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(1) England and Wales shall be divided into areas for each of which there shall be a commission of the peace.
(2) The areas shall be as specified by the Lord Chancellor by order made by statutory instrument; but a commission area may not consist of an area partly within and partly outside Greater London.
(3) An area for which there is a commission of the peace shall be known as a commission area.
(1) In this Act “ London commission area ” means, subject to the provisions of subsections (3) to (5) below, any of the areas specified in Schedule 2 to this Act.
(2) The area specified in Part I of that Schedule is the inner London area; and the areas whose names are listed in Part II of that Schedule are in this Act referred to as the “ outer London areas ”.
(3) Her Majesty may by Order in Council substitute for any one or more of the areas specified in that Schedule any other area or areas comprising the whole or part of Greater London, or alter the boundaries of any area so specified; but the City of London shall not by virtue of any such Order be included in a London commission area.
(4) An Order in Council made under this section may contain such incidental, consequential, transitional or supplementary provisions as may be necessary or expedient for the purposes of the Order (including provisions amending this Act or any other enactment).
(5) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The commission of the peace for any commission area shall be a commission under the Great Seal addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for the commission area.
(1) England and Wales shall also be divided into areas known as petty sessions areas.
(2) The areas and their names shall be as specified by the Lord Chancellor by order made by statutory instrument.
(3) Each petty sessions area shall consist of either—
(a) the whole of a commission area; or
(b) an area wholly included within a commission area.
(1) Subject to the following provisions of this Act, justices of the peace for any commission area shall be appointed by the Lord Chancellor by instrument on behalf and in the name of Her Majesty and a justice so appointed may be removed from office in like manner.
(2) Subsection (1) above—
(a) does not apply to District Judges (Magistrates’ Courts) ; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to the provisions of this section, a person shall not be appointed as a justice of the peace for a commission area in accordance with section 5 above, nor act as a justice of the peace by virtue of any such appointment, unless he resides in or within 15 miles of that area.
(1A) If a person who is the Lord Mayor or an alderman of the City of London is appointed in accordance with section 5 above as a justice of the peace for a commission area including the City of London, subsection (1) above shall not apply in relation to his appointment as a justice of the peace for that area so long as he holds either of those offices.
(2) If the Lord Chancellor is of the opinion that it is in the public interest for a person to act as a justice of the peace for a particular area though not qualified to do so under subsection (1) above, he may direct that, so long as any conditions specified in the direction are satisfied, that subsection shall not apply in relation to that person’s appointment as a justice of the peace for the area so specified.
(3) Where a person appointed as a justice of the peace for a commission area in accordance with section 5 above is not qualified under the preceding provisions of this section to act by virtue of the appointment, he shall be removed from office as a justice of the peace in accordance with that section if the Lord Chancellor is of the opinion that the appointment ought not to continue having regard to the probable duration and other circumstances of the lack of qualification.
(4) No act or appointment shall be invalidated by reason only of the disqualification or lack of qualification under this section of the person acting or appointed.
(1) There shall be kept in the office of the Clerk of the Crown in Chancery a supplemental list for England and Wales as provided for by this Act (in this Act referred to as “ the supplemental list ”).
(2) Subject to the following provisions of this section, there shall be entered in the supplemental list—
(a) the name of any justice of the peace who has attained the age of 70 and neither holds nor has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876; and
(b) the name of any justice of the peace who holds or has held such office and has attained the age of 75.
(3) A person who, on the date when his name falls to be entered in the supplemental list in accordance with subsection (2) above, holds office as chairman of the justices for a petty sessions area . . . shall have his name so entered on the expiry or earlier determination of the term for which he holds office on that date.
(4) The Lord Chancellor may direct that the name of a justice of the peace for any area shall be entered in the supplemental list if the Lord Chancellor is satisfied either—
(a) that by reason of the justice’s age or infirmity or other similar cause it is expedient that he should cease to exercise judicial functions as a justice for that area; or
(b) that the justice declines or neglects to take a proper part in the exercise of those functions.
(5) On a person’s appointment as a justice of the peace for any area the Lord Chancellor may direct that his name shall be entered in the supplemental list if that person is appointed a justice for that area on ceasing to be a justice for some other area.
(6) The name of a justice of the peace shall be entered in the supplemental list if he applies for it to be so entered and the application is approved by the Lord Chancellor.
(7) Nothing in this section applies to a person holding office as District Judge (Magistrates’ Courts) .
(1) A person’s name shall be removed from the supplemental list if—
(a) he ceases to be a justice of the peace; or
(b) the Lord Chancellor so directs.
