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Courts Act 1971

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Courts Act 1971 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part I Introductory

    1. 1. The Supreme Court.

    2. 2. Location of sittings and business of High Court.

    3. 3. Abolition of courts of quarter sessions.

  3. Part II The Crown Court

    1. 4. Establishment of the Crown Court.

    2. 5. Justices as judges of Crown Court.

    3. Trial on indictment

      1. 6. Exclusive jurisdiction in trial on indictment.

      2. 7. Committal for trial on indictment.

    4. Other jurisdiction

      1. 8. Transfer to Crown Court of quarter sessions jurisdiction.

      2. 9. Appeals to Crown Court.

      3. 10. High Court jurisdiction in Crown Court proceedings.

    5. Trial on indictment and other jurisdiction

      1. 11. Sentences imposed and other decisions made by Crown Court.

      2. 12. Right of audience.

      3. 13. Process to compel appearance before Crown Court.

      4. 14. Practice and procedure: power to make rules.

      5. 15. Crown Court rules.

  4. Part III Judges

    1. 16.Appointment of Circuit Judges.

    2. 17.Retirement, removal and disqualifications of Circuit judge.

    3. 18.Salaries and allowances of Circuit judges.

    4. 19.(1) . . . . . . . . ....

    5. 20. Judges of county courts.

    6. 21.Appointment of Recorders.

    7. 22.Oaths to be taken by Circuit judges and Recorders.

    8. 23. Circuit judge or Recorder sitting as High Court Judge.

    9. 24.Deputy Circuit judges ...

    10. 25. Official referees’ business.

  5. Part IV Officers and Accommodation

    1. 26. Masters and registrars to be appointed by Lord Chancellor.

    2. 27. Administrative and other court staff.

    3. 28. Provision of accommodation.

    4. 29. Accommodation in City of London.

    5. 30. Advisory committees.

  6. Part V

    1. 31—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  7. Part VI Miscellaneous and Supplemental

    1. Merger or abolition of certain courts and offices

      1. 41. Merger of Palatine Courts with High Court.

      2. 42. Local court for City of London.

      3. 43. Abolition of certain other local courts.

      4. 44. Abolition of certain offices.

      5. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Costs

      1. 47—49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 51. Construction and consequential amendments

      4. 52. Award of costs where information or complaint is not proceeded with.

    3. Administrative functions of justices

      1. 53. Administrative functions of justices.

    4. Boroughs: honorary offices

      1. 54. Boroughs: honorary offices.

    5. Supplemental

      1. 55. Financial provisions.

      2. 56. Minor and consequential amendments, transitional provisions and repeals.

      3. 57. Interpretation of this Act and rules of construction of other Acts.

      4. 58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 59. Short title, commencement and extent.

  8. SCHEDULES

    1. SCHEDULE 1

      1. . . . . . . . . . ....

    2. SCHEDULE 2

      Holders of Certain Existing Judicial Offices

      1. Part I Certain Office-Holders to be Circuit Judges

        1. 1.(1) On the appointed day the persons then holding office...

        2. 2.(1) Any person who, being appointed Recorder of London after...

        3. 3.(1) Subject to sub-paragraph (2) below, section 17 of this...

      2. Part IA Certain Office–Holders Eligible for Appointment as Circuit Judges

        1. Social Security Commissioner appointed under section 97 of the Social...

        2. President of Social Security Appeal Tribunals and Medical Appeal Tribunals...

        3. President of the Employment Tribunals (England and Wales) or member...

        4. President or member of the Immigration Appeal Tribunal appointed under...

        5. . . . . . . . . . ....

        6. President of Pensions Appeal Tribunals appointed under the Schedule to...

        7. . . . . . . . . . ....

        8. . . . . . . . . . ....

