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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 | |
is— | |
(a) appointed by the Lord Chancellor under section 2(1) or provided under | 5 |
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 | 10 |
(b) when exercising a function exercisable by one or more justices of the | |
peace— | |
(i) a justices’ clerk, and | |
(ii) an assistant clerk. | |
Application of receipts of magistrates’ courts etc. | 15 |
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, | 20 |
and | |
(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 | 25 |
(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 | 30 |
(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 | |
money. | |
(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. | 35 |
(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). | 40 |
(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— | |
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(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— | 5 |
(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, | 10 |
(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. | 15 |
(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. | 20 |
(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 | 25 |
regulations— | |
(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 | 30 |
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 | 35 |
(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. | |
Miscellaneous | 40 |
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— | |
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(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 | 5 |
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— | 10 |
(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 | 15 |
a member, or | |
(b) on which the local authority, the Corporation or the Council is | |
represented, | |
is to be regarded for the purposes of this section as a committee of the local | |
authority, Corporation or Common Council. | 20 |
(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 | 25 |
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), | 30 |
(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 | 35 |
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, | 40 |
(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 | 45 |
outside the United Kingdom) invalidates— | |
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(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 | 5 |
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 | 10 |
issue— | |
(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.” | 15 |
(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. | 20 |
(2) A magistrates’ court has jurisdiction as examining justices over any | |
offence committed by a person who appears or is brought before the | |
court. | |
(3) Subject to— | |
(a) sections 18 to 22, and | 25 |
(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 | 30 |
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 | 35 |
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. | |
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