(2) Subsection (1)(b) above does not apply where the person’s name is required to be entered in the supplemental list by section 7(2) or (3) above.
(1) Subject to the provisions of this section, a justice of the peace for any area, while his name is entered in the supplemental list, shall not by reason of being a justice for that area be qualified as a justice to do any act or to be a member of any committee or other body.
(2) Subsection (1) above does not preclude a justice from doing all or any of the following acts as a justice, namely—
(a) signing any document for the purpose of authenticating another person’s signature;
(b) taking and authenticating by his signature any written declaration not made on oath; and
(c) giving a certificate of facts within his knowledge or of his opinion as to any matter.
(3) The entry of a person’s name in the supplemental list does not preclude him, if so authorised by the Lord Chancellor, from acting as a judge of the Crown Court so long as he has not attained the age of 72.
(4) No act or appointment shall be invalidated by reason of the disqualification under this section of the person acting or appointed.
(1) Subject to the provisions of this section, a justice of the peace shall be entitled—
(a) to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice; and
(b) to receive payments by way of financial loss allowance where for that performance he incurs any other expenditure to which he would not otherwise be subject or he suffers any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received.
(2) For the purposes of this section a justice following a training course under a scheme made in accordance with arrangements approved by the Lord Chancellor, or a training course provided by the Lord Chancellor, shall be treated as acting in the performance of his duties as a justice.
(3) A justice shall not be entitled to any payment under this section in respect of any duties if—
(a) in respect of those duties a payment of the like nature may be paid to him under arrangements made apart from this section; or
(b) regulations provide that this section shall not apply.
(4) A District Judge (Magistrates’ Courts) shall not be entitled to any payment under this section in respect of his duties as such.
(5) Allowances payable under this section shall be paid at rates determined by the Lord Chancellor with the consent of the Treasury.
(6) An allowance payable under this section shall be paid—
(a) in the case of an allowance payable in respect of duties as a justice in the Crown Court, by the Lord Chancellor; and
(b) in the case of an allowance otherwise payable to a justice for any commission area in respect of his duties as such, by the appropriate authority.
(7) In subsection (6)(b) above, “ the appropriate authority ” means, in relation to a justice for a commission area consisting wholly or partly of Greater London, the Greater London Magistrates’ Courts Authority, and in relation to any other justice —
(a) the council of the local government area which consists of or includes the petty sessions area for which he acts; or
(b) where he acts for a petty sessions area which is partly included in two or more local government areas, the councils of those local government areas.
(8) In subsection (7) above “ local government area ” means—
(a) in relation to England, . . . a metropolitan district, a non-metropolitan county for which there is a council or a unitary district; and
(b) in relation to Wales, a county or a county borough;
. . .
(9) Where by virtue of subsection (7)(b) above an allowance under this section is payable jointly by two or more councils the manner in which it is to be borne by each of them shall be determined by agreement between them or, in default of agreement, by the Lord Chancellor.
(10) Regulations may make provision as to the manner in which this section is to be administered, and in particular—
(a) for prescribing the forms to be used and the particulars to be provided for the purpose of claiming payment of allowances; and
(b) for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.
(11) Regulations for the purposes of this section shall be made by the Lord Chancellor by statutory instrument.
(12) 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.
(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a District Judge (Magistrates’ Courts).
(2) The Lord Chancellor—
(a) shall designate one of the District Judges (Magistrates’ Courts) to be the Senior District Judge (Chief Magistrate); and
(b) may designate another of them to be his deputy.
(3) A District Judge (Magistrates’ Courts) may not be removed from office except by the Lord Chancellor on the ground of incapacity or misbehaviour.
(4) The Lord Chancellor may pay to a District Judge (Magistrates’ Courts) (in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973) such allowances as he may, with the approval of the Treasury, determine.
(1) The Lord Chancellor may appoint any person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a Deputy District Judge (Magistrates’ Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (2) below).
(2) The Lord Chancellor may remove a Deputy District Judge (Magistrates’ Courts) from office on the ground of incapacity or misbehaviour.
(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates’ Courts) such remuneration and allowances as he may, with the approval of the Treasury, determine.
(4) During the period of his appointment a Deputy District Judge (Magistrates’ Courts) shall act as a District Judge (Magistrates’ Courts) and shall be treated for all purposes (apart from appointment, tenure, remuneration and allowances and pensions) as if he were a District Judge (Magistrates’ Courts).
(1) A District Judge (Magistrates’ Courts) shall by virtue of his office be a justice of the peace for every commission area.
