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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 |
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) or provided under | |
a contract made by virtue of section 2(4), and | |
(b) designated as a fines officer by the Lord Chancellor. | |
37 Designated officers and magistrates’ courts | 15 |
(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 | |
a contract made by virtue of section 2(4), and | 20 |
(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 | 25 |
peace— | |
(i) a justices’ clerk, and | |
(ii) an assistant clerk. | |
Application of receipts of magistrates’ courts etc. | |
38 Application of receipts of designated officers | 30 |
(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, | |
and | 35 |
(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, | 40 |
in his capacity as such. | |
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(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 | 5 |
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. | |
(4) Any sums received by the Lord Chancellor under this section are to be paid by | |
him into the Consolidated Fund. | 10 |
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— | 15 |
(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— | 20 |
(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, | 25 |
(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. | 30 |
(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. | 35 |
(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 | 40 |
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, | |
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(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— | 5 |
(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. | 10 |
Miscellaneous | |
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— | 15 |
(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 | 20 |
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— | 25 |
(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 | 30 |
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. | 35 |
(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 | 40 |
authority, Corporation or Common Council in the capacity in which he is | |
employed or appointed to act. | |
(5) No act is invalidated merely because of the disqualification under this section | |
of the person by whom it is done. | |
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(6) “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), | 5 |
(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, | 10 |
(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 | 15 |
(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— | |
(a) any appointment, whether made before or after the passing of this Act, | 20 |
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 | 25 |
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 | 30 |
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.” | 35 |
(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. | 40 |
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