Magistrates’ Courts Act 1980
An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates’ courts and the functions of justices’ clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission.
Part I Criminal Jurisdiction and Procedure
Jurisdiction to issue process and deal with charges
1 Issue of summons to accused or warrant for his arrest.
F1(1)
On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(a)
a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or
(b)
a warrant to arrest that person and bring him before a magistrates' court.
(2)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
No warrant shall be issued under this section unless the information is in writing F3. . . .
(4)
No warrant shall be issued under this section for the arrest of any person who has attained F4 the age of 18 years unless—
(a)
the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or
(b)
the person’s address is not sufficiently established for a summons to be served on him.
F5(4A)
Where a person who is not a F6relevant prosecutor authorised to issue requisitions lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions.
F7(4B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4C)
Subsection (4A) applies to—
(a)
a qualifying offence which is alleged to have been committed outside the United Kingdom, or
(b)
an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom.
(4D)
In subsection (4C) “qualifying offence” means any of the following—
(a)
piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);
(b)
an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions);
(c)
an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons);
(d)
an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);
(e)
an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc);
(f)
an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material);
(g)
an offence under section 134 of the Criminal Justice Act 1988 (torture);
(h)
an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);
(i)
an offence under sections 9 to 14 of that Act (hijacking ships etc);
(j)
an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc).
(4E)
In subsection (4C) “ancillary offence”, in relation to an offence, means—
(a)
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);
(b)
attempting or conspiring to commit the offence.
(5)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.
(7)
A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.
(8)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82Trial of summary offences
(1)
A magistrates' court has jurisdiction to try any summary offence.
(2)
A magistrates' court has jurisdiction F9under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of any offence committed by a person who appears or is brought before the court.
(3)
Subject to—
(a)
sections 18 to F1022A , and
(b)
any other enactment (wherever contained) relating to the mode of trial of offences triable either way,
a magistrates' court has jurisdiction to try summarily any offence which is triable either way.
(4)
A magistrates' court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence.
(5)
This section does not affect any jurisdiction over offences conferred on a magistrates' court by any enactment not contained in this Act.
3 Offences committed on boundaries, etc.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123A Offences committed on ships and abroad.
Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of England and Wales as they apply in relation to offences under that Act or instruments under that Act.
3B Transfer of trials of summary offences.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14Committal proceedings
4 General nature of committal proceedings.
F15(1)
The functions of examining justices may be discharged by a single justice.
(2)
Examining justices shall sit in open court except where any enactment contains an express provision to the contrary and except where it appears to them as respects the whole
or any part of committal proceedings that the ends of justice would not be served by their sitting in open court.
F16(3)
Subject to subsection (4) below, evidence tendered before examining justices shall be tendered in the presence of the accused.
(4)
Examining justices may allow evidence to be F17tendered before them in the
absence of the accused if—
(a)
they consider that by reason of his disorderly conduct before them it is not practicable for the evidence to be F17 tendered
in his presence, or
5 Adjournment of inquiry.
F15(1)
A magistrates’ court may, before beginning to inquire into an offence as examining justices, or at any time during the inquiry, adjourn the hearing, and if it does so
shall remand the accused.
(2)
The court shall when adjourning fix the time and place at which the hearing is to be resumed; and the time fixed shall be that at which the accused is required to appear or
be brought before the court in pursuance of the remand F19or would be required to be brought before the court but for section
128(3A) below.
F205A Evidence which is admissible.
F15(1)
Evidence falling within subsection (2) below, and only that evidence, shall be admissible by a magistrates’ court inquiring into an offence as examining
justices.
(2)
Evidence falls within this subsection if it—
(a)
is tendered by or on behalf of the prosecutor, and
(b)
falls within subsection (3) below.
(3)
The following evidence falls within this subsection—
(a)
written statements complying with section 5B below;
(b)
the documents or other exhibits (if any) referred to in such statements;
(c)
depositions complying with section 5C below;
(d)
the documents or other exhibits (if any) referred to in such depositions;
(e)
statements complying with section 5D below;
(f)
documents falling within section 5E below.
(4)
In this section “document” means anything in which information of any description is recorded.
F215B Written statements.
F15(1)
For the purposes of section 5A above a written statement complies with this section if—
(a)
the conditions falling within subsection (2) below are met, and
(b)
such of the conditions falling within subsection (3) below as apply are met.
(2)
The conditions falling within this subsection are that—
(a)
the statement purports to be signed by the person who made it;
(b)
the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it
were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;
(c)
before the statement is tendered in evidence a copy of the statement is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings.
(3)
The conditions falling within this subsection are that—
(a)
if the statement is made by a person under 18 years old, it gives his age;
(b)
if it is made by a person who cannot read it, it is read to him before he signs it and is accompanied by a declaration by the person who so read the statement to the effect
that it was so read;
(c)
if it refers to any other document as an exhibit, the copy given to any other party to the proceedings under subsection (2)(c) above is accompanied by a copy of that
document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it.
(4)
So much of any statement as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the
court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.
(5)
Any document or other object referred to as an exhibit and identified in a statement admitted in evidence by virtue of this section shall be treated as if it had been
produced as an exhibit and identified in court by the maker of the statement.
(6)
In this section “document” means anything in which information of any description is recorded.
F225C Depositions.
F15(1)
For the purposes of section 5A above a deposition complies with this section if—
(a)
a copy of it is sent to the prosecutor under section 97A(9) below,
(b)
the condition falling within subsection (2) below is met, and
(c)
the condition falling within subsection (3) below is met, in a case where it applies.
(2)
The condition falling within this subsection is that before the magistrates’ court begins to inquire into the offence concerned as examining justices a copy of the
deposition is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings.
(3)
The condition falling within this subsection is that, if the deposition refers to any other document as an exhibit, the copy given to any other party to the proceedings
under subsection (2) above is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or
a copy of it.
(4)
So much of any deposition as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the
court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any deposition as is not read aloud.
(5)
Any document or other object referred to as an exhibit and identified in a deposition admitted in evidence by virtue of this section shall be treated as if it had been
produced as an exhibit and identified in court by the person whose evidence is taken as the deposition.
(6)
In this section “document” means anything in which information of any description is recorded.
F235D Statements.
F15(1)
For the purposes of section 5A above a statement complies with this section if the conditions falling within subsections (2) to (4) below are met.
(2)
The condition falling within this subsection is that, before the committal proceedings begin, the prosecutor notifies the magistrates’ court and each of the other
parties to the proceedings that he believes—
(a)
that the statement might by virtue of section 23 or 24 of the M1Criminal Justice Act 1988 (statements in certain documents) be
admissible as evidence if the case came to trial, and
(b)
that the statement would not be admissible as evidence otherwise than by virtue of section 23 or 24 of that Act if the case came to trial.
(3)
The condition falling within this subsection is that—
(a)
the prosecutor’s belief is based on information available to him at the time he makes the notification,
(b)
he has reasonable grounds for his belief, and
(c)
he gives the reasons for his belief when he makes the notification.
(4)
The condition falling within this subsection is that when the court or a party is notified as mentioned in subsection (2) above a copy of the statement is given, by or on
behalf of the prosecutor, to the court or the party concerned.
(5)
So much of any statement as is in writing and is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section
6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read
aloud.
F245E Other documents.
F15(1)
The following documents fall within this section—
(a)
any document which by virtue of any enactment is evidence in proceedings before a magistrates’ court inquiring into an offence as examining justices;
(b)
any document which by virtue of any enactment is admissible, or may be used, or is to be admitted or received, in or as evidence in such proceedings;
(c)
any document which by virtue of any enactment may be considered in such proceedings;
(d)
any document whose production constitutes proof in such proceedings by virtue of any enactment;
(e)
any document by the production of which evidence may be given in such proceedings by virtue of any enactment.
(2)
In subsection (1) above—
(a)
references to evidence include references to prima facie evidence;
(b)
references to any enactment include references to any provision of this Act.
(3)
So much of any document as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the
court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any document as is not read aloud.
(4)
In this section “document” means anything in which information of any description is recorded.
F255F Proof by production of copy.
F15(1)
Where a statement, deposition or document is admissible in evidence by virtue of section 5B, 5C, 5D or 5E above it may be proved by the production of—
(a)
the statement, deposition or document, or
(b)
a copy of it or the material part of it.
(2)
Subsection (1)(b) above applies whether or not the statement, deposition or document is still in existence.
(3)
It is immaterial for the purposes of this section how many removes there are between a copy and the original.
(4)
In this section “copy”, in relation to a statement, deposition or document, means anything onto which information recorded in
the statement, deposition or document has been copied, by whatever means and whether directly or indirectly.
6 Discharge or committal for trial.
F26F15(1)
A magistrates’ court inquiring into an offence as examining justices shall on consideration of the evidence—
(a)
commit the accused for trial if it is of opinion that there is sufficient evidence to put him on trial by jury for any indictable offence;
(b)
discharge him if it is not of that opinion and he is in custody for no other cause than the offence under inquiry;
but the preceding provisions of this subsection have effect subject to the provisions of this and any other Act relating to the summary trial of indictable offences.
(2)
If a magistrates’ court inquiring into an offence as examining justices is satisfied that all the evidence tendered by or on behalf of the prosecutor falls within
section 5A(3) above, it may commit the accused for trial for the offence without consideration of the contents of any statements, depositions or other documents, and without
consideration of any exhibits which are not documents, unless—
(a)
the accused or one of the accused has no legal representative acting for him in the case, or
(b)
a legal representative for the accused or one of the accused, as the case may be, has requested the court to consider a submission that there is insufficient evidence to put
that accused on trial by jury for the offence;
and subsection (1) above shall not apply to a committal for trial under this subsection.
(3)
Subject to section 4 of the M2Bail Act 1976 and section 41 below, the court may commit a person for trial—
(a)
in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law, or
(b)
on bail in accordance with the M3Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial;
and where his release on bail is conditional on his providing one or more surety or sureties and, in accordance with section 8(3) of the M4Bail
Act 1976, the court fixes the amount in which the surety is to be bound with a view to his entering into his recognizance subsequently in accordance with subsections (4) and (5)
or (6) of that section the court shall in the meantime commit the accused to custody in accordance with paragraph (a) of this subsection.
(4)
Where the court has committed a person to custody in accordance with paragraph (a) of subsection (3) above, then, if that person is in custody for no other cause, the court
may, at any time before his first appearance before the Crown Court, grant him bail in accordance with the M5Bail Act 1976 subject to a duty
to appear before the Crown Court for trial.
(5)
Where a magistrates’ court acting as examining justices commits any person for trial or determines to discharge him, the F27designated officer for the court shall, on the day on which the committal proceedings are concluded or the next day, cause to be
displayed in a part of the court house to which the public have access a notice—
(a)
in either case giving that person’s name, address, and age (if known);
(b)
in a case where the court so commits him, stating the charge or charges on which he is committed and the court to which he is committed;
(c)
in a case where the court determines to discharge him, describing the offence charged and stating that it has so determined;
but this subsection shall have effect subject to F28section 4 of the Sexual Offences (Amendment) Act 1976 (anonymity of
complainant in rape etc. cases).
(6)
A notice displayed in pursuance of subsection (5) above shall not contain the name or address of any person under F29the age of 18
years unless the justices in question have stated that in their opinion he would be mentioned in the notice apart from the preceding
provisions of this subsection and should be mentioned in it for the purpose of avoiding injustice to him.
7 Place of trial on indictment.
F15A magistrates’ court committing a person for trial shall specify the place at which he is to be tried, and in selecting that place shall have regard to—
(a)
the convenience of the defence, the prosecution and the witnesses,
(b)
the expediting of the trial, and
(c)
any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 4(5) of the M6Courts
Act 1971.
8 Restrictions on reports of commital proceedings.
F15(1)
Except as provided by subsections (2), (3) and (8) below, it shall not be lawful to publish in Great Britain a written report, or to F30include
in a relevant programme for receptionin Great Britain a report, of any committal proceedings in England and Wales containing any
matter other than that permitted by subsection (4) below.
(2)
F31Subject to subsection (2A) belowa magistrates’ court shall, on an
application for the purpose made with reference to any committal proceedings by the accused or one of the accused, as the case may be, order that subsection (1) above shall not
apply to reports of those proceedings.
F32(2A)
Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is
satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.
(2B)
An order under subsection (2) above shall not apply to reports of proceedings under subsection (2A) above, but any decision of the court to make or not to make such an order
may be contained in reports published F33or included in a relevant programmebefore the
time authorised by subsection (3) below.
(3)
It shall not be unlawful under this section to publish F34or include in a relevant programmea
report of committal proceedings containing any matter other than that permitted by subsection (4) below—
(a)
where the magistrates’ court determines not to commit the accused, or determines to commit none of the accused, for trial, after it so determines;
(b)
where the court commits the accused or any of the accused for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried;
and where at any time during the inquiry the court proceeds to try summarily the case of one or more of the accused under section 25(3) or (7) below, while committing the
other accused or one or more of the other accused for trial, it shall not be unlawful under this section to publish F34or include
in a relevant programmeas part of a report of the summary trial, after the court determines to proceed as aforesaid, a report of so
much of the committal proceedings containing any such matter as takes place before the determination.
(4)
The following matters may be contained in a report of committal proceedings published F35 or included in a relevant
programmewithout an order under subsection (2) above before the time authorised by subsection (3) above, that is to say—
(a)
the identity of the court and the names of the examining justices;
(b)
the names, addresses and occupations of the parties and witnesses and the ages of the accused and witnesses;
(c)
the offence or offences, or a summary of them, with which the accused is or are charged;
(d)
the names of F36 the legal representativesengaged in the proceedings;
(e)
any decision of the court to commit the accused or any of the accused for trial, and any decision of the court on the disposal of the case of any accused not
committed;
(f)
where the court commits the accused or any of the accused for trial, the charge or charges, or a summary of them, on which he is committed and the court to which he is
committed;
(g)
where the committal proceedings are adjourned, the date and place to which they are adjourned;
(h)
any arrangements as to bail on committal or adjournment;
F37(i)
whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(5)
If a report is published F38 or included in a relevant programme in
contravention of this section, the following persons, that is to say—
(a)
in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b)
in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
F39(c)
in the case of the inclusion of a report in a relevant programme, any body corporate which provides the service in which the programme is included and any person having
functions in relation to the programme corresponding to those of an editor of a newspaper.
shall be liable on summary conviction to a fine not exceeding F40level 5 on the standard scale.
(6)
Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney-General.
(7)
Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports and proceedings of
magistrates’ and other courts.
(8)
For the purposes of this section committal proceedings shall, in relation to an information charging an indictable offence, be deemed to include any proceedings in the
magistrates’ court before the court proceeds to inquire into the information as examining justices; but where a magistrates’ court which has begun to try an
information summarily discontinues the summary trial in pursuance of section 25(2) or (6) below and proceeds to inquire into the information as examining justices, that
circumstance shall not make it unlawful under this section for a report of any proceedings on the information which was published F41or
included in a relevant programme before the court determined to proceed as aforesaid to have been so published F41or
included in a relevant programme.
(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
(10)
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F44“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public.F45“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).
F46Pre-trial hearings
8APower to make rulings at pre-trial hearing
(1)
For the purposes of this section a hearing is a pre-trial hearing if—
(a)
it relates to an information—
(i)
which is to be tried summarily, and
(ii)
to which the accused has pleaded not guilty, and
(b)
it takes place before the start of the trial.
(2)
For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins—
(a)
to hear evidence from the prosecution at the trial, or
(b)
to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).
(3)
At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if—
(a)
the condition in subsection (5) is met,
(b)
the court has given the parties an opportunity to be heard, and
(c)
it appears to the court that it is in the interests of justice to make the ruling.
(4)
The matters are—
(a)
any question as to the admissibility of evidence;
(b)
any other question of law relating to the case.
(5)
The condition is that, if the accused is not legally represented F47. . . —
(a)
(b)
if he does, F50the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it.
(6)
A ruling may be made under this section—
(a)
on an application by a party to the case, or
(b)
of the court’s own motion.
(7)
For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.
8BEffect of rulings at pre-trial hearing
(1)
Subject to subsections (3) and (6), a ruling under section 8A has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them, is disposed of.
(2)
The case against an accused is disposed of if—
(a)
he is acquitted or convicted,
(b)
the prosecutor decides not to proceed with the case against him, or
(c)
the information is dismissed.
(3)
A magistrates' court may discharge or vary (or further vary) a ruling under section 8A if—
(a)
the condition in section 8A(5) is met,
(b)
the court has given the parties an opportunity to be heard, and
(c)
it appears to the court that it is in the interests of justice to do so.
(4)
The court may act under subsection (3)—
(a)
on an application by a party to the case, or
(b)
of its own motion.
(5)
No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.
(6)
A ruling under section 8A is discharged in relation to an accused if—
(a)
the magistrates' court F51... sends him to the Crown Court for trial for the offence charged in the information, or
(b)
a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988.
8CRestrictions on reporting
(1)
Except as provided by this section no report of matters falling within subsection (2) may be published in England and Wales.
(2)
The following matters fall within this subsection—
(a)
a ruling under section 8A;
(b)
proceedings on an application for a ruling under section 8A;
(c)
an order under section 8B that a ruling under section 8A be discharged, varied or further varied;
(d)
proceedings on an application under section 8B for a ruling under section 8A to be discharged, varied or further varied.
(3)
A magistrates' court dealing with any matter falling within subsection (2) may order that subsection (1) does not apply, or does not apply to a specified extent, to a report of the matter.
(4)
Where there is only one accused and he objects to the making of an order under subsection (3)—
(a)
the court may make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so, and
(b)
if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.
(5)
Where there are two or more accused and one or more of them objects to the making of an order under subsection (3)—
(a)
the court may make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so, and
(b)
if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.
(6)
Subsection (1) does not apply to the publication of a report of matters after the case against the accused or, if more than one, against each of them, is disposed of.
