Senior Courts Act 1981

• (2) Any such order may be made either unconditionally or on such terms and conditions as the court thinks just.

• (3) The power of the High Court under subsection (1) to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the High Court, or otherwise dealing with, assets located within that jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within that jurisdiction.

• (4) The power of the High Court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land; and that power—

• (a) may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 1 of the Charging Orders Act 1979 for the purpose of enforcing the judgment, order or award in question; and

• (b) shall be in addition to, and not in derogation of, any power of any court to appoint a receiver in proceedings for enforcing such a charge.

• (5) Where an order under the said section 1 imposing a charge for the purpose of enforcing a judgment, order or award has been, or has effect as if, registered under section 6 of the Land Charges Act 1972, subsection (4) of the said section 6 (effect of non-registration of writs and orders registrable under that section) shall not apply to an order appointing a receiver made either—

• (a) in proceedings for enforcing the charge; or

• (b) by way of equitable execution of the judgment, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge.

• (6) This section applies in relation to the family court as it applies in relation to the High Court.

Relief against forfeiture for non-payment of rent

38

• (1) In any action in the High Court for the forfeiture of a lease for non-payment of rent, the court shall have power to grant relief against forfeiture in a summary manner, and may do so subject to the same terms and conditions as to the payment of rent, costs or otherwise as could have been imposed by it in such an action immediately before the commencement of this Act.

• (2) Where the lessee or a person deriving title under him is granted relief under this section, he shall hold the demised premises in accordance with the terms of the lease without the necessity for a new lease.

Execution of instrument by person nominated by High Court

39

• (1) Where the High Court or family court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to indorse any negotiable instrument, then, if that person—

• (a) neglects or refuses to comply with the judgment or order; or

• (b) cannot after reasonable inquiry be found,

that court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be indorsed, by such person as the court may nominate for that purpose.

• (2) A conveyance, contract, document or instrument executed or indorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or indorsed by the person originally directed to execute or indorse it.

Attachment of debts

40

• (1) Subject to any order for the time being in force under subsection (4), this section applies to any deposit account, and any withdrawable share account, with a deposit-taker

• (2) In determining whether, for the purposes of the jurisdiction of the High Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with rules of court, any condition mentioned in subsection (3) which applies to the account shall be disregarded.

• (3) Those conditions are—

• (a) any condition that notice is required before any money or share is withdrawn;

• (b) any condition that a personal application must be made before any money or share is withdrawn;

• (c) any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or

• (d) any other prescribed condition.

• (4) The Lord Chancellor may by order make such provision as he thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely—

• (a) including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;

• (b) excluding from the accounts to which this section applies all accounts with any particular deposit-taker so specified or with any deposit-taker of a description so specified.

• (5) Any order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) “Deposit-taker” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom.

• (7) Subsection (6) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

Wards of court

41

• (1) Subject to the provisions of this section, no minor shall be made a ward of court except by virtue of an order to that effect made by the High Court.

• (2) Where an application is made for such an order in respect of a minor, the minor shall become a ward of court on the making of the application, but shall cease to be a ward of court at the end of such period as may be prescribed unless within that period an order has been made in accordance with the application.

• (2A) Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 105 of the Children Act 1989).

• (3) The High Court may, either upon an application in that behalf or without such an application, order that any minor who is for the time being a ward of court shall cease to be a ward of court.

Restriction of vexatious legal proceedings

42

• (1) If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground—

• (a) instituted vexatious civil proceedings, whether in the High Court or the family court or any inferior court, and whether against the same person or against different persons; or

• (b) made vexatious applications in any civil proceedings, whether in the High Court or the family court or any inferior court, and whether instituted by him or another, or

• (c) instituted vexatious prosecutions (whether against the same person or different persons),

the court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order, a criminal proceedings order or an all proceedings order.

• (1A) In this section—

• “civil proceedings order” means an order that—

• (a) no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made;

• (b) any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and

• (c) no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court;

• “criminal proceedings order” means an order that—

• (a) no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the High Court; and

• (b) no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and

• (2) An order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely.

• (3) Leave for the institution or continuance of, or for the making of an application in, any civil proceedings by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application.

• (3A) Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant.

• (4) No appeal shall lie from a decision of the High Court refusing leave required by virtue of this section.

• (5) A copy of any order made under subsection (1) shall be published in the London Gazette.

Power of High Court to vary sentence on certiorari

43

• (1) Where a person who has been sentenced for an offence—

• (a) by a magistrates’ court; or

• (b) by the Crown Court after being convicted of the offence by a magistrates’ court and committed to the Crown Court for sentence; or

• (c) by the Crown Court on appeal against conviction or sentence,

applies to the High Court in accordance with section 31 for an a quashing order to remove the proceedings of the magistrates’ court or the Crown Court into the High Court, then, if the High Court determines that the magistrates’ court or the Crown Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates’ court or, in a case within paragraph (b), the Crown Court had power to impose.

• (2) Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed in the proceedings of the magistrates’ court or the Crown Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed in those proceedings; but in computing the term of the sentence, any time during which the offender was released on bail in pursuance of section 37(1)(d) of the Criminal Justice Act 1948 shall be disregarded.

• (3) Subsections (1) and (2) shall, with the necessary modifications, apply in relation to any order of a magistrates’ court or the Crown Court which is made on, but does not form part of, the conviction of an offender as they apply in relation to a conviction and sentence.

