Crime and Courts Act 2013 CRIME and COURTS ACT 2013
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Lord Chief Justice Delegation of Statutory Functions
Delegation of Statutory Functions Lord Chief Justice – Delegation of Statutory Functions Introduction The Lord Chief Justice has a number of statutory functions, the exercise of which may be delegated to a nominated judicial office holder (as defined by section 109(4) of the Constitutional Reform Act 2005 (the 2005 Act). This document sets out which judicial office holder has been nominated to exercise specific delegable statutory functions. Section 109(4) of the 2005 Act defines a judicial office holder as either a senior judge or holder of an office listed in schedule 14 to that Act. A senior judge, as defined by s109(5) of the 2005 Act refers to the following: the Master of the Rolls; President of the Queen's Bench Division; President of the Family Division; Chancellor of the High Court; Senior President of Tribunals; Lord or Lady Justice of Appeal; or a puisne judge of the High Court. Only the nominated judicial office holder to whom a function is delegated may exercise it. Exercise of the delegated functions cannot be sub- delegated. The nominated judicial office holder may however seek the advice and support of others in the exercise of the delegated functions. Where delegations are referred to as being delegated prospectively1, the delegation takes effect when the substantive statutory provision enters into force. The schedule is correct as at 12 May 2015.2 The delegations are currently subject to review by the Lord Chief Justice and a revised schedule will be published later in 2015. 1 See Interpretation Act 1978, section 13. 2 The LCJ has on three occasions suspended various delegations in order to make specific Practice Directions. -
PUBLIC RECORDS ACT 1958 (C
PUBLIC RECORDS ACT 1958 (c. 51)i, ii An Act to make new provision with respect to public records and the Public Record Office, and for connected purposes. [23rd July 1958] General responsibility of the Lord Chancellor for public records. 1. - (1) The direction of the Public Record Office shall be transferred from the Master of the Rolls to the Lord Chancellor, and the Lord Chancellor shall be generally responsible for the execution of this Act and shall supervise the care and preservation of public records. (2) There shall be an Advisory Council on Public Records to advise the Lord Chancellor on matters concerning public records in general and, in particular, on those aspects of the work of the Public Record Office which affect members of the public who make use of the facilities provided by the Public Record Office. The Master of the Rolls shall be chairman of the said Council and the remaining members of the Council shall be appointed by the Lord Chancellor on such terms as he may specify. [(2A) The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.iii] (3) The Lord Chancellor shall in every year lay before both Houses of Parliament a report on the work of the Public Record Office, which shall include any report made to him by the Advisory Council on Public Records. -
Statute Law Repeals: Consultation Paper Courts and Administration of Justice – Proposed Repeals
Statute Law Repeals: Consultation Paper Courts and Administration of Justice – Proposed Repeals SLR 04/09: Closing date for responses – 29 January 2010 BACKGROUND NOTES ON STATUTE LAW REPEALS (SLR) What is it? 1. Our SLR work involves repealing statutes that are no longer of practical utility. The purpose is to modernise and simplify the statute book, thereby reducing its size and thus saving the time of lawyers and others who use it. This in turn helps to avoid unnecessary costs. It also stops people being misled by obsolete laws that masquerade as live law. If an Act features still in the statute book and is referred to in text-books, people reasonably enough assume that it must mean something. Who does it? 2. Our SLR work is carried out by the Law Commission and the Scottish Law Commission pursuant to section 3(1) of the Law Commissions Act 1965. Section 3(1) imposes a duty on both Commissions to keep the law under review “with a view to its systematic development and reform, including in particular ... the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of the law”. Statute Law (Repeals) Bill 3. Implementation of the Commissions’ SLR proposals is by means of special Statute Law (Repeals) Bills. 18 such Bills have been enacted since 1965 repealing more than 2000 whole Acts and achieving partial repeals in thousands of others. Broadly speaking the remit of a Statute Law (Repeals) Bill extends to any enactment passed at Westminster. Accordingly it is capable of repealing obsolete statutory text throughout the United Kingdom (i.e. -
The High Court and County Courts Jurisdiction Order 1991