(7)
Subsection (1) does not apply to a report which contains only one or more of the following matters—
(a)
the identity of the court and the names of the justices;
(b)
the names, ages, home addresses and occupations of the accused and witnesses;
(c)
the offence or offences, or a summary of them, with which the accused or any of the accused are charged;
(d)
the names of counsel and solicitors in the proceedings;
(e)
where the proceedings are adjourned, the date and place to which they are adjourned;
(f)
any arrangements as to bail;
F52(g)
whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(8)
The addresses that may be included in a report by virtue of subsection (7) are addresses—
(a)
at any relevant time, and
(b)
at the time of their inclusion in the publication.
(9)
In subsection (8), “relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred.
(10)
Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on the publication of a report of any matter.
(11)
In this section and in section 8D—
(a)
references to publication of a report of matters falling within subsection (2)—
(i)
include references to inclusion of those matters in any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but
(ii)
do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings;
(b)
“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.
8DOffences in connection with reporting
(1)
If a report is published in contravention of section 8C each of the following persons is guilty of an offence—
(a)
in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b)
in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper;
(c)
in the case of any other publication, any person publishing it.
(2)
If an offence under this section committed by a body corporate is proved—
(a)
to have been committed with the consent or connivance of, or
(b)
to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(3)
In subsection (2), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(4)
If the affairs of a body corporate are managed by its members, “director”in subsection (3) means a member of that body.
(5)
A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
(6)
Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Attorney General.
Summary trial of information
9 Procedure on trial.
(1)
On the summary trial of an information, the court shall, if the accused appears, state to him the substance of the information and ask him whether he pleads guilty or not guilty.
(2)
The court, after hearing the evidence and the parties, shall convict the accused or dismiss the information.
(3)
If the accused pleads guilty, the court may convict him without hearing evidence.
10 Adjournment of trial.
(1)
A magistrates’ court may at any time, whether before or after beginning to try an information, adjourn the trial, and may do so, notwithstanding anything in this Act, when composed of a single justice.
(2)
The court may when adjourning either fix the time and place at which the trial is to be resumed, or, unless it remands the accused, leave the time and place to be determined later by the court; but the trial shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.
(3)
A magistrates’ court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case, exercise its power to adjourn after convicting the accused and before sentencing him or otherwise dealing with him; but, if it does so, the adjournment shall not be for more than 4 weeks at a time unless the court remands the accused in custody and, where it so remands him, the adjournment shall not be for more than 3 weeks at a time.
F53(3A)
A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—
(a)
that the court commits the accused for trial for another offence; or
(b)
that the accused is charged with another offence.
(4)
On adjourning the trial of an information the court may remand the accused and, where the accused has attained F54the age of 18 years, shall do so if the offence is triable either way and—
(a)
on the occasion on which the accused first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or
(b)
the accused has been remanded at any time in the course of proceedings on the information;
and, where the court remands the accused, the time fixed for the resumption of the trial shall be that at which he is required to appear or be brought before the court in pursuance of the remand F55or would be required to be brought before the court but for section 128(3A) below.
11 Non-appearance of accused: general provisions.
(1)
Subject to the provisions of this Act, where at the time and place appointed for the trial or adjourned trial of an information the prosecutor appears but the accused does not,
F56(a)
if the accused is under 18 years of age, the court may proceed in his absence; and
(b)
if the accused has attained the age of 18 years, the court shall proceed in his absence unless it appears to the court to be contrary to the interests of justice to do so.
This is subject to subsections (2), (2A), (3) F57, (4) and (8) . .
(2)
Where a summons has been issued, the court shall not begin to try the information in the absence of the accused unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial or the accused has appeared on a previous occasion to answer to the information.
F58(2A)
The court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear.
(3)
F59In proceedings to which this subsection applies, the court. shall not in a person’s absence sentence him to imprisonment or detention in a detention centre or make F60a F61detention and training order or an order under F62paragraph 8(2)(a) or (b) of Schedule 12 to the Criminal Justice Act 2003 that a suspended sentence passed on him shall take effect.
F63(3A)
But where a sentence or order of a kind mentioned in subsection (3) is imposed or given in the absence of the offender, the offender must be brought before the court before being taken to a prison or other institution to begin serving his sentence (and the sentence or order is not to be regarded as taking effect until he is brought before the court).
(4)
F59In proceedings to which this subsection applies, the court. shall not in a person’s absence impose any disqualification on him, except on resumption of the hearing after an adjournment under section 10(3) above; and where a trial is adjourned in pursuance of this subsection the notice required by section 10(2) above shall include notice of the reason for the adjournment.
F64(5)
Subsections (3) and (4) apply to—
(a)
proceedings instituted by an information, where a summons has been issued; and
(b)
proceedings instituted by a written charge.
F65(5A)
Subsection (4) does not apply in relation to proceedings adjourned under section 16C(3)(a) because of section 16C(2) (adjournment of a section 16A trial because the accused indicates a wish to make representations).
(6)
Nothing in this section requires the court to enquire into the reasons for the accused's failure to appear before deciding whether to proceed in his absence.
(7)
The court shall state in open court its reasons for not proceeding under this section in the absence of an accused who has attained the age of 18 years; and the court shall cause those reasons to be entered in its register of proceedings.
F66(8)
This section and sections 12 to 16 do not apply if and for so long as a written charge is to be tried by a magistrates' court in accordance with section 16A.
F6712 Non-appearance of accused: plea of guilty.
(1)
This section shall apply where—
(a)
a summons has been issued requiring a person to appear before a magistrates’ court, other than a youth court, to answer to an information for a summary offence, not being—
F68(i)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)
an offence specified in an order made by the Secretary of State by statutory instrument; and
(b)
the F69designated officer for the court is notified by or on behalf of the prosecutor that the documents mentioned in subsection (3) below have been served upon the accused with the summons.
(2)
The reference in subsection (1)(a) above to the issue of a summons requiring a person to appear before a magistrates’ court other than a youth court includes a reference to the issue of a summons requiring a person who has attained the age of 16 at the time when it is issued to appear before a youth court.
(3)
The documents referred to in subsection (1)(b) above are—
(a)
a notice containing such statement of the effect of this section as may be prescribed;
F70(b)
either of the following, namely—
(i)
a concise statement of such facts relating to the charge as will be placed before the court by the prosecutor if the accused pleads guilty without appearing before the court, or
(ii)
a copy of such written statement or statements complying with F71subsection (2)(a) and (b) of section 9 of the Criminal Justice Act 1967 (proof by written statement) as will be so placed in those circumstances; and
(c)
if any information relating to the accused will or may, in those circumstances, be placed before the court by or on behalf of the prosecutor, a notice containing or describing that information.
(4)
Where the F69designated officer for the court receives a notification in writing purporting to be given by the accused or by a legal representative acting on his behalf that the accused desires to plead guilty without appearing before the court—
(a)
the F69designated officer for the court shall inform the prosecutor of the receipt of the notification; and
(b)
the following provisions of this section shall apply.
(5)
If at the time and place appointed for the trial or adjourned trial of the information—
(a)
the accused does not appear; and
(b)
it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed, that the documents mentioned in subsection (3) above have been served upon the accused with the summons,
the court may, subject to section 11(3) and (4) above and subsections (6) to (8) below, proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty.
(6)
If at any time before the hearing the F69designated officer for the court receives an indication in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification—
(a)
the F69designated officer for the court shall inform the prosecutor of the withdrawal; and
(b)
the court shall deal with the information as if the notification had not been given.
(7)
Before accepting the plea of guilty and convicting the accused under subsection (5) above, the court shall F72, subject to rules of court made under subsection (7ZA), cause the following to be read out before the court F73..., namely—
F74(a)
in a case where a statement of facts as mentioned in subsection (3)(b)(i) above was served on the accused with the summons, that statement;
(aa)
in a case where a statement or statements as mentioned in subsection (3)(b)(ii) above was served on the accused with the summons and the court does not otherwise direct, that statement or those statements;
(b)
any information contained in a notice so served, and any information described in such a notice and produced by or on behalf of the prosecutor;
(c)
the notification under subsection (4) above; and
(d)
any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence.
F75(7ZA)
Rules of court may—
(a)
specify which of paragraphs (a) to (d) of subsection (7) (if any) are to apply;
(b)
provide that any such paragraph is to apply only in circumstances specified in the rules.
F76(c)
specify the persons, or description of persons, who must—
(i)
read out the things mentioned in such of those paragraphs as apply, and
(ii)
give the account mentioned in subsection (7A).
(7ZB)
Where rules of court are made under subsection (7ZA), subsection (7) applies only to the extent provided for by the rules.
F77(7A)
Where the court gives a direction under subsection (7)(aa) above the court shall cause an account to be given orally before the court F78... of so much of any statement as is not read aloud.
(7B)
Whether or not a direction under paragraph (aa) of subsection (7) above is given in relation to any statement served as mentioned in that paragraph the court need not cause to be read out the declaration required by section 9(2)(b) of the Criminal Justice Act 1967.
(8)
If the court proceeds under subsection (5) above to hear and dispose of the case in the absence of the accused, the court shall not permit—
(a)
any other statement with respect to any facts relating to the offence charged; or
(b)
any other information relating to the accused,
to be made or placed before the court by or on behalf of the prosecutor except on a resumption of the trial after an adjournment under section 10(3) above.
(9)
If the court decides not to proceed under subsection (5) above to hear and dispose of the case in the absence of the accused, it shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification under subsection (4) above had not been given.
(10)
In relation to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) above or to an adjournment required by subsection (9) above, the notice required by section 10(2) above shall include notice of the reason for the adjournment.
(11)
No notice shall be required by section 10(2) above in relation to an adjournment—
(a)
which is for not more than 4 weeks; and
(b)
the purpose of which is to enable the court to proceed under subsection (5) above at a later time.
(12)
No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(13)
Any such document as is mentioned in subsection (3) above may be served in Scotland with a summons which is so served under the Summary Jurisdiction (Process) Act 1881.
F7912A Application of section 12 where accused appears.
(1)
Where the F80designated officer for the court has received such a notification as is mentioned in subsection (4) of section 12 above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial, the court may, if he consents, proceed under subsection (5) of that section as if he were absent.
(2)
Where the F81designated officer for the court has not received such a notification and the accused appears before the court at that time and place and informs the court that he desires to plead guilty, the court may, if he consents, proceed under section 12(5) above as if he were absent and the F82designated officer had received such a notification.
(3)
For the purposes of subsections (1) and (2) above, subsections (6) to (11) of section 12 above shall apply with the modifications mentioned in subsection (4) or, as the case may be, subsection (5) below.
(4)
The modifications for the purposes of subsection (1) above are that—
(a)
before accepting the plea of guilty and convicting the accused under subsection (5) of section 12 above, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence; and
(b)
where he makes such a submission, subsection (7)(d) of that section shall not apply.
(5)
The modifications for the purposes of subsection (2) above are that—
(a)
subsection (6) of section 12 above shall apply as if any reference to the notification under subsection (4) of that section were a reference to the consent under subsection (2) above;
(b)
subsection (7)(c) and (d) of that section shall not apply; and
(c)
before accepting the plea of guilty and convicting the accused under subsection (5) of that section, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence.
13 Non-appearance of accused: issue of warrant.
(1)
Subject to the provisions of this section, where the court, instead of proceeding in the absence of the accused, adjourns or further adjourns the trial, the court may, F83. . ., issue a warrant for his arrest.
(2)
Where a summons has been issued, the court shall not issue a warrant under this section F84unless the condition in subsection (2A) below or that in subsection (2B) below is fulfilled.
F85C77(2A)
The condition in this subsection is that it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial.
(2B)
The condition in this subsection is that—
(a)
the adjournment now being made is a second or subsequent adjournment of the trial,
(b)
the accused was present on the last (or only) occasion when the trial was adjourned, and
(c)
on that occasion the court determined the time for the hearing at which the adjournment is now being made.
F86C77(3)
A warrant for the arrest of any person who has attained the age of 18 shall not be issued under this section unless—
(a)
F87. . . the offence to which the warrant relates is punishable with imprisonment, or
(b)
the court, having convicted the accused, proposes to impose a disqualification on him.
(3A)
A warrant for the arrest of any person who has not attained the age of 18 shall not be issued under this section unless—
F88(a)
the offence to which the warrant relates is punishable, in the case of a person who has attained the age of 18, with imprisonment, or
(b)
the court, having convicted the accused, proposes to impose a disqualification on him.
F89(4)
This section shall not apply to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) of section 12 above or to an adjournment required by subsection (9) of that section.
(5)
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Proceedings invalid where accused did not know of them.
(1)
Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—
(a)
the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and
(b)
within 21 days of that date the declaration is served on the F91designated officer for the court,
without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.
(2)
For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the F92designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.
(3)
If on the application of the accused it appears to a magistrates’ court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in subsection (1) above within the period allowed by that subsection, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.
(4)
Where any proceedings have become void by virtue of subsection (1) above, the information shall not be tried again by any of the same justices.
15 Non-appearance of prosecutor.
(1)
Where at the time and place appointed for the trial or adjourned trial of an information the accused appears or is brought before the court and the prosecutor does not appear, the court may dismiss the information or, if evidence has been received on a previous occasion, proceed in the absence of the prosecutor.
(2)
Where, instead of dismissing the information or proceeding in the absence of the prosecutor, the court adjourns the trial, it shall not remand the accused in custody unless he has been brought from custody or cannot be remanded on bail by reason of his failure to find sureties.
16 Non-appearance of both parties.
Subect to section 11(3) and (4) and to section 12 above, where at the time and place appointed for the trial or adjourned trial of an information neither the prosecutor nor the accused appears, the court may dismiss the information or, if evidence has been received on a previous occasion, proceed in their absence.
F93Trial by single justice on the papers
16ATrial by single justice on the papers
(1)
A magistrates' court may try a written charge in accordance with subsections (3) to (10) if—
(a)
the offence charged is a summary offence not punishable with imprisonment,
(b)
the accused had attained the age of 18 years when charged,
(c)
the court is satisfied that—
(i)
the documents specified in subsection (2) have been served on the accused, and
(ii)
service of all of the documents was effected at the same time, and
(d)
the accused has not served on the designated officer specified in the single justice procedure notice, within the period prescribed by Criminal Procedure Rules, a written notification stating either—
(i)
a desire to plead not guilty, or
(ii)
a desire not to be tried in accordance with this section.
(2)
The documents mentioned in subsection (1)(c) are—
(a)
a written charge and a single justice procedure notice (see section 29 of the Criminal Justice Act 2003), and
(b)
such other documents as may be prescribed by Criminal Procedure Rules (see section 29(3B) of the Criminal Justice Act 2003).
(3)
The court may not hear any oral evidence and may consider only the contents of the following—
(a)
the documents specified in subsection (2),
(b)
any document containing information to which subsection (4) applies, and
(c)
any written submission that the accused makes with a view to mitigation of sentence.
(4)
This subsection applies to information if—
(a)
a notice describing the information was served on the accused at the same time as the documents specified in subsection (2), and
(b)
a copy of the notice has been served on the designated officer specified in the single justice procedure notice.
(5)
The court may disregard a written submission that is not served on the designated officer specified in the single justice procedure notice within the period prescribed by Criminal Procedure Rules.
(6)
The court is not required to conduct any part of the proceedings in open court.
(7)
The court may try the charge in the absence of the parties and, if a party appears, must proceed as if the party were absent.
(8)
If the accused served on the designated officer specified in the notice a written notification stating a desire to plead guilty and to be tried in accordance with this section, the court may try the charge as if the accused had pleaded guilty.
(9)
The court may not remand the accused.
(10)
If the resumed trial is to be conducted in accordance with subsections (3) to (9), no notice is required of the resumption of the trial after an adjournment.
(11)
A magistrates' court acting under this section may be composed of a single justice.
(12)
Any magistrates' court may try a written charge in accordance with subsections (3) to (10), whether or not its designated officer is specified in the single justice procedure notice.
(13)
Subsection (1) is subject to sections 16B and 16C.
16BCases not tried in accordance with section 16A
(1)
If a magistrates' court decides, before the accused is convicted of the offence, that it is not appropriate to convict the accused in proceedings conducted in accordance with section 16A, the court may not try or continue to try the charge in that way.
(2)
A magistrates' court may not try a written charge in accordance with section 16A if, at any time before the trial, the accused or the accused's legal representative on the accused's behalf gives notice to the designated officer specified in the single justice procedure notice that the accused does not desire to be tried in accordance with section 16A.
(3)
If a magistrates' court may not try or continue to try a written charge in accordance with section 16A because the conditions in section 16A(1) are not satisfied or because of subsection (1) or (2), the magistrates' court dealing with the matter must—
(a)
adjourn the trial, if it has begun, and
(b)
issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the trial of the written charge.
(4)
A magistrates' court issuing a summons under subsection (3)(b) may be composed of a single justice.
16CCases that cease to be tried in accordance with section 16A
(1)
If a magistrates' court decides, after the accused is convicted of the offence, that it is not appropriate to try the written charge in accordance with section 16A, the court may not continue to try the charge in that way.
(2)
If a magistrates' court trying a written charge in accordance with section 16A proposes, after the accused is convicted of the offence, to order the accused to be disqualified under section 34 or 35 of the Road Traffic Offenders Act 1988—
(a)
the court must give the accused the opportunity to make representations or further representations about the proposed disqualification, and
(b)
if the accused indicates a wish to make such representations, the court may not continue to try the case in accordance with section 16A.
(3)
If a magistrates' court may not continue to try a written charge in accordance with section 16A because of subsection (1) or (2), the magistrates' court must—
(a)
adjourn the trial, and
(b)
issue a summons directed to the accused requiring the accused to appear before a magistrates' court to be dealt with in respect of the offence.
16DSections 16B and 16C: further provision
(1)
If a summons is issued under section 16B(3)(b) or 16C(3)(b), a reference in sections 11 to 13 to a summons issued under section 1 is to be read, for the purposes of subsequent proceedings as regards the matter, as if it included a reference to a summons issued under section 16B(3)(b) or 16C(3)(b) (as the case may be).
(2)
If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a justice of the peace may issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the purpose specified in the earlier summons; and subsection (1) applies in relation to a summons under this section as it applies in relation to a summons under section 16B(3)(b) or 16C(3)(b).
