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Courts Bill [HL]


Courts Bill [HL]
Part 3 — Magistrates’ courts

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 46    Power to transfer criminal cases

     (1)    After section 27 of the 1980 Act insert—

“Transfer of criminal proceedings

       27A            Power to transfer criminal proceedings

           (1)           Where a person appears or is brought before a magistrates’ court—

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                  (a)                 to be tried by the court for an offence, or

                  (b)                 for the court to inquire into the offence as examining justices,

                         the court may transfer the matter to another magistrates’ court.

           (2)           The court may transfer the matter before or after beginning the trial or

inquiry.

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           (3)           But if the court transfers the matter after it has begun to hear the

evidence and the parties, the court to which the matter is transferred

must begin hearing the evidence and the parties again.

           (4)                                       The power of the court under this section to transfer any matter must

be exercised in accordance with any directions given under section

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30(3) of the Courts Act 2003.”

     (2)    Omit section 3B of the 1980 Act (transfer of trials of summary offences).

Civil jurisdiction and procedure

 47    Jurisdiction to issue summons and deal with complaints

     (1)    For section 51 of the 1980 Act (issue of summons on complaint) substitute—

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       “51            Issue of summons on complaint

Where a complaint relating to a person is made to a justice of the peace,

the justice of the peace may issue a summons to the person requiring

him to appear before a magistrates’ court to answer to the complaint.”

     (2)    For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute—

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       “52            Jurisdiction to deal with complaints

           (1)           A magistrates’ court has jurisdiction to hear any complaint.

           (2)           But subsection (1) is subject to provision made by any enactment.”

 48    Power to transfer civil proceedings (other than family proceedings)

After section 57 of the 1980 Act insert—

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“Transfer of civil proceedings (other than family proceedings)

       57A            Power to transfer civil proceedings (other than family proceedings)

           (1)           A magistrates’ court may at any time, whether before or after

beginning to hear a complaint, transfer the hearing to another

magistrates’ court.

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Courts Bill [HL]
Part 3 — Magistrates’ courts

    23

 

           (2)           But if the court transfers the matter after it has begun to hear the

evidence and the parties, the court to which the matter is transferred

must begin hearing the evidence and the parties again.

           (3)           This section does not apply to family proceedings.

           (4)           The power of the court under this section to transfer a hearing must be

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exercised in accordance with any directions given under section 30(3)

of the Courts Act 2003.”

Family proceedings courts and youth courts

 49    Family proceedings courts

     (1)    For section 67 of the 1980 Act (family proceedings courts and panels)

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substitute—

       “67 Family proceedings courts

           (1)           Magistrates’ courts—

                  (a)                 constituted in accordance with this section or section 66 of the

Courts Act 2003 (judges having powers of District Judges

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(Magistrates’ Courts)), and

                  (b)                 sitting for the purpose of hearing family proceedings,

                         are to be known as family proceedings courts.

           (2)           A justice of the peace is not qualified to sit as a member of a family

proceedings court to hear family proceedings of any description unless

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he has an authorisation extending to the proceedings.

           (3)           He has an authorisation extending to the proceedings only if he has

been authorised by the Lord Chancellor or a person acting on his behalf

to sit as a member of a family proceedings court to hear—

                  (a)                 proceedings of that description, or

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                  (b)                 all family proceedings.

           (4)           The Lord Chancellor may by rules make provision about—

                  (a)                 the grant and revocation of authorisations,

                  (b)                 the appointment of chairmen of family proceedings courts, and

                  (c)                 the composition of family proceedings courts.

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           (5)           Rules under subsection (4) may confer powers on the Lord Chancellor

with respect to any of the matters specified in the rules.

           (6)           Rules under subsection (4) may be made only after consultation with

the Family Procedure Rule Committee.

           (7)           Rules under subsection (4) are to be made by statutory instrument.

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           (8)           A statutory instrument containing rules under subsection (4) is subject

to annulment in pursuance of a resolution of either House of

Parliament.”

     (2)    Omit section 68 of the 1980 Act (combined family panels for two or more petty

sessions areas).