Status: This is the original version (as it was originally made). STATUTORY INSTRUMENTS 1991 No. 724 (L.5) COUNTY COURTS SUPREME COURT OF ENGLAND AND WALES The High Court and County Courts Jurisdiction Order 1991 Made - - - - 19th March 1991 Coming into force - - 1st July 1991 The Lord Chancellor, in exercise of the powers conferred upon him by sections 1 and 120 of the Courts and Legal Services Act 1990(1), having consulted as required by section 1(9) of that Act, hereby makes the following Order a draft of which has, in accordance with section 120(4) of that Act, been laid before and approved by resolution of each House of Parliament:— Title and commencement 1. This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991. Jurisdiction 2.—(1) A county court shall have jurisdiction under— (a) sections 30, 146 and 147 of the Law of Property Act 1925(2), (b) section 58C of the Trade Marks Act 1938(3), (c) section 26 of the Arbitration Act 1950(4), (d) section 63(2) of the Landlord and Tenant Act 1954(5), (e) section 28(3) of the Mines and Quarries (Tips) Act 1969(6), (1) 1990 c. 41. (2) 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) andPart II of Schedule 2. (3) 1 & 2 Geo. 6 c.22; section 58C was inserted by section 300 of the Copyright, Designs and Patents Act 1988 (c. -
Imprisonment and the Separation of Judicial Power: a Defence of a Categorical Immunity from Non-Criminal Detention
IMPRISONMENT AND THE SEPARATION OF JUDICIAL POWER: A DEFENCE OF A CATEGORICAL IMMUNITY FROM NON-CRIMINAL DETENTION J EFFREY S TEVEN G ORDON* [e fundamental principle that no person may be deprived of liberty without criminal conviction has deteriorated. Despite a robust assertion of the principle by Brennan, Deane and Dawson JJ in Chu Kheng Lim v Minister for Immigration, subsequent jurisprudence has eroded it and revealed stark division amongst the Justices of the High Court. is article clarifies the contours of the disagreement and defends the proposition that, subject to a limited number of categorical exceptions, ch III of the Constitution permits the involuntary detention of a person in custody only as a consequential step in the adjudication of the criminal guilt of that person for past acts. is article proposes a methodology for creating new categories of permitted non-criminal detention and applies that methodology to test the constitutionality of the interim control orders considered in omas v Mowbray.] C ONTENTS I Introduction ............................................................................................................... 42 II Legislative Power, Judicial Power and Imprisonment .......................................... 46 A From Which Section Does the So-Called ‘Constitutional Immunity’ from Executive Detention Originate? ........................................................ 51 1 Does the Legislative Power of the Commonwealth Conferred by Section 51 Extend to Authorising Imprisonment Generally? ............................................................... 52 2 Does Chapter III Have Any Operation When Parliament Enacts a Law Authorising Imprisonment? ................................... 55 * BSc (Adv) (Hons), LLB (Hons) (Syd), LLM (Columbia). Sincerest thanks to Peter Gerangelos for reading a dra, for generous advice, and for sparking my interest during his fascinating course on Advanced Constitutional Law at the University of Sydney. -
Time for a Gastric Band
Journal of Politics and Law; Vol. 6, No. 3; 2013 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education Modernising the English Court System - Time for a Gastric Band Graham S McBain1 1 Solicitor. MA (Cantab), LLB (Cantab), LLM (Harv). Open Scholar, Peterhouse, Cambridge. Fulbright Scholar, Harvard Law School. UK Correspondence: Graham S McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: March 11, 2013 Accepted: April 23, 2013 Online Published: August 30, 2013 doi:10.5539/jpl.v6n3p17 URL: http://dx.doi.org/10.5539/jpl.v6n3p17 Abstract There is a lot in the newspapers these days about human obesity and its detrimental effect on human health - as well as on the health budget. Indeed, statistics suggest that one in five adults in the United Kingdom is now clinically obese. What applies to human beings can also apply to human institutions and it is asserted that our legal system is clinically obese. It needs a gastric band. Why is our legal system clinically obese ? First, the volume of English primary - and subordinate - legislation is growing exponentially 1 and, at this rate, it will start to become like that of the United States. Thus, it needs to be curtailed since the direct - and indirect - cost of all this is huge.2 Second, the present court system dates from the Victorian era and it creaks. Distinctly. In what way? There are too many obsolete courts; There are too many courts which - while not obsolete – should be merged with others; The court system is replete with anomalies and there are too many jurisdictional and procedural issues; The domestic court structure is a four tier system - when it should only be three tier; The complexity of the court system is such that it is not understood by lawyers -far less by the general public. -
