House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Courts Bill [HL]

Courts Bill [HL]
Part 2 — Justices of the peace



 37    Designated officers and magistrates’ courts

     (1)    Any reference in an enactment to the designated officer, in relation to a

magistrates’ court, justice of the peace or local justice area, is to a person who


           (a)           appointed by the Lord Chancellor under section 2(1) or provided under


a contract made by virtue of 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—

           (a)           a committee of justices, and


           (b)           when exercising a function exercisable by one or more justices of the


                  (i)                 a justices’ clerk, and

                  (ii)                an assistant clerk.

Application of receipts of magistrates’ courts etc.


 38    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—

                  (i)                 become payable by virtue of an order of a magistrates’ court,



                  (ii)                are by an enactment made applicable as fines (or any

description of fines) imposed by a magistrates’ court, and

           (c)           all other sums received by—

                  (i)                 a designated officer for a magistrates’ court, or


                  (ii)                a designated officer for a local justice area,

                         in his capacity as such.

     (2)    “Fine” includes—

           (a)           any pecuniary penalty, pecuniary forfeiture or pecuniary

compensation payable under a conviction, and


           (b)           any pecuniary forfeiture on conviction by, or under any order of, a

magistrates’ court so far as the forfeiture is converted into or consists of


     (3)    For the purposes of this section anything done by the Crown Court on appeal

from a magistrates’ court is to be treated as done by the magistrates’ court.


     (4)    Any sums received by the Lord Chancellor under this section are to be paid by

him into the Consolidated Fund.

 39    Limits to requirements about application of receipts

     (1)    Section 38(1) is subject to section 139 of the 1980 Act (sums paid on summary

conviction applied for payment of compensation and costs).


     (2)    Paragraphs (a) and (b) of section 38(1) do not apply to sums which, by or under

any enactment, are directed to be paid to—



Courts Bill [HL]
Part 2 — Justices of the peace



           (a)           the Commissioners of Customs and Excise, or

           (b)           officers of, or persons appointed by, the Commissioners.

     (3)    Those paragraphs also do not apply to sums which, by or under any

enactment, are directed—

           (a)           to be paid to or for the benefit of—


                  (i)                 the party aggrieved or injured or a person described in similar

terms, or

                  (ii)                the family or relatives of a person described in any such terms

or of a person dying in consequence of an act or event which

constituted or was the occasion of an offence,


           (b)           to be applied in making good any default or repairing any damage or

reimbursing any expenses (other than those of the prosecution), or

           (c)           to be paid to any person, if the enactment refers in terms to awarding

or reimbursing a loss or to damages, compensation or satisfaction for

loss, damage, injury or wrong.


     (4)    Paragraph (c) of section 38(1) does not apply to—

           (a)           sums to which a person other than the Lord Chancellor is by law

entitled and which are paid to that person, or

           (b)           sums received by a designated officer on account of his salary or

expenses as such.


     (5)    Any sum paid to the Lord Chancellor by virtue of paragraph (c) of section 38(1)

is to be paid to him subject to being repaid to any person establishing his title

to it.

 40    Regulations about payments, accounting and banking by designated officers

     (1)    The Lord Chancellor may, with the concurrence of the Treasury, make



           (a)           as to the times at which, and the manner in which, a designated officer

is to pay sums payable by him in his capacity as such to the Lord

Chancellor or any other person,

           (b)           requiring the keeping of accounts by designated officers in respect of


sums received by them,

           (c)           as to the production, inspection and audit of accounts required to be

kept, and

           (d)           requiring designated officers to use—

                  (i)                 specified banking arrangements or facilities, or


                  (ii)                banking arrangements or facilities of a specified description,

                         in relation to sums received by them.

     (2)    Regulations under this section may make different provision in relation to

different descriptions of designated officer.



