)

Amend section 66 (rules of procedure) as follows.

(2)

In subsection (1)—

(a)

omit “in regard to any matter to be prescribed under this Act and”, and

(b)

omit “all matters of procedure and”.

(3)

Omit subsection (2)13.

(4)

In each of subsections (3) and (4), for “rules” substitute “Family Procedure Rules”.

(5)

In subsection (5), for “Rules” substitute “Family Procedure Rules”.

9.

In section 72(1)14 (interpretation)—

(a)

in the definition of “prescribed”, for “rules” substitute “Family Procedure Rules”, and

(b)

omit the definition of “rules”.

Magistrates' Courts Act 1980

10.

Omit paragraphs 141 and 142 of Schedule 7 to the Magistrates' Courts Act 198015 (amendments of the Adoption Act 1976).

Supreme Court Act 1981

11.

Amend the Supreme Court Act 198116 as follows.

12.

In each of the following provisions, for “Crown Court Rules” substitute “Rules of court”—

(a)

section 52(1) (costs in the Crown Court),

(b)

section 73(2) (general provisions), and

(c)

section 74(2), (3) and (7)17 (appeals and committals for sentence).

13.

In section 77(1)18 (committal for trial: date of trial), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

14.

In section 81(2) (bail), for “Crown Court Rules” substitute “rules of court”.

15.

(1)

Amend section 84 (power to make rules of court) as follows.

(2)

In subsection (1)19—

(a)

after “prescribing” insert “, except in relation to any criminal cause or matter,”, and

(b)

omit “and the criminal division of the Court of Appeal”.

(3)

In each of subsections (5) and (5A)20—

(a)

in paragraph (a), omit “or”, and

(b)

after paragraph (b), insert—

“(c)

Criminal Procedure Rules, or

(d)

Family Procedure Rules,”.

(4)

In subsection (9)21, after “Civil Procedure Rule Committee”, insert “, the Family Procedure Rule Committee, the Criminal Procedure Rule Committee,”.

16.

(1)

In section 86(1)22 (Crown Court Rule Committee), omit—

(a)

“in relation to the Crown Court and the criminal division of the Court of Appeal”, and

(b)

paragraph (d).

17.

(1)

Amend section 87 (particular matters for which rules of court may provide) as follows.

(2)

In subsection (3)23—

(a)

after “Rules of court” insert “made under section 84”, and

(b)

for “or the criminal division of the Court of Appeal” substitute “(except so far as relating to criminal causes or matters)”.

(3)

In subsection (4), for “Criminal Appeal Rules” substitute “Criminal Procedure Rules”.

(4)

In subsection (5)—

(a)

for “Crown Court Rules” substitute “Rules of court made under section 84”, and

(b)

after “such appeals” insert “(except so far as relating to criminal causes or matters)”.

18.

In section 151(4)24 (interpretation), omit the definitions of “Criminal Appeal Rules” and “Crown Court Rules”.

Local Government (Miscellaneous Provisions) Act 1982

19.

In section 16(6) of the Local Government (Miscellaneous Provisions) Act 198225 (provisions supplementary to ss 14 and 15), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Matrimonial and Family Proceedings Act 1984

20.

Omit paragraph 20(a) of Schedule 1 to the Matrimonial and Family Proceedings Act 198426 (amendment of section 62 of the Adoption Act 1976).

Criminal Justice Act 1987

21.

Amend the Criminal Justice Act 198727 as follows.

22.

In section 6(6)28 (applications for dismissal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

23.

(1)

Amend section 9 (the preparatory hearing) as follows.

(2)

In subsection (6)29—

(a)

for “Crown Court Rules” substitute “Criminal Procedure Rules”, and

(b)

in paragraph (b), for “rules under” substitute “such rules made by virtue of”.

(3)

In subsection (9), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Criminal Justice Act 1988

24.

Amend the Criminal Justice Act 198830 as follows.

25.

In section 31 (form of evidence and glossaries), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

26.

(1)

Amend section 32 (evidence through television links) as follows.

(2)

In subsection (4)—

(a)

for “rules to which this section applies” substitute “Criminal Procedure Rules”, and

(b)

for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3)

Omit subsection (5)31.

27.

(1)

Amend section 159 (crown court proceedings—orders restricting or preventing reports or restricting public access) as follows.

(2)

In subsection (6), omit the words preceding “Rules of Court”.

