Justices of the Peace Act 1979 (repealed 19.6.1997)

Part III E+W Inner London Area

Metropolitan stipendiary magistrates E+W

31 Appointment, removal and retirement of metropolitan stipendiary magistrates. E+W

(1) Metropolitan stipendiary magistrates shall be appointed by Her Majesty, and Her Majesty shall from time to time appoint such number of persons as is necessary; but the number of metropolitan stipendiary magistrates shall not at any time exceed sixty or such larger number as Her Majesty may from time to time by Order in Council specify.

(2) A person shall not be qualified to be appointed a metropolitan stipendiary magistrate unless he [F1 has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990].

(3) The Lord Chancellor shall designate one of the metropolitan stipendiary magistrates to be the chief metropolitan stipendiary magistrate.

(4) The following provisions shall apply to each metropolitan stipendiary magistrate, that is to say—

(a) he shall by virtue of his office be a justice of the peace for each of the London commission areas and for the counties of Essex, Hertfordshire, Kent and Surrey;

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

(c) he may be removed from office by the Lord Chancellor for inability or misbehaviour.

(5) A metropolitan stipendiary magistrate who is by virtue of his office a justice of the peace for any area mentioned in subsection (4) above shall not, by reason only of his being a justice of the peace for that area by virtue of that office, be qualified to be chosen under section 17(1) of this Act as chairman or deputy chairman of the justices for a petty sessional division of that area or to vote under that subsection at the election of any such chairman or deputy chairman.

(6) Section 14 of this Act shall apply to metropolitan stipendiary magistrates as well as to other stipendiary magistrates in England or Wales.

(7) Her Majesty shall not be recommended to make an Order in Council under subsection (1) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House.

Textual Amendments

F1 Words substituted by Courts and Legal Services Act 1990 (c.41, SIF 37), s. 71(2), Sch. 10 para. 44(2)

F2 S. 31(4)(b) repealed by Courts and Legal Services Act 1990 (c.41, SIF 76:1), s. 125(7), Sch. 20

32 Allocation and sittings of metropolitan stipendiary magistrates. E+W

(1) The Lord Chancellor may assign metropolitan stipendiary magistrates to petty sessional divisions constituted under section 36 of this Act and may alter any assignment under this subsection; but the assignment of a magistrate to a particular division shall not preclude him from exercising jurisdiction for any other division of the inner London area.

(2) Metropolitan stipendiary magistrates shall sit at such courthouses provided for the inner London area under the following provisions of this Act, on such days and at such times as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.

(3) The chief metropolitan stipendiary magistrate shall cause to be held, at least once in every quarter of a year, a meeting of all the metropolitan stipendiary magistrates, or such of them as are able to attend, and, if present, shall preside over the meeting.

33 Jurisdiction of metropolitan stipendiary magistrates and lay justices. E+W

(1) In the inner London area the jurisdiction conferred on justices of the peace by any enactment, by their commission or by the common law shall be exercisable both by metropolitan stipendiary magistrates and by justices of the peace for that area who are not metropolitan stipendiary magistrates (hereafter in this Part of this Act referred to as “lay justices”).

(2) Metropolitan stipendiary magistrates shall continue to exercise the jurisdiction conferred on them as such by any enactment; and the inner London area (having taken the place of the metropolitan stipendiary courts area) shall continue to be the area for which magistrates’ courts are to be held by metropolitan stipendiary magistrates.

(3) Lay justices for the inner London area may, in addition to exercising the jurisdiction mentioned in subsection (1) above, exercise the jurisdiction conferred on metropolitan stipendiary magistrates as such by any enactment except the following, that is to say—

(a) the Extradition Acts 1870 to 1935;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(c) section 25 of the M1 Children and Young Persons Act 1933 (restrictions on persons under 18 going abroad for the purpose of performing for profit); and

(d) the M2 Fugitive Offenders Act 1967;

but a magistrates’ court consisting of lay justices for the inner London area shall not by virtue of this subsection try an information summarily or hear a complaint except when composed of at least two justices.

