To the Freedom of Information Officer, Judicial Conduct Investigations Office (JCIO),
Under the Freedom of Information Act 2000, I am requesting recorded information held by the Judicial Conduct Investigations Office regarding the current professional rules, practice directions, and operational procedures concerning a “Bill of Exceptions” (historically and sometimes referred to as a Bill of Exemption) when invoked specifically for privilege claims.
Background and Statutory Context
The Bill of Exceptions was established by the Statute of Westminster II (1285) to allow a party to record a formal disagreement with a judge or justice of the peace regarding a claim of right or privilege. Having examined several historical specimens of these Bills, it is evident that while the procedure was largely superseded for standard civil and criminal appeals, it was explicitly and specifically preserved for privilege claims under the savings clauses of the Statute Law Revision and Civil Procedure Act 1881 (and remains unrepealed for general use in Scotland).
Because these Bills are not explicitly detailed in the modern standard Criminal or Civil Procedure Rules, but are statutorily preserved for instances where a disagreement arises with a judge or justice of the peace over a privilege claim, I require the contemporary operational guidance governing them.
Information Requested
Please provide the following recorded legal information (not legal advice):
- Current Professional Rules: The current professional rules or practice directions in effect governing a judge’s or justice of the peace’s obligation to process, sign, or seal a Bill of Exceptions for privilege claims.
- Procedural Steps: Recorded information confirming the current procedural mechanics of the Bill. Please confirm if the procedure remains as historically established:
- The claimant writes the Bill, setting the disagreement in writing.
- The judge or justice of the peace signs or seals the Bill.
- A copy is provided to each party.
- A copy is forwarded to His Majesty King Charles III or the Privy Council.
- If the current procedure differs from the above, please provide the recorded information detailing the contemporary process.
- Overriding Objectives and Existing Rights: Recorded information or legal guidance outlining whether the preserved right to a Bill of Exceptions now formally falls under the “Overriding Objective” as an “existing right of the parties.” Furthermore, please provide information on how this preserved privilege practically fits into the Criminal Procedure Rules (CrimPR) regarding the procedural rights of a defendant, or within the Civil Procedure Rules (CPR)
Statutory References (For Identification of the Preserved Right)
To assist your office in identifying the specific mechanism and the requested recorded information, the legislative provisions originating and preserving this procedure are reproduced below:
A. The Statute of Westminster II (13 Edw. 1 c. 31)
“When one that is impleaded before any of the justices doth allege an exception, praying that the justices will allow it, which if they will not allow, if he that alleged the exception do write the same exception, and require that the justices will put to their seals for a witness, the justices shall so do; and if one will not, another of the company shall. And if the king, upon complaint made of the justices, cause the record to come before him, and the same exception be not found in the roll, and the plaintiff show the exception written, with the seal of a justice put to, the justice shall be commanded that he appear at a certain day, either to confess or deny his seal. And if the justice cannot deny his seal, they shall proceed to judgment according to the same exception, as it ought to be allowed or disallowed.”
B. Statute Law Revision and Civil Procedure Act 1881 (Savings Clauses Preserving Jurisdiction and Privilege)
“The repeal effected by this Act shall not affect— (a) Anything done or suffered before the passing of this Act under any enactment repealed by this Act; or (b) Any jurisdiction or principle or rule of law or equity established or confirmed, or right or privilege acquired, or duty or liability imposed or incurred, or compensation secured, by or under any enactment so repealed; or (c) Any right to any hereditary revenues of the Crown, or any charges thereon; or (d) The repeal, confirmation, revival, or perpetuation by any enactment so repealed of any enactment not so repealed; or (e) The application or incorporation of any enactment so repealed by any enactment not so repealed.”
“This Act shall not be deemed to revive or restore any jurisdiction, office, duty, fee, payment, franchise, liberty, custom, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter or thing not now existing or in force.”
I look forward to your response providing the requested recorded information within the statutory 20 working days.