        9. Senior coroner appointed under paragraph 1 of Schedule 3 to...

        10. Master of the Queen’s Bench Division.

        11. Queen’s Coroner and Attorney and Master of the Crown Office...

        12. Admiralty Registrar.

        13. Master of the Chancery Division.

        14. Insolvency and Companies Court Judge .

        15. Taxing Master of the Senior Courts .

        16. District judge of the principal registry of the Family Division....

        17. Registrar of Civil Appeals.

        19. District judge.

        20. District Judge (Magistrates’ Courts)

      3. Part II Supplementary Provisions with Respect to Certain Judicial Officers

        1. 4.(1) If and so long as any holder of the...

        2. 5.Nothing in section 16, section 18(1) or section 19 of...

        3. 6.After the appointed day no person shall be appointed an...

        4. 7.On the appointed day section 14 of the City of...

        5. 8.Notwithstanding anything in sections 17 to 19 of this Act,...

        6. 9.(1) Subject to the preceding provisions of this Part of...

    3. SCHEDULE 3

      1. Right of use for Supreme Court and county courts

        1. 1.(1) This paragraph has effect— (a) as respects any premises...

      2. Premises acquired by Secretary of State

        1. 2.(1) Before any premises used for the business of the...

      3. Compulsory purchase

        1. 3.(1) This paragraph has effect where— (a) the Secretary of...

      4. Loan charges

        1. 4.(1) Where any premises were, up to the appointed day,...

        2. 5.(1) Where the Secretary of State acquires from a local...

        3. 6.(1) For the purposes of this Schedule “loan charge” means...

      5. Premises in which more than one local authority are interested

        1. 7.(1) If a compulsory purchase order authorises acquisition of the...

      6. Termination of obligation to provide courthouse or sessions-house

        1. 8.Any obligation imposed on any authority by law or custom...

      7. Judges’ lodgings

        1. 9.(1) The duties and responsibilities of sheriffs, and of local...

      8. Reference of disputes to Lands Tribunal

        1. 10.(1) Any dispute between a Minister and a local authority...

      9. Exclusion of premises in City of London

        1. 11.Nothing in this Schedule applies to any premises in the...

      10. Supplemental

        1. 12.(1) In this Schedule, unless the context otherwise requires— the...

    4. SCHEDULE 4

      1. . . . . . . . . . ....

    5. SCHEDULE 5

      1. Part I The Palatine Courts

        1. Interpretation

          1. 1.In this Part of this Schedule— “the Palatine Court” means...

        2. Pending Proceedings

          1. 2.(1) Subject to any provision made (whether before or after...

        3. Fees

          1. 3.(1) All fees and other payments which, having become due...

        4. Funds in court

          1. 4.(1) On the relevant date all investments and money which,...

        5. Court Records

          1. 5.All records of the Palatine Court shall on and after...

      2. Part II Mayor’s and City of London Court

        1. Interpretation

          1. 6.In this Part of this Schedule— “the City Court” means...

        2. Pending proceedings

          1. 7.(1) Any proceedings which had been begun in the City...

        3. Outstanding fees

          1. 8.All fees and similar payments which, having become due in...

        4. Funds in court

          1. 9.(1) On the relevant date all investments and money which...

      3. Part III Other Local Courts

        1. Interpretation

          1. 10.In this Part of this Schedule— “the local courts” means...

        2. Pending proceedings

          1. 11.(1) Subject to any provision made (whether before or after...

        3. Fees

          1. 12.(1) All fees and similar payments which, having become due...

        4. Funds in court

          1. 13.On the relevant date all investments and money which immediately...

        5. Court records

          1. 14.All records of the local courts shall on and after...

    6. SCHEDULE 6

      AMENDMENTS RELATING TO COSTS IN CRIMINAL CASES ETC.

      1. 1—5.. . . . . . . . . ....

      2. Betting, Gaming and Lotteries Act 1963

        1. 6.In paragraph 23 of Schedule 1 to the (award of...

      3. Licensing Act 1964.

        1. 7.In section 25 of the Licensing Act 1964 (award of...