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Courts Bill [HL]
Part 4 — Court security

    24

 

 50    Youth courts

     (1)    For section 45 of the 1933 Act (constitution of youth courts) substitute—

       “45 Youth courts

           (1)           Magistrates’ courts—

                  (a)                 constituted in accordance with this section or section 66 of the

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Courts Act 2003 (judges having powers of District Judges

(Magistrates’ Courts)), and

                  (b)                 sitting for the purpose of—

                        (i)                        hearing any charge against a child or young person, or

                        (ii)                       exercising any other jurisdiction conferred on youth

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courts by or under this or any other Act,

                         are to be known as youth courts.

           (2)           A justice of the peace is not qualified to sit as a member of a youth court

for the purpose of dealing with any proceedings unless he has an

authorisation extending to the proceedings.

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           (3)           He has an authorisation extending to the proceedings only if he has

been authorised by the Lord Chancellor or a person acting on his behalf

to sit as a member of a youth court to deal with—

                  (a)                 proceedings of that description, or

                  (b)                 all proceedings dealt with by youth courts.

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           (4)           The Lord Chancellor may by rules make provision about—

                  (a)                 the grant and revocation of authorisations,

                  (b)                 the appointment of chairmen of youth courts, and

                  (c)                 the composition of youth courts.

           (5)           Rules under subsection (4) may confer powers on the Lord Chancellor

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with respect to any of the matters specified in the rules.

           (6)           Rules under subsection (4) may be made only after consultation with

the Criminal Procedure Rule Committee.

           (7)           Rules under subsection (4) are to be made by statutory instrument.

           (8)           A statutory instrument containing rules under subsection (4) is subject

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to annulment in pursuance of a resolution of either House of

Parliament.”

     (2)    Omit Schedule 2 to the 1933 Act (constitution of youth courts).

     (3)    Omit section 146 of the 1980 Act (rules relating to youth court panels and the

composition of youth courts).

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     (4)    “The 1933 Act” means the Children and Young Persons Act 1933 (c. 12).

Part 4

Court security

 51    Court security officers

     (1)    A court security officer is a person who is—

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Courts Bill [HL]
Part 4 — Court security

    25

 

           (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 as a court security officer.

     (2)    The Lord Chancellor may by regulations make provision as to—

           (a)           training courses to be completed by court security officers;

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           (b)           conditions to be met before a person may be designated as a court

security officer.

     (3)    For the purposes of this Part a court security officer who is not readily

identifiable as such (whether by means of his uniform or badge or otherwise),

is not to be regarded as acting in the execution of his duty.

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 52    Powers of search

     (1)    A court security officer acting in the execution of his duty may search—

           (a)           any person who is in, or seeking to enter, a court building, and

           (b)           any article in the possession of such a person.

     (2)    Subsection (1) does not authorise the officer to require a person to remove any

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of his clothing other than a coat, jacket, headgear, gloves or footwear.

     (3)    In this Part “court building” means any building—

           (a)           where the business of any of the courts referred to in section 1 is carried

on, and

           (b)           to which the public has access.

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 53    Powers to exclude, remove or restrain persons

     (1)    A court security officer acting in the execution of his duty may exclude or

remove from a court building, or a part of a court building, any person who

refuses—

           (a)           to permit a search under section 52(1), or

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           (b)           to surrender an article in his possession when asked do so under

section 54(1).

     (2)    A court security officer acting in the execution of his duty may—

           (a)           restrain any person who is in a court building, or

           (b)           exclude or remove any person from a court building, or a part of a court

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building,

            if it is reasonably necessary to do so for one of the purposes given in subsection

(3).

     (3)    The purposes are—

           (a)           enabling court business to be carried on without interference or delay;

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           (b)           maintaining order;

           (c)           securing the safety of any person in the court building.

     (4)    A court security officer acting in the execution of his duty may remove any

person from a courtroom at the request of a judge or a justice of the peace.

     (5)    The powers conferred by subsections (1), (2) and (4) include power to use

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reasonable force, where necessary.

 

 

 
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