 41    Disqualification of lay justices who are members of local authorities

     (1)    A lay justice who is a member of a local authority may not act as a member of

the Crown Court or a magistrates’ court in proceedings brought by or against,

or by way of an appeal from a decision of—



Courts Bill [HL]
Part 2 — Justices of the peace



           (a)           that local authority,

           (b)           a committee or officer of that local authority, or

           (c)           if that local authority is operating executive arrangements (within the

meaning of Part 2 of the Local Government Act 2000 (c. 22))—

                  (i)                 the executive of that local authority (within the meaning of that


Part), or

                  (ii)                any person acting on behalf of that executive.

     (2)    A lay justice who is a member of the Common Council of the City of London

may not act as a member of the Crown Court or a magistrates’ court in

proceedings brought by or against, or by way of an appeal from a decision of—


           (a)           the Corporation of the City,

           (b)           the Common Council, or

           (c)           a committee or officer of the Corporation or the Common Council.

     (3)    A joint committee, joint board, joint authority or other combined body—

           (a)           of which a local authority, the Corporation or the Common Council is


a member, or

           (b)           on which the local authority, the Corporation or the Council is


            is to be regarded for the purposes of this section as a committee of the local

authority, Corporation or Common Council.


     (4)    Any reference in this section to an officer of—

           (a)           a local authority,

           (b)           the Corporation, or

           (c)           the Common Council,

            is to a person employed or appointed by, or by a committee of, the local


authority, Corporation or Common Council in the capacity in which he is

employed or appointed to act.

     (5)    “Local authority” means—

           (a)           a local authority within the meaning of the Local Government Act 1972

(c. 70),


           (b)           a local authority constituted under section 2 of the Local Government

etc. (Scotland) Act 1994 (c. 39),

           (c)           a police authority established under section 3 of the Police Act 1996

(c. 16), the Metropolitan Police Authority, the Service Authority for the

National Criminal Intelligence Service or the Service Authority for the


National Crime Squad,

           (d)           the London Fire and Emergency Planning Authority,

           (e)           a joint authority established under Part 4 of the Local Government Act

1985 (c. 51),

           (f)           a National Park Authority,


           (g)           the Broads Authority, or

           (h)           a housing action trust established under Part 3 of the Housing Act 1988

(c. 50).

 42    Effect of Act of Settlement on existing justices of the peace

Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born


outside the United Kingdom) invalidates—



Courts Bill [HL]
Part 3 — Magistrates’ courts



           (a)           any appointment before 31st January 2002 of a justice of the peace, or

           (b)           any act done by virtue of such an appointment.

Part 3

Magistrates’ courts

Criminal jurisdiction and procedure


 43    Summons or warrant for suspected offender

     (1)    For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his

arrest), substitute—

           “(1)               On an information being laid before a justice of the peace that a person

has, or is suspected of having, committed an offence, the justice may



                  (a)                 a summons directed to that person requiring him to appear

before a magistrates’ court to answer the information, or

                  (b)                 a warrant to arrest that person and bring him before a

magistrates’ court.”


     (2)    Omit section 1(2), (5) and (8) of the 1980 Act.

 44    Trial of summary offences

For section 2 of the 1980 Act substitute—

       “2            Trial of summary offences

           (1)           A magistrates’ court has jurisdiction to try any summary offence.


           (2)           A magistrates’ court has jurisdiction as examining justices over any

offence committed by a person who appears or is brought before the


           (3)           Subject to—

                  (a)                 sections 18 to 22, and


                  (b)                 any other enactment (wherever contained) relating to the mode

of trial of offences triable either way,

                         a magistrates’ court has jurisdiction to try summarily any offence

which is triable either way.

           (4)           A magistrates’ court has jurisdiction, in the exercise of its powers under


section 24, to try summarily an indictable offence.

           (5)           This section does not affect any jurisdiction over offences conferred on

a magistrates’ court by any enactment not contained in this Act.”

 45    Power to make rulings at pre-trial hearings

     (1)    Schedule 4 contains amendments of the 1980 Act relating to rulings at pre-trial


hearings in magistrates’ courts.

     (2)    The amendments made by the Schedule apply in relation to pre-trial hearings

beginning on or after the day on which it comes into force.



previous section contents continue
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 21 May 2003