Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] - continued	House of Lords
PART V, MAGISTRATES AND MAGISTRATES' COURTS - continued
District Judges (Magistrates' Courts) - continued

back to previous text

Justices not to sit on committal for sentence.

53. In section 74(1) of the Supreme Court Act 1981 (cases in which Crown Court is to consist of a judge sitting with justices of the peace), omit paragraph (b) (proceedings on committal for sentence).

Jurisdiction over offences outside area.

54. - (1) In the Magistrates' Courts Act 1980, after section 3A insert-

"Transfer of trials of summary offences.	3B. - (1) Where a person is required to appear, or to be brought, before a magistrates' court on an information charging him with a summary offence, he or the prosecutor may apply to the court for the offence to be tried by a magistrates' court which is named in the application but which would not, apart from subsection (2) below, have jurisdiction to try the offence.
	(2) Where an application under this section is granted, the court named in it shall have jurisdiction to try the offence.
	(3) The Lord Chancellor may make regulations specifying-
	(a) matters which a court must consider in deciding whether to grant or refuse an application under this section; and
	(b) circumstances in which a court must grant or refuse such an application.
	(4) The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament."

(2) In section 145(1) of that Act (power to make rules of court as to specified matters), after paragraph (a) insert-

"(aa) as to the determination of applications under section 3B above (including provision for their determination by justices' clerks);".

Magistrates' courts committees

Areas outside Greater London.

55. For section 27 of the Justices of the Peace Act 1997 (general provisions about magistrates' courts committees) substitute-

	"Introductory
Introduction.	27. Magistrates' courts committees shall have-
	(a) such functions as are conferred or imposed on them by or under this Act or any other enactment; and
	(b) such other functions relating to matters of an administrative character as they may be authorised by the Lord Chancellor to undertake.
	Magistrates' courts committees outside Greater London"

Committees.

27A. - (1) England and Wales outside Greater London shall be divided into areas for each of which there shall be a magistrates' courts committee.

(2) The areas of the committees shall be as specified by the Lord Chancellor by order made by statutory instrument.

(3) Each area outside Greater London for which there is a magistrates' courts committee shall comprise the whole of one or more petty sessions areas.

Alteration of committee areas.

27B. - (1) A magistrates' courts committee for an area outside Greater London may at any time submit to the Lord Chancellor written proposals for the alteration of their area.

(2) Before submitting such proposals, the magistrates' courts committee shall consult-

(a) the magistrates for their area or any other magistrates' courts committee area to which the proposals relate;

(b) any other magistrates' courts committee to which the proposals relate; and

(c) every relevant authority whose area includes all or any part of any of the magistrates' courts committee areas to which the proposals relate.

(3) The Lord Chancellor shall not make an order under section 27A(2) above which makes an alteration of any area unless he is satisfied that the making of the order is likely to contribute to an overall increase in the efficiency of the administration of magistrates' courts.

(4) Before making an order under section 27A(2) above which makes an alteration of any area, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult-

(a) the magistrates for the area;

(b) the magistrates' courts committees for the area; and

(5) For the purposes of subsection (4) above, an order shall be taken to implement proposals if it implements them without changes or any departures from the proposals do not, in the opinion of the Lord Chancellor, effect important changes in the proposals.

(6) An order under section 27A(2) above which makes an alteration of any area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient, including-

(a) provision for the transfer of property, rights and liabilities;

(b) provision for the management or custody of transferred property (whether real or personal); and

(c) provision for any magistrates' courts committee coming into existence by virtue of the order to be constituted under section 30 below as a body corporate, and to incur liabilities, before the date on which the functions of any magistrates' courts committee are transferred to it.

(7) The Lord Chancellor may give directions with respect to convening the first meeting of a magistrates' courts committee coming into existence by virtue of an order under section 27A(2) above.

(8) A statutory instrument containing an order under section 27A(2) above which makes an alteration of any area shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section references to the alteration of a magistrates' courts committee area include (as well as a change in the boundaries of the area)-

(a) the combination of the area with another magistrates' courts committee area; and

(b) the division of the area between two or more magistrates' courts committee areas.

(10) In this section "relevant authority" means-

(a) "a county council;"

(b) "a county borough council; or"

Constitution of committees outside Greater London.

56. For sections 28 to 30 of the Justices of the Peace Act 1997 (constitution of magistrates' courts committees) substitute-

"Constitution of committees.	28. - (1) A magistrates' courts committee for an area outside Greater London shall, subject to subsection (2) below, be composed of justices of the peace for the area to which the committee relates, chosen in accordance with regulations under section 29 below.
	(2) Such a magistrates' courts committee may also include persons (who need not be justices of the peace)-
	(a) co-opted by the committee with the approval of the Lord Chancellor; or
	(b) appointed by the Lord Chancellor.
Regulations about committees.	29. - (1) The Lord Chancellor may by statutory instrument make general regulations about the constitution, procedure and quorum of magistrates' courts committees for areas outside Greater London; but any such regulations shall have effect subject to the provisions of section 28 above.
	(2) The regulations shall provide for the members referred to in section 28(1) above to be chosen by a selection panel constituted in accordance with the regulations.
	(3) The regulations may-
	(a) lay down an upper limit for the number of members of a magistrates' courts committee (inclusive of the members referred to in subsection (2) of section 28 above); and
	(b) enable the Lord Chancellor to direct that, in relation to any magistrates' courts committee to which the direction is given, any members co-opted or appointed under that subsection are to be left out of account in applying the upper limit.
	(4) The regulations may make provision for the payment of remuneration to members of a magistrates' courts committee co-opted or appointed under section 28(2) above.
	(5) The regulations may make different provision in relation to magistrates' courts committees for different areas.
	(6) The regulations may also make provision with respect to the persons (other than the members, clerks and officers of the committee) who may be entitled to attend the meetings of a magistrates' courts committee and the rights of such persons to make representations to the committee.
	(7) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Supplementary provisions about committees.	30. - (1) A magistrates' courts committee for an area outside Greater London shall appoint one of their members to be chairman of the committee.
	(2) Where the magistrates for a petty sessions area are required to meet for the purpose of carrying out any functions under section 29 above, a meeting shall be convened by the magistrates' courts committee or, if there is no such committee or the Lord Chancellor considers it appropriate, by the Lord Chancellor.
	(3) A magistrates' courts committee for an area outside Greater London may act through sub-committees appointed by them which, if they include at least one member of the committee, may also include persons who are not members.
	(4) Such a magistrates' courts committee may also arrange for the discharge of any of their functions-
	(a) by the chairman of the committee; or
	(b) by the justices' chief executive.
	(5) Subject to the provisions of this Act, a magistrates' courts committee for an area outside Greater London shall have power to regulate their own procedure, including quorum.
	(6) The proceedings of such a magistrates' courts committee shall not be invalidated by reason of any vacancy among the members or of any defect in the appointment of a member.
	(7) A magistrates' courts committee for an area outside Greater London shall be a body corporate.
	(8) A magistrates' courts committee for an area outside Greater London shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee.
	(9) The minutes of proceedings of every meeting of such a magistrates' courts committee shall be open to inspection by members of the public at the offices of the committee, except to the extent that the committee determine that the minutes disclose information of a confidential nature.
	(10) Copies of any minutes which are open to inspection under subsection (9) above shall be made available to the public on payment of such reasonable fee as the magistrates' courts committee may in any case determine.
	(11) A magistrates' courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature."

Prepared 3 December 1998