(3)
Where a summons has been issued under section 16B(3)(b) or 16C(3)(b), a magistrates' court that afterwards tries the written charge or deals with the accused for the offence must be—
(a)
composed as described in section 121(1), or
(b)
composed of a District Judge (Magistrates' Courts) sitting alone by virtue of section 26 of the Courts Act 2003.
(4)
Where—
(a)
the accused is convicted of an offence before a matter is adjourned under section 16C(3)(a), and
(b)
the matter is tried after the adjournment by another magistrates' court,
that other magistrates' court is to be treated as if it were the court that convicted the accused for the purposes of section 142(2).
16EAccused not aware of single justice procedure notice
(1)
This section applies if—
(a)
a single justice procedure notice has been issued, and
(b)
the written charge is being tried, or has been tried, in accordance with section 16A.
(2)
This section does not apply if the trial of the written charge has been adjourned under section 16B(3)(a) or 16C(3)(a).
(3)
The proceedings subsequent to the single justice procedure notice are void if—
(a)
the accused makes a statutory declaration that the accused did not know of the single justice procedure notice or the proceedings until a date that the accused specifies in the statutory declaration,
(b)
that date is a date after a magistrates' court began to try the written charge,
(c)
the declaration is served on the designated officer specified in the single justice procedure notice within 21 days of that date in such manner as Criminal Procedure Rules may prescribe, and
(d)
at the same time as serving the declaration, the accused responds to the single justice procedure notice by serving a written notification on that designated officer.
(4)
Subsection (3) does not affect the validity of a written charge or a single justice procedure notice.
(5)
A magistrates' court may accept service of a statutory declaration required by subsection (3) after the period described in subsection (3)(c) if, on application by the accused, it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period.
(6)
A magistrates' court that accepts a statutory declaration under subsection (5) is to be treated as accepting service of a written notification that is served at the same time.
(7)
A statutory declaration accepted under subsection (5) and a written notification treated as accepted under subsection (6) are to be treated as having been served as required by subsection (3).
(8)
If proceedings have become void under subsection (3), the reference in section 16A to the period within which a written notification must be served is to be read as referring to a period that ends on—
(a)
the date on which a written notification is served under subsection (3)(d), or
(b)
if a magistrates' court is treated as accepting service of a written notification by virtue of subsection (6), the date on which the written notification is so treated as accepted.
(9)
If proceedings have become void under subsection (3), the written charge may not be tried again by any of the same justices.
(10)
A magistrates' court carrying out functions under subsection (5) may be composed of a single justice.
16FAdmissibility of statements
(1)
A statement contained in a document is admissible in proceedings conducted in accordance with section 16A as evidence of a matter stated if, in the particular case—
(a)
the document is one in relation to which section 16A(1)(c) is satisfied, or
(b)
section 16A(4) applies to the information in that document (as the case may be).
(2)
Subsection (1) does not prevent a court taking into consideration the nature of the evidence placed before it when deciding whether it is appropriate to try the written charge in accordance with section 16A.
(3)
In this section “statement” means any representation of fact or opinion.
Offences triable on indictment or summarily
17 Certain offences triable either way.
(1)
The offences listed in Schedule 1 to this Act shall be triable either way.
(2)
Subsection (1) above is without prejudice to any other enactment by virtue of which any offence is triable either way.
F9417A Initial procedure: accused to indicate intention as to plea.
(1)
This section shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way.
(2)
Everything that the court is required to do under the following provisions of this section must be done with the accused present in court.
(3)
The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.
(4)
The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty—
(a)
the court must proceed as mentioned in subsection (6) below; and
F95(b)
he may (unless section 17D(2) below were to apply) be committed for sentence to the Crown Court under section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.
(5)
The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.
(6)
If the accused indicates that he would plead guilty the court shall proceed as if—
(a)
the proceedings constituted from the beginning the summary trial of the information; and
(b)
section 9(1) above was complied with and he pleaded guilty under it.
(7)
If the accused indicates that he would plead not guilty section 18(1) below shall apply.
(8)
If the accused in fact fails to indicate how he would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that he would plead not guilty.
(9)
Subject to subsection (6) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)
asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty;
(b)
an indication by the accused under this section of how he would plead.
F96(10)
If in respect of the offence the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and the provisions of section 17B below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51 or, as the case may be, section 51A of that Act.
F9717B Intention as to plea: absence of accused.
(1)
This section shall have effect where—
(a)
a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way,
(b)
the accused is represented by a legal representative,
(c)
the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 17A above to be conducted in his presence, and
(d)
the court considers that it should proceed in the absence of the accused.
(2)
In such a case—
(a)
the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative;
(b)
the court shall ask the representative whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty;
(c)
if the representative indicates that the accused would plead guilty the court shall proceed as if the proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it;
(d)
if the representative indicates that the accused would plead not guilty section 18(1) below shall apply.
(3)
If the representative in fact fails to indicate how the accused would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that the accused would plead not guilty.
(4)
Subject to subsection (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)
asking the representative under this section whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty;
(b)
an indication by the representative under this section of how the accused would plead.
F9817C Intention as to plea: adjournment.
A magistrates’ court proceeding under section 17A or 17B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if—
(a)
on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or
(b)
he has been remanded at any time in the course of proceedings on the information;
and where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.
F9917DMaximum penalty under section 17A(6) or 17B(2)(c) for certain offences
(1)
If—
(a)
the offence is a scheduled offence (as defined in section 22(1) below);
(b)
the court proceeds in relation to the offence in accordance with section 17A(6) or 17B(2)(c) above; and
(c)
the court convicts the accused of the offence,
the court shall consider whether, having regard to any representations made by him or by the prosecutor, the value involved (as defined in section 22(10) below) appears to the court to exceed the relevant sum (as specified for the purposes of section 22 below).
(2)
If it appears to the court clear that the value involved does not exceed the relevant sum, or it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum—
(a)
subject to subsection (4) below, the court shall not have power to impose on the accused in respect of the offence a sentence in excess of the limits mentioned in section 33(1)(a) below; and
(b)
sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 shall not apply as regards that offence.
(3)
Subsections (9) to (12) of section 22 below shall apply for the purposes of this section as they apply for the purposes of that section (reading the reference to subsection (1) in section 22(9) as a reference to subsection (1) of this section).
(4)
Subsection (2)(a) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).
17EFunctions under sections 17A to 17D capable of exercise by single justice
(1)
The functions of a magistrates' court under sections 17A to 17D above may be discharged by a single justice.
(2)
Subsection (1) above shall not be taken as authorising—
(a)
the summary trial of an information (otherwise than in accordance with section 17A(6) or 17B(2)(c) above); or
(b)
the imposition of a sentence,
by a magistrates' court composed of fewer than two justices.
18 Initial procedure on information against adult for offence triable either way.
(1)
Sections 19 to 23 below shall have effect where a person who has attained F100the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way F101and—
(a)
he indicates under section 17A above that (if the offence were to proceed to trial) he would plead not guilty, or
(b)
his representative indicates under section 17B above that (if the offence were to proceed to trial) he would plead not guilty
(2)
Without prejudice to section 11(1) above, everything that the court is required to do under sections 19 to 22 below must be done before any evidence is called and, subject to subsection (3) below and section 23 below, with the accused present in court.
(3)
The court may proceed in the absence of the accused in accordance with such of the provisions of sections 19 to 22 below as are applicable in the circumstances if the court considers that by reason of his disorderly conduct before the court it is not practicable for the proceedings to be conducted in his presence; and the subsections (3) to (5) of section 23 below, so far as applicable, shall have effect in relation to proceedings conducted in the absence of the accused by virtue of this subsection (references in those subsections to the person representing the accused being for this purpose read as references to the person, if any, representing him).
(4)
A magistrates’ court proceeding under sections 19 to 23 below may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if—
(a)
on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or
(b)
he has been remanded at any time in the course of proceedings on the information;
and where the court remands the accused, the time fixed for the resumption of the proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand F102or would be required to be brought before the court but for section 128(3A) below.
F103(5)
The functions of a magistrates' court under sections 19 to 23 below may be discharged by a single justice, but this subsection shall not be taken as authorising—
(a)
the summary trial of an information (otherwise than in accordance with section 20(7) below); or
(b)
the imposition of a sentence,
by a magistrates' court composed of fewer than two justices.
F10419Decision as to allocation
(1)
The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment.
(2)
Before making a decision under this section, the court—
(a)
shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and
(b)
shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable.
(3)
In making a decision under this section, the court shall consider—
(a)
whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and
(b)
any representations made by the prosecution or the accused under subsection (2)(b) above,
and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003.
(4)
Where—
(a)
the accused is charged with two or more offences; and
(b)
it appears to the court that the charges for the offences could be joined in the same indictment or that the offences arise out of the same or connected circumstances,
subsection (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together.
(5)
In this section any reference to a previous conviction is a reference to—
(a)
a previous conviction by a court in the United Kingdom; F105...
F106(aa)
a previous conviction by a court in another member State of a relevant offence under the law of that State; or
(b)
a previous finding of guilt in—
(i)
any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or
(ii)
any proceedings before a Standing Civilian Court.
F107(5A)
For the purposes of subsection (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.
(6)
If, in respect of the offence, the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and sections 20, 20A and 21 below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51(1) of that Act.
F10820Procedure where summary trial appears more suitable
(1)
If the court decides under section 19 above that the offence appears to it more suitable for summary trial, the following provisions of this section shall apply (unless they are excluded by section 23 below).
(2)
The court shall explain to the accused in ordinary language—
(a)
that it appears to the court more suitable for him to be tried summarily for the offence;
(b)
that he can either consent to be so tried or, if he wishes, be tried on indictment; and
(c)
that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.
(3)
The accused may then request an indication (“an indication of sentence”) of whether a custodial sentence or non-custodial sentence would be more likely to be imposed if he were to be tried summarily for the offence and to plead guilty.
(4)
If the accused requests an indication of sentence, the court may, but need not, give such an indication.
(5)
If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes, on the basis of the indication, to reconsider the indication of plea which was given, or is taken to have been given, under section 17A or 17B above.
(6)
If the accused indicates that he wishes to reconsider the indication under section 17A or 17B above, the court shall ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.
(7)
If the accused indicates that he would plead guilty the court shall proceed as if—
(a)
the proceedings constituted from that time the summary trial of the information; and
(b)
section 9(1) above were complied with and he pleaded guilty under it.
(8)
Subsection (9) below applies where—
(a)
the court does not give an indication of sentence (whether because the accused does not request one or because the court does not agree to give one);
(b)
the accused either—
(i)
does not indicate, in accordance with subsection (5) above, that he wishes; or
(ii)
indicates, in accordance with subsection (5) above, that he does not wish,
to reconsider the indication of plea under section 17A or 17B above; or
(c)
the accused does not indicate, in accordance with subsection (6) above, that he would plead guilty.
(9)
The court shall ask the accused whether he consents to be tried summarily or wishes to be tried on indictment and—
(a)
if he consents to be tried summarily, shall proceed to the summary trial of the information; and
(b)
if he does not so consent, shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
20AProcedure where summary trial appears more suitable: supplementary
(1)
Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.
(2)
Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000.
(3)
Except as provided in subsection (1) above—
(a)
an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and
(b)
no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence.
(4)
Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)
asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or
(b)
an indication by the accused under that section of how he would plead.
(5)
Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register.
(6)
In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000, and references to a non-custodial sentence shall be construed accordingly.
F10921Procedure where trial on indictment appears more suitable
If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried on indictment, and shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
22 Certain offences triable either way to be tried summarily if value involved is small.
(1)
If the offence charged by the information is one of those mentioned in the first column of Schedule 2 to this Act (in this section referred to as “scheduled offences”) then, F110. . . the court shall, before proceeding in accordance with section l9 above, consider whether, having regard to any representations made by the prosecutor or the accused, the value involved (as defined in subsection (10) below) appears to the court to exceed the relevant sum.
For the purposes of this section the relevant sum is F111£5,000.
(2)
If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed as if the offence were triable only summarily, and sections l9 to 21 above shall not apply.
(3)
If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved exceeds that relevant sum, the court shall thereupon proceed in accordance with section 19 above in the ordinary way without further regard to the provisions of this section.
(4)
If, where subsection (1) above applies, it appears to the court for any reason not clear whether, for the offence charged, the value involved does or does not exceed the relevant sum, the provisions of subsections (5) and (6) below shall apply.
(5)
The court shall cause the charge to be written down, if this has not already been done, and read to the accused, and shall explain to him in ordinary language—
(a)
that he can, if he wishes, consent to be tried summarily for the offence and that if he consents to be so tried, he will definitely be tried in that way; and
(b)
that if he is tried summarily and is convicted by the court, his liability to imprisonment or a fine will be limited as provided in section 33 below.
(6)
After explaining to the accused as provided by subsection (5) above the court shall ask him whether he consents to be tried summarily and—
(a)
if he so consents, shall proceed in accordance with subsection (2) above as if that subsection applied;
(b)
if he does not so consent, shall proceed in accordance with subsection (3) above as if that subsection applied.
(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112
(8)
Where a person is convicted by a magistrates’ court of a scheduled offence, it shall not be open to him to appeal to the Crown Court against the conviction on the ground that the convicting court’s decision as to the value involved was mistaken.
(9)
If, where subsection (1) above applies, the offence charged is one with which the accused is charged jointly with a person who has not attained F113the age of 18 years, the reference in that subsection to any representations made by the accused shall be read as including any representations made by the person F114under 18.
(10)
In this section “the value involved”, in relation to any scheduled offence, means the value indicated in the second column of Schedule 2 to this Act, measured as indicated in the third column of that Schedule; and in that Schedule “the material time” means the time of the alleged offence.
F115(11)
Where—
(a)
the accused is charged on the same occasion with two or more scheduled offences and it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; or
(b)
the offence charged consists in incitement to commit two or more scheduled offences,
this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved.
F116(12)
Subsection (8) of section 12A of the Theft Act 1968 (which determines when a vehicle is recovered) shall apply for the purposes of paragraph 3 of Schedule 2 to this Act as it applies for the purposes of that section.
F11722ALow-value shoplifting to be a summary offence
(1)
Low-value shoplifting is triable only summarily.
(2)
But where a person accused of low-value shoplifting is aged 18 or over, and appears or is brought before the court before the summary trial of the offence begins, the court must give the person the opportunity of electing to be tried by the Crown Court for the offence and, if the person elects to be so tried—
(a)
subsection (1) does not apply, and
F118(b)
the court must proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
(3)
“Low-value shoplifting” means an offence under section 1 of the Theft Act 1968 in circumstances where—
(a)
the value of the stolen goods does not exceed £200,
(b)
the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and
(c)
at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential customer of the person offering the goods for sale.
(4)
For the purposes of subsection (3)(a)—
(a)
the value of the stolen goods is the price at which they were being offered for sale at the time of the offence, and
(b)
where the accused is charged on the same occasion with two or more offences of low-value shoplifting, the reference to the value involved has effect as if it were a reference to the aggregate of the values involved.
(5)
A person guilty of low-value shoplifting is liable on summary conviction to—
(a)
imprisonment for a period not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(4) and (5) of the Criminal Justice Act 2003),
(b)
a fine, or
(c)
both.
(6)
A person convicted of low-value shoplifting by a magistrates' court may not appeal to the Crown Court against the conviction on the ground that the convicting court was mistaken as to whether the offence was one of low-value shoplifting.
(7)
For the purposes of this section, any reference to low-value shoplifting includes aiding, abetting, counselling or procuring the commission of low-value shoplifting.
23 Power of court, with consent of legally represented accused, to proceed in his absence.
(1)
Where—
(a)
the accused is represented by F119a legal representativewho in his absence signifies to the court the accused’s consent to the proceedings for determining how he is to be tried for the offence being conducted in his absence; and
(b)
the court is satisfied that there is good reason for proceeding in the absence of the accused,
the following provisions of this section shall apply.
(2)
Subject to the following provisions of this section, the court may proceed in the absence of the accused in accordance with such of the provisions of sections 19 to 22 above as are applicable in the circumstances.
(3)
If, in a case where subsection (1) of section 22 above applies, it appears to the court as mentioned in subsection (4) of that section, subsections (5) and (6) of that section shall not apply and the court—
(a)
if the accused’s consent to be tried summarily has been or is signified by the person representing him, shall proceed in accordance with subsection (2) of that section as if that subsection applied; or
(b)
if that consent has not been and is not so signified, shall proceed in accordance with subsection (3) of that section as if that subsection applied.
(4)
F120If the court decides under section 19 above that the offence appears to it more suitable for for summary trial then—
(a)
if the accused’s consent to be tried summarily has been or is signified by the person representing him, section 20 above shall not apply, and the court shall proceed to the summary trial of the information; or
(b)
if that consent has not been and is not so signified, section 20 above shall not apply and the court shall proceed F121in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
F122(5)
If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, section 21 above shall not apply and the court shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
24 Summary trial of information against child or young person for indictable offence.
F123(1)
Where a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an indictable offence he shall, subject to sections 51 and 51A of the Crime and Disorder Act 1998 and to sections 24A and 24B below, be tried summarily.
F124(1A)
F125Where a magistrates’ court—
(a)
commits a person under the age of 18 for trial for an offence F126falling within subsection (1B) below ; or
(b)
in a case falling within subsection (1)(a) above, commits such a person for trial for an offence,
the court may also commit him for trial for any other indictable offence with which he is charged at the same time if the charges for both offences could be joined in the
same indictment.
F127(1B)
An offence falls within this subsection if—
(a)
it is an offence of homicide; F128. . .
(b)
each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—
(i)
the offence; and
(ii)
the person charged with it,
if he were convicted of the offence.F129 or
(c)
section 29(3) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.
(2)
F125Where, in a case falling within subsection (1)(b) above, a magistrates’ court commits a person under F130the age of 18
years for trial for an offence with which he is charged jointly with a person who has attained that age, the court may also commit him
for trial for any other indictable offence with which he is charged at the same time (whether jointly with the person who has attained that age or not) if F131the
charges for both offences could be joined in the same indictment.
