As discussed in the post of 15th May, Part 1 of the government's Crime and Courts Bill - (sponsored by the Home Office) - will create a new National Crime Agency (NCA) and abolish the Serious Organised Crime Agency (SOCA) and the National Policing Improvement Agency (NPIA).. See the text of the Bill as it stood at First Reading and Explanatory Notes. For more information see also Home Office - Crime and Courts Bill
Civil and Family Proceedings: Clause 17 - Unified County Court and a new Family Court
The County Courts Act 1984 is amended. A new section A1 is inserted which will create a single County Court for England and Wales. The court will have the jurisdiction and powers conferred on it - (a) by or under the Crime and Courts Act or any other Act; (b) by or under any Act, or Measure, of the National Assembly for Wales. The court will be a "court of record" and will have a seal. Sections 1 and 2 of the County Courts Act 1984 requiring County Courts to be held for Districts will be repealed.
The Bill also inserts Part 4A into the Matrimonial and Family Proceedings Act 1984 to create a Family Court for England and Wales. It will have the jurisdiction and powers conferred on it - (a) by or under the Crime and Courts Act or any other Act; (b) by or under any Act, or Measure, of the National Assembly for Wales. The court will be a "court of record" and will have a seal.
Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is repealed. This will remove from the statute book a so far unimplemented scheme relating to publication of information relating to family proceedings. (See Commenting on Family Cases 17th May 2011). There are also further repeals relating to this Act.
Clause 17 also gives effect to Schedule 9 (amendments in connection with the county court replacing the
existing county courts) has effect and Schedules 10 and 11 (amendments in connection with the establishment of the family court). These Schedules are, in themselves, very detailed and they will be supplemented by both court rules and Regulations.
The creation of the Family Court requires legislation. However, there are many other developments taking place in family law - see Family Justice Modernisation Programme
Part 2 contains provisions to facilitate greater diversity among judges. Part 3 amends provisions about membership of the Judicial Appointments Commission. Part 4 makes provision about selection for certain judicial appointments, and provides for the transfer, from the Lord Chancellor to the Lord Chief Justice or the Senior President of Tribunals, of functions in connection with selection for and appointment to judicial offices. Part 5 abolishes the office of assistant Recorder.
Enabling the making, and use, of films and other recordings of proceedings - Clause 22 - In England and Wales, the recording and broadcasting of the proceedings of a court or tribunal is prohibited by section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981. It is an offence to breach section 41 of the Criminal Justice Act 1925 and it is a contempt of court to breach section 9 of the Contempt of Court Act 1981. By virtue of section 47 of Constitutional Reform Act 2005, the Supreme Court of the United Kingdom is exempt from the prohibition in the Criminal Justice Act 1925 and proceedings are routinely recorded and broadcast.
The Secretary of State may by regulations make provision for, or in connection with, dealing non-custodially with offenders aged 18 or over.
On 27 March 2012, the Ministry of Justice published a consultation on community sentencing entitled Punishment and Reform: Effective Community Sentences The consultation seeks views on a set of proposed reforms to the way sentences served in the community operate in England and Wales. The consultation is scheduled to conclude on 22 June 2012. Clause 23 is designed as a placeholder to allow the Secretary of State for Justice to bring forward amendments in the light of responses to the consultation.
Amendment of Road Traffic Law - Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit - Clause 27
(so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.
See Department for Transport - Frequently Asked Questions - Drug Driving offence and drug screening devices
and any damage to the vehicle.