Other provisions

Extraordinary functions of judges of High Court

44

• (1) Subject to the provisions of this Act, every judge of the High Court shall be—

• (a) liable to perform any duty not incident to the administration of justice in any court of law which a judge of the High Court was, as the successor of any judge formerly subject to that duty, liable to perform immediately before the commencement of this Act by virtue of any statute, law or custom; and

• (b) empowered to exercise any authority or power not so incident which a judge of the High Court was, as the successor of any judge formerly possessing that authority or power, empowered to exercise immediately before that commencement by virtue of any statute, law or custom.

• (2) Any such duty, authority or power which immediately before commencement of this Act was imposed or conferred by any statute, the law or custom on . . . the Lord Chief Justice or the Master of the Rolls shall continue to be performed and exercised by them respectively.

The Crown Court

General jurisdiction of Crown Court

45

• (1) The Crown Court shall be a superior court of record.

• (2) Subject to the provisions of this Act, there shall be exercisable by the Crown Court—

• (a) all such appellate and other jurisdiction as is conferred on it by or under this or any other Act; and

• (b) all such other jurisdiction as was exercisable by it immediately before the commencement of this Act.

• (3) Without prejudice to subsection (2), the jurisdiction of the Crown Court shall include all such powers and duties as were exercisable or fell to be performed by it immediately before the commencement of this Act.

• (4) Subject to section 8 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (substitution in criminal cases of procedure in that Act for procedure by way of subpoena) and to any provision contained in or having effect under this Act, the Crown Court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction, have the like powers, rights, privileges and authority as the High Court.

• (5) The specific mention elsewhere in this Act of any jurisdiction covered by subsections (2) and (3) shall not derogate from the generality of those subsections.

Exclusive jurisdiction of Crown Court in trial on indictment

46

• (1) All proceedings on indictment shall be brought before the Crown Court.

• (2) The jurisdiction of the Crown Court with respect to proceedings on indictment shall include jurisdiction in proceedings on indictment for offences wherever committed, and in particular proceedings on indictment for offences within the jurisdiction of the Admiralty of England.

Sentences and other orders of Crown Court when dealing with offenders

47

Appeals to Crown Court

48

• (1) The Crown Court may, in the course of hearing any appeal, correct any error or mistake in the order or judgment incorporating the decision which is the subject of the appeal.

• (2) On the termination of the hearing of an appeal the Crown Court—

• (a) may confirm, reverse or vary any part of the decision appealed against, including a determination not to impose a separate penalty in respect of an offence; or

• (b) may remit the matter with its opinion thereon to the authority whose decision is appealed against; or

• (c) may make such other order in the matter as the court thinks just, and by such order exercise any power which the said authority might have exercised.

• (3) Subsection (2) has effect subject to any enactment relating to any such appeal which expressly limits or restricts the powers of the court on the appeal.

• (4) Subject to section 11(6) of the Criminal Appeal Act 1995, ifthe appeal is against a conviction or a sentence, the preceding provisions of this section shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrates’ court whose decision is appealed against, if that is a punishment which that magistrates’ court might have awarded.

• (5) This section applies whether or not the appeal is against the whole of the decision.

• (6) In this section “sentence” includes any order made by a court when dealing with an offender, including—

• (a) a hospital order under Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Act; and

• (b) a recommendation for deportation made when dealing with an offender.

• (7) The fact that an appeal is pending against an interim hospital order under the said Act of 1983 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court.

• (8) Where the Crown Court makes an interim hospital order by virtue of subsection (2)—

• (a) the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the Crown Court; and

• (b) that magistrates’ court shall be treated for the purposes of section 38(7) of the said Act of 1983 (absconding offenders) as the court that made the order.

General Provisions

Law and equity

Concurrent administration of law and equity

49

• (1) Subject to the provisions of this or any other Act, every court exercising jurisdiction in England or Wales in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.

• (2) Every such court shall give the same effect as hitherto—

• (a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and

• (b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any statute,

and, subject to the provisions of this or any other Act, shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.

• (3) Nothing in this Act shall affect the power of the Court of Appeal or the High Court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.

Power to award damages as well as, or in substitution for, injunction or specific performance

50

Where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.

Costs

Costs in civil division of Court of Appeal and High Court

51

• (1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in—

• (a) the civil division of the Court of Appeal;

• (b) the High Court; and

• (ba) the family court;

• (c) the county court,

shall be in the discretion of the court.

• (2) Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs..

• (3) The court shall have full power to determine by whom and to what extent the costs are to be paid.

• (4) In subsections (1) and (2) “proceedings” includes the administration of estates and trusts.

• (5) Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy.

• (6) In any proceedings mentioned in susbsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.

• (7) In subsection (6), “wasted costs” means any costs incurred by a party—

• (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or

• (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

• (7A) Where the court exercises a power under subsection (6) in relation to costs incurred by a party, it must inform such of the following as it considers appropriate—

• (a) an approved regulator;

• (b) the Director of Legal Aid Casework.

• (8) Where—

• (a) a person has commenced proceedings in the High Court; but

• (b) those proceedings should, in the opinion of the court, have been commenced in the county court or family court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment,

the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances.

• (9) Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question—

• (a) the amount of that reduction shall not exceed 25 per cent; and

• (b) on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction.

