Section 74 Practice directions as to practice and procedure of the criminal courts

England and Wales

(1)

F1Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 as to the practice and procedure of the criminal courts.

(2)

Directions as to the practice and procedure of the criminal courts F2 given otherwise than under subsection (1) may not be given without the approval of—

(a)

the Lord Chancellor, and

(b)

the Lord Chief Justice.

(3)

The power to give directions under subsection (1) includes power—

(a)

to vary or revoke directions as to the practice and procedure of the criminal courts (or any of them), whether given F3under subsection (1) or otherwise ,

(b)

to give directions containing different provision for different cases (including different areas), and

(c)

to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

(4)

F4Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a)

the application or interpretation of the law;

(b)

the making of judicial decisions.

(5)

Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a)

after consulting the Lord Chancellor, and

(b)

with the approval of the Lord Chief Justice.

Annotations

Textual amendments

F1: Words in s. 74(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F2: Words in s. 74(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F3: Words in s. 74(3)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F4: S. 74(4)(5) substituted (3.4.2006) for s. 74(4) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7