Courts Act 2003

Flexibility in deployment of judicial resources E+W

65 District Judges (Magistrates' Courts) as Crown Court judges etc. E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).

(3) References in any enactment, instrument or other document to a district judge or deputy district judge do not include—

(a) a District Judge (Magistrates' Courts), or

(b) a Deputy District Judge (Magistrates' Courts).

Textual Amendments

F1 S. 65(1) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 5; S.I. 2012/669, art. 4(f)(i)

66 Judges having powers of District Judges (Magistrates' Courts) E+W

(1) Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—

(a) criminal causes and matters,F2 ...

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The offices are—

(a) judge of the High Court;

[F3 (aa) Master of the Rolls;

(ab) ordinary judge of the Court of Appeal;

(ac) Senior President of Tribunals;]

(b) deputy judge of the High Court;

(c) Circuit judge;

(d) deputy Circuit judge;

(e) recorder.

[F4 (f) Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

(g) judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(h) transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);

(i) deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j) office listed—

(i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);

(k) district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);

(l) deputy district judge appointed under section 102 of the Senior Courts Act 1981;

(m) judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;

(n) transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);

(o) member of a panel of Employment Judges established for England and Wales or for Scotland.]

[F5 (2A) A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.]

(3) For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (5) In this section “ qualifying judge advocate ” means—

(a) the Judge Advocate General; or

(b) a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(6) Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.]

[F8 (7) This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.]

Textual Amendments

F2 S. 66(1)(b) and word in s. 66(1)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 S. 66(2)(aa)-(ac) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(2); S.I. 2013/2200, art. 3(g)

F4 S. 66(2)(f)-(o) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(3); S.I. 2013/2200, art. 3(g)

F5 S. 66(2A) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(a); S.I. 2012/669, art. 4(c)

F6 S. 66(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 S. 66(5)(6) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(b); S.I. 2012/669, art. 4(c)

F8 S. 66(7) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(4); S.I. 2013/2200, art. 3(g)

Commencement Information

I1 S. 66 partly in force; s. 66 not in force at Royal Assent see s. 110(1)(2); s. 66(1)(a)(2)(3) in force at 26.1.2004 by S.I. 2003/3345, art. 2(a)(iv)

67 Removal of restriction on Circuit judges sitting on certain appeals E+W

Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.