Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

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Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions
     Rule 37  - (1) An application for registration in the High Court of a certificate in respect of any money provisions contained in a judgment given in another part of the United Kingdom to which section 18 of the Act of 1982 applies may be made by producing at the Central Office of the Supreme Court, within six months from the date of its issue, a certificate in the appropriate form prescribed under that Act together with a copy thereof certified by the applicant's solicitor to be a true copy.

    (2) A certificate under paragraph (1) must be filed in the Central Office of the Supreme Court and the certified copy thereof, sealed by an officer of the office in which the certificate is filed, shall be returned to the applicant's solicitor.

    (3) A certificate in respect of any money provisions contained in a judgment of the High Court to which section 18 of the Act of 1982 applies may be obtained by producing the form of certificate prescribed in Form 111 at the office in which the judgment is entered, together with a witness statement or affidavit made by the party entitled to enforce the judgment - 

    (a) giving particulars of the judgment, stating the sum or aggregate of the sums (including any costs or expenses) payable and unsatisfied under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;

    (b) verifying that the time for appealing against the judgment has expired, or that any appeal brought has been finally disposed of and that enforcement of the judgment is not stayed or suspended; and

    (c) stating to the best of the information or belief of the witness the usual or last known address of the party entitled to enforce the judgment and of the party liable to execution on it.

Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisions
     Rule 38  - (1) An application for registration in the High Court of a judgment which contains non-money provisions, being a judgment given in another part of the United Kingdom to which section 18 of the Act of 1982 applies, may be made without notice being served on any other party, but the Court hearing the application may direct a claim form to be filed and served to which paragraphs (2) and (3) of rule 2 shall apply.

    (2) An application under paragraph (1) must be accompanied by a certified copy of the judgment issued under Schedule 7 to the Act of 1982 and a certificate in the appropriate form prescribed for the purposes of paragraph 4 (1)(b) of that Schedule issued not more than six months before the date of application.

    (3) Rules 30 and 32 of this Order shall apply to judgments registered under Schedule 7 to the Act of 1982 as they apply to judgments registered under section 4 of that Act.

    (4) Paragraphs (1) and (2) of rule 9 shall apply to applications to set aside registration of a judgment under Schedule 7 to the Act of 1982 as they apply to judgments registered under the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933.

    (5) A certified copy of a judgment of the High Court to which section 18 of the Act of 1982 applies and which contains any non-money provision may be obtained by an application on witness statement or affidavit to the Court.

    (5A) An application referred to in paragraph (5) need not be served on any other party.

    (6) The requirements in paragraph (3) of rule 37 shall apply with the necessary modifications to a witness statement or affidavit made in an application under paragraph (5) of this rule.

    (7) A certified copy of a judgment shall be an office copy sealed with the seal of the Supreme Court to which shall be annexed a certificate in Form 112.

Register of United Kingdom judgments
     Rule 39 There shall be kept in the Central Office of the Supreme Court under the direction of the Senior Master a register of the certificates in respect of judgments and of the judgments ordered to be registered in the Central Office of the Supreme Court under Schedule 6, or, as the case may be, Schedule 7 to the Act.

Authentic Instruments and Court Settlements
     Rule 39A Rules 27 to 35 inclusive (except rule 28 (1)(a)(ii)) shall apply to:

    (1) an authentic instrument to which either article 50 of Schedule 1 to the Act of 1982 or article 50 of Schedule 3C to the Act applies; and

    (2) a settlement to which either article 51 of Schedule 1 to the Act of 1982 or article 51 of Schedule 3C to that Act applies,

as they apply to a judgment subject to any necessary modifications.

IV. Enforcement of Recommendations etc. Under the Merchant Shipping (Liner Conferences) Act 1982[139]


Exercise of powers
     Rule 40 The powers conferred on the High Court under the Merchant Shipping (Liner Conferences) Act 1982 (in this Part of this Order referred to as "the Act of 1982") may be exercised by a Commercial Judge.