(4) Without prejudice to subsection (1) above, subsections (3) to (5) of section 16 of this Act shall have effect in relation to a metropolitan stipendiary magistrate as they have effect in relation to a stipendiary magistrate appointed under section 13 of this Act.

Textual Amendments

F3 S. 33(3)(b) repealed by Pilotage Act 1987 (c.21, SIF 111), s. 32(5), Sch. 3

Marginal Citations

M1 1933 c. 12.

M2 1967 c. 68.

34 Acting metropolitan stipendiary magistrate. E+W

(1) If it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in the administration of justice in the inner London area, he may authorise any person, who [F4 has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990], to act as a metropolitan stipendiary magistrate during such period (not exceeding three months at any one time) as the Lord Chancellor thinks fit.

(2) All things required or authorised by law to be done by, to or before a metropolitan stipendiary magistrate may be done by, to or before any person acting as such in pursuance of this section.

[F5 (2A) Sections 44, 45 and 53 of this Act shall apply to a person acting as a metropolitan stipendiary magistrate under subsection (1) as they apply to a metropolitan stipendiary magistrate.]

(3) The Lord Chancellor may, out of moneys provided by Parliament, pay to any person authorised to act under this section such remuneration as he may, with the approval of the Minister for the Civil Service, determine.

Textual Amendments

F4 Words substituted by Courts and Legal Services Act 1990 (c.41, SIF 37), s. 71(2), Sch. 10 para. 44(2)

F5 S. 34(2A) inserted by Courts and Legal Services Act 1990 (c.41, SIF 76:1), ss. 108(4), 125(6), Sch. 19 para. 16

Valid from 01/04/1995

[F6 34A Division of work in inner London area. E+W

(1) There shall be established for the purposes of this section a committee consisting of the following members—

(a) the chief metropolitan stipendiary magistrate,

(b) six lay justices appointed by the chairmen of the petty sessional divisions of the inner London area, and

(c) six metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(2) The lay justices eligible for appointment under paragraph (b) of subsection (1) above include any of the chairmen referred to in that paragraph.

(3) The members of the committee shall hold office for a period of twelve months, but shall be eligible for re-appointment.

(4) The chief metropolitan stipendiary magistrate shall be the chairman of the committee.

(5) It shall be the duty of the committee—

(a) to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and

(b) to give general directions to any magistrates’ courts committee for any area which consists of or includes the whole or any part of the inner London area as to the division of the work.]

Textual Amendments

F6 S. 34A inserted (1.4.1995) by 1994 c. 29, s.81; S.I. 1995/685, art.4(g)

Valid from 01/04/1995

[F7 Justices’ clerks for youth courts and family proceedings courts] E+W

Textual Amendments

F7 Cross heading and s. 34B inserted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para.15; S.I. 1995/685, art.7(1)(g)

F8 34B Appointment of justices’ clerks for youth courts and family proceedings courts. E+W

(1) The inner London magistrates’ courts committee shall appoint one or more justices’ clerks for the youth courts and family proceedings courts for the metropolitan area.

(2) Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices’ clerk appointed under subsection (1) above as they have effect in relation to a justices’ clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.

(3) In this section—

• “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, all the magistrates courts’ committees for areas which consist of or include any part of the inner London area acting jointly; and

• “the metropolitan area” means the inner London area and the City of London.

Textual Amendments

F8 S. 34B inserted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para.15; S.I. 1995/685, art.7(1)(g)

Provisions relating to committee of magistrates E+W

35 Committee of magistrates for inner London area. E+W

(1) No magistrates’ courts committee shall be set up under Part II of this Act for the inner London area, but instead there shall continue to be a committee (to be known as the “committee of magistrates”) set up for that area in accordance with the following provisions of this Part of this Act, with such functions in relation to—

(a) the division of that area into petty sessional divisions;

(b) the employment of clerks and other officers;

(c) the division of work between the metropolitan stipendiary magistrates and lay justices;

(d) the provision of courses of instruction for justices; and

(e) other matters of a financial or administrative character, as are or may be provided by or under this Act or as the committee may be authorised by the [F9 Lord Chancellor] to undertake.