(2) Where any enactment makes provision defining the powers of any person or court by reference to the area for which a person is a justice of the peace, the provision shall have effect where that person is a District Judge (Magistrates’ Courts) as if it defined the powers by reference to the area for which he is for the time being acting as a justice of the peace.
(3) A District Judge (Magistrates’ Courts) shall sit at such court-houses, on such days and at such times, as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.
(4) References in any enactment, instrument or other document to a district judge or deputy district judge do not include a District Judge (Magistrates’ Courts).
(1) A District Judge (Magistrates’ Courts), sitting in a place appointed for the purpose, shall have power—
(a) to do any act; and
(b) to exercise alone any jurisdiction,
which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.
(2) Subsection (1) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.
(3) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of a District Judge (Magistrates’ Courts).
(4) Subsections (1) and (3) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.
(5) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before a District Judge (Magistrates’ Courts) at the place appointed for his sitting.
(6) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.
(1) Nothing in the Magistrates’ Courts Act 1980—
(a) requiring a magistrates’ court to be composed of two or more justices or to sit in a petty sessional court-house or an occasional court-house; or
(b) limiting the powers of a magistrates’ court when composed of a single justice or when sitting elsewhere than in a petty sessional court-house,
shall apply to any District Judge (Magistrates’ Courts) sitting in a place appointed for the purpose.
(2) Subsection (1) above does not apply to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.
(1) Her Majesty may appoint a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be, during Her Majesty’s pleasure, a whole-time stipendiary magistrate in any commission area or areas outside the inner London area and the City of London, and may appoint more than one such magistrate in the same area or areas.
(2) A person so appointed to be a stipendiary magistrate in any commission area shall by virtue of his office be a justice of the peace for that area.
(3) Any stipendiary magistrate appointed under this section—
(a) shall be a person recommended to Her Majesty by the Lord Chancellor; and
(b) shall not be removed from office except on the Lord Chancellor’s recommendation.
(4) The number of stipendiary magistrates appointed under this section shall not at any time exceed 50 or such other number (which is not less than 40) as Her Majesty may from time to time by Order in Council specify.
(5) No Order in Council may be made under subsection (4) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House.
(1) A stipendiary magistrate appointed on or after 31st March 1995 shall vacate his office on the day on which he attains the age of 70.
(2) A stipendiary magistrate appointed before 31st March 1995 shall vacate his office at the end of the completed year of service in the course of which he attains the age of 70.
(3) Subsections (1) and (2) above are subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75) and to section 27 of that Act (completion of proceedings) and Schedule 7 to that Act (transitional provisions).
(1) Where it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in the administration of justice in any commission area in which a stipendiary magistrate can be appointed under section 11 above, the Lord Chancellor—
(a) may authorise any person qualified to be so appointed to act as a stipendiary magistrate in that area during such period (not exceeding three months at one time) as the Lord Chancellor thinks fit; or
(b) may require so to act any stipendiary magistrate appointed under that section in another commission area.
(2) While acting as a stipendiary magistrate in any commission area under subsection (1) above, a person shall have the same jurisdiction, powers and duties as if he had been appointed stipendiary magistrate in that area and were a justice of the peace for that area.
(3) Part V of this Act applies to a person acting as a stipendiary magistrate under subsection (1) above as it applies to a stipendiary magistrate.
(4) The Lord Chancellor may pay to any person who is authorised to act under this section and is not a stipendiary magistrate such remuneration as he may, with the approval of the Treasury, determine.
(1) A stipendiary magistrate appointed under section 11 above in any commission area shall sit at such court-houses in the area, on such days and at such times as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.
(2) A stipendiary magistrate appointed under section 11 above, sitting in a place appointed for the purpose, shall have power—
(a) to do any act; and
(b) to exercise alone any jurisdiction,
which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.
(3) Subsection (2) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.
(4) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of such a stipendiary magistrate.
(5) Subsections (2) and (4) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.
(6) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before such a stipendiary magistrate at the place appointed for his sitting.
(7) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.
(1) Subject to subsection (2) below, nothing in the Magistrates’ Courts Act 1980—
(a) requiring a magistrates’ court—
(i) to be composed of two or more justices; or
(ii) to sit in a petty sessional court-house or an occasional court-house; or
(b) limiting the powers of a magistrates’ court—
(i) when composed of a single justice; or
(ii) when sitting elsewhere than in a petty sessional court-house,
shall apply to any stipendiary magistrate sitting in a place appointed for the purpose.
(2) Subsection (1) above does not apply to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.
