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Courts Bill [HL]


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

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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

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           (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.

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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

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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

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(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).

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     (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;

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           (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).

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     (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.

 

 

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

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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

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           (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

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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—

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           (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—

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           (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.

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 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

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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.

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     (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

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clerk exercising, by virtue of an enactment, a function of a single justice of the

peace.

 

 

Courts Bill [HL]
Part 2 — Justices 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.

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     (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—

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           (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

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     (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

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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

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           (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

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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

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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.

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     (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

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           (b)           sums such as are mentioned in subsection (1)(d),

 

 

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

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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

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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

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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

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     (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

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           (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

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peace—

                  (i)                 a justices’ clerk, and

                  (ii)                an assistant clerk.

Application of receipts of magistrates’ courts etc.

 38    Application of receipts of designated officers

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     (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

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                  (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,

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                         in his capacity as such.

 

 

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

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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

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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.

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 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—

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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—

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                  (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,

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           (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.

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     (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.

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     (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

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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,

 

 

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

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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—

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                  (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.

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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—

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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

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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—

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           (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

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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.

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     (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

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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.

 

 

Courts Bill [HL]
Part 3 — Magistrates’ courts

    20

 

     (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),

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           (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,

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           (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

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(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,

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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

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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.”

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     (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.

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