Application for registration
     Rule 41 An application under section 9 of the Act of 1982 for the registration of a recommendation, determination or award, shall be made by claim form.

Evidence in support of application
     Rule 42  - (1) An application under section 9 of the Act of 1982 for the registration of a recommendation must be supported by a witness statement or affidavit - 

    (a) exhibiting a verified or certified or otherwise duly authenticated copy of the recommendation and the reasons therefor and of the record of settlement;

    (b) where the recommendation and reasons or the record of settlement is not in the English language, a translation thereof into English certified by a notary public or authenticated by witness statement or affidavit;

    (c) exhibiting copies of the acceptance of the recommendation by the parties upon whom it is binding, where the acceptance was in writing, or otherwise verifying the acceptance;

    (d) giving particulars of the failure to implement the recommendation; and

    (e) verifying that none of the grounds which would render the recommendation unenforceable under section 9(2) of the Act of 1982 is applicable.

    (2) An application under section 9 of the Act of 1982 for the registration of a determination or award as to costs must be supported by a witness statement or affidavit - 

    (a) exhibiting a verified or certified or otherwise duly authenticated copy of the recommendation or other document containing the pronouncement on costs; and

    (b) stating that such costs have not been paid.

Order for registration
     Rule 43  - (1) An order giving permission to register a recommendation, determination or award under section 9 of the Act of 1982 must be drawn up by or on behalf of the party making the application for registration.

    (2) Such an order shall contain a provision that the reasonable costs of registration be taxed.

Register of recommendations etc.
     Rule 44  - (1) There shall be kept in the Admiralty and Commercial Registry under the direction of the Senior Master a register of the recommendations, determinations and awards ordered to be registered under section 9 of the Act of 1982.

    (2) There shall be included in such register particulars of the enforcement of a recommendation, determination or award so registered.



RSC ORDER 74

APPLICATIONS AND APPEALS UNDER THE MERCHANT SHIPPING ACT 1995[140]

Assignment of proceedings
     Rule 1  - (1) Subject to paragraph (2), proceedings by which any application is made to the High Court under the Merchant Shipping Act 1995 shall be assigned to the Queen's Bench Division and taken by the Admiralty Court.

Appeals and re-hearings
     Rule 2  - (1) An appeal to the High Court under section 28 of the Pilotage Act 1913[141] against a decision of a county court judge or a magistrate shall be heard and determined by a Divisional Court of the Queen's Bench Division constituted as far as practicable of Admiralty Judges.

    (2) Subject to the provisions of this rule, Orders 55 and 57 shall apply in relation to an appeal to the High Court under the Merchant Shipping Act 1995 and for this purpose a re-hearing and an application under section 61 of the Merchant Shipping Act 1995 shall be treated as an appeal.

    (3) In the case of an appeal to which paragraph (2) applies, the documents required to be filed before entry for the purposes of Order 57, rule 2 (1) shall include the report, if any, to the Secretary of State containing the decision from which the appeal is brought.

    (4) Where a re-hearing by the High Court is ordered under sections 64 or 269 of the Merchant Shipping Act 1995, the Secretary of State shall cause such reasonable notice to be given to the parties whom he considers to be affected by the re-hearing as the circumstances of the case may, in his opinion, permit.



RSC ORDER 77

PROCEEDINGS BY AND AGAINST THE CROWN

Application and interpretation
     Rule 1  - (1) These rules apply to civil proceedings to which the Crown is a party subject to the following rules of this Order.

    (2) In this Order - 

    "civil proceedings by the Crown", "civil proceedings against the Crown" and "civil proceedings by or against the Crown" have the same respective meanings as in Part II of the Crown Proceedings Act 1947[142], and do not include any of the proceedings specified in section 23(3) of that Act;

    "civil proceedings to which the Crown is a party" has the same meaning as it has for the purposes of Part IV of the Crown Proceedings Act 1947, by virtue of section 38 (4) of that Act;

    "order against the Crown" means any order (including an order for costs) made in any civil proceedings by or against the Crown or in any proceedings on the Crown side of the Queen's Bench Division, or in connection with any arbitration to which the Crown is a party, in favour of any person against the Crown or against a government department or against an officer of the Crown as such;

    "order" includes a judgment, decree, rule, award or declaration.