Court Reform in England
Comments COURT REFORM IN ENGLAND A reading of the Beeching report' suggests that the English court reform which entered into force on 1 January 1972 was the result of purely domestic considerations. The members of the Commission make no reference to the civil law countries which Great Britain will join in an important economic and political regional arrangement. Yet even a cursory examination of the effects of the reform on the administration of justice in England and Wales suggests that English courts now resemble more closely their counterparts in Western Eu- rope. It should be stated at the outset that the new organization of Eng- lish courts is by no means the result of the 1971 Act alone. The Act crowned the work of various legislative measures which have brought gradual change for a period of well over a century, including the Judicature Acts 1873-75, the Interpretation Act 1889, the Supreme Court of Judicature (Consolidation) Act 1925, the Administration of Justice Act 1933, the County Courts Act 1934, the Criminal Appeal Act 1966 and the Criminal Law Act 1967. The reform culminates a prolonged process of response to social change affecting the legal structure in England. Its effect was to divorce the organization of the courts from tradition and history in order to achieve efficiency and to adapt the courts to new tasks and duties which they must meet in new social and economic conditions. While the earlier acts, including the 1966 Criminal Appeal Act, modernized the structure of the Supreme Court of Judicature, the 1971 Act extended modern court structure to the intermediate level, creating the new Crown Court, and provided for the regular admin- istration of justice in civil matters by the High Court in England and Wales, outside the Royal Courts in London. -
Legislative Consent Memorandum
LEGISLATIVE CONSENT MEMORANDUM Coronavirus Bill 1. This Legislative Consent Memorandum is laid under Standing Order (“SO”) 29.2. SO29 prescribes that a Legislative Consent Memorandum must be laid, and a Legislative Consent Motion may be tabled, before the National Assembly for Wales if a UK Parliamentary Bill makes provision in relation to Wales for any purpose within, or which modifies the legislative competence of the National Assembly. 2. The Coronavirus Bill (the “Bill”) was introduced in the House of Commons on 19 March. The Bill can be found at: https://services.parliament.uk/Bills/2019-21/coronavirus.html Policy Objective(s) 3. The objective of the Coronavirus Bill is to enable the Governments of the UK to respond to an emergency situation and manage the effects of a Coronavirus pandemic. The Bill contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts. Summary of the Bill 4. The Bill is sponsored by the Department of Health and Social Care. 5. The purpose of the Bill is to enable the Governments of the UK to respond to an emergency situation and manage the effects of a COVID-19 pandemic. A severe pandemic could infect up to 80% of the population leading to a reduced workforce, increased pressure on health services and death management processes. The Bill contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts. The Bill aims to support the UK Government in the following: • Increasing the available health and social care workforce • Easing the burden on frontline staff • Containing and slowing the virus • Managing the deceased with respect and dignity • Supporting people 6. -
Civil Law Reform a Draft Bill
Civil Law Reform A Draft Bill December 2009 Civil Law Reform A Draft Bill Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2009 Cm 7773 £9.50 © Crown Copyright 2009 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please contact the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected]. ISBN: 9780101777322 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID P002338531 12/09 Printed on paper containing 75% recycled fibre content minimum. Civil Law Reform A Draft Bill Contents Foreword 3 Introduction 4 Civil Law Reform Bill 7 Explanatory Notes 23 1 Civil Law Reform A Draft Bill 2 Civil Law Reform A Draft Bill Foreword The civil law affects us all in many different ways every day of our lives and continues to affect our property even after we are dead. It is important that it is kept up to date and that it is as simple and fair as possible. -
Standing Committee on Judicial