(3)
If on trying a person summarily in pursuance of subsection (1) above the court finds him guilty, it may impose a fine of an amount not exceeding F132£1000 or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for F133section 89(1) of the said Act of 2000F134, it could have sentenced him to imprisonment for a term not exceeding—
(a)
the maximum term of imprisonment for the offence on conviction on indictment; or
(b)
six months,
whichever is the less.
(4)
F13824AChild or young person to indicate intention as to plea in certain cases
(1)
This section applies where—
(a)
a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998 (“the 1998 Act”); and
(b)
but for the application of the following provisions of this section, the court would be required at that stage, by virtue of section 51(7) or (8) or 51A(3)(b), (4) or (5) of the 1998 Act to determine, in relation to the offence, whether to send the person to the Crown Court for trial (or to determine any matter, the effect of which would be to determine whether he is sent to the Crown Court for trial).
(2)
Where this section applies, the court shall, before proceeding to make any such determination as is referred to in subsection (1)(b) above (the “relevant determination”), follow the procedure set out in this section.
(3)
Everything that the court is required to do under the following provisions of this section must be done with the accused person in court.
(4)
The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.
(5)
The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty—
(a)
the court must proceed as mentioned in subsection (7) below; and
(b)
(in cases where the offence is one mentioned in section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000) he may be sent to the Crown Court for sentencing under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section.
(6)
The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.
(7)
If the accused indicates that he would plead guilty, the court shall proceed as if—
(a)
the proceedings constituted from the beginning the summary trial of the information; and
(b)
section 9(1) above was complied with and he pleaded guilty under it,
and, accordingly, the court shall not (and shall not be required to) proceed to make the relevant determination or to proceed further under section 51 or (as the case may be) section 51A of the 1998 Act in relation to the offence.
(8)
If the accused indicates that he would plead not guilty, the court shall proceed to make the relevant determination and this section shall cease to apply.
(9)
If the accused in fact fails to indicate how he would plead, for the purposes of this section he shall be taken to indicate that he would plead not guilty.
(10)
Subject to subsection (7) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)
asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty;
(b)
an indication by the accused under this section of how he would plead.
24BIntention as to plea by child or young person: absence of accused
(1)
This section shall have effect where—
(a)
a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998;
(b)
but for the application of the following provisions of this section, the court would be required at that stage to make one of the determinations referred to in paragraph (b) of section 24A(1) above (“the relevant determination”);
(c)
the accused is represented by a legal representative;
(d)
the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 24A above to be conducted in his presence; and
(e)
the court considers that it should proceed in the absence of the accused.
(2)
In such a case—
(a)
the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative;
(b)
the court shall ask the representative whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty;
(c)
if the representative indicates that the accused would plead guilty the court shall proceed as if the proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it;
(d)
if the representative indicates that the accused would plead not guilty the court shall proceed to make the relevant determination and this section shall cease to apply.
(3)
If the representative in fact fails to indicate how the accused would plead, for the purposes of this section he shall be taken to indicate that the accused would plead not guilty.
(4)
Subject to subsection (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)
asking the representative under this section whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty;
(b)
an indication by the representative under this section of how the accused would plead.
24CIntention as to plea by child or young person: adjournment
(1)
A magistrates' court proceeding under section 24A or 24B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused.
(2)
Where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.
24DFunctions under sections 24A to 24C capable of exercise by single justice
(1)
The functions of a magistrates' court under sections 24A to 24C above may be discharged by a single justice.
(2)
Subsection (1) above shall not be taken as authorising—
(a)
the summary trial of an information (other than a summary trial by virtue of section 24A(7) or 24B(2)(c) above); or
(b)
the imposition of a sentence,
by a magistrates' court composed of fewer than two justices.
25 Power to change from summary trial to committal proceedings, and vice versa.
(1)
F141(2)
Where the court is required under section 20(9) above to proceed to the summary trial of the information, the prosecution may apply to the court for the offence to be tried on indictment instead.
(2A)
An application under subsection (2) above—
(a)
must be made before the summary trial begins; and
(b)
must be dealt with by the court before any other application or issue in relation to the summary trial is dealt with.
(2B)
The court may grant an application under subsection (2) above but only if it is satisfied that the sentence which a magistrates' court would have power to impose for the offence would be inadequate.
(2C)
Where—
(a)
the accused is charged on the same occasion with two or more offences; and
(b)
it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character,
subsection (2B) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together.
(2D)
Where the court grants an application under subsection (2) above, it shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
(3)
F142Where the court has begun to inquire into the information as examining justices, then, if at any time during the inquiry it appears to the court, having regard to any
representations made in the presence of the accused by the prosecutor, or made by the accused, and to the nature of the case, that the offence is after all more suitable for
summary trial, the court may, after doing as provided in subsection (4) below, ask the accused whether he consents to be tried summarily and, if he so consents, may F143subject
to subsection (3A) below proceed to try the information summarily; F144
F145(3A)
F142Where the prosecution is being carried on by the Attorney General or the Solicitor General, the court shall not exercise the power conferred by subsection (3) above without
his consent and, where the prosecution is being carried on by the Director of Public Prosecutions, shall not exercise that power if the Attorney General directs that it should not
be exercised.
(4)
F142Before asking the accused under subsection (3) above whether he consents to be tried summarily, the court shall in ordinary language—
(a)
explain to him that it appears to the court more suitable for him to be tried summarily for the offence, but that this can only be done if he consents to be so tried;
and
(b)
unless it has already done so, explain to him, as provided in section 20(2)(b) above, about the court’s power to commit to the Crown Court for sentence.
(5)
F142Where a person under F140 the age of 18 years appears or is brought before a
magistrates’ court on an information charging him with an indictable offence other than F146one falling within section 24(1B) above , and the court—
(a)
has begun to try the information summarily on the footing that the case does not fall within paragraph (a) or (b) of section 24(1) above and must therefore be tried
summarily, as required by the said section 24(1); or
(b)
has begun to inquire into the case as examining justices on the footing that the case does so fall,
subsection (6) or (7) below, as the case may be, shall have effect.
(6)
F142If, in a case falling within subsection (5)(a) above, it appears to the court at any time before the conclusion of the evidence for the prosecution that the case is after
all one which under the said section 24(1) ought not to be tried summarily, the court may discontinue the summary trial and proceed to inquire into the information as examining
justices and, on doing so, F147shall adjourn the hearing.
(7)
F142If, in a case falling within subsection (5)(b) above, it appears to the court at any time during the inquiry that the case is after all one which under the said section
24(1) ought to be tried summarily, the court may proceed to try the information summarily.
F148(8)
F142If the court adjourns the hearing under subsection (2) or (6) above it may (if it thinks fit) do so without remanding the accused.
F14926 Power to issue summons to accused in certain circumstances.
(1)
Where, in the circumstances mentioned in section 23(1)(a) above, the court is not satisfied that there is good reason for proceeding in the absence of the accused, the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court.
(2)
In a case within subsection (1) above, if the accused is not present at the time and place appointed for the proceedings under section 19 or section 22(1) above, the court may issue a warrant for his arrest.
27 Effect of dismissal of information for offence triable either way.
Where on the summary trial of an information for an offence triable either way the court dismisses the information, the dismissal shall have the same effect as an acquittal on indictment.
F150Transfer of criminal proceedings
27APower to transfer criminal proceedings
(1)
Where a person appears or is brought before a magistrates' court—
(a)
to be tried by the court for an offence, or
(b)
for the court to inquire into the offence as examining justices,
the court may transfer the matter to another magistrates' court.
(2)
The court may transfer the matter before or after beginning the trial or inquiry.
(3)
But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
(4)
The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
X1F15128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to remit person under 17 for trial to juvenile court
29 Power of magistrates’ court to remit a person under 17 for trial to a F152youth court in certain circumstances.
(1)
Where—
(a)
(b)
that other person, or any of those other persons, has attained that age,
subsection (2) below shall have effect notwithstanding proviso (a) in section 46(1) of the M7Children and Young Persons Act 1933 (which would otherwise require the charge against the juvenile to be heard by a magistrates’ court other than a F152youth court).
In the following provisions of this section “the older accused” means such one or more of the accused as have attained F153the age of 18 years.
(2)
If—
(a)
the court proceeds to the summary trial of the information in the case of both or all of the accused, and the older accused or each of the older accused pleads guilty; or
(b)
the court—
(i)
in the case of the older accused or each of the older accused, F154sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and
(ii)
in the case of the juvenile, proceeds to the summary trial of the information,
then, if in either situation the juvenile pleads not guilty, the court may before any evidence is called in his case remit him for trial to a F152youth court acting for the same place as the remitting court or for the place where he habitually resides.
(3)
(4)
Where a person is so remitted to a F152youth court—
(a)
he shall have no right of appeal against the order of remission; and
(5)
The preceding provisions of this secion shall apply in relation to a corporation as if it were an individual who has attained F153the age of 18 years.
Remand for medical examination
F15630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers in respect of offenders
F15731. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32 Penalties on summary conviction for offences triable either way.
(1)
On summary conviction of any of the offences triable either way listed in Schedule 1 to this Act a person shall be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding the prescribed sum or both, except that—
(a)
a magistrates’ court shall not have power to impose imprisonment for an offence so listed if the Crown Court would not have that power in the case of an adult convicted of it on indictment;
(b)
F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159
(2)
For any offence triable either way which is not listed in Schedule 1 to this Act, being an offence under a relevant enactment, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the prescribed sum unless the offence is one for which by virtue of an enactment other than this subsection a larger fine may be imposed on summary conviction.
(3)
Where, by virtue of any relevant enactment, a person summarily convicted of an offence triable either way would, apart from this section, be liable to a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (2) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
(4)
Subsection (2) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.
(5)
Subsection (2) above shall not apply on summary conviction of any of the following offences:—
(a)
offences under section 5(2) of the M8Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;
(b)
offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—
(i)
section 4(2) (production, or being concerned in the production, of a controlled drug);
(ii)
section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);
(iii)
section 5(3) (having possession of a controlled drug with intent to supply it to another);
(iv)
section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);
(v)
section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or
(vi)
section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).
(6)
Where, as regards any offence triable either way, there is under any enactment (however framed or worded) a power by subordinate instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence—
(a)
subsection (2) above shall not affect that power or override any restriction imposed in the exercise of that power; and
(b)
the amount to which that fine may be restricted in the exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed.
(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160
(8)
In subsection (5) above “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the M9Misuse of Drugs Act 1971.
(9)
In this section—
“fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation;
“the prescribed sum” means F161£5,000 or such sum as is for the time being substituted in this definition by an order in force under section 143(1) below;
“relevant enactment” means an enactment contained in the M10Criminal Law Act 1977 or in any Act passed before, or in the same Session as, that Act.
F162(10)
Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court) makes provision that affects the application of this section.
33 Maximum penalties on summary conviction in pursuance of section 22.
(1)
Where in pursuance of subsection (2) of section 22 above a magistrates’ court proceeds to the summary trial of an information, then, if the accused is summarily convicted of the offence—
(a)
(b)
F165section 3 of the Powers of Criminal Courts (Sentencing) Act 2000shall not apply as regards that offence.
(2)
In subsection (1) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
F166(3)
Paragraph (a) of subsection (1) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).
34 Mitigation of penalties, etc.
(1)
Where under any enactment whether passed before or after the commencement of this Act a magistrates’ court has power to sentence an offender to imprisonment for a period specified by the enactment, or to a fine of an amount specified by the enactment, then, except where an Act passed after 31st December 1879 expressly provides to the contrary, the court may sentence him to imprisonment for less than that period or, as the case may be, to a fine of less than that amount.
(2)
Where under any such enactment an offender sentenced on summary conviction to imprisonment or a fine is required to enter into a recognizance with or without sureties to keep the peace or observe any other condition, the court convicting him may dispense with or modify the requirement.
(3)
Where under any such enactment a magistrates’ court has power to sentence an offender to imprisonment or other detention but not to a fine, then, except where an Act passed after 31st December 1879 expressly provides to the contrary, the court may, instead of sentencing him to imprisonment or other detention, impose a fine which—
(a)
for an offence triable either way, shall not exceed the prescribed sum within the meaning of section 32 above; and
(b)
for a summary offence, shall—
(i)
not exceed F167level 3 on the standard scale; and
(ii)
not be of such an amount as would subject the offender, in default of payment of the fine, to a longer term of imprisonment or detention than the term to which he is liable on conviction of the offence.
F16835. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16936. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17036A Alterations of names of petty sessions areas in inner London area.
(1)
The committee of magistrates may at any time submit to the Secretary of State 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 Secretary of State 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.
F17137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17338A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17439. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17540. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
41 Restriction on grant of bail in treason.
A person charged with treason shall not be granted bail except by order of a judge of the High Court or the Secretary of State.
F17642 Restriction on justices sitting after dealing with bail.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17743 Bail on arrest.
(1)
Where a person has been granted bail under F178Part IV of the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates’ court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time.
(2)
The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates’ court F179acting in the local justice area in which the police station named in the recognizance is situated.
F18043A Functions of magistrates’ court where a person in custody is brought before it with a view to his appearance before the Crown Court.
(1)
Where a person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court is brought before a magistrates’ court in pursuance of section 81(5) of the F181Senior Courts Act 1981—
(a)
the magistrates’ court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court;
(b)
if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so.
(2)
A magistrates’ court shall have jurisdiction under subsection (1) whether or not the offence was committed, or the arrest was made, within the court’s area.
F18243B Power to grant bail where police bail has been granted.
(1)
Where a custody officer—
(a)
grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or
(b)
varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976,
a magistrates’ court may, on application by or on behalf of that person, grant bail or vary the conditions.
(2)
On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.
(3)
On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse.
(4)
In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.
44 Aiders and abettors.
(1)
A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried (whether or not he is charged as a principal) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him.
(2)
Any offence consisting in aiding, abetting, counselling or procuring the commission of an offence triable either way (other than an offence listed in Schedule 1 to this Act) shall by virtue of this subsection be triable either way.
45 Incitement.
F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 Corporations.
The provisions of Schedule 3 to this Act shall have effect where a corporation is charged with an offence before a magistrates’ court.
47 Service of summons out of time after failure to prove service by post.
Where any enactment requires, expressly or by implication, that a summons in respect of an offence shall be issued or served within a specified period after the commission of the offence, and service of the summons may under F184rules of court be effected by post, then, if under the rules service of the summons is not treated as proved, but it is shown that a letter containing the summons was posted at such time as to enable it to be delivered in the ordinary course of post within that period, a second summons may be issued on the same information; and the enactment shall have effect, in relation to that summons, as if the specified period were a period running from the return day of the original summons.
48 Return of property taken from accused.
Where a summons or warrant has been issued requiring any person to appear or be brought before a magistrates’ court to answer to an information, or where any person has been arrested without a warrant for an offence, and property has been taken from him after the issue of the summons or warrant or, as the case may be, on or after his arrest without a warrant, the police shall report the taking of the property, with particulars of the property, to the magistrates’ court which deals with the case; and, if the court, being of opinion that the whole or any part of the property can be returned to the accused consistently with the interests of justice and the safe custody of the accused, so directs, the property, or such part of it as the court directs, shall be returned to the accused or to such other person as he may require.
49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185
50 Construction of references to complaint in enactments dealing with offences.
In any enactment conferring power on a magistrates’ court to deal with an offence, or to issue a summons or warrant against a person suspected of an offence, on the complaint of any person, for references to a complaint there shall be substituted references to an information.
Part II Civil Jurisdiction and Procedure
Jurisdiction to issue summons and deal with complaints
F18651Issue of summons on complaint
Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint.
F18752 Jurisdiction to deal with complaints.
(1)
A magistrates' court has jurisdiction to hear any complaint.
(2)
But subsection (1) is subject to provision made by any enactment.
Hearing of complaint
53 Procedure on hearing.
(1)
On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint.
(2)
The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint.
(3)
Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence.
F188(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54F189Adjournment and stays
(1)
A magistrates’ court may at any time, whether before or after beginning to hear a complaint, adjourn the hearing, and may do so, notwithstanding anything in this Act, when composed of a single justice.
(2)
The court may when adjourning either fix the time and place at which the hearing is to be resumed or, unless it remands the defendant under section 55 below, leave the time and place to be determined later by the court; but the hearing shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.
F190(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F190(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55 Non-appearance of defendant.
(1)
Where at the time and place appointed for the hearing or adjourned hearing of a complaint the complainant appears but the defendant does not, the court may, subject to subsection (3) below, proceed in his absence.
(2)
Where the court, instead of proceeding in the absence of the defendant, adjourns, or further adjourns, the hearing, the court may, if the complaint has been substantiated on oath, and subject to the following provisions of this section, issue a warrant for his arrest.
(3)
The court shall not begin to hear the complaint in the absence of the defendant or issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint.
(4)
Where the defendant fails to appear at an adjourned hearing, the court shall not issue a warrant under this section unless it is satisfied that he has had adequate notice of the time and place of the adjourned hearing.
(5)
Where the defendant is arrested under a warrant issued under this section, the court may, on any subsequent adjournment of the hearing, but subject to the provisions of subsection (6) below, remand him.
(6)
The court shall not issue a warrant or remand a defendant under this section or further remand him by virtue of section 128(3) below after he has given evidence in the proceedings.
(7)
Where the court remands the defendant, the time fixed for the resumption of the hearing shall be that at which he is required to appear or be brought before the court in pursuance of the remand.
(8)
A warrant under this section shall not be issued in any proceedings for the recovery or enforcement of a sum recoverable summarily as a civil debt or in proceedings in any matter of bastardy.
F191(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 Non-appearance of complainant.
57 Non-appearance of both parties.
F196Use of live links in certain proceedings
57ZAUse of live links in appeals against requirements or restrictions imposed on a potentially infectious person
(1)
This section and sections 57ZB to 57ZF apply in relation to proceedings on an appeal under paragraph 17(1) or 61(1) of Schedule 21 to the Coronavirus Act 2020 (appeal against requirement or restriction imposed on potentially infectious person).