Transfer of proceedings
     Rule 2  - (1) Subject to paragraph (2) in civil proceedings by or against the Crown no order shall be made under CPR Part 30 for the transfer of the proceedings, or of any application therein, from the Royal Courts of Justice to a district registry, except with the consent of the Crown.

    (2) In any civil proceedings against the Crown begun by the issue of a claim form out of a district registry the Crown may acknowledge service of the claim form either in the district registry or, at the option of the Crown, in the appropriate office of the Supreme Court at the Royal Courts of Justice, and where service is acknowledged in an office of the Supreme Court at the Royal Courts of Justice the claim shall thereafter proceed in the Royal Courts of Justice and no order shall be made under CPR Part 30 for the transfer of any proceedings before the trial from the Royal Courts of Justice to a district registry.

Particulars to be included in claim form
     Rule 3  - (1) In the case of a claim form which begins civil proceedings against the Crown the contents of the claim form required by CPR rule 16.2 shall include a statement of the circumstances in which the Crown's liability is alleged to have arisen and as to the government department and officers of the Crown concerned.

    (2) If in civil proceedings against the Crown a defendant considers that the claim form does not contain a sufficient statement as required by this rule, he may, before the expiration of the time limited for acknowledging service of the claim form, apply to the claimant by notice for a further and better statement containing such information as may be specified in the notice.

    (3) Where a defendant gives a notice under this rule, the time limited for acknowledging service of the claim form shall not expire until 4 days after the defendant has notified the claimant in writing that the defendant is satisfied with the statement supplied in compliance with the notice or 4 days after the Court has, on the application of the claimant in accordance with CPR Part 23, decided that no further information as to the matters referred to in paragraph (1) is reasonably required.

    (3A) An application notice under paragraph (3) shall be served on the defendant not less than 7 days before the hearing.

Service on the Crown
     Rule 4  - (1) Order 11 and any other provision of these rules relating to service out of the jurisdiction shall not apply in relation to the service of any process by which civil proceedings against the Crown are begun.

    (2) Personal service of any document required to be served on the Crown for the purpose of or in connection with any civil proceedings is not requisite; but where the proceedings are by or against the Crown service on the Crown must be effected - 

    (a) by leaving the document at the office of the person who is in accordance with section 18 of the Crown Proceedings Act 1947, to be served, or of any agent whom that person has nominated for the purpose, but in either case with a member of the staff of that person or agent; or

    (b) by posting it in a prepaid envelope addressed to the person who is to be served as aforesaid or to any such agent as aforesaid.

    (3) Any document (other than a claim form) service of which is effected under paragraph 2(a) between 12 noon on a Saturday and midnight on the following day or after 4 in the afternoon on any other weekday shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the Monday following that Saturday or on the day following that other weekday, as the case may be.

    (4) Where by virtue of these rules any document is required to be served on any person but is not required to be served personally and at the time when service is to be effected that person is in default as to acknowledgment of service or has no address for service, the document need not be served on that person unless the Court otherwise directs or any of these rules otherwise provides.

    (5)

    (a) No process shall be served or executed within the jurisdiction on a Sunday except, in case of urgency, with the permission of the Court.

    (b) For the purposes of this rule "process" includes a claim form, judgment, application or other notice, order, petition, or warrant.

Counterclaim and set-off
     Rule 6  - (1) A person may not in any proceedings by the Crown make any counterclaim or claim a set-off in his statement of case if the proceedings are for the recovery of, or the counterclaim or set-off arises out of a right or claim to repayment in respect of, any taxes, duties or penalties.

    (2) No counterclaim may be made, or set-off claimed in its statements of case, without the permission of the Court, by the Crown in proceedings against the Crown, or by any person in proceedings by the Crown - 

    (a) if the Crown is sued or sues in the name of a Government department and the subject-matter of the counterclaim or set-off does not relate to that department; or

    (b) if the Crown is sued or sues in the name of the Attorney-General.

