Part 4JP courts and JPs

Establishing JP courts etc.

I163Constitution and powers etc. of JP courts

1

A JP court has competence, subject to sections 6 and 7 of the 1995 Act (which include provision as to the constitution and powers of JP courts), as respects summary proceedings for offences.

2

The Scottish Ministers may by order amend section 6(2) of the 1995 Act so that it provides that a JP court (when not constituted by a stipendiary magistrate) is to be constituted by one JP only.

F12A

The Scottish Ministers may make an order under subsection (2) only on the recommendation of the Lord President of the Court of Session.

3

Each JP court is to have a clerk of the court.

4

The clerk of a JP court is to be a solicitor or advocate.

5

The clerk of a JP court—

a

except on occasions when a stipendiary magistrate presides, is to act as legal adviser to the court, and

b

has such other functions as the F2Lord President may confer.

6

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