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18 Senior District Judge (Chief Magistrate) | |
The Lord Chancellor— | |
(a) may designate one of the District Judges (Magistrates’ Courts) to be | |
Senior District Judge (Chief Magistrate), and | |
(b) if he does so, may designate another of them to be the deputy of the | 5 |
Senior District Judge (Chief Magistrate). | |
19 Deputy District Judges (Magistrates’ Courts) | |
(1) The Lord Chancellor may appoint a person who has a 7 year general | |
qualification to be a Deputy District Judge (Magistrates’ Courts) for such | |
period as the Lord Chancellor considers appropriate (but subject to subsection | 10 |
(4)). | |
(2) A Deputy District Judge (Magistrates’ Courts) must, before acting as such, take | |
the oath of allegiance and judicial oath in accordance with the Promissory | |
Oaths Act 1868 (c. 72) and the Promissory Oaths Act 1871 (c. 48), except that the | |
oaths— | 15 |
(a) must be taken before someone other than a lay justice, and | |
(b) may be taken before a District Judge (Magistrates’ Courts). | |
(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates’ Courts) | |
such remuneration and allowances as he may determine. | |
(4) The Lord Chancellor may remove a Deputy District Judge (Magistrates’ | 20 |
Courts) from office on the ground of incapacity or misbehaviour. | |
(5) During the period of his appointment, a Deputy District Judge (Magistrates’ | |
Courts)— | |
(a) is to act as a District Judge (Magistrates’ Courts), and | |
(b) is to be treated for all purposes (apart from appointment, tenure, | 25 |
remuneration, allowances and pensions) as if he were a District Judge | |
(Magistrates’ Courts). | |
20 District Judges (Magistrates’ Courts) as justices of the peace | |
(1) A District Judge (Magistrates’ Courts) is by virtue of his office a justice of the | |
peace for England and Wales. | 30 |
(2) It is the duty of a District Judge (Magistrates’ Courts) to act as a justice of the | |
peace in any local justice area in accordance with arrangements made by or on | |
behalf of the Lord Chancellor. | |
21 District Judges (Magistrates’ Courts) able to act alone | |
(1) Nothing in the 1980 Act— | 35 |
(a) requiring a magistrates’ court to be composed of two or more justices, | |
or | |
(b) limiting the powers of a magistrates’ court when composed of a single | |
justice, | |
applies to a District Judge (Magistrates’ Court). | 40 |
(2) A District Judge (Magistrates’ Court) may— | |
(a) do any act, and | |
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(b) exercise alone any jurisdiction, | |
which can be done or exercised by two justices, apart from granting or | |
transferring a licence. | |
(3) Any enactment making provision ancillary to the jurisdiction exercisable by | |
two justices of the peace also applies to the jurisdiction of a District Judge | 5 |
(Magistrates’ Courts), unless the provision relates to granting or transferring a | |
licence. | |
(4) This section does not apply to the hearing or determination of family | |
proceedings (as defined by section 65 of the 1980 Act). | |
(5) “The 1980 Act” means the Magistrates’ Courts Act 1980 (c. 43). | 10 |
Justices’ clerks and assistant clerks | |
22 Justices’ clerks and assistant clerks | |
(1) A justices’ clerk is a person who is— | |
(a) appointed by the Lord Chancellor under section 2(1), and | |
(b) designated by the Lord Chancellor as a justices’ clerk. | 15 |
(2) A person may be designated as a justices’ clerk only if he— | |
(a) has a 5 year magistrates’ courts qualification, | |
(b) is a barrister or solicitor who has served for not less than 5 years as an | |
assistant to a justices’ clerk, or | |
(c) has previously been a justices’ clerk. | 20 |
(3) An assistant to a justices’ clerk is a person who is— | |
(a) appointed by the Lord Chancellor under section 2(1) or provided under | |
arrangements made by him under section 2(4), and | |
(b) designated by the Lord Chancellor as an assistant to a justices’ clerk. | |
(4) The Lord Chancellor may by regulations provide that, subject to such | 25 |
exceptions as may be prescribed by the regulations, a person may be | |
designated as an assistant to a justices’ clerk only if he— | |
(a) has a 5 year magistrates’ court qualification, or | |
(b) has such qualifications as may be prescribed by, or approved by the | |
Lord Chancellor in accordance with, the regulations. | 30 |
(5) In this Part “assistant clerk” is short for “assistant to a justices’ clerk”. | |
