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45 Power to make rulings at pre-trial hearings | |
(1) Schedule 4 contains amendments of the 1980 Act relating to rulings at pre-trial | |
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. | 5 |
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— | 10 |
(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. | 15 |
(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 | 20 |
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— | 25 |
“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— | 30 |
“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.” | |
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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) | |
(1) A magistrates’ court may at any time, whether before or after | 5 |
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 | |
must begin hearing the evidence and the parties again. | 10 |
(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.” | |
Family proceedings courts and youth courts | 15 |
49 Family proceedings courts | |
(1) For section 67 of the 1980 Act (family proceedings courts and panels) | |
substitute— | |
“67 Family proceedings courts | |
(1) Magistrates’ courts— | 20 |
(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, | |
are to be known as family proceedings courts. | 25 |
(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 | 30 |
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, | 35 |
(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. | |
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(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. | |
(8) A statutory instrument containing rules under subsection (4) is subject | |
to annulment in pursuance of a resolution of either House of | 5 |
Parliament.” | |
(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— | 10 |
“45 Youth 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 | |
(Magistrates’ Courts)), and | 15 |
(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 | |
courts by or under this or any other Act, | |
are to be known as youth courts. | 20 |
(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. | |
(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 | 25 |
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. | |
(4) The Lord Chancellor may by rules make provision about— | |
(a) the grant and revocation of authorisations, | 30 |
(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. | |
(6) Rules under subsection (4) may be made only after consultation with | 35 |
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 | |
Parliament.” | 40 |
(2) Omit Schedule 2 to the 1933 Act (constitution of youth courts). | |
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(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). | |
Part 4 | |
Court security | 5 |
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 | |
a contract made by virtue of section 2(4), and | |
(b) designated by the Lord Chancellor as a court security officer. | 10 |
(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 | |
security officer. | |
(3) For the purposes of this Part a court security officer who is not readily | 15 |
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 | |
(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 | 20 |
(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. | |
(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 | 25 |
on, and | |
(b) to which the public has access. | |
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 | 30 |
refuses— | |
(a) to permit a search under section 52(1), or | |
(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— | 35 |
(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 | |
building, | |
if it is reasonably necessary to do so for one of the purposes given in subsection | |
(3). | 40 |
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(3) The purposes are— | |
(a) enabling court business to be carried on without interference or delay; | |
(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 | 5 |
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 | |
reasonable force, where necessary. | |
54 Surrender and seizure of articles | |
(1) If a court security officer acting in the execution of his duty reasonably believes | 10 |
that an article in the possession of a person who is in, or seeking to enter, a | |
court building ought to be surrendered on any of the grounds given in | |
subsection (3), he must ask the person to surrender the article. | |
(2) If the person refuses to surrender the article, the officer may seize it. | |
(3) The grounds are that the article— | 15 |
(a) may jeopardise the maintenance of order in the court building (or a part | |
of it), | |
(b) may put the safety of any person in the court building at risk, or | |
(c) may be evidence of, or in relation to, an offence. | |
55 Powers to retain articles surrendered or seized | 20 |
(1) Subject to subsection (2), a court security officer may retain an article which | |
was— | |
(a) surrendered in response to a request under section 54(1), or | |
(b) seized under section 54(2), | |
until the time when the person who surrendered it, or from whom it was | 25 |
seized, is leaving the court building. | |
(2) If a court security officer reasonably believes that the article may be evidence | |
of, or in relation to, an offence, he may retain it until— | |
(a) the time when the person who surrendered it, or from whom it was | |
seized, is leaving the court building, or | 30 |
(b) the end of the permitted period, | |
whichever is later. | |
(3) “The permitted period” means such period, not exceeding 24 hours from the | |
time the article was surrendered or seized, as will enable the court security | |
officer to draw the article to the attention of a constable. | 35 |
56 Regulations about retention of articles | |
(1) The Lord Chancellor may by regulations make provision as to— | |
(a) the provision to persons— | |
(i) by whom articles have been surrendered in response to a | |
request under section 54(1), or | 40 |
(ii) from whom articles have been seized under section 54(2), | |
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of written information about the powers of retention of court security | |
officers, | |
(b) the keeping of records about articles which have been so surrendered | |
or seized, | |
(c) the period for which unclaimed articles have to be kept, and | 5 |
(d) the disposal of unclaimed articles at the end of that period. | |
(2) “Unclaimed article” means an article— | |
(a) which has been retained under section 55, | |
(b) which a person is entitled to have returned to him, | |
(c) which has not been returned, and | 10 |
(d) whose return has not been requested by a person entitled to it. | |
57 Assaulting and obstructing court security officers | |
(1) Any person who assaults a court security officer acting in the execution of his | |
duty commits an offence. | |
(2) A person guilty of an offence under subsection (1) is liable on summary | 15 |
conviction to— | |
(a) a fine not exceeding level 5 on the standard scale, or | |
(b) imprisonment for a term not exceeding 6 months, | |
or to both. | |
(3) A person who resists or wilfully obstructs a court security officer acting in the | 20 |
execution of his duty commits an offence. | |
(4) A person guilty of an offence under subsection (3) is liable on summary | |
conviction to a fine not exceeding level 3 on the standard scale. | |
Part 5 | |
Inspectors of court administration | 25 |
58 Inspectors of court administration etc. | |
(1) The Lord Chancellor may appoint such number of inspectors of court | |
administration as he considers appropriate. | |
(2) They are to be known collectively as “Her Majesty’s Inspectorate of Court | |
Administration”. | 30 |
(3) The Lord Chancellor must appoint one of the persons so appointed to be Her | |
Majesty’s Chief Inspector of Court Administration. | |
(4) In this Part that person is referred to as “the Chief Inspector”. | |
(5) The Lord Chancellor may make to or in respect of inspectors of court | |
administration such payments by way of remuneration, allowances or | 35 |
otherwise as he may determine. | |
(6) In this Act— | |
(a) “CAFCASS” means the Children and Family Court Advisory and | |
Support Service, and | |
(b) “CAFCASS functions” means the functions of CAFCASS and its | 40 |
officers. | |
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