Magistrates’ Courts Act 1980 (c. 43)

Part I U.K. Criminal Jurisdiction and Procedure

Jurisdiction to issue process and deal with charges E+W

2 Jurisdiction to deal with charges. E+W

(1) A magistrates’ court for [F1 a commission area F2 . . .] shall have jurisdiction to try all summary offences committed within [F1 the commission area]. . ..

(2) Where a person charged with a summary offence appears or is brought before a magistrates’ court in answer to a summons issued under paragraph (b) of secion 1(2) above, or under a warrant issued under that paragraph, the court shall have jurisdiction to try the offence.

(3) A magistrates’ court for [F1 a commission area F2 . . .] shall have jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court, whether or not the offence was committed within [F1 the commission area]. . ..

(4) Subject to sections 18 to 22 below and any other enactment (wherever contained) relating to the mode of trial of offences triable either way, a magistrates’ court shall have jurisdiction to try summarily an offence triable either way in any case in which under subsection (3) above it would have jurisdiction as examining justices.

(5) A magistrates’ court shall, in the exercise of its powers under section 24 below, have jurisdiction to try summarily an indictable offence in any case in which under subsection (3) above it would have jurisdiction as examining justices.

(6) A magistrates’ court for any area by which a person is tried for an offence shall have jurisdiction to try him for any summary offence for which he could be tried by a magistrates’ court for any other area.

(7) Nothing in this section shall affect any jurisdiction over offences conferred on a magistrates’ court by any enactment not contained in this Act.

Textual Amendments

F1 Words in s. 2(1)(3) substituted (1.4.1996) by virtue of 1994 c. 19, s. 1(3), Sch. 2 para. 11(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22, 23(2)); S.I. 1995/3198, art. 3, Sch. 1; S.I. 1996/674, reg. 2, Sch. Pt. I para. 2(2)(a)(b)

F2 Words in s. 2(1)(3) repealed (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 2(2)(a)(b)

Modifications etc. (not altering text)

C1 S. 2(1) modified by Road Traffic Act 1974 (c. 50, SIF 107:1), s. 5(8) (as inserted by Transport Act 1982) (c. 49, SIF 107:1), s. 74(1), Sch. 5 para. 18(8)

C2 S. 2(1) modified by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), ss. 111(8), 143, 144, 145(5), Sch. 12 para. 10(3)