23 Functions | |
(1) Rules may make provision enabling things authorised to be done by, to or | |
before a single justice of the peace to be done instead by, to or before a justices’ | |
clerk. | 35 |
(2) Rules may also make provision enabling things authorised to be done by, to or | |
before a justices’ clerk (whether by virtue of subsection (1) or otherwise) to be | |
done instead by, to or before an assistant clerk. | |
(3) An enactment or rule of law which— | |
(a) regulates the exercise of any jurisdiction or powers of justices of the | 40 |
peace, or | |
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(b) relates to things done in the exercise or purported exercise of any such | |
jurisdiction or powers, | |
applies in relation to the exercise or purported exercise of any such jurisdiction | |
or powers by a justices’ clerk by virtue of subsection (1) as if he were a justice | |
of the peace. | 5 |
(4) The functions of a justices’ clerk include giving advice to any or all of the | |
justices of the peace to whom he is clerk about matters of law (including | |
procedure and practice) on questions arising in connection with the discharge | |
of their functions, including questions arising when the clerk is not personally | |
attending on them. | 10 |
(5) The powers of a justices’ clerk include, at any time when he thinks he should | |
do so, bringing to the attention of any or all of the justices of the peace to whom | |
he is clerk any point of law (including procedure and practice) that is or may | |
be involved in any question so arising. | |
(6) For the purposes of subsections (4) and (5) the functions of justices of the peace | 15 |
do not include functions as a judge of the Crown Court. | |
(7) Subsections (4) and (5) do not limit— | |
(a) the powers and duties of a justices’ clerk, or | |
(b) the matters on which justices of the peace may obtain assistance from | |
their clerk. | 20 |
(8) In this section “rules” means rules made by the Lord Chancellor. | |
(9) Before making any rules for the purposes of this section the Lord Chancellor | |
must consult— | |
(a) the Criminal Procedure Rule Committee, | |
(b) the Family Procedure Rule Committee, and | 25 |
(c) the Magistrates’ Courts Rule Committee. | |
24 Independence | |
(1) A justices’ clerk exercising— | |
(a) a function exercisable by one or more justices of the peace, | |
(b) a function specified in section 23(4) or (5) (advice on matters of law, | 30 |
including procedure and practice), or | |
(c) a function as a member of the Criminal Procedure Rule Committee or | |
the Family Procedure Rule Committee, | |
is not subject to the direction of the Lord Chancellor or any other person. | |
(2) An assistant clerk who is exercising any such function is not subject to the | 35 |
direction of any person other than a justices’ clerk. | |
Places, dates and times of sittings | |
25 Places, dates and times of sittings | |
(1) The Lord Chancellor may give directions as to the places in England and Wales | |
at which magistrates’ courts may sit. | 40 |
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(2) The Lord Chancellor may, with the concurrence of the Lord Chief Justice, give | |
directions as to the distribution of the general business of magistrates’ courts | |
between the places specified in directions under subsection (1). | |
(3) Directions under subsection (2) may, in particular, contain provision that, | |
where a person is charged with an offence and is being required to appear | 5 |
before a magistrates’ court, the place where he is required to appear is one of | |
the places described in subsection (4). | |
(4) The places are— | |
(a) a place in the local justice area in which the offence is alleged to have | |
been committed; | 10 |
(b) a place in the local justice area in which the person charged with the | |
offence resides; | |
(c) a place in the local justice area in which the witnesses, or the majority | |
of the witnesses, reside; | |
(d) a place where other cases raising similar issues are being dealt with. | 15 |
(5) “The general business of magistrates’ courts” does not include family | |
proceedings (as defined in section 65 of the 1980 Act). | |
(6) The Lord Chancellor may give directions as to the days on which and times at | |
which magistrates’ courts may sit. | |
(7) Subject to any directions under subsection (6), the business of magistrates’ | 20 |
courts may be conducted on any day and at any time. | |
Protection and indemnification of justices and justices’ clerks | |
