tag:blogger.com,1999:blog-6110794854146484721.post3905558337945999910..comments2024-03-28T09:08:50.733+00:00Comments on Law and Lawyers: Crime and Courts Bill - Single County Court ~ new Family Court ~ Judicial appointments ~ Filming or recording proceedings ~ new Drug Driving OffenceObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6110794854146484721.post-55667042309039108452012-05-19T12:55:18.817+01:002012-05-19T12:55:18.817+01:00More explanation of what is happening in this cont...More explanation of what is happening in this context may be seen at <a href="http://www.homeoffice.gov.uk/publications/about-us/legislation/crime-courts-bill/" rel="nofollow">Home Office - Crime and Justice Bill</a><br /><br />Vist this page and then scroll to the bottom where there is a link to <br />EUROPEAN CONVENTION ON HUMAN RIGHTS<br /><br />This takes you to a memo. dealing with the Convention compatibility of the Bill. In there is a lengthy section entitled "Access to hearings and publication of information from proceedings in the Family Court"<br /><br />This commences:- <br /><br />Provisions in the Bill for the family court include provision as to the powers of the court. Where such powers are not expressly conferred (whether in freestanding provision or by amendments to existing legislation), new section 31E(1) of the 1984 Act, inserted by Schedule 10 to the Bill, ensures that the family court will have the power to make any order which could be made by the High Court or the county court, were the proceedings in such a court. Family Procedure Rules made under section 75 of the Courts Act 2003 will apply to the family court (by virtue of the amendments to that section made in Schedule 10 to the Bill). <br /><br />The family court will have the same powers as the High Court and county courts have now to regulate access to hearings and disclosure of information from family proceedings. The intention is largely to replicate for the family court the provisions currently in force. This will necessitate the repeal of the uncommenced Part 2 of the Children, Schools and Families Act 2010, which made new provision in respect of access to, and disclosure of information from, family proceedings, but which the Government has stated it does not intend to bring into force. Provision for that repeal is made in clause 17(4) of the Bill.<br /><br />The Government’s response to the Inquiry, issued on 26 October 2011, accepted the recommendation and stated that “Ministers advised Parliament in October 2010 that no decision would be taken on commencement of these provisions until the outcome of the Family Justice Review. However, in light of the committee’s findings, we have decided to bring forward that decision.”.<br /><br />Hope this helps. I wish they would not bury the detail quite so deeply !!!ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-67370434251044506792012-05-18T17:56:48.478+01:002012-05-18T17:56:48.478+01:00Thanks! I had not spotted that Part 2 CS&F Act...Thanks! I had not spotted that Part 2 CS&F Act 2010 had been repealed. So, what next for the 'opening up the family courts campaign'?Julienoreply@blogger.com