Chapter 3 : The British Experience 3.01 In the Mason Report, the case of Britain is presented as one of the jurisdictions where there is an absolute prohibition against reduction of judicial remuneration. 1 The existing British system of determination of judicial remuneration and the latest review on judicial salaries have also been discussed in the Mason Report. On the issue of reduction of remuneration in the United Kingdom, the following passages are relevant. 3.12 In 1760 the Commissions and Salaries of Judges Act2 made explicit what may have been implicit in the Act of Settlement. It secured the payment of the judges’ salaries without reduction so long as the judge’s commission continued and remained in force. The Act did not apply to colonial judges. 3.14 More recently, the Courts Act 1971 and the Supreme Court Act 1981, ss 12(1) and (3), have expressly provided that the salaries of Circuit Judges and Supreme Court Judges respectively “may be increased but not reduced”. 3.02 The 1760 Act is also referred to in the context of the discussion of the Australian position in the Mason Report – 3.28 Section 40 of the Constitution Act 1855 (NSW) provided for judicial remuneration but reverted to the earlier wording of the Commissions and Salaries of Judges Act 1760 (Imp). It provided that salaries fixed by Act of Parliament shall be paid and payable to every judge for the time being so long as their commissions should continue and remain in force. No express reference was made to the prohibition of the diminution of a judge’s salary. -
Courts Act 1971
Status: Point in time view as at 01/10/1992. Changes to legislation: There are currently no known outstanding effects for the Courts Act 1971. (See end of Document for details) Courts Act 1971 1971 CHAPTER 23 An Act to make further provision as respects the Supreme Court and county courts, judges and juries, to establish a Crown Court as part of the Supreme Court to try indictments and exercise certain other jurisdiction, to abolish courts of assize and certain other courts and to deal with their jurisdiction and other consequential matters, and to amend in other respects the law about courts and court proceedings. [12th May 1971] Extent Information E1 For extent see s. 59(5)(6)(7). Commencement Information I1 Act not in force at Royal Assent see s. 59(2); Act wholly in force at 1. 1. 1972. PART I INTRODUCTORY [F11 The Supreme Court. (1) The Supreme Court shall consist of the Court of Appeal and the High Court, together with the Crown Court established by this Act. (2) All courts of assize are hereby abolished, and Commissions, whether ordinary or special, to hold any court of assize shall not be issued.] Textual Amendments F1 Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 2 Courts Act 1971 (c. 23) Part II – The Crown Court Document Generated: 2021-04-11 Status: Point in time view as at 01/10/1992. Changes to legislation: There are currently no known outstanding effects for the Courts Act 1971. -
Tribunals, Courts and Enforcement Act 2007 (C.15) Which Received Royal Assent on 19Th July 2007 TRIBUNALS, COURTS and ENFORCEMENT ACT 2007
These notes refer to the Tribunals, Courts and Enforcement Act 2007 (c.15) which received Royal Assent on 19th July 2007 TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 —————————— EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Tribunals, Courts and Enforcement Act 2007 which received Royal Assent on 19th July 2007. They have been prepared by the Ministry of Justice in order to assist the reader of the Act. The explanatory notes have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. Where a section makes a change to the system currently in place, an overview is given of that system followed by an explanation of the change that the Act makes. OVERVIEW 3. The Tribunals, Courts and Enforcement Act implements the main recommendations contained in the following reports and papers: x the White Paper, Transforming Public Services: Complaints, Redress and Tribunals,1 published in July 2004 (“Transforming Public Services”); x the consultation paper Increasing Diversity in the Judiciary, published in October 2004; x the Law Commission Report, Landlord and Tenant – Distress for Rent,2 published in February 1991 (“the Law Commission’s Report”); x a Report to the Lord Chancellor, Independent Review of Bailiff Law, by Professor J. Beatson QC published in July 2000; x a White Paper, Effective Enforcement, published in March 2003 (“Effective Enforcement”); x a consultation paper, A Choice of Paths: better options to manage over- indebtedness and multiple debt, published on 20 July 2004 (“the Choice of Paths Consultation”); x a consultation paper, Relief for the Indebted, an alternative to bankruptcy, published in March 2005; and x a consultation on providing immunity from seizure for international works of art on loan in the UK (March 2006).