• (10) The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage.

• (11) Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient.

• (12) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.

• (12A) In subsection (7A)—

• “approved regulator” has the meaning given by section 20 of the Legal Services Act 2007;

• “the Director of Legal Aid Casework” means the civil servant designated under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (13) In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.

Costs in Crown Court

52

• (1) Rules of court may authorise the Crown Court to award costs and may regulate any matters relating to costs of proceedings in that court, and in particular may make provision as to—

• (a) any discretion to award costs;

• (b) the taxation of costs, or the fixing of a sum instead of directing a taxation, and as to the officer of the court or other person by whom costs are to be taxed;

• (c) a right of appeal from any decision on the taxation of costs, whether to a Taxing Master of the Senior Courts or to any other officer or authority;

• (d) a right of appeal to the High Court, subject to any conditions specified in the rules, from any decision on an appeal brought by virtue of paragraph (c);

• (e) the enforcement of an order for costs; and

• (f) the charges or expenses or other disbursements which are to be treated as costs for the purposes of the rules.

• (2) The costs to be dealt with by rules made in pursuance of this section may, where an appeal is brought to the Crown Court from the decision of a magistrates’ court, or from the decision of any other court or tribunal, include costs in the proceedings in that court or tribunal.

• (2A) Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section

• (3) Nothing in this section authorises the making of rules about the payment of costs out of central funds, whether under the Part II of the Prosecution of Offences Act 1985 or otherwise, but rules made in pursuance of this section may make any such provision as in relation to costs of proceedings in the Crown Court, is contained in section 18 of that Act or in regulations made under section 19 of that Act (awards of party and party costs in criminal proceedings).

• (4) Rules made in pursuance of this section may amend or repeal all or any of the provisions of any enactment about costs between party and party in criminal or other proceedings in the Crown Court, being an enactment passed before, or contained in, the Part II of the Prosecution of Offences Act 1985.

• (5) Rules made in pursuance of this section shall have effect subject to the provisions of section 41 of, and Schedule 9 to, the Administration of Justice Act 1970 (method of enforcing orders for costs).

Part III — PRACTICE AND PROCEDURE

The Court of Appeal

Distribution of business

Distribution of business between civil and criminal divisions

53

• (1) Rules of court may provide for the distribution of business in the Court of Appeal between the civil and criminal divisions, but subject to any such rules business shall be distributed in accordance with the following provisions of this section.

• (2) The criminal division of the Court of Appeal shall exercise—

• (a) all jurisdiction of the Court of Appeal under Parts I and II of the Criminal Appeal Act 1968;

• (b) the jurisdiction of the Court of Appeal under section 13 of the Administration of Justice Act 1960 (appeals in cases of contempt of court) in relation to appeals from orders and decisions of the Crown Court;

• (c) all other jurisdiction expressly conferred on that division by this or any other Act; and

• (d) the jurisdiction to order the issue of writs of venire de novo.

• (3) The civil division of the Court of Appeal shall exercise the whole of the jurisdiction of that court not exercisable by the criminal division.

• (4) Where any class of proceedings in the Court of Appeal is by any statutory provision assigned to the criminal division of that court, rules of court may provide for any enactment relating to—

• (a) appeals to the Court of Appeal under Part I of the Criminal Appeal Act 1968; or

• (b) any matter connected with or arising out of such appeals,

to apply in relation to proceedings of that class or, as the case may be, to any corresponding matter connected with or arising out of such proceedings, as it applies in relation to such appeals or, as the case may be, to the relevant matter within paragraph (b), with or without prescribed modifications in either case.

Composition of court

Court of civil division

54

• (1) This section relates to the civil division of the Court of Appeal; and in this section “court”, except where the context otherwise requires, means a court of that division.

• (2) Subject as follows, a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of one or more judges.

• (3) The Master of the Rolls may, with the concurrence of the Lord Chancellor, give (or vary or revoke) directions about the minimum number of judges of which a court must consist if it is to be duly constituted for the purpose of any description of proceedings.

• (4) The Master of the Rolls, or any Lord Justice of Appeal designated by him, may (subject to any directions under subsection (3)) determine the number of judges of which a court is to consist for the purpose of any particular proceedings.

• (4A) The Master of the Rolls may give directions as to what is to happen in any particular case where one or more members of a court which has partly heard proceedings are unable to continue.

• (5) Where—

• (a) an appeal has been heard by a court consisting of an even number of judges; and

• (b) the members of the court are equally divided,

the case shall, on the application of any part to the appeal, be re-argued before and determined by an uneven number of judges not less than three, before any appeal to the Supreme Court.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Subsections (1) and (2) of section 70 (assessors in the High Court shall apply in relation to causes and matters before the civil division of the Court of Appeal as they apply in relation to causes and matters before the High Court.

• (9) Subsections (3) and (4) of section 70 (scientific advisers to assist the Patents Court in proceedings under the Patents Act 1949 and the Patents Act 1977) shall apply in relation to the civil division of the Court of Appeal and proceedings on appeal from any decision of the Patents Court in proceedings under those Acts as they apply in relation to the Patents Court and proceedings under those Acts.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court of criminal division

55

• (1) This section relates to the criminal division of the Court of Appeal; and in this section “court” means a court of that division.