(1) Metropolitan stipendiary magistrates shall be appointed by Her Majesty, and Her Majesty shall from time to time appoint such number of persons as is necessary; but the number of metropolitan stipendiary magistrates shall not at any time exceed 60 or such larger number as Her Majesty may from time to time by Order in Council specify.
(2) A person shall not be qualified to be appointed a metropolitan stipendiary magistrate unless he has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).
(3) The Lord Chancellor shall designate one of the metropolitan stipendiary magistrates to be the chief metropolitan stipendiary magistrate.
(4) Each metropolitan stipendiary magistrate—
(a) shall by virtue of his office be a justice of the peace for each of the London commission areas and for the retained counties of Essex, Hertfordshire, Kent and Surrey; and
(b) may be removed from office by the Lord Chancellor for inability or misbehaviour.
(5) Section 12 above applies to metropolitan stipendiary magistrates as well as other stipendiary magistrates in England or Wales.
(6) No Order in Council shall be made under subsection (1) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House.
(1) The Lord Chancellor may assign metropolitan stipendiary magistrates to petty sessional divisions of the inner London area and may alter any assignment under this subsection; but the assignment of a magistrate to a particular division shall not preclude him from exercising jurisdiction for any other division of the inner London area.
(2) Metropolitan stipendiary magistrates shall sit at such court-houses provided for the inner London area under the following provisions of this Act on such days and at such times as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.
(3) The chief metropolitan stipendiary magistrate shall—
(a) cause a meeting of all the metropolitan stipendiary magistrates (or such of them as are able to attend) to be held at least once in every three months; and
(b) if present, preside over the meeting.
(1) Metropolitan stipendiary magistrates shall hold magistrates’ courts for the inner London area.
(2) In the inner London area the jurisdiction conferred on justices of the peace by any enactment, by their commission or by the common law shall be exercisable both—
(a) by metropolitan stipendiary magistrates; and
(b) by justices of the peace for that area who are not metropolitan stipendiary magistrates (in this Part of this Act referred to as “ lay justices ”).
(3) Subject to subsections (4) and (5) below, the jurisdiction conferred on metropolitan stipendiary magistrates as such by any enactment shall be exercisable both—
(a) by metropolitan stipendiary magistrates; and
(b) by lay justices for the inner London area.
(4) Subsection (3)(b) above does not apply to the jurisdiction conferred on metropolitan stipendiary magistrates by—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the Extradition Act 1989.
(5) A magistrates’ court consisting of lay justices for the inner London area shall not by virtue of subsection (3) above try an information summarily or hear a complaint except when composed of at least two justices.
(6) Without prejudice to subsection (2) above, subsections (2) to (7) of section 14 above apply to a metropolitan stipendiary magistrate as they apply to a stipendiary magistrate appointed under section 11 above.
(7) Section 15 above applies to metropolitan stipendiary magistrates as well as other stipendiary magistrates in England or Wales.
(1) If it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in the administration of justice in the inner London area, he may authorise any person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to act as a metropolitan stipendiary magistrate during such period (not exceeding three months at one time) as the Lord Chancellor thinks fit.
(2) Anything required or authorised by law to be done by, to or before a metropolitan stipendiary magistrate may be done by, to or before any person acting as a metropolitan stipendiary magistrate under subsection (1) above.
(3) Part V of this Act applies to a person acting as a metropolitan stipendiary magistrate under subsection (1) above as it applies to a metropolitan stipendiary magistrate.
(4) The Lord Chancellor may pay to any person authorised to act under this section such remuneration as he may, with the approval of the Treasury, determine.
(1) There shall be a committee established for the purposes mentioned in subsection (6) below.
(2) The committee shall consist of the following members—
(a) the chief metropolitan stipendiary magistrate;
(b) six lay justices appointed by the chairmen of the petty sessional divisions of the inner London area; and
(c) six metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.
(3) The lay justices eligible for appointment under paragraph (b) of subsection (2) above include any of the chairmen referred to in that paragraph.
(4) The members of the committee shall hold office for a period of twelve months, but shall be eligible for re-appointment.
(5) The chief metropolitan stipendiary magistrate shall be the chairman of the committee.
(6) It shall be the duty of the committee—
(a) to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices; and
(b) to give general directions to any magistrates’ courts committee for any area which consists of or includes the whole or any part of the inner London area as to the division of the work.
(1) For any petty sessions area there shall be a chairman and one or more deputy chairmen of the justices chosen from amongst themselves by the magistrates for the area; and any contested election for the purpose of this section shall be held by secret ballot.
