C2Part 7Procedure rules and practice directions

Annotations:
Modifications etc. (not altering text)

Criminal Procedure Rules and practice directions

70Criminal Procedure Rule Committee

1

The Criminal Procedure Rule Committee is to consist of—

a

the Lord Chief Justice, and

F1b

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

F21A

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—

C1a

a person nominated by the F4Lord Chancellor,

b

three persons each of whom is either a puisne judge of the High Court or an ordinary 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,

F12f

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 F5Senior Courts qualification and who have particular experience of practice in criminal courts,

i

two persons who—

i

have been F6authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the F5Senior Courts, and

ii

have particular experience of practice in criminal courts,

j

one person who appears to represent F11the National Police Chiefs' Council, and

k

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

F72A

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

F83

Before appointing a person in accordance with subsection (1A), F9other 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.

F134A

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.

F105A

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).