(2)
The proceedings are to be conducted wholly as video proceedings unless the court directs otherwise under subsection (3).
(3)
The court must, where it considers that it would be contrary to the interests of justice not to do so, direct that one or more persons taking part in the proceedings—
(a)
is not to take part in all or any part of the proceedings through a live video link;
(b)
is to take part in all or any part of the proceedings through a live audio link.
(4)
The court's power to make a direction under subsection (3) may be exercised by—
(a)
a single justice;
(b)
an authorised court officer.
(5)
In subsection (4)(b), an “authorised court officer” means a person who—
(a)
is an authorised person for the purposes of Part 6A of the Courts Act 2003 (see section 67B(3) of that Act), and
(b)
has a qualification specified in regulation 2 of the Authorised Court Staff (Legal Advice Functions) Qualifications Regulations 2020 (S.I. 2020/98).
57ZBUse of live links: supplementary provision
(1)
A person who takes part in proceedings through a live video link or a live audio link is to be treated as—
(a)
complying with any requirement (however imposed or expressed) for that person to attend or appear before the court for the purposes of that participation in those proceedings, and
(b)
present in court for the purposes of those proceedings.
(2)
Proceedings that are conducted—
(a)
wholly as video proceedings, or
(b)
wholly as audio proceedings,
are to be regarded as taking place at the location where the justice or justices take part in the proceedings.
(3)
A statement made on oath by a witness outside the United Kingdom and given in evidence through a live video link or a live audio link is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
57ZCEnabling the public to see and hear proceedings
(1)
If the proceedings are to be conducted wholly as video proceedings, the court—
(a)
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;
(b)
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio-visual record of the proceedings.
(2)
If the court directs that proceedings are to be conducted wholly as audio proceedings, the court—
(a)
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;
(b)
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio record of the proceedings.
(3)
A direction under this section may relate to the whole, or to part, of the proceedings concerned.
(4)
The court's power under this section may be exercised by a single justice.
57ZDOffences of recording or transmission in relation to broadcasting
(1)
It is an offence for a person to make, or attempt to make—
(a)
an unauthorised recording, or
(b)
an unauthorised transmission,
of an image or sound which is being broadcast in accordance with a direction under section 57ZC.
(2)
It is an offence for a person to make, or attempt to make—
(a)
an unauthorised recording, or
(b)
an unauthorised transmission,
of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 57ZC.
(3)
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission of the image or sound concerned—
(a)
he or she was not in designated live-streaming premises, and
(b)
he or she did not know, and could not reasonably have known, that the image or sound was—
(i)
being broadcast in accordance with a direction under section 57ZC (in the case of an offence under subsection (1)), or
(ii)
an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 57ZC (in the case of an offence under subsection (2)).
(4)
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
(6)
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
(a)
authorised by a direction under section 57ZC,
(b)
otherwise authorised (generally or specifically) by the court, or
(c)
authorised (generally or specifically) by the Lord Chancellor.
(7)
The court's power under subsection (6)(b) may be exercised by a single justice.
57ZEOffences of recording or transmitting participation through live links
(1)
It is an offence for a person to make, or attempt to make—
(a)
an unauthorised recording, or
(b)
an unauthorised transmission,
of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.
(2)
It is an offence for a person (P) to make, or attempt to make—
(a)
an unauthorised recording, or
(b)
an unauthorised transmission,
of an image of, or sound made by, any person (whether P or another person) while that person is participating in court proceedings through a live video link or a live audio link.
(3)
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission, he or she did not know, and could not reasonably have known, that the image or sound concerned—
(a)
was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or
(b)
was an image of, or sound made by, a person while that person was participating in court proceedings through a live video link or a live audio link (in the case of an offence under subsection (2)).
(4)
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
(6)
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
(a)
authorised (generally or specifically) by the court, or
(b)
authorised (generally or specifically) by the Lord Chancellor.
(7)
The court's power under subsection (6)(a) may be exercised by a single justice.
57ZFInterpretation
(1)
This section applies for the purposes of sections 57ZA to 57ZE (and this section).
(2)
Proceedings are conducted wholly as video proceedings where all of the persons taking part in the proceedings do so through a live video link.
(3)
A “live video link”, in relation to a person (P) taking part in proceedings, is a live television link or other arrangement which—
(a)
enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
(b)
enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,
(ignoring for these purposes the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing).
(4)
Proceedings are conducted wholly as audio proceedings if all of the persons taking part in the proceedings do so through a live audio link.
(5)
A “live audio link”, in relation to a person (P) taking part in proceedings, is a live telephone link or other arrangement which—
(a)
enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
(b)
enables all other persons taking part in the proceedings who are not in the same location as P to hear P,
(ignoring for these purposes the extent (if any) to which a person is unable to hear by reason of any impairment of hearing).
(6)
A reference to a person taking part in proceedings includes—
(a)
giving evidence in the proceedings, and
(b)
attending the proceedings when not giving evidence.
(7)
A reference to the persons taking part in proceedings includes—
(a)
the complainant,
(b)
the defendant,
(c)
the justices,
(d)
any person acting as justices' clerk or assistant to a justices' clerk or providing legal advice to the justices pursuant to an authorisation under section 28 of the Courts Act 2003,
(e)
any witnesses in the proceedings,
(f)
any legal representatives acting in the proceedings, and
(g)
any interpreter or other person appointed by the court to assist in the proceedings.
(8)
The following expressions have the meanings given—
“designated live-streaming premises” means premises that are designated by the Lord Chancellor for the purposes of this section as premises provided by the Lord Chancellor for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 57ZC;
“recording” means a recording on any medium—
(a)
of a single image, a moving image or any sound, or
(b)
from which a single image, a moving image or any sound may be produced or reproduced;
“transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).
(9)
An image or sound is transmitted—
(a)
through a live video link if it is transmitted as part of a person's participation in court proceedings through a live video link;
(b)
through a live audio link if it is transmitted as part of a person's participation in court proceedings through a live audio link.
F197Transfer of civil proceedings (other than family proceedings)
57APower to transfer civil proceedings (other than family proceedings)
(1)
A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.
(2)
But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
F198(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
Civil debt
58 Money recoverable summarily as civil debt.
(1)
A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt.
(2)
Any sum payment of which may be ordered by a magistrates’ court shall be recoverable summarily as a civil debt except—
F199(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
a sum that may be adjudged to be paid by a summary conviction or by an order enforceable as if it were a summary conviction.
Orders for periodical payment
F20059 Orders for periodical payment: means of payment.
(1)
In any case where a magistrates’ court orders money to be paid periodically by one person (in this section referred to as “the debtor”) to another (in this section referred to as “the creditor”), F201... the court shall at the same time exercise one of its powers under paragraphs (a) and (b) of F202subsection (3) below .
F203(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The powers of the court are—
(a)
the power to order that payments under the order be made directly by the debtor to the creditor;
(b)
the power to order that payments under the order be made to F204the designated officer for the court or for any other magistrates' court;
F205(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F206(cc)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F205(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207(3A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
In any case where—
(a)
the court proposes to exercise its power under paragraph (c) of subsection (3) above, and
(b)
having given the debtor an opportunity of opening an account from which payments under the order may be made in accordance with the method of payment proposed to be ordered under that paragraph, the court is satisfied that the debtor has failed, without reasonable excuse, to open such an account,
the court in exercising its power under that paragraph may order that the debtor open such an account.
F208(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
The methods of payment referred to in subsection (3)(c) above are the following, that is to say—
(a)
payment by standing order; or
(b)
payment by any other method which requires one person to give his authority for payments of a specific amount to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him.
F209(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209(11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21059A Orders for periodical payment: proceedings by F211designated officer.
(1)
Where payments under F212an order made by a magistrates' court are required to be made periodically—
(a)
to or through F213the designated officer for a magistrates' court, or
(b)
by any method of payment falling within section 59(6) above,
and any sums payable under the order are in arrear, F214the relevant designated officer shall, if the person for whose benefit the payments are required to be made so requests in writing, and unless it appears F215to that designated officer that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums.
(2)
Where payments under F212an order made by a magistrates' court are required to be made periodically to or through F216the designated officer for a magistrates' court, the person for whose benefit the payments are required to be made may, at any time during the period in which the payments are required to be so made, give authority in writing to F217the relevant designated officer for him to proceed as mentioned in subsection (3) below.
(3)
Where authority under subsection (2) above is given to F218the relevant designated officer, he shall, unless it appears to him that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of any sums payable to or through him under the order in question which, on or after the date of the giving of the authority, fall into arrear.
(4)
In any case where—
(a)
authority under subsection (2) above has been given to F219the relevant designated officer, and
(b)
the person for whose benefit the payments are required to be made gives notice in writing to the F220relevant designated officer cancelling the authority,
the authority shall cease to have effect and, accordingly, the F221relevant designated officer shall not continue any proceedings already commenced by virtue of the authority.
(5)
The person for whose benefit the payments are required to be made shall have the same liability for all the costs properly incurred in or about proceedings taken under subsection (1) above at his request or under subsection (3) above by virtue of his authority (including any costs incurred as a result of any proceedings commenced not being continued) as if the proceedings had been taken by him.
(6)
Nothing in subsection (1) or (3) above shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.
(7)
In this section—
F222“the relevant designated officer”, in relation to an order, means—
(a)
in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, the designated officer for that magistrates' court; F223and
(b)
in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, the designated officer for that magistrates' court; F224...
(c)
F224...
F225...
F226...
F22759BMaintenance orders: penalty for breach.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22860 Revocation, variation, etc. of orders for periodical payment.
(1)
Where a magistrates’ court has made an order for money to be paid periodically by one person to another, the court may, by order on complaint, revoke, revive or vary the order.
(2)
The power under subsection (1) above to vary an order shall include power to suspend the operation of any provision of the order temporarily and to revive the operation of any provision so suspended.
F229(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(10A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(10B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)
For the purposes of this section—
(a)
“creditor” and “debtor” have the same meaning as they have in section 59 above; F230...
F230(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Periodical payments payable by one person under more than one order.
(1)
F231Rules of court may make provision—
(a)
for enabling a person to make one complaint for the recovery of payments required to be made to him by another person under more than one periodical payments order; and
(b)
for apportioning between two or more periodical payments orders, in such manner as may be prescribed by the rules, any sum paid to F232the designated officer for a magistrates' court on any date by the person liable to make payments under the orders which is less than the total sum required to be paid on that date to F233that designated officer by that person in respect of those orders (being orders one of which requires payments to be made for the benefit of a child to the person with whom the child has his home and one or more of which requires payments to be made to that person either for his own benefit or for the benefit of another child who has his home with him) F234and sums paid into court in pursuance of orders under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders).
(2)
In this section—
“child” means a person who has not attained the age of 18;
“periodical payments order” means an order made by a magistrates’ court F235... which requires the making of periodical payments,
and any payments required under a periodical payments order to be made to a child shall for the purposes of subsection (1) above be treated as if they were required to be made to the person with whom the child has his home.
Payments to children
62 Provisions as to payments required to be made to a child, etc.
(1)
Where—
(a)
periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by a magistrates’ court, F236...
F236(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any sum required under the order to be paid to the child may be paid to the person with whom the child has his home, and that person—
(i)
may proceed in his own name for the variation, revival or revocation of the order, and
(2)
Where a child has a right under any enactment to apply for the revival of an order made by a magistrates’ court which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order.
(3)
Where any person by whom periodical payments are required to be paid to a child under an order made by F239... a magistrates’ court makes a complaint for the variation or revocation of that order, the person with whom the child has his home may answer the complaint in his own name.
(4)
Nothing in subsections (1) and (2) above shall affect any right of a child to proceed in his own name for the variation, revival or revocation of an order or for the recovery of any sum payable thereunder.
F240(5)
In this section references to the person with whom a child has his home—
(a)
in the case of any child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989 F241or section 74 of the Social Services and Well-being (Wales) Act 2014 ), are references to that local authority; and
(b)
in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child.
F242(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
In this section “child” means a person who has not attained the age of 18.
Orders other than for payment of money
63 Orders other than for payment of money.
(1)
Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit.
(2)
The court may by order made on complaint suspend or rescind any such order as aforesaid.
(3)
Where any person disobeys an order of a magistrates’ court made under an Act passed after 31st December 1879 to do anything other than the payment of money or to abstain from doing anything the court may—
(a)
order him to pay a sum not exceeding £50 for every day during which he is in default or a sum not exceeding F243£5,000; or
(b)
commit him to custody until he has remedied his default or for a period not exceeding 2 months;
but a person who is ordered to pay a sum for every day during which he is in default or who is committed to custody until he has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default).
(4)
Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.
(5)
The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment.
Costs
64 Power to award costs and enforcement of costs.
(1)
On the hearing of a complaint, a magistrates’ court shall have power in its discretion to make such order as to costs—
(a)
on making the order for which the complaint is made, to be paid by the defendant to the complainant;
(b)
on dismissing the complaint, to be paid by the complainant to the defendant,
as it thinks just and reasonable; but if the complaint is for an order for the F244variation of an order for the periodic payment of money , or for the enforcement of such an order, the court may, whatever adjudication it makes, order either party to pay the whole or any part of the other’s costs.
F245(1A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
(3)
F248... Costs ordered to be paid under this section shall be enforceable as a civil debt.
F249(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F249(4A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
The preceding provisions of this section shall have effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs.
Domestic proceedings
F25065 Meaning of domestic proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25065AMeaning of family procedure rules
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25066 Composition of magistrates’ courts for family proceedings: general.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25067 Family proceedings courts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 Combined domestic court panels.
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25268APower of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25369 Sittings of magistrates’ courts for domestic proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25470 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25571 Newspaper reports of domestic proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25672 Report by probation officer on means of parties.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25773 Examination of witnesses by court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25874 Reasons for decisions in domestic proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Satisfaction and Enforcement
General provisions
75 Power to dispense with immediate payment.
(1)
A magistrates’ court by whose conviction or order a sum is adjudged to be paid may, instead of requiring immediate payment, allow time for payment, or order payment by instalments.
(2)
Where a magistrates’ court has allowed time for payment, the court may, on application by or on behalf of the person liable to make the payment, allow further time or order payment by instalments.
F259(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F259(2B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F259(2C)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Where a court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.
76 Enforcement of sums adjudged to be paid.
(1)
Subject to the following provisions of this Part of this Act, and to section 132 below F260, where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may F261issue a warrant of control for the purpose of recovering the sum or issue a warrant committing the defaulter to prison.
(2)
A warrant of commitment may be issued as aforesaid either—
(a)
(b)
instead of a F264warrant of control .
(3)
The period for which a person may be committed to prison under such a warrant as aforesaid shall not, subject to the provisions of any enactment passed after 31st December 1879, exceed the period applicable to the case under Schedule 4 to this Act.
F265(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F265(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F265(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77 Postponement of issue of warrant.
(1)
Where a magistrates’ court has power to issue a F266warrant of control under this Part of this Act, it may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.
(2)
Where a magistrates’ court has power to issue a warrant of commitment under this Part of this Act, it may, if it thinks it expedient to do so, fix a term of imprisonment F267or detention under F268section 108 of the powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged F26818 to 20 for default)and postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.
F269(3)
A magistrates’ court shall have power at any time to do either or both of the following—
(a)
to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;
(b)
to vary any of the conditions on which its issue is postponed,
but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.
(4)
In this section “the relevant time” means—
(a)
where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and
(b)
in any other case, the date of the exercise or latest exercise of either or both of the powers.
(5)
Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting F270in the local justice area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.
F271(6)
Where such an application is referred to the court—
(a)
the F272... court shall fix a time and place for the application to be heard; and
(b)
the designated officer for the court shall give the applicant notice of that time and place.
(7)
Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.
(8)
If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.
78 Defect in distress warrant and irregularity in its execution.
(1)
A warrant of distress issued for the purpose of levying a sum adjudged to be paid by the conviction or order of a magistrates’ court shall not, if it states that the sum has been so adjudged to be paid, be held void by reason of any defect in the warrant.
(2)
A person acting under a warrant of distress shall not be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the warrant.
(3)
Nothing in this section shall prejudice the claim of any person for special damages in respect of any loss caused by a defect in the warrant or irregularity in its execution.
(4)
(5)
If any person charged with the execution of a warrant of distress wilfully retains from the proceeds of a sale of the goods on which distress is levied, or otherwise exacts, any greater costs and charges than those properly payable, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding F274level 1 on the standard scale.
79 Release from custody and reduction of detention on payment.
(1)
Where imprisonment or other detention has been imposed on any person by the order of a magistrates’ court in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient F275goods to satisfy such a sum, then, on the payment of the sum, together with the costs and charges, if any, of the commitmentF276, or (as the case may be) on the payment of the amount outstanding, the order shall cease to have effect; and if the person has been committed to custody he shall be released unless he is in custody for some other cause.
(2)
Where, after a period of imprisonment or other detention has been imposed on any person in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient F277goods to satisfy such a sum, payment is made in accordance with F278rules of court of part of the sum, the period of detention shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid bears F279—
(a)
to the amount outstanding at the time the period of detention was imposed, if the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) had been used for recovering the sum;
(b)
otherwise, to so much of the sum as was due at that time.
(3)
In calculating the reduction required under subsection (2) above any fraction of a day shall be left out of account.
F280(4)
In this Act, references to want of sufficient goods to satisfy a sum of money are references to circumstances where—
(a)
a warrant of control has been issued for the sum to be recovered from a person, but
(b)
it appears on the return to the warrant that the person's money and goods are insufficient to pay the amount outstanding.
(5)
In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
80 Application of money found on defaulter to satisfy sum adjudged.
(1)
Where a magistrates’ court has adjudged a person to pay a sum by a conviction F281..., the court may order him to be searched.
(2)
Any money found on the arrest of a person adjudged to pay such a sum as aforesaid, or on a search as aforesaid, or on his being taken to a prison or other place of detention in default of payment of such a sum or for want of sufficient F282goods to satisfy such a sum, may, unless the court otherwise directs, be applied towards payment of the said sum; and the balance, if any, shall be returned to him.