      4. Criminal Justice Act 1967

        1. 8.. . . . . . . . . ....

        2. 9.(1) In section 32 of the Criminal Justice Act 1967,...

        3. 10.. . . . . . . . . ....

        4. 11.. . . . . . . . . ....

      5. Gaming Act 1968

        1. 12.In paragraph 30 of Schedule 2 to the Gaming Act...

        2. 13.In paragraph 14 of Schedule 9 to the Gaming Act...

    7. SCHEDULE 7

      ADMINISTRATIVE FUNCTIONS OF JUSTICES

      1. PART I AMENDMENTS OF JUSTICES OF THE PEACE ACT 1949

        1. 1.In section 16 of the Justices of the Peace Act...

        2. 2.(1) In Schedule 4 to that Act, in paragraph 1,...

        3. 3.For paragraph 5 of Schedule 4 to that Act there...

      2. PART II AMENDMENTS OF THE PRISON ACT 1952

        1. 4.(1) In section 6 of the Prison Act 1952, subsection...

        2. 5.In section 43(4) of that Act, in paragraph (a) the...

      3. PART III

        1. 6.. . . . . . . . . ....

        2. 7, 8.. . . . . . . . . ....

        3. 9.. . . . . . . . . ....

    8. SCHEDULE 8

      Amendments of other Acts

      1. Part I General

        1. Administrative functions of quarter sessions and clerks of the peace

          1. 1.(1) Any function of courts of quarter sessions, or of...

        2. General rules of construction

          1. 2.(1) In any enactment or other instrument for any reference...

        3. Amendments of local Acts

          1. 3.(1) The Lord Chancellor may by order in a statutory...

      2. Part II Miscellaneous Amendments

        1. Habeas Corpus 1679

          1. 4.(1) In section 2 of the Habeas Corpus Act 1679...

        2. Vagrancy Act 1824

          1. 5.The Vagrancy Act 1824 shall be amended as follows:—

          2. 6.. . . . . . . . . ....

        3. Parliamentary Documents Deposit Act 1837

          1. 7.For any reference in the Parliamentary Documents Deposit Act 1837...

        4. Slave Trade Act 1843

          1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. Indictable Offences Act 1848

          1. 9.In sections 12, 13 and 14 of the Indictable Offences...

        6. Petty Sessions (Ireland) Act 1851

          1. 10.In section 30 of the Petty Sessions (Ireland) Act 1851...

          2. 11.. . . . . . . . . ....

        7. Explosives Act 1875

          1. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. 13.. . . . . . . . . ....

        8. Central Criminal Court (Prisons) Act 1881

          1. 14.In section 2(5) of the Central Criminal Court (Prisons) Act...

        9. Coroners Act 1887

          1. 15.(1) In section 5 of the Coroners Act 1887—

        10. Witnesses (Public Inquiries) Protection Act 1892

          1. 16.In section 3 of the Witnesses (Public Inquiries) Protection Act...

        11. Indictments Act 1915

          1. 17.(1) In section 2 of the Indictments Act 1915 references...

          2. 18.. . . . . . . . . ....

        12. Criminal Justice Act 1925

          1. 19.In section 33(3) of the Criminal Justice Act 1925 (arraignment...

        13. Coroners (Amendment) Act 1926

          1. 20.(1) The provisions of this Act about committal for trial...

        14. Petroleum (Consolidation) Act 1928

          1. 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. 22.. . . . . . . . . ....

          3. 23.. . . . . . . . . ....

        15. Criminal Justice Act 1948

          1. 24.In the Criminal Justice Act 1948— (a) . . ....

          2. 25—27.. . . . . . . . . ....

          3. 28.(1) In section 37 of that Act, for paragraph (b)...

          4. 29.. . . . . . . . . ....

          5. 30.. . . . . . . . . ....

          6. 31.. . . . . . . . . ....

          7. 32.. . . . . . . . . ....