    (3) Any application for permission under this rule must be made by in accordance with CPR Part 23.

Summary judgment
     Rule 7  - (1) No application shall be made against the Crown - 

    (a) under CPR Part 24, or Order 86, rule 1, in any proceedings against the Crown,

    (b) for summary judgment on a counterclaim under CPR Part 24 in any proceedings by the Crown.

    (2) Where an application is made by the Crown under CPR Part 24, or Order 86, rule 1, the affidavit or witness statement required in support of the application must be made by - 

    (a) the solicitor acting for the Crown, or

    (b) an officer duly authorised by the solicitor so acting or by the department concerned

and the witness statement or affidavit shall be sufficient if it states that in the belief of the witness the applicant is entitled to the relief claimed and there is no defence to the claim or part of a claim to which the application relates or no defence except as to the amount of any damages claimed.

Summary applications to the Court in certain revenue matters
     Rule 8  - (1) This rule applies to applications under section 14 of the Crown Proceedings Act 1947[143].

    (2) An application to which this rule applies shall be made by claim form.

    (3) The person from whom any account or information or payment is claimed or by whom any books are required to be produced must be made a defendant to the application.

    (4) A claim form under this rule - 

    (a) must be entitled in the matter or matters out of which the need for the application arises and in the matter of the Crown Proceedings Act 1947; and

    (b) must refer to the enactment under which the account or information or payment or the production of books is claimed and, where information is claimed, must show (by appropriate questions or otherwise) what information is required.

    (5) Upon any application to which this rule applies, a witness statement or affidavit by a duly authorised officer of the Government department concerned setting out the state of facts upon which the application is based and stating that he has reason to think that those facts exist shall be evidence of those facts; and if evidence is filed disputing any of those facts, further evidence may be filed and the Court may either decide the matter upon the witness statements or affidavits (after any cross-examination that may have been ordered) or may direct that it be decided by oral evidence in Court.

    (6) An order in favour of the Crown on an application to which this rule applies shall, unless the Court otherwise determines, name a time within which each of its terms is to be complied with.

    (8) Nothing in this rule shall, in relation to any case in which the only remedy claimed by the Crown is the payment of money, be construed as requiring the Crown to proceed by way of an application to which this rule applies or as preventing the Crown from availing itself of any other procedure which is open to it under these rules.

Joinder of Commissioners of Inland Revenue
     Rule 8A Nothing in CPR rule 19.3 shall be construed as enabling the Commissioners of Inland Revenue to be added as a party to any proceedings except with their consent signified in writing or in such manner as may be authorised.

Judgment in default
     Rule 9  - (1) Except with the permission of the Court, no judgment in default under CPR Part 12 shall be entered against the Crown in civil proceedings against the Crown.

    (2) Except with the permission of the Court, a defendant shall not enter default judgment against the Crown as a third party.

    (3) An application for permission under this rule may be made by an application in accordance with CPR Part 23 and the application notice must be served not less than 7 days before the return day.

Third party notices
     Rule 10  - (1) A Part 20 claim for service on the Crown, where the Crown is not already a party shall not be issued without the permission of the Court, and the application for the grant of such permission must be made by application in accordance with CPR Part 23, and the application notice must be served on the claimant and the Crown.

    (2) Permission to issue such a claim for service on the Crown shall not be granted unless the Court is satisfied that the Crown is in possession of all such information as it reasonably requires as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned.

Interpleader: application for order against Crown
     Rule 11 No order shall be made against the Crown under Order 17, rule 5 (3) except upon an application by claim form served not less than 7 days before the return day.

Disclosure and further information
     Rule 12  - (3) Where in any proceedings an order of the Court directs that a list of documents made in answer to an order for disclosure against the Crown shall be verified by witness statement or affidavit, the witness statement or affidavit shall be made by such officer of the Crown as the Court may direct.

