Courts Act 2003

70Criminal Procedure Rule CommitteeE+W

This section has no associated Explanatory Notes

(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 F5... judge of the High Court or [F6a] 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,

[F7(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 [F8Senior Courts] qualification and who have particular experience of practice in criminal courts,

(i)two persons who—

(i)have been [F9authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F8Senior Courts], and

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

(j)one person who appears to represent [F10the National Police Chiefs' Council], and

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

[F11(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.]

[F12(3)Before appointing a person in accordance with subsection (1A), [F13other 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.

[F14(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.

[F15(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

F1S. 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)

F2S. 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)

F3Words 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)

F4Words in s. 70(2)(a) substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 8(2)(a)

F5Word in s. 70(2)(b) omitted (14.10.2005) by virtue of The Criminal Procedure Rule Committee (Amendment of Constitution) Order 2005 (S.I. 2005/2625), arts. 1, 2(a)

F6Word in s. 70(2)(b) substituted (14.10.2005) by The Criminal Procedure Rule Committee (Amendment of Constitution) Order 2005 (S.I. 2005/2625), arts. 1, 2(b)

F7S. 70(2)(f) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 33(2); S.I. 2020/24, reg. 3(b)

F8Words in s. 70 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F9Words 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)