• (2) Subject to subsection (6),a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of judges not less than three.

• (3) Where—

• (a) part of any proceedings before a court has been heard by an uneven number of judges greater than three; and

• (b) one or more members of the court are unable to continue,

the court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three.

• (4) Subject to subsection (6),a court shall, if it consists of two judges, be duly constituted for every purpose except—

• (a) determining an appeal against—

• (i) conviction; or

• (ii) a verdict of not guilty by reason of insanity; or

• (iii) a finding ... under section 4 of the Criminal Procedure (Insanity) Act 1964 (unfitness to plead) that a person is under a disability;

• (aa) reviewing sentencing under Part IV of the Criminal Justice Act 1988;

• (b) determining an application for leave to appeal to the Supreme Court; and

• (c) refusing an application for leave to appeal to the criminal division against conviction or any such verdict or finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge.

• (5) Where an appeal has been heard by a court consisting of an even number of judges and the members of the court are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three.

• (6) A court shall not be duly constituted if it includes more than one Circuit judge acting as a judge of the court under section 9.

Judges not to sit on appeal from their own judgments, etc.

56

• (1) No judge shall sit as a member of the civil division of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, an appeal from a judgment or order made in any case by himself or by any court of which he was a member.

• (2) No judge shall sit as a member of the criminal division of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, an appeal against—

• (a) a conviction before himself or a court of which he was a member; or

• (b) a sentence passed by himself or such a court.

Sittings and vacations

Sittings and vacations

57

• (1) Sittings of the Court of Appeal may be held, and any other business of the Court of Appeal may be conducted, at any place in England or Wales.

• (2) Subject to rules of court—

• (a) the places at which the Court of Appeal sits outside the Royal Courts of Justice; and

• (b) the days and times at which the Court of Appeal sits at any place outside the Royal Courts of Justice,

shall be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

• (3) Rules of court may make provision for regulating the vacations to be observed by the Court of Appeal and in the offices of that court.

• (4) Rules of court—

• (a) may provide for securing such sittings of the civil division of the Court of Appeal during vacation as the Master of the Rolls may with the concurrence of the Lord Chancellor determine;

• (b) without prejudice to paragraph (a), shall provide for the transaction during vacation by judges of the Court of Appeal of all such business in the civil division of that court as may require to be immediately or promptly transacted; and

• (c) shall provide for securing sittings of the criminal division of that court during vacation if necessary.

• (5) 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.

Other provisions

Exercise of incidental jurisdiction in civil division

58

• (1) Rules of court may provide that decisions of the Court of Appeal which—

• (a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

• (b) do not involve the determination of an appeal or of an application for permission to appeal,

may be called into question in such manner as may be prescribed.

• (2) No appeal shall lie to the Supreme Court from a decision which may be called into question pursuant to rules under subsection (1).

Form of judgment of court of criminal division

59

Any judgment of a court of the criminal division of the Court of Appeal on any question shall, except where the judge presiding over the court states that in his opinion the question is one of law on which it is convenient that separate judgments should be pronounced by members of the court, be pronounced by the judge presiding over the court or by such other member of the court as he directs and, except as aforesaid, no judgment shall be separately pronounced on any question by any member of the court.

Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final or interlocutory

60

• (1) Rules of court may provide for orders or judgments of any prescribed description to be treated for any prescribed purpose connected with appeals to the Court of Appeal as final or as interlocutory.

• (2) No appeal shall lie from a decision of the Court of Appeal as to whether a judgment or order is, for any purpose connected with an appeal to that court, final or interlocutory.

The High Court

Distribution of business

Distribution of business among Divisions

61

• (1) Subject to any provision made by or under this or any other Act (and in particular to any rules of court made in pursuance of subsection (2) and any order under subsection (3)), business in the High Court of any description mentioned in Schedule 1, as for the time being in force, shall be distributed among the Divisions in accordance with that Schedule.

• (2) Rules of court may provide for the distribution of business in the High Court among the Divisions; but any rules made in pursuance of this subsection shall have effect subject to any orders for the time being in force under subsection (3).

• (3) Subject to subsection (5), the Lord Chief Justice may, with the concurrence of the Lord Chancellor, by order—

• (a) direct that any business in the High Court which is not for the time being assigned by or under this or any other Act to any Division be assigned to such Division as may be specified in the order;

• (b) if at any time it appears to the Lord Chief Justice and the Lord Chancellor desirable to do so with a view to the more convenient administration of justice, direct that any business for the time being assigned by or under this or any other Act to any Division be assigned to such other Division as may be specified in the order; and

• (c) amend Schedule 1 so far as may be necessary in consequence of provision made by order under paragraph (a) or (b).

• (4) The powers conferred by subsection (2) and subsection (3) include power to assign business of any description to two or more Divisions concurrently.

• (5) No order under subsection (3)(b) relating to any business shall be made without the concurrence of the senior judge of—

• (a) the Division or each of the Divisions to which the business is for the time being assigned; and

• (b) the Division or each of the Divisions to which the business is to be assigned by the order.

• (6) Subject to rules of court, the fact that a cause or matter commenced in the High Court falls within a class of business assigned by or under this Act to a particular Division does not make it obligatory for it to be allocated or transferred to that Division.

• (7) Without prejudice to subsections (1) to (5) and section 63, rules of court may provide for the distribution of the business (other than business required to be heard by a divisional court) in any Division of the High Court among the judges of that Division.