        16. Prison Act 1952

          1. 33.In section 47(5) of the Prison Act 1952 as amended...

          2. 34.. . . . . . . . . ....

        17. County Courts Act 1959

          1. 35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. 36.. . . . . . . . . ....

        18. Obscene Publications Act 1959

          1. 37.In section 3(50 of the Obscene Publications Act 1959 (time...

          2. 38.. . . . . . . . . ....

        19. Caravan Sites and Control of Development Act 1960

          1. 39.In section 9(2) of the Caravan Sites and Control of...

        20. Administration of Justice Act 1960

          1. 40.(1) In section 13(2) of the Administration of Justice Act...

        21. Criminal Justice Act 1961

          1. 41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. This Amendment shall cease to have effect when the relevant...

        22. Licensing Act 1964

          1. 42.(1) In section 28(3)(b) of the Licensing Act 1964 after...

        23. Administration of Justice Act 1964

          1. 43.(1) . . . . . . . . ....

          2. 44.. . . . . . . . . ....

        24. Criminal Procedure (Attendance of Witnesses) Act 1965

          1. 45.(1) In section 1(1) of the Criminal Procedure (Attendance of...

          2. 46.. . . . . . . . . ....

          3. 47.. . . . . . . . . ....

        25. Criminal Justice Act 1967

          1. 48.In the Criminal Justice Act 1967— (a) in all places...

          2. 49.In section 9(5) of that Act, for paragraphs (a) and...

          3. 50.. . . . . . . . . ....

          4. 51.. . . . . . . . . ....

          5. 52.. . . . . . . . . ....

          6. 53, 54.. . . . . . . . . ....

          7. 55.(1) In subsection (8) of section 56 of that Act,...

          8. 56.. . . . . . . . . ....

        26. Criminal Appeal Act 1968

          1. 57.(1) In the Criminal Appeal Act 1968—

        27. Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968

          1. 58.In section 1(4) of the Domestic and Appellate Proceedings (Restriction...

        28. Children and Young Persons Act 1969

          1. 59.(1) In section 3(7) of the Children and Young Persons...

        29. Administration of Justice Act 1970

          1. 60.(1) In section 4(2) of the Administration of Justice Act...

    9. SCHEDULE 9

      Quarter Sessions Jurisdiction: Substitution of References to Crown Court

      1. Part I Appellate Jurisdiction

      2. Part II Original Jurisdiction

    10. SCHEDULE 10.

      Transitional Provisions

      1. Part I Criminal Assize Courts and Courts of Quarter Sessions

        1. 1.(1) Subject to the provisions of this Act, for the...

        2. Part-heard proceedings

          1. 2.(1) Any proceeding the hearing of which has begun but...

        3. Costs in criminal cases

          1. 3.Nothing in this Act shall affect any order made before...

        4. Records of courts of quarter sessions

          1. 4.Before the appointed day the clerk of the peace of...

      2. Part II Courts: Miscellaneous

        1. Civil courts of assize

          1. 5.(1) Subject to any provision made by rules of court,...

        2. Directions by Lord Chief Justice

          1. 6.(1) The Lord Chief Justice may if it appears to...

      3. Part III County Court Judges

        1. 7.Each person who, immediately before the appointed day, held office...

        2. 8.Notwithstanding anything in section 20(4) of this Act, the termination...

      4. Part IV Judges, Officers and Staff

        1. Continuation of appointments

          1. 9.(1) The repeals made by this Act shall not affect...

        2. Jury service

          1. 10.The abolition by this Act of the offices of clerk...

          2. 11, 12.. . . . . . . . . ....

          3. 13, 14.. . . . . . . . . ....

          4. 15.(1) In relation to any person who, before the day...

          5. 16.(1) The Lord Chancellor may, with the concurrence of the...

        3. Seconding of staff from local or other authorities

          1. 17.(1) This paragraph has effect in order to meet any...

    11. SCHEDULE 11

      REPEALS

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