(2) Subject to subsections (3) and (4) below, if the chairman or a deputy chairman of the justices for a petty sessions area is present at a meeting of those justices, he shall preside unless he requests another justice to preside in accordance with rules made under section 24 below.
(3) Subsection (2) above does not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under section 24 below, he is ineligible to preside in court.
(4) Subsection (2) above does not confer on any chairman or deputy chairman of the justices the right to preside—
(a) in a youth court or family proceedings court;
(b) at meetings of a committee or other body of justices having its own chairman; or
(c) at meetings when any District Judge (Magistrates’ Courts) is engaged as such in administering justice.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The number of justices . . .sitting to deal with a case as a magistrates’ court shall not be greater than the number prescribed by rules made under this section.
(2) Rules made under this section may make provision as to the manner in which section 22 above and this section are to be administered, and in particular—
(a) as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, justices;
(b) as to the term of office and the procedure at an election of the chairman or a deputy chairman of the justices for a petty sessions area (including any procedure for nominating candidates at any such election), and the number of deputy chairmen to be elected for any such area;
(c) as to training courses to be completed by justices before they may preside in court;
(d) as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and
(e) as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.
(3) The right of magistrates to vote at an election of the chairman or a deputy chairman of the justices for a petty sessions area may, by rules made under this section, be restricted with a view to securing that the election is made by magistrates experienced as such in the area.
(4) No rules shall be made under this section except on the advice of, or after consultation with, the rule committee established under section 144 of the Magistrates’ Courts Act 1980.
(5) Rules under this section shall be made by the Lord Chancellor by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In each commission area . . ., such one of the justices as may be designated by the Lord Chancellor shall be keeper of the rolls.
(2) There shall be transmitted to the keeper of the rolls for each commission area, and be enrolled in the records of the justices for that area, a copy of any instrument appointing or removing a justice of the peace in that area in accordance with section 5 above; and the keeper of the rolls shall be notified, in such manner as the Lord Chancellor may direct, of any resignation or death of a justice so appointed, and shall cause to be kept, and from time to time rectified, a record of those for the time being holding office by virtue of any such appointment.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) There shall be kept in the office of the Clerk of the Crown in Chancery a record of all persons for the time being holding office as justices of the peace by virtue of appointments made in accordance with section 5 above, together with the instruments of appointment or removal.
(1) This section applies to the area consisting of the counties of Greater Manchester and Merseyside and the retained county of Lancashire; and for this purpose the retained county of Lancashire is that county as it stood immediately before 1st April 1995.
(2) Sections 5(1), 6 and 25 above have effect—
(a) in the case of a commission area which is wholly included within the area to which this section applies with the substitution, for any reference to the Lord Chancellor, of a reference to the Chancellor of the Duchy of Lancaster; and
(b) in the case of a commission area which is partly included within that area with the substitution, for any reference to the Lord Chancellor, of a reference to the Lord Chancellor and the Chancellor of the Duchy of Lancaster acting jointly.
(3) Sections 7(4) to (6) and 8 above have effect—
(a) in the case of a person who is a justice of the peace only for a commission area which is wholly included within that area with the substitution, for any reference to the Lord Chancellor, of a reference to the Chancellor of the Duchy of Lancaster; and
(b) in the case of a person who is a justice either for such a commission area and another commission area or for a commission area which is partly included within that area with the substitution, for any reference to the Lord Chancellor, of a reference to the Lord Chancellor and the Chancellor of the Duchy of Lancaster acting jointly.
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.
(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—
(a) consist of the whole of one or more commission areas or be included wholly within a single commission area; and
(b) comprise the whole of one or more petty sessions areas.
(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
(c) every relevant authority whose area includes all or any part of the magistrates’ courts committee area.
(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
(c) the council of a unitary district.
(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.
(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.
(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) A magistrates’ courts committee for an area outside Greater London shall be a body corporate.
(7) 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.
(8) 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.
(9) Copies of any minutes which are open to inspection under subsection (8) above shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.
(10) A magistrates’ courts committee making a determination under subsection (8) above shall state their reasons for regarding the information in question as being of a confidential nature.
(1) There shall be a body corporate known as the Greater London Magistrates’ Courts Authority.
(2) The Authority shall be the magistrates’ courts committee for Greater London.
(1) The Lord Chancellor may by regulations made by statutory instrument make provision relating to the Greater London Magistrates’ Courts Authority, including—
(a) provision about the membership of the Authority (including provision as to who is to chair it and about the payment of remuneration to its members); and
(b) provision about the Authority’s constitution and procedure (including quorum and meetings).