    (4) Where in any proceedings an order is made under the said section 28 for further information to be provided by the Crown, the Court shall direct by what officer of the Crown the further information is to be provided.

Place of trial
     Rule 13  - (1) Civil proceedings by or against the Crown shall not, except with the consent of the Crown, be directed to be tried elsewhere than at the Royal Courts of Justice.

    (2) Nothing in any of these rules shall prejudice the right of the Crown to demand a local venue for the trial of any proceedings in which the Attorney General has waived his right to a trial at bar.

Evidence
     Rule 14  - (1) Civil proceedings against the Crown may be instituted to perpetuate any testimony in any case in which the Crown is alleged to have an interest or estate in the honour, title, dignity or office or property in question.

    (2) For the avoidance of doubt it is hereby declared that any powers exercisable by the Court in regard to the taking of evidence are exercisable in proceedings by or against the Crown as they are exercisable in proceedings between subjects.

Execution and satisfaction of orders
     Rule 15  - (1) Nothing in Orders 45 to 52 shall apply in respect of any order against the Crown.

    (2) An application under the proviso to subsection (1) of section 25 of the Crown Proceedings Act 1947, for a direction that a separate certificate shall be issued under that subsection with respect to the costs (if any) ordered to be paid to the applicant, may be made to the Court without notice being served on any other party.

    (3) Any such certificate must be in Form No. 95 or 96 in the relevant Practice Direction, whichever is appropriate.

Attachment of debts, etc.
     Rule 16  - (1) No order - 

    (a) for the attachment of debts under Order 49, or

    (b) for the appointment of a sequestrator under Order 45, or

    (c) for the appointment of a receiver under Order 30 or 51,

shall be made or have effect in respect of any money due or accruing due, or alleged to be due or accruing due, from the Crown.

    (1A) No application shall be made under paragraph (2) unless the order of the court to be enforced is for a sum of money amounting in value to at least 50.

    (2) Every application to the Court for an order under section 27 (1) of the Crown Proceedings Act 1947[144] restraining any person from receiving money payable to him by the Crown and directing payment of the money to the applicant or some other person must be made by claim form and, unless the Court otherwise directs, served - 

    (a) on the Crown at least 15 days before the return day, and

    (b) on the person to be restrained or his solicitor at least 7 days after the claim form has been served on the Crown and at least 7 days before the return day.

    (2A) An application under paragraph (2) must be supported by a witness statement or affidavit - 

    (a) setting out the facts giving rise to the application;

    (b) stating the name and last known address of the person to be restrained;

    (c) identifying the order to be enforced and stating the amount of such order and the amount remaining unpaid under it at the time of the application, and

    (d) identifying the particular debt from the Crown in respect of which the application is made.

    (2B) Where the debt from the Crown in respect of which the application is made is money payable by the Crown to a person on account of a deposit in the National Savings Bank, the witness statement or affidavit must state the name and address of the branch of the Post Office at which the account is believed to be held and the number of that account or, if it be the case, that all or part of this information is not known to the witness.

    (2C) A Master, the Admiralty Registrar and a district judge of the Family Division shall have power to hear an application under paragraph (2).

    (3) Order 49, rules 5 and 6, shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person from receiving money payable to him by the Crown as those rules apply to an application under Order 49, rule 1, for an order for the attachment of a debt owing to any person from a garnishee, except that the Court shall not have power to order execution to issue against the Crown.

Proceedings relating to postal packets
     Rule 17  - (1) An application by any person under section 30 (5) of the Post Office Act 1969[145], for permission to bring proceedings in the name of the sender or addressee of a postal packet or his personal representatives must be made by claim form in the Queen's Bench Division.

    (2) The Crown and the person in whose name the applicant seeks to bring proceedings must be made defendants to a claim under this rule.

Applications under ss.17 and 29 of Crown Proceedings Act
     Rule 18  - (1) Every application to the Court under section 17 (4) of the Crown Proceedings Act 1947, must be made by claim form.

