Administration of justice

82Criminal procedure: powers to make Criminal Procedure Rules

(1)

In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section 2 (procedure for indictment of offenders)—

(a)

in subsection (6), for “Rules” substitute “Criminal Procedure Rules”;

(b)

omit subsection (6A).

(2)

In that section, in subsection (2), in paragraph (i) of the proviso, for “section 57D(1)” substitute “section 51D(1)”.

(3)

In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders and issue of warrants in respect of excluded or special procedure material)—

(a)

in paragraph 7, after “paragraph 4 above” insert “that relates to material that consists of or includes journalistic material”;

(b)

in paragraph 8, for “such an order” substitute “an order under paragraph 4 above that relates to material that consists of or includes journalistic material”;

(c)

in paragraph 9, for “Such a notice” substitute “Notice of an application for an order under paragraph 4 above that relates to material that consists of or includes journalistic material”;

(d)

in paragraph 10, for “this Schedule” (in each place where it occurs) substitute “paragraph 8”;

(e)

after paragraph 15 insert—

“Procedural rules

15A

Criminal Procedure Rules may make provision about proceedings under this Schedule, other than proceedings for an order under paragraph 4 above that relates to material that consists of or includes journalistic material.”

(4)

In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue of warrants in respect of obtaining information in terrorist investigations: England and Wales and Northern Ireland), in paragraph 11 (which deals with the issue of warrants in respect of excluded or special procedure material), after sub-paragraph (4) insert—

“(5)

Criminal Procedure Rules may make provision about proceedings relating to a warrant under this paragraph.”

(5)

In the Criminal Justice and Police Act 2001, in section 59 (applications for the return of seized property etc), after subsection (12) insert—

“(13)

Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge of the Crown Court in England and Wales.”

(6)

In the Proceeds of Crime Act 2002, in section 352 (applications for search and seizure warrants), after subsection (7) insert—

“(8)

Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.”