(2) 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.
(1) The Greater London Magistrates’ Courts Authority may, with the approval of the Lord Chancellor, act through committees appointed by the Authority which, if they include at least one member of the Authority, may also include persons who are not members.
(2) The Authority may also arrange for the discharge of any of their functions—
(a) by the chairman of the Authority; or
(b) by the justices’ chief executive.
(3) Subject to regulations made under this Act, the Authority shall have power to regulate their own procedure, including quorum.
(1) A magistrates’ courts committee shall be responsible for the efficient and effective administration of the magistrates’ courts for their area.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) It shall be the duty of every magistrates’ courts committee to provide training courses for justices’ clerks and for staff of the committee.
(4) The Lord Chancellor may give directions to magistrates’ courts committees requiring each of them, in discharging their responsibilities under subsection (1) above, to meet specified standards of performance.
(5) The Lord Chancellor may also give directions to magistrates’ courts committees requiring each of them to take specified steps, at such intervals as may be specified—
(a) for the purpose of keeping the magistrates for their area informed as to the activities of the committee; or
(b) for the purpose of ascertaining the views of those magistrates on particular matters related to the functions of the committee.
(6) In discharging their responsibilities under subsection (1) above, a magistrates’ courts committee shall have regard to the needs of court users who are disabled; and so long as any direction under subsection (4) above is in force the standards of performance required under that subsection must include standards relating to the provision made for such court users.
(7) A direction under this section may be given to all magistrates’ courts committees or to one or more particular committees.
(8) The Lord Chancellor shall arrange for any direction given under this section to be published in such manner as he thinks fit.
(1) A magistrates’ courts committee may approve persons or bodies for the purpose of executing warrants pursuant to section 125B of the Magistrates’ Courts Act 1980.
(2) The Lord Chancellor may by statutory instrument make regulations as to—
(a) conditions which must be satisfied by a person or body in order to be approved under subsection (1) above; and
(b) the procedure by which a person or body may be so approved.
(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A magistrates’ courts committee shall maintain a register—
(a) containing the names of all persons and bodies approved by the committee under subsection (1) above; or
(b) stating that no person or body has been so approved.
(5) Copies of the register kept by a committee under subsection (4) above shall be available for inspection by members of the public in every petty sessional court-house in the committee’s area during the hours that the court-house is open to the public.
(6) A decision by a magistrates’ courts committee to revoke the approval of a person or body under subsection (1) above does not have effect to revoke the approval until the committee have informed the person or body in writing of the decision.
(1) A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals for an alteration of any commission area which includes the whole or any part of their area.
(2) Before submitting such proposals the magistrates’ courts committee shall consult—
(a) the magistrates for their area or that of any affected magistrates’ courts committee; and
(b) any affected magistrates’ courts committee.
(3) Before making an order under section 1(2) above which makes an alteration of a commission 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 of any affected magistrates’ courts committee; and
(b) any affected magistrates’ courts committee.
(4) For the purposes of subsection (3) 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.
(5) An order under section 1(2) above which makes an alteration of a commission area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.
(6) A statutory instrument containing an order under section 1(2) above which makes an alteration of a commission area shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section references to the alteration of a commission area include (as well as a change in the boundaries of the area)—
(a) the combination of the area with another commission area; and
(b) the division of the area between two or more commission areas.
(8) For the purposes of this section a magistrates’ courts committee is affected by proposals or a proposed order if the alteration proposed would affect any commission area which includes the whole or any part of their area.
(1) A magistrates’ courts committee may at any time submit to the Lord Chancellor a draft order which makes an alteration of a petty sessions area for which they are the committee.
(2) A magistrates’ courts committee shall, if directed to do so by the Lord Chancellor, consider whether any alteration is required to any petty sessions area for which they are the committee and, on completion of its consideration, shall submit to the Lord Chancellor either—
(a) a draft order under subsection (1) above; or
(b) a report giving reasons for no alteration.
(3) The Lord Chancellor may only make an order under section 4(2) above which makes an alteration of a petty sessions area where—
(a) the magistrates’ courts committee for the area have submitted a draft order to him under subsection (1) above and the alteration made by the order is in the terms of the draft or subject only to such modifications as the Lord Chancellor thinks fit;
(b) a magistrates’ courts committee fail to comply within six months with a direction of the Lord Chancellor under subsection (2) above or he is dissatisfied with the draft order or report submitted in pursuance of such a direction; or
(c) the alteration is consequential on an order under section 1(2) or 27A(2) above.