(3)
A magistrates’ court shall not allow the application as aforesaid of any money found on a person if it is satisfied that the money does not belong to him or that the loss of the money would be more injurious to his family than would be his detention.
Sums adjudged to be paid by a conviction
81 Enforcement of fines imposed on young offenders.
(1)
Where a magistrates’ court would, but for F283section 89 of the Powers of Criminal Courts (Sentencing) Act 2000, have power to commit to prison a person under F284the age of 18 for a default consisting in failure to pay, or want of sufficient F285goods to satisfy, a sum adjudged to be paid by a conviction, the court may, subject to the following provisions of this section, make—
(a)
an order requiring the defaulter’s parent or guardian to enter into a recognizance to ensure that the defaulter pays so much of that sum as remains unpaid; or
(b)
an order directing so much of that sum as remains unpaid to be paid by the defaulter’s parent or guardian instead of by the defaulter.
(2)
An order under subsection (1) above shall not be made in respect of a defaulter—
(a)
in pursuance of paragraph (a) of that subsection, unless the parent or guardian in question consents;
(b)
in pursuance of paragraph (b) of that subsection, unless the court is satisfied in all the circumstances that it is reasonable to make the order.
(3)
None of the following orders, namely—
(a)
an order under F286 section 60(1) of the said Act of 2000 M11 for attendance at an attendance centre; or
(b)
any order under subsection (1) above,
shall be made by a magistrates’ court in consequence of a default of a person under F284the age of 18 years consisting in failure to pay, or want of sufficient F287goods to satisfy, a sum adjudged to be paid by a conviction unless the court has since the conviction inquired into the defaulter’s means in his presence on at least one occasion.
(4)
An order under subsection (1) above shall not be made by a magistrates’ court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.
(5)
An order under subsection (1) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.
(6)
A parent or guardian may appeal to the Crown Court against an order under subsection (1) above made in pursuance of paragraph (b) of that subsection.
(7)
Any sum ordered under subsection (1)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.
(8)
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F289
82 Restriction on power to impose imprisonment for default.
(1)
A magistrates’ court shall not on the occasion of convicting an offender of an offence issue a warrant of commitment for a default in paying any sum adjudged to be paid by the conviction unless—
(a)
in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;
(b)
it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or
(c)
on the occasion of that conviction the court sentences him to immediate imprisonment F291, youth custodyor detention in a detention centre for that or another offence or he is already serving F292a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982or detention in a detention centre.
F293(1A)
A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying—
(a)
a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or
(b)
a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.
(2)
A magistrates’ court shall not in advance of the issue of a warrant of commitment fix a term of imprisonment which is to be served by an offender in the event of a default in paying a sum adjudged to be paid by a conviction, except where it has power to issue a warrant of commitment forthwith, but postpones issuing the warrant under section 77(2) above.
(3)
Where on the occasion of the offender’s conviction a magistrates’ court does not issue a warrant of commitment for a default in paying any such sum as aforesaid or fix a term of imprisonment under the said section 77(2) which is to be served by him in the event of any such default, it shall not thereafter issue a warrant of commitment for any such default or for want of sufficient F294goods to satisfy such a sum unless—
(a)
he is already serving F292a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982or detention in a detention centre; or
(b)
the court has since the conviction inquired into his means in his presence on at least one occasion.
(4)
Where a magistrates’ court is required by subsection (3) above to inquire into a person’s means, the court may not on the occasion of the inquiry or at any time thereafter issue a warrant of commitment for a default in paying any such sum unless—
(a)
in the case of an offence punishable with imprisonment, the offender appears to the court to have sufficient means to pay the sum forthwith; or
(b)
the court—
(i)
is satisfied that the default is due to the offender’s wilful refusal or culpable neglect; and
(ii)
has considered or tried all other methods of enforcing payment of the sum and it appears to the court that they are inappropriate or unsuccessful.
F295(4A)
The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are—
(a)
a F296warrant of control under section 76 above;
(b)
an application to the High Court or county court for enforcement under section 87 below;
(c)
an order under section 88 below;
(d)
an attachment of earnings order; and
(e)
if the offender is F297under the age of 25, an order undersection 17 of the Criminal Justice Act 1982(attendance centre orders).
F298(4B)
The cases in which the offender’s default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which—
(a)
he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), or
(b)
he has without reasonable excuse failed to comply with such an order.
(5)
After the occasion of an offender’s conviction by a magistrates’ court, the court shall not, unless—
(a)
the court has previously fixed a term of imprisonment under section 77(2) above which is to be served by the offender in the event of a default in paying a sum adjudged to be paid by the conviction; or
(b)
the offender is serving F292a sentence of custody for life, or a term of imprisonment, youth custody, detention undersection 9 of the Criminal Justice Act 1982or detention in a detention centre,
issue a warrant of commitment for a default in paying the sum or fix such a term except at a hearing at which the offender is present.
F299(5A)
A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the F300designated officer for the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.
(5B)
Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously—
(a)
inquired into the offender’s means; and
(b)
postponed the issue of the warrant of commitment under section 77(2) above.
(5C)
A notice under subsection (5A) above—
(a)
shall state the time and place appointed for the hearing; and
(b)
shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing,
but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations.
(5D)
Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.
(5E)
Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.
(5F)
A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person.
(6)
Where a magistrates’ court issues a warrant of commitment on the ground that one of the conditions mentioned in subsection (1) or (4) above is satisfied, it shall state that fact, specifying the ground, in the warrant.
83 Process for securing attendance of offender F301. . . .
(1)
A magistrates’ court may, for the purpose of enabling inquiry to be made under section 82 above or for securing the attendance of an offender at a hearing required to be held by subsection (5) of that section—
(a)
issue a summons requiring the offender to appear before the court at the time and place appointed in the summons; or
(b)
issue a warrant to arrest him and bring him before the court.
(2)
On the failure of the offender to appear before the court in answer to a summons F302issued under this section, or by virtue of Schedule 5 to the Courts Act 2003 the court may issue a warrant to arrest him and bring him before the court.
(3)
A warrant issued under this section may be executed in like manner, and the like proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 above.
F303(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84 Power to require statement of F304assets and other financial circumstances .
(1)
A magistrates’ court may, either before or on inquiring into a person’s means under section 82 above, and a justice of the peace acting F305in the same local justice area as that court may before any such inquiry, order him to furnish to the court within a period specified in the order such a statement of his F306assets and other financial circumstances as the court may require.
(2)
A person who fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding F307level 3 on the standard scale.
(3)
If a person in furnishing any statement in pursuance of an order under subsection (1) above makes a statement which he knows to be false in a material particular or recklessly furnishes a statement which is false in a material particular, or knowingly fails to disclose any material fact, he shall be liable on summary conviction to imprisonment for a term not exceeding 4 months or a fine not exceeding F307level 3 on the standard scaleor both.
(4)
Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section 127(1) below, be commenced at any time within 2 years from the date of the commission of the offence or within 6 months from its first discovery by the prosecutor, whichever period expires the earlier.
F30885 Power to remit fine.
(1)
Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—
(a)
where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of F309section 77 above, since the relevant time as defined in subsection (4) of that section; and
(b)
in any other case, since the date of the conviction.
(2)
Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.
F310(2A)
Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.
F311(2B)
Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.
(3)
In calculating any reduction required by subsection (2) or F312, (2A) or (2B) above any fraction of a day or hour shall be left out of account.
F313(3A)
Where—
(a)
the court remits the whole or part of the fine, and
(b)
the offender was ordered under section 161A of the Criminal Justice Act 2003 to pay a surcharge the amount of which was set by reference to the amount of the fine,
the court shall determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.
(4)
Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.
F31485A Variation of instalments of sum adjudged to be paid by conviction.
Where under section 75 above a magistrates’ court orders that a sum adjudged to be paid by a conviction shall be paid by instalments, the court, on an application made by the person liable to pay that sum, shall have power to vary that order by varying the number of instalments payable, the amount of any instalment payable, and the date on which any instalment becomes payable.
86 Power of magistrates’ court to fix day for appearance of offender at means inquiry etc.
F315(1)
A magistrates’ court which has exercised in relation to a sum adjudged to be paid by a conviction either of the powers conferred by section 75(1) above shall have power, either then or later, to fix a day on which, if the relevant condition is satisfied, the offender must appear in person before the court for either or both of the following purposes, namely—
(a)
to enable an inquiry into his means to be made under section 82 above;
(b)
to enable a hearing required by subsection (5) of the said section 82 to be held.
(1A)
Where the power which the court has exercised is the power to allow time for payment of a sum (“the adjudged sum”), the relevant condition is satisfied if any part of that sum remains unpaid on the day fixed by the court.
(1B)
Where the power which the court has exercised is the power to order payment by instalments, the relevant condition is satisfied if an instalment which has fallen due remains unpaid on the day fixed by the court.
(2)
Except as provided in subsection (3) below, the power to fix a day under this section shall be exercisable only in the presence of the offender.
(3)
Where a day has been fixed under this section, the court may fix a later day in substitution for the day previously fixed, and may do so—
(a)
when composed of a single justice; and
(b)
whether the offender is present or not.
(4)
Subject to subsection (5) below, if on the day fixed under this section—
F316(a)
the relevant condition is satisfied; and
(b)
the offender fails to appear in person before the court,
the court may issue a warrant to arrest him and bring him before the court; and F317subsection (3) of section 83 above shall apply in relation to a warrant issued under this section.
(5)
Where under subsection (3) above a later day has in the absence of the offender been fixed in substitution for a day previously fixed under this section, the court shall not issue a warrant under this section unless it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that notice in writing of the substituted day was served on the offender not less than what appears to the court to be a reasonable time before that day.
87 Enforcement of payment of fines by High Court and county court.
(1)
Subject to the provisions of subsection (2) below, payment of a sum adjudged to be paid by a conviction of a magistrates’ court may be enforced by the High Court or F318the county court (otherwise than by issue of a F319writ of control or other process against goods or by imprisonment or attachment of earnings) as if the sum were due to the F320designated officer for the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.
F321(1A)
For the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, the reference in subsection (1) above to “the designated officer for the magistrates' court” shall be construed as a reference to the fines officer.
F322(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F323(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The F324designated officer for the magistrates' court shall not take proceedings by virtue of subsection (1) above to recover any sum adjudged to be paid by a conviction of the court from any person unless F325there has been an inquiry under section 82 above into that person’s means and he appeared to the court to have sufficient means to pay the sum forthwith.
F326(3A)
The fines officer shall not, for the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, take proceedings by virtue of subsection (1) above to recover from any person a sum mentioned in paragraph 1 of that Schedule, unless the fines officer has made an inquiry into that person's means and he appeared to the fines officer to have sufficient means to pay the sum forthwith.
(4)
F327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32887A Fines imposed on companies.
(1)
Where—
(a)
a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and
(b)
the court has issued a F329warrant of control under section 76(1) above for the purpose of levying the sum; and
F330(c)
it appears on the return to the warrant that the company's money and goods are insufficient to pay the amount outstanding,
(2)
F333. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F334(3)
In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
88 Supervision pending payment.
(1)
Where any person is adjudged to pay a sum by a summary conviction and the convicting court does not commit him to prison forthwith in default of payment, the court may, either on the occasion of the conviction or on a subsequent occasion, order him to be placed under the supervision of such person as the court may from time to time appoint.
(2)
An order placing a person under supervision in respect of any sum shall remain in force so long as he remains liable to pay the sum or any part of it unless the order ceases to have effect or is discharged under subsection (3) below.
(3)
An order under this section shall cease to have effect on the making of a transfer of fine order under section 89 below with respect to the sum adjudged to be paid and may be discharged by the court that made it, without prejudice in either case to the making of a new order.
(4)
Where a person under 21 years old has been adjudged to pay a sum by a summary conviction and the convicting court does not commit him to F335detention underF336section 108 of the Powers of Criminal Courts (Sentencing) Act 2000forthwith in default of payment, the court shall not commit him to F337to such detentionin default of payment of the sum, or for want of sufficient F338goods to satisfy the sum, unless he has been placed under supervision in respect of the sum or the court is satisfied that it is undesirable or impracticable to place him under supervision.
(5)
Where a court, being satisfied as aforesaid, commits a person under 21 years old to F339such detentionwithout an order under this section having been made, the court shall state the grounds on which it is so satisfied in the warrant of commitment.
(6)
Where an order placing a person under supervision with respect to a sum is in force, a magistrates’ court shall not commit him to prison in default of payment of the sum, or for want of sufficient F340goods to satisfy the sum, unless the court has before committing him taken such steps as may be reasonably practicable to obtain from the person appointed for his supervision an oral or written report on the offender’s conduct and means and has considered any report so obtained, in addition, in a case where an inquiry is required by section 82 above, to that inquiry.
89 Transfer of fine order.
(1)
Where a magistrates’ court F341in a local justice area has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum and it appears to the court F342, or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be, that the person is residing F343in England and Wales , the court F344or the fines officer, as the case may be, may make a transfer of fine order, that is to say, an order making payments enforceable in F345another local justice area and that area shall be specified in the order.
F346(2)
As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act or under Schedule 5 to the Courts Act 2003 relating to that sum which, if no order had been made, would have been exercisable by any court or person mentioned in column 1 of the Table below shall be exercisable by the court or person mentioned in the corresponding entry in column 2, and not otherwise.
Column 1 | Column 2 |
|---|---|
(A) The court which made the order. (B) A court acting in the same local justice |
In either case, a court acting in the local justice area specified in the order. |
area as was the fines officer who made the |
|
The designated officer for the court mentioned in the row above. | The designated officer for the court mentioned in the row above. |
(A) The fines officer who made the order. (B) A fines officer acting in the same local justice area as was the court which made the order. |
In either case, a fines officer acting in the local justice area specified in the order. |
F347(2A)
The functions of the court to which subsection (2) above relates shall be deemed to include the court’s F348under this Part of this Act power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M13Criminal Justice Act 1991 (power to deduct fines etc from F349universal credit and income support).
F350(3)
A court F351or a fines officer, as the case may be, by which or whom functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.
(4)
In this section and sections 90 and 91 below, references to this Part of this Act do not include references to section 81(1) above.
90 Transfer of fines to Scotland or Northern Ireland.
(1)
Where a magistrates’ court has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum, and it appears to the court F352(or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be) that he is residing—
(a)
within the jurisdiction of a court of summary jurisdiction in Scotland, or
(b)
in any petty sessions district in Northern Ireland,
the court F353(or the fines officer as the case may be) may order that payment of the sum shall be enforceable by that court of summary jurisdiction or, as the case may be, in that petty sessions district.
(2)
An order under this section shall specify the court of summary jurisdiction by which or petty sessions district in which payment of the sum in question is to be enforceable; and if—
(a)
that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and
(b)
payment is to be enforceable in Scotland,
the court to be so specified shall be the sheriff court.
(3)
Where an order is made under this section with respect to any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by F354a magistrates' court in England and Wales or by the designated officer for that court, or by a fines officer shall cease to be so exercisable.
F355(3A)
The functions of the court F356under this Part of this Act which shall cease to be exercisable by virtue of subsection (3) above shall be deemed to include the court’s power to apply to the Secretary of State under regulations made by him under section 24(1)(a) of the Criminal Justice Act 1991 (power to deduct fines from F357universal credit and income support).
91 Transfer of fines from Scotland or Northern Ireland.
(1)
Where a transfer of fine order under section 403 of the M14Criminal Procedure (Scotland) Act 1975 or F358Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 provides that payment of a sum shall be enforceable F359by a magistrates' court in England and Wales, a magistrates' court F360(or a fines officer as the case may be) acting in the area in which the person subject to the order resides, and the F361designated officer for that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act F362(or under Schedule 5 to the Courts Act 2003 as the case may be) in respect of the sum (including power to make an order under section 89 or section 90 above) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1975 or, as the case may be, F363the said Order of 1981 in respect of the sum before the making of the transfer of fine order had been made by that court.
(2)
For the purpose of determing the period of imprisonment which may be imposed under this Act in default of payment of a fine originally imposed by a court in Scotland, Schedule 4 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407 of the M15Criminal Procedure (Scotland) Act 1975.
(3)
Where a transfer of fine order under section 403 of the M16Criminal Procedure (Scotland) Act 1975 or F364Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981provides for the enforcement F365by a magistrates' court in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court F366(or a fines officer as the case may be)F367acting in the area in which the person subject to the order resides shall have all the like functions under this Part of this Act F368(or under Schedule 5 to the Courts Act 2003 as the case may be) , exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of F369section 140(1) of the M17Powers of Criminal Courts (Sentencing)Act 2000F370(or as if he were a fines officer acting in the same local justice area as that court as the case may be) , and as if any order made under the said Act of 1975 or, as the case may be, F371the said Order of 1981 in respect of the fine before the making of the transfer of fine order had been made by that court.
Sums adjudged to be paid by an order
92 Restriction on power to impose imprisonment for default.
(1)
A magistrates’ court shall not exercise its power under section 76 above to issue a warrant to commit to prison a person who makes default in paying a sum adjudged to be paid by an order of such a court except where the default is under—
F372(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
an order F373made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid) ; or
(c)
an order for the payment of any of the taxes, contributions, premiums or liabilities specified in Schedule 4 to the M18Administration of Justice Act 1970.
(2)
This section does not affect the power of a magistrates’ court to issue such a warrant as aforesaid in the case of default in paying a sum adjudged to be paid by a conviction, or treated (by any enactment relating to the collection or enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid.
(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F374
F37593 Complaint for arrears.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37594 Effect of committal on arrears.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37594A Interest on arrears.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37595 Remission of arrears and manner in which arrears to be paid.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96 Civil debt: complaint for non-payment.
(1)
A magistrates’ court shall not commit any person to prison or other detention in default of payment of a sum enforceable as a civil debt or for want of sufficient F376goods to satisfy such a sum except by an order made on complaint and on proof to the satisfaction of the court that that person has, or has had since the date on which the sum was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected to pay it.
(2)
A complaint under this section may be made at any time notwithstanding anything in this or any other Act.