• (8) Any order under subsection (3) shall be made by statutory instrument, which shall be laid before Parliament after being made.

• (9) 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 subsection (3).

Business of Patents, Admiralty and Commercial Courts

62

• (1) The Patents Court shall take such proceedings relating to patents as are within the jurisdiction conferred on it by the Patents Act 1977, and such other proceedings relating to patents or other matters as may be prescribed.

• (2) The Admiralty Court shall take Admiralty business, that is to say causes and matters assigned to the Queen’s Bench Division and involving the exercise of the High Court’s Admiralty jurisdiction or its jurisdiction as a prize court.

• (3) The Commercial Court shall take such causes and matters as may in accordance with rules of court be entered in the commercial list.

Business assigned to specially nominated judges

63

• (1) Any business assigned, in accordance with this or any other Act or rules of court, to one or more specially nominated judges of the High Court may—

• (a) during vacation; or

• (b) during the illness or absence of that judge or any of those judges; or

• (c) for any other reasonable cause,

be dealt with by any judge of the High Court named for that purpose by the Lord Chief Justice after consulting the Lord Chancellor.

• (2) If at any time it appears to the Lord Chief Justice, after consulting the Lord Chancellor, to be desirable to do so with a view to the more convenient administration of justice, he may by order direct that business of any description which is for the time being assigned, in accordance with this or any other Act or rules of court, to one or more specially nominated judges of the High Court shall cease to be so assigned and may be dealt with by any one or more judges of the High Court.

• (3) An order under subsection (2) shall not be made in respect of any business without the concurrence of the senior judge of the Division to which the business is for the time being assigned.

• (4) 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 subsection (1) or (2).

Choice of Division by plaintiff

64

• (1) Without prejudice to the power of transfer under section 65, the person by whom any cause or matter is commenced in the High Court shall in the prescribed manner allocate it to whichever Division he thinks fit.

• (2) Where a cause or matter is commenced in the High Court, all subsequent interlocutory or other steps or proceedings in the High Court in that cause or matter shall be taken in the Division to which the cause or matter is for the time being allocated (whether under subsection (1) or in consequence of its transfer under section 65).

Power of transfer

65

• (1) Any cause or matter may at any time and at any stage thereof, and either with or without application from any of the parties, be transferred, by such authority and in such manner as rules of court may direct, from one Division or judge of the High Court to another Division or judge thereof.

• (2) The transfer of a cause or matter under subsection (1) to a different Division or judge of the High Court shall not affect the validity of any steps or proceedings taken or order made in that cause or matter before the transfer.

Divisional courts

Divisional courts of High Court

66

• (1) Divisional courts may be held for the transaction of any business in the High Court which is, by or by virtue of rules of court or any other statutory provision, required to be heard by a divisional court.

• (2) Any number of divisional courts may sit at the same time.

• (3) A divisional court shall be constituted of not less than two judges.

• (4) Every judge of the High Court shall be qualified to sit in any divisional court.

• (5) The judge who is, according to the order of precedence under this Act, the senior of the judges constituting a divisional court shall be the president of the court.

Mode of conducting business

Proceedings in court or in chambers

67

Business in the High Court shall be heard and disposed of in court except in so far as it may, under this or any other Act, under rules of court or in accordance with the practice of the court, be dealt with in chambers.

Exercise of High Court jurisdiction otherwise than by judges of that court

68

• (1) Provision may be made by rules of court as to the cases in which jurisdiction of the High Court may be exercised by—

• (a) such Circuit judges, deputy Circuit judges or Recorders as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to deal with official referees’ business; or

• (b) special referees; or

• (c) masters, registrars, district registrars or other officers of the court.

• (2) Without prejudice to the generality of subsection (1), rules of court may in particular—

• (a) authorise the whole of any cause or matter, or any question or issue therein, to be tried before any such person as is mentioned in that subsection; or

• (b) authorise any question arising in any cause or matter to be referred to a special referee for inquiry and report.

• (3) Rules of court shall not authorise the exercise of powers of attachment and committal by a special referee or any officer or other staff of the court.

• (4) Subject to subsection (5), the decision of

• (a) any such person as is mentioned in subsection (1) or

• (b) any officer or other staff of the court

may be called in question in such manner as may be prescribed by rules of court, whether by appeal to the Court of Appeal, or by an appeal or application to a divisional court or a judge in court or a judge in chambers, or by an adjournment to a judge in court or a judge in chambers.

• (5) Rules of court may provide either generally or to a limited extent for decisions of persons nominated under subsection (1)(a) being called in question only by appeal on a question of law.

• (6) The cases in which jurisdiction of the High Court may be exercised by persons nominated under subsection (1)(a) shall be known as “official referees’ business”; and, subject to rules of court, the distribution of official referees’ business among persons so nominated shall be determined in accordance with directions given by the Lord Chief Justice after consulting the Lord Chancellor.

• (7) Any reference to an official referee in any enactment, whenever passed, or in rules of court or any other instrument or document, whenever made, shall, unless the context otherwise requires, be construed as, or (where the context requires) as including a reference to a person nominated under subsection (1)(a).

• (8) 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 subsections (1)(a) and (6).