(4) An order under section 4(2) above which makes an alteration of a petty sessions area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.
(5) In this section and section 34 below references to the alteration of a petty sessions area include (as well as a change in the boundaries of the area)—
(a) the combination of the area with another petty sessions area;
(b) the division of the area between two or more petty sessions areas; and
(c) changing the name of the area.
(1) Before submitting to the Lord Chancellor a draft order or a report under section 33 above about any petty sessions area, a magistrates’ courts committee—
(a) shall consult—
(i) every relevant council; and
(ii) the magistrates for . . . the area; and
(b) in the case of a draft order which relates to any district which is not a unitary district, after complying with paragraph (a) above, shall send a copy of their proposals to every relevant district council and take into consideration any objections made in the prescribed manner and within the prescribed time.
(2) A magistrates’ courts committee submitting to the Lord Chancellor a draft order or a report under section 33 above shall comply with such requirements (if any) as to notice as may be prescribed.
(3) Before making an order under section 4(2) above which makes an alteration of a petty sessions area otherwise than in accordance with a draft submitted to him by the magistrates’ courts committee, the Lord Chancellor shall send a copy of his proposals to—
(a) the magistrates’ courts committee;
(b) every relevant council;
(c) the magistrates for . . . the area; and
(d) if the proposals relate to any district which is not a unitary district, every relevant district council.
(4) Before making any order under section 4(2) above which makes an alteration of a petty sessions area, the Lord Chancellor shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.
(5) For the purposes of this section—
(a) “ relevant council ”, in relation to an order, a draft order or a report, means any council of—
(i) a county;
(ii) a county borough;
(iii) a unitary district; or
(iv) a London borough,
which includes all or part of the area to which the order, draft order or report relates;
(b) “ relevant district council ”, in relation to an order or draft order about any area, means any council of a district, other than a unitary district, which includes all or part of the area;
(c) “ prescribed ” means prescribed by regulations made by the Lord Chancellor by statutory instrument; and
(d) an order shall be taken to be made in accordance with a draft order if it is made in terms of the draft order or any departures from the draft order do not, in the opinion of the Lord Chancellor, effect important alterations in the draft order.
(1) The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees to submit to him such reports and plans, in relation to matters for which they are responsible, as may be prescribed.
(2) Any report or plan required by regulations under this section—
(a) shall be prepared in the prescribed manner, after such consultation as may be prescribed, and within such time as may be prescribed;
(b) shall be in the prescribed form;
(c) shall be sent to such persons as may be prescribed; and
(d) shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.
(3) The Lord Chancellor may direct any one or more magistrates’ courts committees to produce such additional reports or plans in relation to matters for which they are responsible as may be specified in the direction.
(4) In this section “ prescribed ” means prescribed by regulations made by the Lord Chancellor by statutory instrument; and 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.
(1) The Lord Chancellor may make an order under subsection (3) below if he is of the opinion that, without reasonable excuse, a magistrates’ courts committee—
(a) are failing properly to discharge any duty imposed on them by or under any enactment; or
(b) have so failed and are likely to do so again.
(2) Before making an order under subsection (3) below, the Lord Chancellor shall give a written warning to the magistrates’ courts committee specifying the default or defaults to which the order relates.
(3) An order under this subsection shall—
(a) state that the Lord Chancellor is of the opinion mentioned in subsection (1) above; and
(b) provide either or both of the following—
(i) that, on the making of the order, the chairman of the committee is to vacate his office as chairman; or
(ii) that, on the making of the order, one or more specified members of the committee (who may include the chairman but may not consist of all the members of the committee) are to vacate their office.
(4) If, after making an order under subsection (3) above, the Lord Chancellor remains of the opinion mentioned in subsection (1) above, he may make an order—
(a) stating that he remains of that opinion; and
(b) providing—
(i) that all the members of the committee are to vacate their office on the making of the order; and
(ii) that for a specified period, not exceeding three months, beginning with the making of the order the committee is to consist of persons nominated by the Lord Chancellor (who need not be justices of the peace).
(5) An order under subsection (4) above shall provide for new members of the committee to be chosen, in accordance with regulations under section 29 above, to take office at the end of the specified period.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Audit Commission may, at the request of a magistrates’ courts committee, undertake or promote comparative and other studies—
(a) designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness in the performance of the committee’s functions; and
(b) for improving the financial or other management of the committee.
(2) Any magistrates’ courts committee which has requested a study in accordance with subsection (1) above, and any officer or member of such a committee, shall provide the Audit Commission, or any person authorised by it, with such information as it or he may reasonably require for the carrying out of the study.