    (2) An application such as is referred to in section 29 (2) of the Crown Proceedings Act 1947, may be made to the Court at any time before trial in accordance with CPR Part 23, or may be made at the trial of the proceedings.



RSC ORDER 79

CRIMINAL PROCEEDINGS

Estreat of recognizances
     Rule 8  - (1) No recognizance acknowledged in or removed into the Queen's Bench Division shall be estreated without the order of a judge.

    (2) Every application to estreat a recognizance in the Queen's Bench Division must be made by claim form and will be heard by a judge sitting in private and must be supported by a witness statement or affidavit showing in what manner the breach has been committed and proving that the claim form was duly served.

    (2A) When it issues the claim form the court will fix a date for the hearing of the application.

    (3) A claim form under this rule must be served at least 2 clear days before the day named therein for the hearing.

    (4) On the hearing of the application the judge may, and if requested by any party shall, direct any issue of fact in dispute to be tried by a jury.

    (5) If it appears to the judge that a default has been made in performing the conditions of the recognizance, the judge may order the recognizance to be estreated.

Bail
     Rule 9  - (1) Subject to the provisions of this rule, every application to the High Court in respect of bail in any criminal proceeding - 

    (a) where the defendant is in custody, must be made by claim form to a judge sitting in private to show cause why the defendant should not be granted bail;

    (b) where the defendant has been admitted to bail, must be made by claim form to a judge sitting in private to show cause why the variation in the arrangements for bail proposed by the applicant should not be made.

    (2) Subject to paragraph (5), the claim form (in Form No. 97 or 97A in the relevant practice direction) must, at least 24 hours before the day named therein for the hearing, be served - 

    (a) where the application was made by the defendant, on the prosecutor and on the Director of Public Prosecutions, if the prosecution is being carried on by him;

    (b) where the application was made by the prosecutor or a constable under section 3 (8) of the Bail Act 1976[146], on the defendant.

    (3) Subject to paragraph (5), every application must be supported by witness statement or affidavit.

    (4) Where a defendant in custody who desires to apply for bail is unable through lack of means to instruct a solicitor, he may give notice in writing to the judge sitting in private stating his desire to apply for bail and requesting that the official solicitor shall act for him in the application, and the judge may, if he thinks fit, assign the official solicitor to act for the applicant accordingly.

    (5) Where the official solicitor has been so assigned the judge may, if he thinks fit, dispense with the requirements of paragraphs (1) to (3) and deal with the application in a summary manner.

    (6) Where the judge sitting in private by whom an application for bail in criminal proceedings is heard grants the defendant bail, the order must be in Form No. 98 in the relevant Practice Direction and a copy of the order shall be transmitted forthwith - 

    (a) where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

    (b) in any other case, to the clerk of the court which committed the defendant.

    (6A) The recognizance of any surety required as a condition of bail granted as aforesaid may, where the defendant is in a prison or other place of detention, be entered into before the governor or keeper of the prison or place as well as before the persons specified in section 8 (4) of the Bail Act 1976.

    (6B) Where under section 3 (5) or (6) of the Bail Act 1976[147] a judge sitting in private imposes a requirement to be complied with before a person's release on bail, the judge may give directions as to the manner in which and the person or persons before whom the requirement may be complied with.

    (7) A person who in pursuance of an order for the grant of bail made by a judge under this rule proposes to enter into a recognizance or give security must, unless the judge otherwise directs, give notice (in Form No. 100 in the relevant Practice Direction) to the prosecutor at least 24 hours before he enters into the recognizance or complies with the requirements as aforesaid.

    (8) Where in pursuance of such an order as aforesaid a recognizance is entered into or requirement complied with before any person, it shall be the duty of that person to cause the recognizance or, as the case may be, a statement of the requirement complied with to be transmitted forthwith - 

    (a) where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

    (b) in any other case, to the clerk of the court which committed the defendant

and a copy of such recognizance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the defendant is detained, unless the recognizance was entered into or the requirement complied with before such governor or keeper.

