Search Legislation

Magistrates’ Courts Act 1980

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 142

 Help about opening options

Changes to legislation:

Magistrates’ Courts Act 1980, Section 142 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

142 Power of magistrates’ court to re-open cases to rectify mistakes etc.E+W

(1)[F1A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so;] and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.

[F2(1A)The power conferred on a magistrates’ court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—

(a)the Crown Court has determined an appeal against—

(i)that sentence or order;

(ii)the conviction in respect of which that sentence or order was imposed or made; or

(iii)any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or

(b)the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.]

(2)Where a person is [F3convicted by a magistrates’ court]and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may, F4. . .so direct.

[F5(2A)The power conferred on a magistrates’ court by subsection (2) above shall not be exercisable in relation to a conviction if—

(a)the Crown Court has determined an appeal against—

(i)the conviction; or

(ii)any sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of the conviction; or

(b)the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.]

(3)Where a court gives a direction under subsection (2) above—

(a)the [F6conviction] and any sentence or other order imposed or made in consequence thereof shall be of no effect; and

(b)section 10(4) above shall apply as if the trial of the person in question had been adjourned.

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where a sentence or order is varied under subsection (1) above, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.

Textual Amendments

F1Words in s. 142(1) substituted (1.1.1996) by 1995 c. 35, s. 26(2); S.I. 1995/3061, art. 3(c)

F2S. 142(1A) inserted (1.1.1996) by 1995 c. 35, s. 26(3); S.I. 1995/3061, art. 3(c)

F3Words in s. 142(2) substituted (1.1.1996) by 1995 c. 35, s. 26(4)(a); S.I. 1995/3061, art. 3(c)

F4Words in s. 142(2) repealed (1.1.1996) by 1995 c. 35, ss. 26(4)(b), 29(2), Sch.3; S.I. 1995/3061, art. 3(c)(d)(i)(iv)

F5S. 142(2A) inserted (1.1.1996) by 1995 c. 35, s. 26(5); S.I. 1995/3061, art. 3(c)

F6Word in s. 142(3) substituted (1.1.1996) by 1995 c. 35, s. 26(6); S.I. 1995/3061, art. 3(c)

F7S. 142(4) repealed (1.1.1996) by 1995 c. 35, s. 26(7), 29(2), Sch. 3; S.I. 1995/3061, art. 3(c)(d)(i)(iv)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?