(3)

For subsection (7)(b), substitute—

“(b)

in subsection (6), before “Rules of Court” there shall be inserted “Without prejudice to the generality of sections 52 and 55 of the Judicature (Northern Ireland) Act 1978””.

28.

In paragraph 4 of Schedule 232 (documentary evidence)—

(a)

for paragraphs (a), (b) and (c) substitute “, Criminal Procedure Rules”, and

(b)

for “authority making any of them” substitute “Criminal Procedure Rule Committee”.

Road Traffic Offenders Act 1988

29.

Amend the Road Traffic Offenders Act 198833 as follows.

30.

In section 12(1)(a) and (3)(a) (proof, in summary proceedings, of identity of driver of vehicle), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

31.

In section 13(4)(c) (admissibility of records as evidence), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

Criminal Justice Act 1991

32.

Amend the Criminal Justice Act 199134 as follows.

33.

Omit section 55(5) (amendment of section 32 of the Criminal Justice Act 1988).

34.

In paragraph 5(8) of Schedule 635 (notices of transfer: procedure in lieu of committal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Crime and Disorder Act 1998

35.

Amend the Crime and Disorder Act 199836 as follows.

36.

(1)

Amend section 49 (powers of magistrates' courts exercisable by single justice etc.) as follows.

(2)

For subsection (2) substitute—

“(2)

Criminal Procedure Rules may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices' clerk for that area.”

(3)

In subsection (3), for “Rules under that section” substitute “Criminal Procedure Rules”.

(4)

In subsection (4)—

(a)

for “rules under that section” substitute “Criminal Procedure Rules”, and

(b)

for “Lord Chancellor” substitute “Criminal Procedure Rule Committee”.

37.

(1)

Amend Schedule 3 (procedure where persons are sent for trial under section 51) as follows.

(2)

In paragraph 2(7), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

(3)

In paragraph 4(12), in the definition of “prescribed”, for “rules made under section 144 of the 1980 Act” substitute “Criminal Procedure Rules”.

Access to Justice Act 1999

38.

Omit paragraph 2(7) of Schedule 3 to the Access to Justice Act 199937 (Criminal Defence Service: right to representation).

Powers of Criminal Courts (Sentencing) Act 2000

39.

Amend the Powers of Criminal Courts (Sentencing) Act 200038 as follows.

40.

(1)

Amend section 31 (rules of court) as follows.

(2)

In subsection (1)—

(a)

for “Rules of court” substitute “Criminal Procedure Rules”, and

(b)

for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3)

Omit subsection (2).

41.

In section 63(6) (supervision orders), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

42.

In section 132(2) (compensation orders: appeals etc.), for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

43.

In section 155(7) (alteration of Crown Court sentence), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

44.

In section 16339 (general definitions), in the definition of “the register”, for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

Criminal Justice Act 2003

45.

Amend the Criminal Justice Act 200340 as follows.

46.

(1)

Amend section 30 (further provision about new method of instituting proceedings) as follows.

(2)

In subsection (1)—

(a)

for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”, and

(b)

in paragraph (b), for “Lord Chancellor” substitute “Criminal Procedure Rule Committee”.

(3)

Omit subsection (3).

47.

(1)

Amend section 55 (Rules of court) as follows.

(2)

In subsection (1)—

(a)

for “Rules of Court” substitute “Criminal Procedure Rules”, and

(b)

for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3)

In subsection (2), for “Rules of court” substitute “Criminal Procedure Rules”.

(4)

In subsection (4), for “rules of court” substitute “Criminal Procedure Rules”.

48.

In section 56(1) (interpretation of Part 8), omit the definition of “rules of court”.

49.

For section 111(7) (definitions) substitute—

“(7)

In this section “prescribed” means prescribed by rules of court.”

50.

In section 127(7) (expert evidence: preparatory work)—

(a)

for “rules made” substitute “Criminal Procedure Rules made by virtue of”,

(b)

in paragraph (a), omit “under”, and

(c)

in paragraph (b), omit “under section 144 of the Magistrates' Courts Act 1980 (c. 43) by virtue of”.

51.

For section 132(10) (definitions), substitute—

“(10)

In this section “prescribed” means prescribed by rules of court.”

52.

In paragraph 5 of Schedule 6 (evidence of bad character: armed forces), for “, in subsection (7), the definition of” substitute “the expression”.

53.

For paragraph 2(6) of Schedule 7 (hearsay evidence: armed forces), substitute—

“(6)

Section 132 has effect as if the expression “rules of court” included rules regulating the practice and procedure of service courts.”