(2) The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the committee of magistrates.

(3) In addition to the chief metropolitan stipendiary magistrate, the committee of magistrates shall consist of the following members, that is to say—

(a) one lay justice chosen from amongst themselves by the lay justices for each petty sessional division;

(b) [F10 one member of the juvenile court panel] for the inner London area and the City of London, chosen jointly by the members of that panel and by any chairmen of juvenile courts for that area and the City who are not members of that panel; and

[F11 (bb) two members chosen, in such manner as may be prescribed by rules made for the purposes of this subsection, from any family panel or combined family panel for the inner London area]

(c) such number of metropolitan stipendiary magistrates nominated by the chief metropolitan stipendiary magistrate as is equal to the total number of members required to be chosen under paragraphs (a) and (b) above.

(4) The members of the committee of magistrates who are chosen or nominated under subsection (3) above shall hold office as such for the period of one year beginning on such date as the [F9 Lord Chancellor] may direct, but may again be chosen or nominated as members of the committee.

(5) There shall be a chairman, a vice-chairman and deputy chairman of the committee of magistrates; and—

(a) the chief metropolitan stipendiary magistrate shall be the chairman;

(b) a metropolitan stipendiary magistrate chosen from amongst the members of the committee by the chief metropolitan stipendiary magistrate shall be vice-chairman; and

(c) a person chosen from amongst themselves by the lay justices who are members of the committee shall be the deputy chairman.

(6) Section 22 of this Act, with the exception of—

(a) so much of subsection (1) as relates to the chairman of a magistrates’ courts committee; and

(b) subsection (3),

shall apply to the committee of magistrates as it applies to a magistrates’ courts committee.

[F12 (7) No rules shall be made under subsection (3)(bb) above except on the advice of, or after consultation with, the rule committee established under section 144 of the Magistrates’ Courts Act 1980.]

Textual Amendments

F9 Words in s. 35 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F10 Words in s. 35(3)(b) substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 10(3); S.I. 1991/1364, art. 2, Schedule

F11 S. 35(3)(bb) inserted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 10(3); S.I. 1991/1364, art. 2, Schedule

F12 S. 35(7) inserted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 10(4); S.I. 1991/1364, art. 2, Schedule

36 Petty sessional divisions in inner London area. E+W

(1) The [F13 Lord Chancellor] may, on the recommendation of or after consultation with the committee of magistrates, by order made by statutory instrument make provision for the division of the inner London area or any part of that area into petty sessional divisions.

(2) It shall be the duty of the committee of magistrates from time to time, and also when directed to do so by the [F13 Lord Chancellor], to take into consideration the division of the inner London area into petty sessional divisions and to recommend to the [F13 Lord Chancellor] (giving reasons for their recommendation) whether or not to make any changes in those divisions and, if changes are recommended, what changes; and the [F13 Lord Chancellor] shall not act otherwise than in accordance with any recommendation under this subsection except after consultation with the committee.

(3) An order under this section may contain transitional and other consequential provisions.

Textual Amendments

F13 Words in s. 36(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

[F14 36A Alteration of names of petty sessions areas in inner London area. E+W

(1) The committee of magistrates may at any time submit to the [F15 Lord Chancellor] a draft order altering the name of any petty sessions area in the inner London area.

(2) Where the committee submit a draft order to the [F15 Lord Chancellor] under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit.

(3) Any order under this section may contain transitional and other consequential provisions.]

Textual Amendments

F14 S. 36A inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 164(1)(3), Sch. 8 para. 16

F15 Words in s. 36A(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

37 Justices’ clerks and other officers. E+W

(1) It shall be the duty of the committee of magistrates, subject to the following provisions of this section, to appoint—

(a) a principal chief clerk for the inner London area, one or more chief clerks for each petty sessional division of that area and one or more chief clerks for the juvenile courts [F16 and family proceedings courts]for that area and the City of London, and

(b) such [F17 senior deputy chief clerks,]deputy chief clerks and other officers as may be necessary;

and the committee shall, where there is more than one chief clerk for such a division or for those courts, designate one of them to be the senior chief clerk for that division or for all those courts, as the case may be necessary [F18 and, where there is only one, designate him];

(2) The officers mentioned in subsection (1)(a) above shall rank as justices’ clerks and be treated as such for the purposes of the enactments relating to justices’ clerks, including (except where otherwise expressly provided) any such enactment contained in this Act.