Trial by jury

69

• (1) Where, on the application of any party to an action to be tried in the Queen’s Bench Division, the court is satisfied that there is in issue—

• (a) a charge of fraud against that party; or

• (b) a claim in respect of ... malicious prosecution or false imprisonment; or

• (c) any question or issue of a kind prescribed for the purposes of this paragraph,

the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury or unless the court is of opinion that the trial will involve section 6 proceedings .

• (2) An application under subsection (1) must be made not later than such time before the trial as may be prescribed.

• (3) An action to be tried in the Queen’s Bench Division which does not by virtue of subsection (1) fall to be tried with a jury shall be tried without a jury unless the court in its discretion orders it to be tried with a jury.

• (3A) An action in the Queen's Bench Division which by virtue of subsection (1) or (3) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—

• (a) is of opinion that the action involves, or will involve, section 6 proceedings, and

• (b) in its discretion orders the action to be tried without a jury.

• (3B) Where the court makes an order under subsection (3A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).

• (4) Nothing in subsections (1) to (3B) shall affect the power of the court to order, in accordance with rules of court, that different questions of fact arising in any action be tried by different modes of trial; and where any such order is made, subsection (1) shall have effect only as respects questions relating to any such charge, claim, question or issue as is mentioned in that subsection.

• (5) Where for the purpose of disposing of any action or other matter which is being tried in the High Court by a judge with a jury it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone.

• (6) In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

Assessors and scientific advisers

70

• (1) In any cause or matter before the High Court the court may, if it thinks it expedient to do so, call in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance.

• (2) The remuneration, if any, to be paid to an assessor for his services under subsection (1) in connection with any proceedings shall be determined by the court, and shall form part of the costs of the proceedings.

• (3) Rules of court shall make provision for the appointment of scientific advisers to assist the Patents Court in proceedings under the Patents Act 1949 and the Patents Act 1977 and for regulating the functions of such advisers.

• (4) The remuneration of any such adviser shall be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service and shall be defrayed out of money provided by Parliament.

• (5) Subsections (1) and (2) apply in relation to the family court as they apply in relation to the High Court.

Sittings and vacations

Sittings and vacations

71

• (1) Sittings of the High Court may be held, and any other business of the High Court may be conducted, at any place in England or Wales.

• (2) Subject to rules of court—

• (a) the places at which the High Court sits outside the Royal Courts of Justice; and

• (b) the days and times when the High Court sits at any place outside the Royal Courts of Justice,

shall be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

• (3) Rules of court may make provision for regulating the vacations to be observed by the High Court and in the offices of that court.

• (4) Rules of court—

• (a) may provide for securing such sittings of any Division of the High Court during vacation as the senior judge of that Division may with the concurrence of the Lord Chancellor determine; and

• (b) without prejudice to paragraph (a), shall provide for the transaction during vacation by judges of the High Court of all such business in the High Court as may require to be immediately or promptly transacted.

• (5) Different provision may be made in pursuance of subsection (3) for different parts of the country.

• (6) 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.

Other provisions

Withdrawal of privilege against incrimination of self or spouse in certain proceedings

72

• (1) In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse or civil partner, to proceedings for a related offence or for the recovery of a related penalty—

• (a) from answering any questions put to that person in the first-mentioned proceedings; or

• (b) from complying with any order made in those proceedings.

• (2) Subsection (1) applies to the following civil proceedings in the High Court, namely—

• (a) proceedings for infringement of rights pertaining to any intellectual property or for passing off;

• (b) proceedings brought to obtain disclosure of information relating to any infringement of such rights or to any passing off; and

• (c) proceedings brought to prevent any apprehended infringement of such rights or any apprehended passing off.

• (3) Subject to subsection (4), no statement or admission made by a person—

• (a) in answering a question put to him in any proceedings to which subsection (1) applies; or

• (b) in complying with any order made in any such proceedings,

shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married or became civil partners after the making of the statement or admission) against the spouse or civil partner of that person.

• (4) Nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court.

• (5) In this section—

• “intellectual property” means any patent, trade mark, copyright , design right, registered design, technical or commercial information or other intellectual property;

• “related offence”, in relation to any proceedings to which subsection (1) applies, means—

• (a) in the case of proceedings within subsection (2)(a) or (b)—

• (i) any offence committed by or in the course of the infringement or passing off to which those proceedings relate; or

• (ii) any offence not within sub-paragraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty;

• (b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;

• “related penalty”, in relation to any proceedings to which subsection (1) applies means—

• (a) in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate;

• (b) in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.

• (6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.

The Crown Court

Composition of court

General provisions

73

• (1) Subject to the provisions of section 8(1)(c), 74 and 75(2) as respects courts comprising justices of the peace, all proceedings in the Crown Court shall be heard and disposed of before a single judge of that court.

• (2) Rules of court may authorise or require a judge of the High Court, Circuit judge , Recorder or qualifying judge advocate , in such circumstances as are specified by the rules, at any stage to continue with any proceedings with a court from which any one or more of the justices initially constituting the court has withdrawn, or is absent for any reason.

• (3) Where a judge of the High Court, Circuit judge , Recorder or qualifying judge advocate sits with justices of the peace he shall preside, and—

• (a) the decision of the Crown Court may be a majority decision; and

• (b) if the members of the court are equally divided, the judge of the High Court, Circuit judge , Recorder or qualifying judge advocate shall have a second and casting vote.

