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29 Independence | |
(1) A justices’ clerk exercising— | |
(a) a function exercisable by one or more justices of the peace, | |
(b) a function specified in section 28(4) or (5) (advice on matters of law, | |
including procedure and practice), or | 5 |
(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 | |
direction of any person other than a justices’ clerk. | 10 |
Places, dates and times of sittings | |
30 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. | |
(2) In exercising his powers under subsection (1), the Lord Chancellor shall have | 15 |
regard to the need to ensure that court-houses are accessible to persons | |
resident in each local justice area. | |
(3) The Lord Chancellor may, with the concurrence of the Lord Chief Justice, give | |
directions as to the distribution and transfer of the general business of | |
magistrates’ courts between the places specified in directions under subsection | 20 |
(1). | |
(4) Directions under subsection (3) may, in particular, contain provision that, | |
where a person is charged with an offence and is being required to appear | |
before a magistrates’ court, the place where he is required to appear is one of | |
the places described in subsection (5). | 25 |
(5) The places are— | |
(a) a place in the local justice area in which the offence is alleged to have | |
been committed; | |
(b) a place in the local justice area in which the person charged with the | |
offence resides; | 30 |
(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. | |
(6) “The general business of magistrates’ courts” does not include family | |
proceedings (as defined in section 65 of the 1980 Act). | 35 |
(7) The Lord Chancellor may give directions as to the days on which and times at | |
which magistrates’ courts may sit. | |
(8) Subject to any directions under subsection (7), the business of magistrates’ | |
courts may be conducted on any day and at any time. | |
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Protection and indemnification of justices and justices’ clerks | |
31 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— | |
(a) in the execution of his duty as a justice of the peace, and | 5 |
(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 | |
exercising, by virtue of an enactment, a function of a single justice of the | 10 |
peace, and | |
(b) in relation to a matter within his jurisdiction. | |
32 Immunity for certain acts beyond jurisdiction | |
(1) An action lies against a justice of the peace in respect of what he does or omits | |
to do— | 15 |
(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 | |
does or omits to do— | 20 |
(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. | 25 |
33 Striking out proceedings where action prohibited | |
(1) If an action is brought in circumstances in which section 31 or 32 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 | 30 |
order the person bringing the action to pay costs. | |
34 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. | 35 |
(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 | 40 |
clerk exercising, by virtue of an enactment, a function of a single justice of the | |
peace. | |
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(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 | |
(b) is proved to have acted in bad faith in respect of the matters giving rise | |
to the proceedings. | 5 |
(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 | |
a person in the proceedings. | |
(5) The Lord Chancellor may make regulations specifying— | 10 |
(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 | |
determined. | |
35 Indemnity | 15 |
(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 | |
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 | 20 |
or assistant clerk, | |
(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 | 25 |
(d) sums payable by him in connection with a reasonable settlement of | |
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 | 30 |
assistant clerk in respect of— | |
(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 | 35 |
the proceedings or claim, he acted reasonably and in good faith. | |
(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. | 40 |
(5) Any question whether, or to what extent, a person is to be indemnified under | |
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 | 45 |
(b) sums such as are mentioned in subsection (1)(d), | |
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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 | 5 |
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 | |
36 Fines officers | 10 |
(1) Any reference in an enactment 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 3 contains provisions about collection of fines by fines officers. | |
(3) But Schedule 3 is to have effect only in accordance with— | 15 |
(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). | |
(4) The Lord Chancellor may by order provide that Schedule 3 is to have effect for | |
the period specified in the order in relation to a local justice area, or in relation | 20 |
to particular local justice areas, specified in the order. | |
(5) An order under subsection (4) may make provision modifying Schedule 3, or | |
any enactment in connection with the operation of Schedule 3, in relation to the | |
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 | 25 |
that Schedule 3 is to have effect— | |
(a) in all local justice areas, and | |
(b) indefinitely. | |
(7) “The relevant period” means— | |
(a) if one order has been made under subsection (4), the end of the period | 30 |
specified in the order; | |
(b) if more than one order has been made under subsection (4), the end of | |
the latest specified period. | |
(8) An order under subsection (6) may make such amendments of— | |
(a) Schedule 3, and | 35 |
(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 | |
schemes). | |
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