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(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 | 5 |
(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 | 10 |
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 3 contains amendments of the 1980 Act relating to rulings at pre-trial | 15 |
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. | |
46 Power to transfer criminal cases | |
(1) After section 27 of the 1980 Act insert— | 20 |
“Transfer of criminal proceedings | |
27A Power to transfer criminal proceedings | |
(1) Where a person appears or is brought before a magistrates’ court— | |
(a) to be tried by the court for an offence, or | |
(b) for the court to inquire into the offence as examining justices, | 25 |
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. | |
(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 | 30 |
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 | |
30(3) of the Courts Act 2003.” | |
(2) Omit section 3B of the 1980 Act (transfer of trials of summary offences). | 35 |
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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— | |
“51 Issue of summons on complaint | |
Where a complaint relating to a person is made to a justice of the peace, | 5 |
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— | |
“52 Jurisdiction to deal with complaints | |
(1) A magistrates’ court has jurisdiction to hear any complaint. | 10 |
(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— | |
“Transfer of civil proceedings (other than family proceedings) | |
57A Power to transfer civil proceedings (other than family proceedings) | 15 |
(1) A magistrates’ court may at any time, whether before or after | |
beginning to hear a complaint, transfer the hearing to another | |
magistrates’ court. | |
(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 | 20 |
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 | |
exercised in accordance with any directions given under section 30(3) | |
of the Courts Act 2003.” | 25 |
Family proceedings courts and youth courts | |
49 Family proceedings courts | |
(1) For section 67 of the 1980 Act (family proceedings courts and panels) | |
substitute— | |
“67 Family proceedings courts | 30 |
(1) Magistrates’ courts— | |
(a) constituted in accordance with this section or section 66 of the | |
Courts Act 2003 (judges having powers of District Judges | |
(Magistrates’ Courts)), and | |
(b) sitting for the purpose of hearing family proceedings, | 35 |
are to be known as family proceedings courts. | |
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(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 | |
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 | 5 |
to sit as a member of a family proceedings court to hear— | |
(a) proceedings of that description, or | |
(b) all family proceedings. | |
(4) The Lord Chancellor may by rules make provision about— | |
(a) the grant and revocation of authorisations, | 10 |
(b) the appointment of chairmen of family proceedings courts, and | |
(c) the composition of family proceedings courts. | |
(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 | 15 |
the Family 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 | |
to annulment in pursuance of a resolution of either House of | |
Parliament.” | 20 |
(2) Omit section 68 of the 1980 Act (combined family panels for two or more petty | |
sessions areas). | |
50 Youth courts | |
(1) For section 45 of the 1933 Act (constitution of youth courts) substitute— | |
“45 Youth courts | 25 |
(1) Magistrates’ courts— | |
(a) constituted in accordance with this section or section 66 of the | |
Courts Act 2003 (judges having powers of District Judges | |
(Magistrates’ Courts)), and | |
(b) sitting for the purpose of— | 30 |
(i) hearing any charge against a child or young person, or | |
(ii) exercising any other jurisdiction conferred on youth | |
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 | 35 |
for the purpose of dealing with any proceedings unless 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 youth court to deal with— | 40 |
(a) proceedings of that description, or | |
(b) all proceedings dealt with by youth courts. | |
(4) The Lord Chancellor may by rules make provision about— | |
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(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 | |
with respect to any of the matters specified in the rules. | 5 |
(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 | |
to annulment in pursuance of a resolution of either House of | 10 |
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). | |
(4) “The 1933 Act” means the Children and Young Persons Act 1933 (c. 12). | 15 |
Part 4 | |
Court security | |
51 Court security officers | |
(1) A court security officer is a person who is— | |
(a) appointed by the Lord Chancellor under section 2(1) or provided under | 20 |
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; | |
(b) conditions to be met before a person may be designated as a court | 25 |
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. | |
52 Powers of search | 30 |
(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 | |
of his clothing other than a coat, jacket, headgear, gloves or footwear. | 35 |
(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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