(3) The justices’ clerks [F19 senior deputy chief clerks]and deputy chief clerks mentioned in subsection (1) above shall not be appointed or dismissed by the committee of magistrates without the approval of the [F20 Lord Chancellor], and—

(a) the committee shall inform the [F20 Lord Chancellor] of the age, qualification and experience of any person proposed to be appointed such a clerk, and, if the [F20 Lord Chancellor] so requires, of any other person offering himself for the appointment; and

(b) before approving the dismissal of any such clerk the [F20 Lord Chancellor] shall consider any representations made to him by the clerk.

(4) The number of justices’ clerks and of other officers employed by the committee of magistrates in each grade below that of principal chief clerk, the grades in which such officers below that of deputy clerk are to be employed and the terms and conditions of employment of all officers employed by the committee shall be such as may from time to time be determined by the committee.

(5) The following provisions of this subsection shall have effect with respect to determinations under subsection (4) above and related matters, that is to say—

(a) no such determination shall have effect unless confirmed, with or without modifications, by the [F20 Lord Chancellor];

(b) the committee of magistrates shall not make or refuse to make any such determination with respect to terms and conditions of employment except after consultation with persons appearing to the committee to represent the interests of the officers affected;

(c) any refusal of the committee to make any such determination with respect to any terms and conditions of employment may be reviewed by the [F20 Lord Chancellor], and on the review the [F20 Lord Chancellor] may confirm the refusal or make such determination with respect to those terms and conditions as he thinks fit;

(d) in the case of any matter which falls to be determined under subsection (4) above and affects officers employed by the committee who immediately before the 1st April 1965—

(i) were clerks or other officers of metropolitan stipendiary courts, or

(ii) were justices’ clerks or officers employed by the magistrates’ courts committee for the county of London,

the functions of the [F20 Lord Chancellor] under paragraphs (a) to (c) above shall be exercised in such manner as he thinks necessary for protecting the interests of those officers.

(6) The [F20 Lord Chancellor] may by order made by statutory instrument amend subsection (1)(a) above by substituting for or adding to the offices therein mentioned such other offices as he thinks fit; and any such order may contain transitional and other consequential provisions (including provisions amending the preceding provisions of this section).

(7) Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F16 Words in s. 37(1)(a) inserted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 10 (5); S.I. 1991/1364, art. 2, Sch.

F17 Words in s. 37(1)(b) inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 165(1)–(3), Sch. 8 para. 16

F18 Words in s. 37(1) added by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 165(1)–(3), Sch. 8 para. 16

F19 Words in s. 37(3) inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 165(1)(4), Sch. 8 para. 16

F20 Words in s. 37 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

38 Other functions for which committee is or may be responsible. E+W

(1) It shall be the duty of the committee of magistrates to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and to give general directions as to the division of the work.

(2) The chief metropolitan stipendiary magistrate shall, subject to and in accordance with any directions given by the committee of magistrates, carry on the day to day administration of the magistrates’ courts in the inner London area (including [F21 family proceedings courts]and including juvenile courts for that area and the City of London).

(3) The principal chief clerk for the inner London area shall assist the chief metropolitan stipendiary magistrate to perform his duty under subsection (2) above of carrying on the day to day administration of the magistrates’ courts in that area.

(4) In addition to exercising the functions conferred on them by, or by virtue of, the preceding provisions of this Part of this Act, the committee of magistrates shall consider any matters referred to them by the Lord Chancellor F22 . . . and, if required to do so, shall make recommendations on any matter so referred.

Textual Amendments

F21 Words in s. 38(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 7(c) (with Sch 14 para 1(1)); S.I. 1991/828, art. 3(2)

F22 Words in s. 38(4) omitted (1.4.1992) by virtue of S.I. 1992/709, art. 2(5).