(3)
Where on any such complaint the defendant is committed to custody, such costs incurred by the complainant in proceedings for the enforcement of the sum as the court may direct shall be included in the sum on payment of which the defendant may be released from custody.
F37796A Application of Part III to persons aged 17 to 20.
This Part of this Act shall have effect in relation to a person F378aged 18 or over but less than 21 as if any reference to committing a person to prison, or fixing a term of imprisonment for a default, were a reference to committing the person to, or, as the case may be, to fixing a term of, detention under F379section 108 of the M19Powers of Criminal Courts (Sentencing) Act 2000; and any reference to warrants of commitment, or to periods of imprisonment imposed for default, shall be construed accordingly.
Part IV Witnesses and Evidence
Procuring attendance of witness
97 Summons to witness and warrant for his arrest.
F380(1)
Where a justice of the peace is satisfied that—
(a)
any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information or hearing of a complaint F381... by a magistrates' court, and
(b)
it is in the interests of justice to issue a summons under this subsection to secure the attendance of that person to give evidence or produce the document or thing,
the justice shall issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing.
(2)
If a justice of the peace is satisfied by evidence on oath of the matters mentioned in subsection (1) above, and also that it is probable that a summons under that subsection would not procure the attendance of the person in question, the justice may instead of issuing a summons issue a warrant to arrest that person and bring him before such a court as aforesaid at a time and place specified in the warrant; but a warrant shall not be issued under this subsection where the attendance is required for the hearing of a complaint F382... .
F383(2A)
A summons may also be issued under subsection (1) above if the justice is satisfied that the person in question is outside the British Islands but no warrant shall be issued under subsection (2) above unless the justice is satisfied by evidence on oath that the person in question is in England or Wales.
F384(2B)
A justice may refuse to issue a summons under subsection (1) above in relation to the summary trial of an information if he is not satisfied that an application for the summons was made by a party to the case as soon as reasonably practicable after the accused pleaded not guilty.
(2C)
In relation to the summary trial of an information, subsection (2) above shall have effect as if the reference to the matters mentioned in subsection (1) above included a reference to the matter mentioned in subsection (2B) above.
(3)
On the failure of any person to attend before a magistrates’ court in answer to a summons under this section, if—
(a)
the court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings; and
(b)
it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons, and that a reasonable sum has been paid or tendered to him for costs and expenses; and
(c)
it appears to the court that there is no just excuse for the failure,
the court may issue a warrant to arrest him and bring him before the court at a time and place specified in the warrant.
(4)
If any person attending or brought before a magistrates’ court refuses without just excuse to be sworn or give evidence, or to produce any document or thing, the court may commit him to custody until the expiration of such period not exceeding F385one month as may be specified in the warrant or until he sooner gives evidence or produces the document or thing F386or impose on him a fine not exceeding F387£2,500 or both.
F388(5)
A fine imposed under subsection (4) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
F38997A Summons or warrant as to committal proceedings.
F390(1)
Subsection (2) below applies where a justice of the peace F391. . . is satisfied that—
(a)
any person in England or Wales is likely to be able to make on behalf of the prosecutor a written statement containing material evidence, or produce on behalf of the
prosecutor a document or other exhibit likely to be material evidence, for the purposes of proceedings before a magistrates’ court inquiring into an offence as examining
justices, F392and
F393(b)
it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or other exhibit, F394. . .
(c)
F394. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
In such a case the justice shall issue a summons directed to that person requiring him to attend before a justice at the time and place appointed in the summons to have his
evidence taken as a deposition or to produce the document or other exhibit.
(3)
If a justice of the peace is satisfied by evidence on oath of the matters mentioned in subsection (1) above, and also that it is probable that a summons under subsection (2)
above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the person concerned and bring him before a justice at
the time and place specified in the warrant.
(4)
A summons may also be issued under subsection (2) above if the justice is satisfied that the person concerned is outside the British Islands, but no warrant may be issued
under subsection (3) above unless the justice is satisfied by evidence on oath that the person concerned is in England or Wales.
(5)
If—
(a)
a person fails to attend before a justice in answer to a summons under this section,
(b)
the justice is satisfied by evidence on oath that he is likely to be able to make a statement or produce a document or other exhibit as mentioned in subsection (1)(a)
above,
(c)
it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons and that a reasonable sum has been paid or tendered to him
for costs and expenses, and
(d)
it appears to the justice that there is no just excuse for the failure,
the justice may issue a warrant to arrest him and bring him before a justice at a time and place specified in the warrant.
(6)
Where—
(a)
a summons is issued under subsection (2) above or a warrant is issued under subsection (3) or (5) above, and
(b)
the summons or warrant is issued with a view to securing that a person has his evidence taken as a deposition,
the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before a magistrates’ court begins to
inquire into the offence concerned as examining justices.
(7)
If any person attending or brought before a justice in pursuance of this section refuses without just excuse to have his evidence taken as a deposition, or to produce the
document or other exhibit, the justice may do one or both of the following—
(a)
commit him to custody until the expiration of such period not exceeding one month as may be specified in the summons or warrant or until he sooner has his evidence taken as
a deposition or produces the document or other exhibit;
(b)
impose on him a fine not exceeding £2,500.
(8)
A fine imposed under subsection (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(9)
If in pursuance of this section a person has his evidence taken as a deposition, the F395designated officer for
the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor.
(10)
If in pursuance of this section a person produces an exhibit which is a document, the F395designated officer for
the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor.
(11)
If in pursuance of this section a person produces an exhibit which is not a document, the F395designated officer for
the justice concerned shall as soon as is reasonably practicable inform the prosecutor of the fact and of the nature of the exhibit.
Evidence generally
98 Evidence on oath.
Subject to the provisions of any enactment or rule of law authorising the reception of unsworn evidence, evidence given before a magistrates’ court shall be given on oath.
99 Proof of non-payment of sum adjudged.
Where a magistrates’ court has ordered one person to pay to another any sum of money, and proceedings are taken before that or any other magistrates’ court to enforce payment of that sum, then—
(a)
(b)
in any other case a document purporting to be a statutory declaration by the person to whom the sum is ordered to be paid that the sum has not been paid to him,
shall be admissible as evidence that the sum has not been paid to him, unless the court requires F398the designated officer or other person to be called as a witness.
100 Statement of wages to be evidence.
A statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts therein stated in any proceedings taken before a magistrates’ court—
(a)
for enforcing payment by the person to whom the wages are stated to have been paid of a sum adjudged to be paid by a summary conviction or order; F399...
F399(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 Onus of proving exceptions, etc.
Where the defendant to an information or complaint relies for his defence on any exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or matter of complaint in the enactment creating the offence or on which the complaint is founded, the burden or proving the exception, exemption, proviso, excuse or qualification shall be on him; and this notwithstanding that the information or complaint contains an allegation negativing the exception, exemption, proviso, excuse or qualification.
Evidence in criminal cases
F400102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F401103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc.
F402F403(1)
In any proceedings before a magistrates’ court inquiring as examining justices into an offence to which this section applies, a statement made in writing by or taken
in writing from a child shall be admissible in evidence of any matter.
(2)
This section applies—
(a)
to an offence which involves an assault, or injury or a threat of injury to, a person;
(b)
to an offence under section 1 of the M20Children and Young Persons Act 1933 (cruelty to persons under 16);
(c)
(d)
to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within
paragraph (a), (b) or (c) above.
F406(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F406(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F407(5)
In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.
104 Proof of previous convictions.
Where a person is convicted of a summary offence by a magistrates’ court, other than a F408youth court, and—
(a)
it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that not less than 7 days previously a notice was served on the accused in the prescribed form and manner specifying any alleged previous conviction of the accused of a summary offence proposed to be brought to the notice of the court in the event of his conviction of the offence charged; and
(b)
the accused is not present in person before the court,
the court may take account of any such previous conviction so specified as if the accused had appeared and admitted it.
F409105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences
106 False written statements tendered in evidence.
F410(1)
If any person in a written statement F411admitted in evidence in criminal
proceedings by virtue of F411section 5B above wilfully makes a statement material in
those proceedings which he knows to be false or does not believe to be true, he shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a
fine or both.
(2)
The M23Perjury Act 1911 shall have effect as if this section were contained in that Act.
107 False statements in declaration proving service, etc.
If, in any solemn declaration, certificate or other writing made or given for the purpose of its being used in pursuance of F412rules of court as evidence of the service of any document or the handwriting or seal of any person, a person makes a statement that he knows to be false in a material particular, or recklessly makes any statement that is false in a material particular, he shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding F413level 3 on the standard scale or both.
Part V Appeal and Case Stated
Appeal
108 Right of appeal to the Crown Court.
(1)
A person convicted by a magistrates’ court may appeal to the Crown Court—
(a)
if he pleaded guilty, against his sentence;
(b)
if he did not, against the conviction or sentence.
F414(1A)
F415Section 14 of the M24Powers of Criminal Courts(Sentencing) Act 2000 (under which a conviction of an offence for which F416. . . an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.
(2)
A person sentenced by a magistrates’ court for an offence in respect of which F417. . . an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.
(3)
In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—
(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F418
(b)
an order for the payment of costs;
(c)
(d)
an order made in pursuance of any enactment under which the court has no discretion as to the making of the order or its terms
F423(4)
Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 161A of the Criminal Justice Act 2003.
F424(5)
Subsection (3) does not prevent an appeal against an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).
109 Abandonment of appeal.
(1)
Where notice to abandon an appeal has been duly given by the appellant—
(a)
the court against whose decision the appeal was brought may issue process for enforcing that decision, subject to anything already suffered or done under it by the appellant; and
(b)
the said court may, on the application of the other party to the appeal, order the appellant to pay to that party such costs as appear to the court to be just and reasonable in respect of expenses properly incurred by that party in connection with the appeal before notice of the abandonment was given to that party.
(2)
In this section “appeal” means an appeal from a magistrates’ court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates’ court to have been given in accordance with F425rules of court .
110 Enforcement of decision of the Crown Court.
After the determination by the Crown Court of an appeal from a magistrates’ court the decision appealed against as confirmed or varied by the Crown Court, or any decision of the Crown Court substituted for the decision appealed against, may, without prejudice to the powers of the Crown Court to enforce the decision, be enforced—
(a)
by the issue by the court by which the decision appealed against was given of any process that it could have issued if it had decided the case as the Crown Court decided it;
(b)
so far as the nature of any process already issued to enforce the decision appealed against permits, by that process;
and the decision of the Crown Court shall have effect as if it had been made by the magistrates’ court against whose decision the appeal is brought.
Case stated
111 Statement of case by magistrates’ court.
(1)
Any person who was a party to any proceeding before a magistrates’ court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved; but a person shall not make an application under this section in respect of a decision against which he has a right of appeal to the High Court or which by virtue of any enactment passed after 31st December 1879 is final.
(2)
An application under subsection (1) above shall be made within 21 days after the day on which the decision of the magistrates’ court was given.
(3)
For the purpose of subsection (2) above, the day on which the decision of the magistrates’ court is given shall, where the court has adjourned the trial of an information after conviction, be the day on which the court sentences or otherwise deals with the offender.
(4)
On the making of an application under this section in respect of a decision any right of the applicant to appeal against the decision to the Crown Court shall cease.
(5)
If the justices are of opinion that an application under this section is frivolous, they may refuse to state a case, and, if the applicant so requires, shall give him a certificate stating that the application has been refused; but the justices shall not refuse to state a case if the application is made by or under the direction of the Attorney General.
(6)
Where justices refuse to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the justices to state a case.
F426(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F427111AAppeals on ground of error of law etc in F428child support proceedings
(1)
This section applies in relation to F429proceedings under the Child Support Act 1991 in a magistrates' court.
(2)
Any person who was a party to any proceeding before the court, or is aggrieved by the order, determination or other proceeding of the court, may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by appealing to F430the family court.
(3)
But a person may not appeal under subsection (2) in respect of a decision if-
(a)
(b)
the decision is final by virtue of any enactment passed after 31st December 1879.
(4)
A notice of appeal under subsection (2) shall be filed within 21 days after the day on which the decision of the magistrates' court was given.
F433(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112F434Effect of decisions made on case stated or on appeal
F435[(1)]
Any conviction, order, determination or other proceeding of a magistrates’ court varied by the High Court on an appeal by case stated, and any judgment or order of the High Court on such an appeal, may be enforced as if it were a decision of the magistrates’ court from which the appeal was brought.
F436(2)
Any order, determination or other proceeding of a magistrates' court varied by F437the family court on an appeal under section 111A, and any judgment or order of F437the family court on such an appeal, may be enforced as if it were a decision of the magistrates' court from which the appeal was brought.
Supplemental provisions as to appeal and case stated
113 Bail on appeal or case stated.
(1)
Where a person has given notice of appeal to the Crown Court against the decision of a magistrates’ court or has applied to a magistrates’ court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates’ court may F438, subject to section 25 of the Criminal Justice and Public Order Act 1994, grant him bail.
(2)
If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be—
(a)
if he has given notice of appeal, the Crown Court at the time appointed for the hearing of the appeal;
(b)
if he has applied for the statement of a case, the magistrates’ court at such time within 10 days after the judgment of the High Court has been given as may be specified by the magistrates’ court;
and any recognizance that may be taken from him or from any surety for him shall be conditioned accordingly.
(3)
Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 F439section 3 of the Powers of Criminal Courts (Sentencing) Act 2000.
(4)
Section 37(6) of the M25Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates’ court under this section pending the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the M26Criminal Justice Act 1967.
114 Recognizances and fees on case stated.
Justices to whom application has been made to state a case for the opinion of the High Court on any proceeding of a magistrates’ court shall not be required to state the case until the applicant has entered into a recognizance, with or without sureties, before the magistrates’ court, conditioned to prosecute the appeal without delay and to submit to the judgment of the High Court and pay such costs as that Court may award; and (except in any criminal matter) F440a F441designated officer for the court shall not be required to deliver the case to the applicant until the applicant has paid F442the fees payable for the case and for the recognizances to the F443designated officer F444....
Part VI Recognizances
Recognizances to keep the peace or be of good behaviour
115 Binding over to keep the peace or be of good behaviour.
(1)
The power of a magistrates’ court on the complaint of any person to adjudge any other person to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour towards the complainant shall be exercised by order on complaint.
(2)
Where a complaint is made under this section, the power of the court to remand the defendant under subsection (5) of section 55 above shall not be subject to the restrictions imposed by subsection (6) of that section.
(3)
If any person ordered by a magistrates’ court under subsection (1) above to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order.
116 Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.
(1)
On complaint being made to a justice of the peace F445. . . by a surety to a recognizance to keep the peace or to be of good behaviour entered into before a magistrates’ court that the person bound by the recognizance as principal has been, or is about to be, guilty of conduct constituting a breach of the conditions of the recognizance, the justice mayF446. . . issue a warrant to arrest the principal and bring him before a magistrates’ court F447. . . or a summons requiring the principal to appear before such a court; but the justice shall not issue a warrant unless the complaint is in writing and substantiated on oath.
(2)
The magistrates’ court before which the principal appears or is brought in pursuance of such a summons or warrant as aforesaid may, unless it adjudges the recognizance to be forfeited, order the recognizance to be discharged and order the principal to enter into a new recognizance, with or without sureties, to keep the peace or to be of good behaviour.
(3)
F448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provisions
117 Warrant endorsed for bail.
(1)
A justice of the peace on issuing a warrant for the arrest of any person may grant him bail by endorsing the warrant for bail, that is to say, by endorsing the warrant with a direction in accordance with subsection (2) below.
F449(1A)
Subsection (1) is subject to section 115(1) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge).
(2)
A direction for bail endorsed on a warrant under subsection (1) above shall—
(a)
in the case of bail in criminal proceedings, state that the person arrested is to be released on bail subject to a duty to appear before such magistrates’ court and at such time as may be specified in the endorsement;
(b)
in the case of bail otherwise than in criminal proceedings, state that the person arrested is to be released on bail on his entering into such a recognizance (with or without sureties) conditioned for his appearance before a magistrates’ court as may be specified in the endorsement;
and the endorsement shall fix the amounts in which any sureties and, in a case falling within paragraph (b) above, that person is or are to be bound.
F450(3)
Where a warrant has been endorsed for bail under subsection (1) above—
(a)
where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance; and
(b)
where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.
118 Varying or dispensing with requirement as to sureties.
(1)
Subject to subsection (2) below, where a magistrates’ court has committed a person to custody in default of finding sureties, the court may, on application by or on behalf of the person committed, and after hearing fresh evidence, reduce the amount in which it is proposed that any surety should be bound or dispense with any of the sureties or otherwise deal with the case as it thinks just.
(2)
Subsection (1) above does not apply in relation to a person granted bail in criminal proceedings.
119 Postponement of taking recognizance.
(1)
Where a magistrates’ court has power to take any recognizance, the court may, instead of taking it, fix the amount in which the principal and his sureties, if any, are to be bound; and thereafter the recognizance may be taken by any such person as may be prescribed.
(2)
Where, in pursuance of this section, a recognizance is entered into otherwise than before the court that fixed the amount of it, the same consequences shall follow as if it had been entered into before that court; and references in this or any other Act to the court before which a recognizance was entered into shall be construed accordingly.
(3)
Nothing in this section shall enable a magistrates’ court to alter the amount of a recognizance fixed by the High Court F451or the Crown Court.
120 Forfeiture of recognizance.
F452(1)
This section applies where—
(a)
a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court; or
(b)
any recognizance is conditioned for the appearance of a person before a magistrates’ court, or for his doing any other thing connected with a proceeding before a magistrates’ court.
(1A)
If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates’ court, the accused fails to appear in accordance with the condition, the court shall—
(a)
declare the recognizance to be forfeited;
(b)
issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound;
and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.
(2)
If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates’ court to be forfeited, the court may—
(a)
declare the recognizance to be forfeited; and
(b)
adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound;
but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint.
(3)
The court which declares the recognizance to be forfeited may, instead of adjudging any person to pay the whole sum in which he is bound, adjudge him to pay part only of the sum or remit the sum.