    (10) An order by the judge sitting in private varying the arrangements under which the defendant has been granted bail shall be in Form 98A in the relevant practice direction and a copy of the order shall be transmitted forthwith - 

    (a) where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

    (b) in any other case, to the clerk of the court which committed the defendant.

    (11) Where in pursuance of an order of a judge sitting in private or of a Crown Court a person is released on bail in any criminal proceeding pending the determination of an appeal to the High Court or House of Lords or an application for an order of certiorari, then, upon the abandonment of the appeal or application, or upon the decision of the High Court or House of Lords being given, any justice (being a justice acting for the same petty sessions area as the magistrates' court by which that person was convicted or sentenced) may issue process for enforcing the decision in respect of which such appeal or application was brought or, as the case may be, the decision of the High Court or House of Lords.

    (12) If an applicant to the High Court in any criminal proceedings is refused bail by a judge sitting in private, the applicant shall not be entitled to make a fresh application for bail to any other judge or to a Divisional Court.

    (13) The record required by section 5 of the Bail Act 1976[148] to be made by the High Court shall be made by including in the file relating to the case in question a copy of the relevant order of the Court and shall contain the particulars set out in Form No. 98 or 98A in the relevant Practice Direction, whichever is appropriate, except that in the case of a decision to withhold bail the record shall be made by inserting a statement of the decision on the Court's copy of the relevant claim form and including it in the file relating to the case in question.

    (14) In the case of a person whose return or surrender is sought under the Extradition Act 1989[149], this rule shall apply as if references to the defendant were references to that person and references to the prosecutor were references to the State seeking the return or surrender of that person.

Issue of witness summonses, etc.
     Rule 10  - (1) A witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965[150] may be issued out of the Crown Office or a district registry.

    A witness summons under the said section 2 must be in Form No. 101 or 103 in the relevant Practice Direction, whichever is appropriate.

    (2) An application under section 2 (2) of the said Act for a direction that a witness summons shall be of no effect shall be brought by claim form, and the application shall be heard and determined in private.

Application for warrant to arrest witness
     Rule 11  - (1) An application to a judge of the High Court under section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965[151] for the issue of a warrant to arrest a witness and bring him before the court before which he is required to attend must be made by claim form supported by witness statement or affidavit, and the application may be heard and determined either in public or private.

    (2) A claim form by which such an application is made need not be served on the person sought to be arrested unless the judge otherwise directs.






Notes


[139] c.37.back

[140] 1995 c.21.back

[141] 1913 c.31.back

[142] 1947 c.44.back

[143] 1947 c.44; section 14 was amended by the Finance Act 1975 (c.7), section 52(1), schedule 12, paragraph 28; by the Inheritance Tax Act 1984 (c.51), section 276, schedule 8, paragraph 2; and by the Finance Act 1972 (c.41), section 55.back

[144] 1947 c.44; section 27(1) was amended by the Supreme Court Act 1981 (c.54), section 139(1) and schedule 7.back

[145] 1969 c.48.back

[146] 1976 c.63; section 3(8) was amended by the Criminal Law Act 1977 (c.45), section 65(4), schedule 12.back

[147] 1976 c.63; section 3(6) was amended by the Criminal Justice and Public Order Act 1994 (c.33), sections 27(2), 168(3), schedule 11.back

[148] 1976 c.63; section 5 was amended by the Criminal Justice Act 1982 (c.48), section 60; and by the Criminal Law Act 1977 (c.45), section 65(4), schedule 12; and by the Criminal Justice and Public Order Act 1994 (c.33), section 27(4), schedule 3, paragraph 1.back

[149] 1989 c.33.back

[150] 1965 c.69; section 2 was amended by the Courts Act 1971 (c.23), section 56(1), schedule 8, paragraph 45(2).back

[151] 1965 c.69; Section 4 was amended by the Courts Act 1971 (c.23), section 56(1), schedule 8, Part II, paragraph 45(4); and by the Criminal Procedure and Investigations Act 1996 (c.25), sections 65, 80, schedule 5.back



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