Appeals and committals for sentence

74

• (1) On any hearing by the Crown Court—

• (a) of any appeal; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Crown Court shall consist of a judge of the High Court or a Circuit judge or a Recorder or a qualifying judge advocate who, subject to the following provisions of this section, shall sit with not less than two nor more than four justices of the peace.

• (2) Rules of court may, with respect to hearings falling within subsection (1)—

• (a) prescribe the number of justices of the peace constituting the court (within the limits mentioned in that subsection); and

• (b) prescribe the qualifications to be possessed by any such justices of the peace;

and the rules may make different provision for different descriptions of cases, different places of sitting or other different circumstances.

• (3) Rules of court may authorise or require a judge of the High Court, Circuit judge , Recorder or qualifying judge advocate, in such circumstances as are specified by the rules, to enter on, or at any stage to continue with, any proceedings with a court not comprising the justices required by subsections (1) and (2).

• (4) The Lord Chancellor may from time to time, having regard to the number of justices, or the number of justices with any prescribed qualifications, available for service in the Crown Court, give directions providing that, in such descriptions of proceedings as may be specified by the Lord Chancellor, the provisions of subsections (1) and (2) shall not apply.

• (5) Directions under subsection (4) may frame descriptions of proceedings by reference to the place of trial, or by reference to the time of trial, or in any other way.

• (5A) Before exercising any functions under subsection (4), the Lord Chancellor must consult the Lord Chief Justice.

• (6) No decision of the Crown Court shall be questioned on the ground that the court was not constituted as required by or under subsections (1) and (2) unless objection was taken by or on behalf of a party to the proceedings not later than the time when the proceedings were entered on, or when the alleged irregularity began.

• (7) Rules of court may make provision as to the circumstances in which—

• (a) a person concerned with a decision appealed against is to be disqualified from hearing the appeal;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) proceedings on the hearing of an appeal . . . are to be valid notwithstanding that any person taking part in them is disqualified.

• (8) 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.

Distribution of business

Allocation of cases according to composition of court, etc.

75

• (1) The cases or classes of cases in the Crown Court suitable for allocation respectively to a judge of the High Court , Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts) , and all other matters relating to the distribution of Crown Court business, shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.

• (2) Subject to section 74(1), the cases or classes of cases in the Crown Court suitable for allocation to a court comprising justices of the peace (including those by way of trial on indictment which are suitable for allocation to such a court) shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.

Committal for trial: alteration of place of trial

76

• (1) Without prejudice to the provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions, or further directions, altering the place of any trial on indictment, whether by varying the decision of a magistrates’ court under section 7 of the Magistrates’ Courts Act 1980 or by substituting some other place for the place specified in a notice under a relevant transfer provision (notices of transfer from magistrates’ court to Crown Court) substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”) or by varying a previous decision of the Crown Court.

• (2) Directions under subsection (1) may be given on behalf of the Crown Court by an officer of the court.

• (2A) Where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987, directions altering the place of trial may be given under subsection (1) at any time before the time when the jury are sworn.

• (2B) The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

• (3) The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates' court, as specified in a notice under a relevant transfer provision specified in a section 51D notice or as fixed by the Crown Court, may apply to the Crown Court for a direction, or further direction, varying the place of trial; and the court shall take the matter into consideration and may comply with or refuse the application, or give a direction not in compliance with the application, as the court thinks fit.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section “relevant transfer provision” means—

• (a) section 4 of the Criminal Justice Act 1987, or

• (b) section 53 of the Criminal Justice Act 1991.

Committal for trial: date of trial

77

• (1) Criminal Procedure Rules shall prescribe the minimum and the maximum period which may elapse between a person’s being sent for trial and the beginning of the trial; and such rules may make different provision for different places of trial and for other different circumstances.

• (2) The trial of a person sent for trial—

• (a) shall not begin until the prescribed minimum period has expired except with his consent and the consent of the prosecutor;and

• (b) shall not begin later than the expiry of the prescribed maximum period unless a judge of the Crown Court otherwise orders.

• (3) For the purposes of this section the prescribed minimum and maximum periods shall begin with the date when the defendant is sent for trial and the trial shall be taken to begin when the defendant is arraigned.

• (4) In this section “relevant transfer provision” means—

• (a) section 4 of the Criminal Justice Act 1987, or

• (b) section 53 of the Criminal Justice Act 1991.

Sittings

Sittings

78

• (1) Any Crown Court business may be conducted at any place in England or Wales, and the sittings of the Crown Court at any place may be continuous or intermittent or occasional.

• (2) Judges of the Crown Court may sit simultaneously to take any number of different cases in the same or different places, and may adjourn cases from place to place at any time.

• (3) The places at which the Crown Court sits, and the days and times at which the Crown Court sits at any place, shall be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

• (4) 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.

Other provisions

Practice and procedure in connection with indictable offences and appeals

79

• (1) All enactments and rules of law relating to procedure in connection with indictable offences shall continue to have effect in relation to proceedings in the Crown Court.