26 Immunity for acts within jurisdiction | |
(1) No action lies against a justice of the peace in respect of what he does or omits | |
to do— | 25 |
(a) in the execution of his duty as a justice of the peace, and | |
(b) in relation to a matter within his jurisdiction. | |
(2) No action lies against a justices’ clerk or an assistant clerk in respect of what he | |
does or omits to do— | |
(a) in the execution of his duty as a justices’ clerk or assistant clerk | 30 |
exercising, by virtue of an enactment, a function of a single justice of the | |
peace, and | |
(b) in relation to a matter within his jurisdiction. | |
27 Immunity for certain acts beyond jurisdiction | |
(1) An action lies against a justice of the peace in respect of what he does or omits | 35 |
to do— | |
(a) in the purported execution of his duty as a justice of the peace, but | |
(b) in relation to a matter not within his jurisdiction, | |
if, but only if, it is proved that he acted in bad faith. | |
(2) An action lies against a justices’ clerk or an assistant clerk in respect of what he | 40 |
does or omits to do— | |
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(a) in the purported execution of his duty as a justices’ clerk or assistant | |
clerk exercising, by virtue of an enactment, a function of a single justice | |
of the peace, but | |
(b) in relation to a matter not within his jurisdiction, | |
if, but only if, it is proved that he acted in bad faith. | 5 |
28 Striking out proceedings where action prohibited | |
(1) If an action is brought in circumstances in which section 26 or 27 provides that | |
no action lies, a judge of the court in which the action is brought may, on the | |
application of the defendant, strike out the proceedings in the action. | |
(2) If a judge strikes out proceedings under subsection (1), he may if he thinks fit | 10 |
order the person bringing the action to pay costs. | |
29 Costs in legal proceedings | |
(1) A court may not order a justice of the peace to pay costs in any proceedings in | |
respect of what he does or omits to do in the execution (or purported | |
execution) of his duty as a justice of the peace. | 15 |
(2) A court may not order— | |
(a) a justices’ clerk, or | |
(b) an assistant clerk, | |
to pay costs in any proceedings in respect of what he does or omits to do in the | |
execution (or purported execution) of his duty as a justices’ clerk or assistant | 20 |
clerk exercising, by virtue of an enactment, a function of a single justice of the | |
peace. | |
(3) But subsections (1) and (2) do not apply in relation to any proceedings in which | |
a justice of the peace, justices’ clerk or assistant clerk— | |
(a) is being tried for an offence or is appealing against a conviction, or | 25 |
(b) is proved to have acted in bad faith in respect of the matters giving rise | |
to the proceedings. | |
(4) A court which is prevented by subsection (1) or (2) from ordering a justice of | |
the peace, justices’ clerk or assistant clerk to pay costs in any proceedings may | |
instead order the Lord Chancellor to make a payment in respect of the costs of | 30 |
a person in the proceedings. | |
(5) The Lord Chancellor may make regulations specifying— | |
(a) circumstances in which a court must or must not exercise the power | |
conferred on it by subsection (4), and | |
(b) how the amount of any payment ordered under subsection (4) is to be | 35 |
determined. | |
30 Indemnity | |
(1) “Indemnifiable amounts”, in relation to a justice of the peace, justices’ clerk or | |
assistant clerk, means— | |
(a) costs which he reasonably incurs in or in connection with proceedings | 40 |
in respect of anything done or omitted to be done in the exercise (or | |
purported exercise) of his duty as a justice of the peace, justices’ clerk | |
or assistant clerk, | |
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(b) costs which he reasonably incurs in taking steps to dispute a claim | |
which might be made in such proceedings, | |
(c) damages awarded against him or costs ordered to be paid by him in | |
such proceedings, or | |
(d) sums payable by him in connection with a reasonable settlement of | 5 |
such proceedings or such a claim. | |
(2) Indemnifiable amounts relate to criminal matters if the duty mentioned in | |
subsection (1)(a) relates to criminal matters. | |
(3) The Lord Chancellor must indemnify a justice of the peace, justices’ clerk or | |
assistant clerk in respect of— | 10 |
