PART IIFUNCTIONS OF RESIDENT MAGISTRATES AND JUSTICES OF THE PEACE
Functions of resident magistrates and justices of the peace other than resident magistrates
Functions of resident magistrates and justices of the peace other than resident magistrates3.
(1)
A resident magistrate sitting alone may, as well as exercising any function which is conferred by any enactment upon a resident magistrate or upon aF1 lay magistrate, exercise any function which under any enactment may be exercised by—
(a)
two or moreF1 lay magistrates; or
(b)
two or more resident magistrates.
(2)
AF1 lay magistrate may not sit in petty sessions and may exercise only such functions as are conferred upon aF1 lay magistrate under—
(a)
any enactment (including this Order) commencing on or after 1st January 1936; or
(b)
any enactment commencing before that day included in Part I of Schedule 1.
Local jurisdiction of justices of the peaceF24.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protection from legal proceedings
F3Immunity of resident magistrates etc. for acts within jurisdiction.5.
No action shall lie against any resident magistrate,F4 lay magistrate or clerk of petty sessions in respect of any act or omission of his—
(a)
in the execution of his duty—
(i)
asF4 a resident magistrate or a lay magistrate; or
(ii)
as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates' court; and
(b)
with respect to any matter within his jurisdiction.
Immunity for certain acts beyond jurisdiction.6.
An action shall lie against any resident magistrate,F5 lay magistrate or clerk of petty sessions in respect of any act or omission of his—
(a)
in the purported exercise of his duty—
(i)
asF5 a resident magistrate or a lay magistrate; or
(ii)
as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates' court; but
(b)
with respect to a matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
F6Costs in legal proceedings6A.
(1)
A court may not order any resident magistrate,F7 lay magistrate or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—
(a)
asF7 a resident magistrate or a lay magistrate; or
(b)
as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates' court.
(2)
Paragraph (1) does not apply in relation to—
(a)
any proceedings in which a resident magistrate,F7 lay magistrate or clerk of petty sessions is being tried for an offence or is appealing against a conviction; or
(b)
any proceedings in which it is proved that a resident magistrate,F7 lay magistrate or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings.
(3)
Where a court is prevented by paragraph (1) from ordering a resident magistrate,F7 lay magistrate or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.
(4)
The Lord Chancellor mayF8, after consultation with the Lord Chief Justice, by regulations specify—
(a)
circumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); and
(b)
how the amount of any payment ordered under that paragraph is to be determined.
F9(4A)
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4)—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).
(5)
Regulations under paragraph (4) shall be subject to F10negative resolution.
Where warrant on conviction is issued by clerk or another justice7.
Where a conviction or order is made by aF11 magistrates' court and a warrant to enforce it is signed byF12. . . a clerk of petty sessions, no action shall be brought against theF12. . . clerk who signed the warrant by reason of any lack of jurisdiction in the magistrates' court which made the conviction or order.
Acts performed pursuant to decision of High Court or on appeal8.
Para. (1) rep. by 1990 c. 41
(2)
Where action is prohibited proceedings may be set aside9.
Where any action which is prohibited by this Part is commenced, the judge may, upon an application by the defendant supported by an affidavit of facts, order that the proceedings in such action be set aside with or without costs.
Defrayal by Lord Chancellor of expenses in connection with proceedings10.
(1)
The Lord Chancellor, with the approval of the Treasury, may defray the whole or part of any expenses incurred by a resident magistrateF14, by a lay magistrate or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution of the office of thatF14 resident magistrate, lay magistrate or clerkF15 in relation to any matter other than a criminal matter if and in so far as it appears to the Lord Chancellor to be reasonable, having regard to the circumstances, that such expenses, or part of them should not be borne by that magistrate, justice or clerk personally.
F15(1A)
The Lord Chancellor shall defray any expenses reasonably incurred by a resident magistrateF14, by a lay magistrate or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution, of the office of thatF14 resident magistrate, lay magistrate or clerk in relation to any criminal matter, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith.
(2)
In this Article “expenses” includes damages or costs and any sums payable in connection with a settlement of proceedings or of a claim.