Section 70 Criminal Procedure Rule Committee

England and Wales

(1)

The Criminal Procedure Rule Committee is to consist of—

(a)

the Lord Chief Justice, and

(b)

F1the persons currently appointed in accordance with subsections (1A) and (1B).

(1A)

F2The 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,

(f)

F7one 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 Senior 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.

(2A)

F11In subsection (2)(i)(i) “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

(3)

F12Before 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.

(4A)

F14A 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.

(5A)

F15The 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).

Annotations

Textual amendments

F1: S. 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)
F2: S. 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)
F3: Words 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)
F4: Words 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)
F5: Word 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)
F6: Word 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)
F7: S. 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)
F8: Words 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
F9: Words 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)
F10: Words in s. 70(2)(j) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(f); S.I. 2017/399, Sch. para. 41
F11: S. 70(2A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211(2), Sch. 21 para. 143(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F12: S. 70(3)(3A) substituted (3.4.2006) for s. 70(3) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F13: Words in s. 70(3) inserted (28.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 8(2)(b)
F14: S. 70(4A) inserted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 33(3); S.I. 2020/24, reg. 3(b)
F15: S. 70(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

Modifications

C1: S. 70(2)(a): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 4(1)(b) (with art. 7)