• (2) Without prejudice to the generality of subsection (1), that subsection applies in particular to—

• (a) the practice by which, on any one indictment, the taking of pleas, the trial by jury and the pronouncement of judgment may respectively be by or before different judges;

• (b) the release, after respite of judgment, of a convicted person on recognizance to come up for judgment if called on, but meanwhile to be of good behaviour;

• (c) the manner of trying any question relating to the breach of a recognizance;

• (d) the manner of execution of any sentence on conviction, or the manner in which any other judgment or order given in connection with trial on indictment may be enforced.

• (3) The customary practice and procedure with respect to appeals to the Crown Court, and in particular any practice as to the extent to which an appeal is by way of rehearing of the case, shall continue to be observed.

Process to compel appearance

80

• (1) Any direction to appear and any condition of a recognizance to appear before the Crown Court, and any summons or order to appear before that court, may be so framed as to require appearance at such time and place as may be directed by the Crown Court, and if a time or place is specified in the direction, condition, summons or order, it may be varied by any subsequent direction of the Crown Court.

• (2) Where an indictment has been signed although the person charged has not been sent for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court, or may issue a warrant for his arrest.

• (3) Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to process issued under this section as it applies to process issued under the Magistrates’ Courts Act 1980 by a magistrates’ court.

Bail

81

• (1) The Crown Court may , subject to section 25 of the Criminal Justice and Public Order Act 1994, grant bail to any person—

• (a) who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or who has been sent in custody to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; or

• (b) who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the Crown Court against his conviction or sentence; or

• (c) who is in the custody of the Crown Court pending the disposal of his case by that court; or

• (d) who, after the decision of his case by the Crown Court, has applied to that court for the statement of a case for the High Court on that decision; or

• (e) who has applied to the High Court for a quashing order to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application; or

• (f) to whom the Crown Court has granted a certificate under section 1(2) or 11(1A) of the Criminal Appeal Act 1968 or under subsection (1B) below; or

• (g) who has been remanded in custody by a magistrates’ court on adjourning a case under section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) , section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc) or—

• (i) section 5 (adjournment of inquiry into offence);

• (ii) section 10 (adjournment of trial); ...

• (iia) section 17C (intention as to plea: adjournment);

• (iii) section 18 (initial procedure on information against adult for offence triable either way); . . . or

• (iiia) section 24C (intention as to plea by child or young person: adjournment);

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) in respect of whom a judge of the Crown Court is required to make a decision pursuant to section 115(3) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge);”, and

and the time during which a person is released on bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.

• (1A) The power conferred by subsection (1)(f) does not extend to a case to which section 12 or 15 of the Criminal Appeal Act 1968 (appeal against verdict of not guilty by reason of insanity or against findings that the accused is under a disability and that he did the act or made the omission charged against him) applies.

• (1B) A certificate under this subsection is a certificate that a case is fit for appeal on a ground which involves a question of law alone.

• (1C) The power conferred by subsection (1)(f) is to be exercised—

• (a) where the appeal is under section 1 or 9 of the Criminal Appeal Act 1968, by the judge who tried the case; and

• (b) where it is under section 10 of that Act, by the judge who passed the sentence.

• (1D) The power may only be exercised within twenty-eight days from the date of the conviction appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.

• (1E) The power may not be exercised if the appellant has made an application to the Court of Appeal for bail in respect of the offence or offences to which the appeal relates.

• (1F) It shall be a condition of bail granted in the exercise of the power that, unless a notice of appeal has previously been lodged in accordance with subsection (1) of section 18 of the Criminal Appeal Act 1968—

• (a) such a notice shall be so lodged within the period specified in subsection (2) of that section; and

• (b) not later than 14 days from the end of that period, the appellant shall lodge with the Crown Court a certificate from the registrar of criminal appeals that a notice of appeal was given within that period.

• (1G) If the Crown Court grants bail to a person in the exercise of the power, it may direct him to appear—

• (a) if a notice of appeal is lodged within the period specified in section 18(2) of the Criminal Appeal Act 1968 at such time and place as the Court of Appeal may require; and

• (b) if no such notice is lodged within that period, at such time and place as the Crown Court may require.

• (1H) Where the Crown Court grants a person bail under subsection (1)(g) it may direct him to appear at a time and place which the magistrates’ court could have directed and the recognizance of any surety shall be conditioned accordingly.

• (1J) The Crown Court may only grant bail to a person under subsection (1)(g) if the magistrates’ court which remanded him in custody has certified under section 5(6A) of the Bail Act 1976 that it heard full argument on his application for bail before it refused the application.

• (2) Provision may be made by rules of court as respects the powers of the Crown Court relating to bail, including any provision—

• (a) except in the case of bail in criminal proceedings (within the meaning of the Bail Act 1976), allowing the court instead of requiring a person to enter into a recognizance, to consent to his giving other security;

• (b) allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules;

• (c) prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced;

• (d) authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers;

• (e) making provision corresponding to sections 118 and 119 of the Magistrates’ Courts Act 1980 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances).

• (3) Any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of subsection (2)(a) or otherwise.

• (4) The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—

• (a) the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station; and

• (b) the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement:

• (5) A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before that court shall be brought forthwith before —

• (a) if the person is charged with murder or with murder and one or more other offences, the Crown Court, and

• (b) in any other case, either the Crown Court or a magistrates' court.

• (6) A magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of rules under subsection (2) whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed.

• (7) In subsection (1) above “relevant transfer provision” means—

• (a) section 4 of the Criminal Justice Act 1987, or