(a) indemnifiable amounts which relate to criminal matters, unless it is | |
proved, in respect of the matters giving rise to the proceedings or claim, | |
that he acted in bad faith, and | |
(b) other indemnifiable amounts if, in respect of the matters giving rise to | |
the proceedings or claim, he acted reasonably and in good faith. | 15 |
(4) The Lord Chancellor may indemnify a justice of the peace, justices’ clerk or | |
assistant clerk in respect of other indemnifiable amounts unless it is proved, in | |
respect of the matters giving rise to the proceedings or claim, that he acted in | |
bad faith. | |
(5) Any question whether, or to what extent, a person is to be indemnified under | 20 |
this section is to be determined by the Lord Chancellor. | |
(6) The Lord Chancellor may, if the person claiming to be indemnified so requests, | |
make a determination for the purposes of this section with respect to— | |
(a) costs such as are mentioned in subsection (1)(a) or (b), or | |
(b) sums such as are mentioned in subsection (1)(d), | 25 |
before the costs are incurred or the settlement in connection with which the | |
sums are payable is made. | |
(7) But a determination under subsection (6) before costs are incurred— | |
(a) is subject to such limitations (if any) as the Lord Chancellor thinks | |
proper and to the subsequent determination of the costs reasonably | 30 |
incurred, and | |
(b) does not affect any other determination which may fall to be made in | |
connection with the proceedings or claim in question. | |
Fines officers and designated officers | |
31 Fines officers | 35 |
(1) Any reference in an enactment (whenever passed) to a fines officer is to a | |
person who is— | |
(a) appointed by the Lord Chancellor under section 2(1), and | |
(b) designated as a fines officer by the Lord Chancellor. | |
(2) Schedule 2 contains provisions about collection of fines by fines officers. | 40 |
(3) But Schedule 2 is to have effect only in accordance with— | |
(a) subsections (4) and (5) (pilot schemes), or | |
(b) subsections (6) to (8) (power to make scheme, or modified version of | |
scheme, permanent after completion of pilots). | |
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(4) The Lord Chancellor may by order provide that Schedule 2 is to have effect for | |
the period specified in the order in relation to a local justice area, or in relation | |
to particular local justice areas, specified in the order. | |
(5) An order under subsection (4) may make provision modifying Schedule 2, or | |
any enactment in connection with the operation of Schedule 2, in relation to the | 5 |
specified local justice area or areas and the specified period. | |
(6) The Lord Chancellor may, at the end of the relevant period, by order provide | |
that Schedule 2 is to have effect— | |
(a) in all local justice areas, and | |
(b) indefinitely. | 10 |
(7) “The relevant period” means— | |
(a) if one order has been made under subsection (4), the end of the period | |
specified in the order; | |
(b) if more than one order has been made under subsection (4), the end of | |
the latest specified period. | 15 |
(8) An order under subsection (6) may make such amendments of— | |
(a) Schedule 2, and | |
(b) any other enactments, | |
as appear to the Lord Chancellor appropriate in the light of the operation of the | |
Schedule in accordance with the order made under subsection (4) (pilot | 20 |
schemes). | |
32 Designated officers and magistrates’ courts | |
(1) Any reference in an enactment (whenever passed) to the designated officer, in | |
relation to a magistrates’ court, justice of the peace or local justice area, is to a | |
person who is— | 25 |
(a) appointed by the Lord Chancellor under section 2(1) or provided under | |
arrangements made by him under section 2(4), and | |
(b) designated by the Lord Chancellor in relation to that court, justice of the | |
peace or area. | |
(2) In this section “magistrates’ court” includes— | 30 |
(a) a committee of justices, and | |
(b) when exercising a function exercisable by one or more justices of the | |
peace— | |
(i) a justices’ clerk, and | |
(ii) an assistant clerk. | 35 |
Application of receipts of magistrates’ courts etc. | |
33 Application of receipts of designated officers | |
(1) The following are to be paid to the Lord Chancellor— | |
(a) fines imposed by a magistrates’ court, | |
(b) sums which— | 40 |
(i) become payable by virtue of an order of a magistrates’ court, | |
and | |
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