(3) The Audit Commission shall charge the magistrates’ courts committee concerned such fees for any study carried out under subsection (1) above as will cover the full cost of carrying it out.
(4) In this section “ the Audit Commission ” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.
(1) The Lord Chancellor may prepare a code of conduct to be observed by—
(a) members of magistrates’ courts committees; and
(b) members of selection panels for choosing members of such committees.
(2) The Lord Chancellor may from time to time prepare a revised version of the code.
(3) Before preparing the code or a revised version of the code the Lord Chancellor shall undertake such consultation as appears to him to be appropriate.
(4) The code, and any revised version of the code, shall come into force as provided by an order made by the Lord Chancellor by statutory instrument; and an order providing for the coming into force of the code or a revised version shall set out the code or revised version.
(5) A statutory instrument containing an order made by virtue of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Lord Chancellor may make an order under subsection (2) below if he is of the opinion that—
(a) a member of a magistrates’ courts committee; or
(b) a member of a selection panel for choosing members of such a committee,
has, without reasonable excuse, failed to observe the code.
(2) An order under this subsection shall state that the Lord Chancellor is of the opinion mentioned in subsection (1) above and may provide either or both of the following—
(a) that, on the making of the order, the person is to cease to be a member of the committee or selection panel concerned or to cease to be such a member for a specified period; or
(b) that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates’ courts committee or any selection panel for choosing members of such a committee.
(3) The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.
(4) A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Every magistrates’ courts committee shall appoint a justices’ chief executive.
(1A) The justices’ chief executive appointed by a magistrates’ courts committee is—
(a) the justices’ chief executive for every magistrates’ court for the committee’s area;
(b) the justices’ chief executive for every petty sessions area for which they are the committee; and
(c) the chief executive to the justices acting for every such petty sessions area.
(2) A person may not be appointed as justices’ chief executive unless—
(a) the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for appointment;
(b) the Lord Chancellor has approved one or more of those persons; and
(c) the person appointed is a person so approved.
(3) Where a person employed as a justices’ chief executive under a contract for a fixed term is re-appointed on the expiry of that term, subsection (2) above does not apply in relation to the re-appointment.
(4) Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A person may not be appointed both as justices’ chief executive and as justices’ clerk for a petty sessions area unless the Lord Chancellor has agreed that he may hold both appointments.
(7) Where, in accordance with subsection (6) above, a person holds an appointment as justices’ chief executive with an appointment as justices’ clerk for a petty sessions area, he shall not exercise any functions as justices’ clerk for the petty sessions area unless authorised to do so (either generally or in any particular case) by the magistrates’ courts committee for the area which includes that petty sessions area.
(8) In this section “ regulations ” means regulations made by the Lord Chancellor by statutory instrument which may make different provision in relation to the Greater London Magistrates’ Courts Authority and other magistrates’ courts committees ; and 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.
(1) The justices’ chief executive appointed by any magistrates’ courts committee shall make arrangements for the efficient and effective administration of the magistrates’ courts for the area to which the committee relates.
(2) For that purpose the administration of the magistrates’ courts for the area to which a magistrates’ courts committee relates includes—
(a) the exercise of the function of acting as clerk to the committee; and
(b) the exercise of all of the functions conferred or imposed on justices’ chief executives by or under any other enactment so far as relating to any of those courts or that committee.
(3) The duty imposed on a justices’ chief executive by subsection (1) above shall in particular require him—
(a) to allocate responsibility for what falls to be done in the exercise of his functions among justices’ clerks and the staff of the committee; and
(b) to determine the administrative procedures to be followed by them.
(4) The justices’ chief executive appointed by a magistrates’ courts committee shall make arrangements for discussions relating to matters of law (including procedure and practice) among the justices’ clerks appointed by the committee, in particular with a view to securing consistency in the advice given by them to justices about such matters.
(5) The justices’ chief executive appointed by a magistrates’ courts committee shall perform—
(a) the duties imposed on him by this section; and
(b) any other functions conferred or imposed on him by or under any other enactment,
in accordance with any directions given to him by the committee.
(6) Subject to section 48 below, the justices’ chief executive appointed by a magistrates’ courts committee may give directions to justices’ clerks and the staff of the committee as to the carrying out of their responsibilities (including the performance of any functions conferred or imposed on them by or under any enactment).
Justices of the Peace Act 1997 (repealed) (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-1997-25
Contains public sector information licensed under the Open Government Licence v3.0.
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