(4)
Payment of any sum adjudged to be paid under this section, including any costs awarded against the defendant, may be enforced, and any such sum shall be applied, as if it were a fine and as if the adjudication were a summary conviction of an offence not punishable with imprisonment and so much of section 85(1) above as empowers a court to remit fines shall not apply to the sum but so much thereof as relates to remission after a term of imprisonment has been imposed shall so apply; but at any time before the issue of a warrant of commitment to enforce payment of the sum, or before the sale of goods under a F453warrant of control to satisfy the sum, the court may remit the whole or any part of the sum either absolutely or on such conditions as the court thinks just.
(5)
A recognizance such as is mentioned in this section shall not be enforced otherwise than in accordance with this section, and accordingly shall not be transmitted to the Crown Court nor shall its forfeiture be certified to that Court.
Part VII Miscellaneous and Supplementary
Constitution and place of sitting of magistrates’ courts
121 Constitution and place of sitting of court.
(1)
A magistrates’ court shall not try an information summarily or hear a complaint except when composed of at least 2 justices unless the trial or hearing is one that by virtue of any enactment may take place before a single justice.
(2)
A magistrates’ court shall not hold an inquiry into the means of an offender for the purposes of section 82 above F454or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment except when composed of at least 2 justices.
(3)
F455. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F456(4)
Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is—
(a)
trying summarily an information for an indictable offence,
(b)
trying an information for a summary offence,
(c)
imposing imprisonment,
(d)
hearing a complaint, or
(e)
holding an inquiry into the means of an offender for the purposes of section 82.
(5)
A magistrates’ court composed of a single justice F457. . . , shall not impose imprisonment for a period exceeding 14 days or order a person to pay more than £1.
F458(5A)
A magistrates' court that is trying a summary offence in accordance with section 16A is restricted to the following in dealing with the accused for the offence—
(a)
imposing a fine;
(b)
imposing a penalty under section 102(3)(aa) of the Customs and Excise Management Act 1979 or section 29, 35A or 37 of the Vehicle Excise and Registration Act 1994 (penalties imposed for certain offences in relation to vehicle excise licences);
(c)
ordering an amount to be paid under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);
(d)
making an order under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders);
(e)
ordering payment of a surcharge under section 161A of the Criminal Justice Act 2003 (victim surcharge);
(f)
making an order as to costs to be paid by the accused to the prosecutor under section 18 of the Prosecution of Offences Act 1985;
(g)
making an order as to costs to be paid by the accused by virtue of section 19 of the Prosecution of Offences Act 1985;
(h)
ordering payment of a charge under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);
(i)
making an order under section 30A of the Road Traffic Offenders Act 1988 (order to disregard penalty points if approved course attended);
(j)
making an order under section 34 or 35 of the Road Traffic Offenders Act 1988 (disqualification from driving);
(k)
making an order under section 44 of the Road Traffic Offenders Act 1988 (endorsement of a driving record);
(l)
making an application to the Secretary of State by virtue of section 24(1)(a) of the Criminal Justice Act 1991 (benefit deductions);
(m)
making an attachment of earnings order under Part 3 of Schedule 5 to the Courts Act 2003;
(n)
making an application for benefits deductions to the Secretary of State under Part 3 of Schedule 5 to the Courts Act 2003;
(o)
making a collection order under Part 4 of Schedule 5 to the Courts Act 2003;
(p)
discharging the accused absolutely or conditionally.
(5B)
The limit in subsection (5) does not apply to fines imposed as described in subsection (5A).
(6)
Subject to the provisions of subsection (7) below, the justices composing the court before which any proceedings take place shall be present during the whole of the proceedings; but, if during the course of the proceedings any justice absents himself, he shall cease to act further therein and, if the remaining justices are enough to satisfy the requirements of the preceding provisions of this section, the proceedings may continue before a court composed of those justices.
(7)
Where the trial of an information is adjourned after the accused has been convicted and before he is sentenced or otherwise dealt with, the court which sentences or deals with him need not be composed of the same justices as that which convicted him; but, where among the justices composing the court which sentences or deals with an offender there are any who were not sitting when he was convicted, the court which sentences or deals with the offender shall before doing so make such inquiry into the facts and circumstances of the case as will enable the justices who were not sitting when the offender was convicted to be fully acquainted with those facts and circumstances.
F459(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appearance by counsel or solicitor
122 Appearance by counsel or solicitor.
(1)
A party to any proceedings before a magistrates’ court may be represented by F460a legal representative.
(2)
Subject to subsection(3) below, an absent party so represented shall be deemed not to be absent.
(3)
Appearance of a party by F460a legal representative shall not satisfy any provision of any enactment or any condition of a recognizance expressly requiring his presence.
Process
123 Defect in process.
(1)
No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.
(2)
If it appears to a magistrates’ court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.
F461(3)
In the application of this section to proceedings conducted in accordance with section 16A—
(a)
a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and
(b)
subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “
is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A
”
.
124 Process valid notwithstanding death, etc., of justice.
A warrant or summons issued by a justice of the peace shall not cease to have effect by reason of his death or his ceasing to be a justice.
125 Warrants.
(1)
(2)
F470125ZAWarrants of control
(1)
This section applies to a warrant of control issued by a justice of the peace.
(2)
The person to whom it is directed must endorse the warrant as soon as possible after receiving it.
(3)
For the purposes of this section a person endorses a warrant by inserting on the back the date and time when he received it.
(4)
No fee may be charged for endorsing a warrant under this section.
F471125A Civilian enforcement officers.
(1)
A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.
(2)
In this section “civilian enforcement officer”, in relation to a warrant, means a person who—
(a)
is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and
(b)
is authorised in the prescribed manner to execute warrants.
(3)
The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or F472control issued by a justice of the peace—
(a)
under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor F473. . . ; or
(b)
for the enforcement of a court order of any description so specified.
F474(3A)
Subsection (1) also applies to any warrant of F475control issued under Schedule 5 to the Courts Act 2003 by a court or fines officer.
(4)
Where a warrant has been executed by a civilian enforcement officer, a written statement indicating—
(a)
the name of the officer;
(b)
the authority by which he is employed; and
(c)
that he is authorised in the prescribed manner to execute warrants,
shall, on the demand of the person arrested, committed or detained or F476, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
(5)
The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F477125B Execution by approved enforcement agency.
(1)
A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales—
(a)
by an individual who is an approved enforcement agency;
(b)
by a director of a company which is an approved enforcement agency;
(c)
by a partner in a partnership which is an approved enforcement agency; or
(d)
by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.
(2)
In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved F478by the Lord Chancellor .
F479(2A)
The Lord Chancellor must maintain a register containing the names of all persons and bodies approved by him under subsection (2) and must make such arrangements as he considers appropriate for making the register available for inspection.
(3)
F480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or F481, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
(5)
The matters referred to in subsection (4) above are—
(a)
the name of the person by whom the warrant was executed;
(b)
if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;
(c)
if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and
(d)
the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained F482by the Lord Chancellor under subsection (2A) .
F483(6)
A decision by the Lord Chancellor to revoke the approval of a person or body under subsection (2) does not have effect to revoke the approval until the Lord Chancellor has informed the person or body of the decision.
F484125BAPowers of persons authorised under section 125A or 125B
Schedule 4A to this Act, which confers powers on persons authorised under section 125A or 125B for the purpose of executing warrants for the enforcement of fines and other orders, shall have effect.
F485125C Disclosure of information for enforcing warrants.
(1)
(2)
In this section—
“basic personal information” means a person’s name, date of birth or national insurance number or the address (or any of the addresses) of a person;
“relevant public authority” means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and
“a section 125A(1) warrant” means a warrant to which section 125A(1) above applies F488. . .
(3)
Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to—
(a)
any person entitled to execute the warrant;
(b)
any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or
(4)
A person who intentionally or recklessly—
(a)
discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or
(b)
uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,
commits an offence.
(5)
But it is not an offence under subsection (4) above—
(a)
to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b)
to disclose any information which has previously been lawfully disclosed to the public.
(6)
A person guilty of an offence under subsection (4) above is liable—
(a)
on summary conviction, to a fine not exceeding the statutory maximum; or
(b)
on conviction on indictment, to a fine.
(7)
The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F491125CAPower to make disclosure order
(1)
A magistrates' court may make a disclosure order if satisfied that it is necessary to do so for the purpose of executing a warrant to which this section applies.
(2)
This section applies to a warrant of arrest, commitment, detention or F492control issued by a justice of the peace in connection with the enforcement of a fine or other order imposed or made on conviction.
(3)
A disclosure order is an order requiring the person to whom it is directed to supply the designated officer for the court with any of the following information about the person to whom the warrant relates—
(a)
his name, date of birth or national insurance number;
(b)
his address (or any of his addresses).
(4)
A disclosure order may be made only on the application of a person entitled to execute the warrant.
(5)
This section applies to the Crown as it applies to other persons.
125CBUse of information supplied under disclosure order
(1)
Information supplied to a person under a disclosure order, or under this subsection, may be supplied by him to—
(a)
the applicant for the order or any other person entitled to execute the warrant concerned;
(b)
any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant;
(c)
any F493... person appointed under section 2(1) of the Courts Act 2003.
(2)
A person who intentionally or recklessly—
(a)
discloses information supplied under a disclosure order otherwise than as permitted by subsection (1) above, or
(b)
uses information so supplied otherwise than for the purpose of facilitating the execution of the warrant concerned,
commits an offence.
(3)
But it is not an offence under subsection (2) above—
(a)
to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b)
to disclose any information which has previously been lawfully disclosed to the public.
(4)
A person guilty of an offence under subsection (2) above is liable—
(a)
on summary conviction, to a fine not exceeding the statutory maximum;
(b)
on conviction on indictment, to a fine.
(5)
In this section “disclosure order” has the meaning given by section 125CA(3) above.
F494125D Execution by person not in possession of warrant.
(1)
A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.
(2)
A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.
(3)
Subsection (2) above applies to—
(a)
a warrant to arrest a person in connection with an offence;
F495(b)
a warrant under section 313, 314 or 317 of the Armed Forces Act 2006;
F496(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
a warrant under section 47(8) of the M27Family Law Act 1996 (failure to comply with occupation order or non-molestation order);
(e)
a warrant under paragraph 4 of Schedule 3 to the M28Crime and Disorder Act 1998 (unwilling witnesses);
(f)
a warrant under paragraph 3(2) of Schedule 1 to the M29Youth Justice and Criminal Evidence Act 1999 (offenders referred to court by youth offender panel); and
(g)
a warrant under section 55, 76, 93, 97 or 97A above.
(4)
Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or F497, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
126 Execution of certain warrants outside England and Wales.
F498Section 13(1) and (2) of the M30Indictable Offences Act 1848 (which relate, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of warrants of arrest for the offences referred to in those sections) shall, so far as applicable, apply to—
(a)
warrants of arrest issued under section 1 above for offences other than F499indictable offences ;
(b)
warrants of arrest issued under section 13 above;
(c)
warrants of arrest issued under section 97 above other than warrants issued in bastardy proceedings to arrest a witness;F500. . .
F501(cc)
warrants of arrest issued under section 97A above;
(d)
warrants of commitment issued under this Act F502;and
(e)
warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998; F503and
(f)
warrants of arrest issued under paragraph 3(2) of Schedule 1 to F504the Powers of Criminal Courts (Sentencing) Act 2000 (offender referred to court by youth offender panel).
Limitation of time
127 Limitation of time.
(1)
Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
(2)
Nothing in—
(a)
subsection (1) above; or
(b)
subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,
shall apply in relation to any indictable offence.
(3)
Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).
(4)
Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.
Remand
128 Remand in custody or on bail.
(1)
Where a magistrates’ court has power to remand any person, then, subject to section 4 of the M31Bail Act 1976 and to any other enactment modifying that power, the court may—
(a)
remand him in custody, that is to say, commit him to custody to be brought before the court F505, subject to subsection (3A) below, at the end of the period of remand or at such earlier time as the court may require; or
(b)
where it is F506inquiring into or trying an offence alleged to have been committed by that person or has convicted him of an offence, remand him on bail in accordance with the M32Bail
Act 1976, that is to say, by directing him to appear as provided in subsection (4) below; or
(c)
except in a case falling within paragraph (b) above, remand him on bail by taking from him a recognizance (with or without sureties) conditioned as provided in that subsection;
and may, in a case falling within paragraph (c) above, instead of taking recognizances in accordance with that paragraph, fix the amount of the recognizances with a view to their being taken subsequently in accordance with section 119 above.
F507(1A)
Where—
(a)
(b)
he is before the court; and
F512(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
he is legally represented in that court,
it shall be the duty of the court—
(i)
to explain the effect of subsections (3A) and (3B) below to him in ordinary language; and
(ii)
to inform him in ordinary language that, notwithstanding the procedure for a remand without his being brought before a court, he would be brought before a court for the hearing and determination of at least every fourth application for his remand, and of every application for his remand heard at a time when it appeared to the court that he had no F513legal representativeacting for him in the case.
(1B)
For the purposes of subsection (1A) above a person is to be treated as legally represented in a court if, but only if, he has the assistance of F514a legal representative to represent him in the proceedings in that court.
(1C)
After explaining to an accused as provided by subsection (1A) above the court shall ask him whether he consents to hearing and determination of such applications in his absence.
(2)
Where the court fixes the amount of a recognizance under subsection (1) above or section 8(3) of the M33Bail Act 1976 with a view to its being taken subsequently the court shall in the meantime commit the person so remanded to custody in accordance with paragraph (a) of the said subsection (1).
(3)
Where a person is brought before the court after remand, the court may further remand him.
F515(3A)
Subject to subsection (3B) below, where a person has been remanded in custody F516and the remand was not a remand under
section 128A below for a period exceeding 8 clear days,, the court may further remand him F516(otherwise
than in the exercise of the power conferred by that section)on an adjournment under section F5175, 10(1) F509,
17CF511, 18(4) or 24C above without his being brought before it if it is satisfied—
(a)
that he gave his consent, either in response to a question under subsection (1C) above or otherwise, to the hearing and determination in his absence of any application for his remand on an adjournment of the case under any of those provisions; and
(b)
that he has not by virtue of this subsection been remanded without being brought before the court on more than two such applications immediately preceding the application which the court is hearing; and
F518(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
that he has not withdrawn his consent to their being so heard and determined.
(3B)
The court may not exercise the power conferred by subsection (3A) above if it appears to the court, on an application for a further remand being made to it, that the person to whom the application relates has no F519legal representative acting for him in the case (whether present in court or not).
(3C)
Where—
(a)
(b)
an application is subsequently made for his further remand on such an adjournment; and
(c)
he is not brought before the court which hears and determines the application; and
(d)
that court is not satisfied as mentioned in subsection (3A) above,
the court shall adjourn the case and remand him in custody for the period for which it stands adjourned.
(3D)
An adjournment under subsection (3C) above shall be for the shortest period that appears to the court to make it possible for the accused to be brought before it.
(3E)
Where—
(a)
(b)
it subsequently appears—
(i)
to the court which remanded him in custody; or
(ii)
to an alternate magistrates’ court to which he is remanded under section 130 below,
that he ought not to have been remanded in custody in his absence, the court shall require him to be brought before it at the earliest time that appears to the court to be possible.
(4)
Where a person is remanded on bail under subsection (1) above the court may, where it remands him on bail in accordance with the Bail Act 1976 direct him to appear or, in any other case, direct that his recognizance be conditioned for his appearance—
(a)
before that court at the end of the period of remand; or
(b)
at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned;
and, where it remands him on bail conditionally on his providing a surety during an inquiry into an offence alleged to have been committed by him, may direct that the recognizance of the surety be conditioned to secure that the person so bailed appears—
(c)
at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned and also before the Crown Court in the event of the person so bailed being committed for trial there.
(5)
Where a person is directed to appear or a recognizance is conditioned for a person’s appearance in accordance with paragraph (b) or (c) of subsection (4) above, the fixing at any time of the time for him next to appear shall be deemed to be a remand; but nothing in this subsection or subsection (4) above shall deprive the court of power at any subsequent hearing to remand him afresh.
(6)
Subject to the provisions of F524sections 128A and 129 below, a magistrates’ court shall not remand a person for a period exceeding 8 clear days, except that—
(a)
if the court remands him on bail, it may remand him for a longer period if he and the other party consent;
(b)
where the court adjourns a trial under section 10(3) F525above or section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, the court may remand him for the period of the adjournment;
(c)
where a person is charged with an offence triable either way, then, if it falls to the court to try the case summarily but the court is not at the time so constituted, and sitting in such a place, as will enable it to proceed with the trial, the court may remand him until the next occasion on which it will be practicable for the court to be so constituted, and to sit in such a place, as aforesaid, notwithstanding that the remand is for a period exceeding 8 clear days.
(7)
A magistrates’ court having power to remand a person in custody may, if the remand is for a period not exceeding 3 clear days, commit him to F526detention at a police station.
F527(8)
Where a person is committed to detention at a police station under subsection (7) above—
(a)
he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;
(b)
if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases;
(c)
he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;
(d)
his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).
F528128A Remands in custody for more than eight days.
(1)
The Secretary of State may by order made by statutory instrument provide that this section shall have effect—
(a)
in an area specified in the order; or
(b)
in proceedings of a description so specified,
in relation to any accused person (“the accused”) F529. . ..
(2)
A magistrates’ court may remand the accused in custody for a period exceeding 8 clear days if—
(a)
it has previously remanded him in custody for the same offence; and
(b)
he is before the court,
but only if, after affording the parties an opportunity to make representations, it has set a date on which it expects that it will be possible for the next stage in the proceedings, other than a hearing relating to a further remand in custody or on bail, to take place, and only—
(i)
for a period ending not later than that date; or
(ii)
for a period of 28 clear days,
whichever is the less.
(3)
Nothing in this section affects the right of the accused to apply for bail during the period of the remand.
(4)
A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.
129 Further remand.
(1)
If a magistrates’ court is satisfied that any person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time; and section 128(6) above shall not apply.
(2)
Notwithstanding anything in section 128(1) above, the power of a court under subsection (1) above to remand a person on bail for a further time—
(a)
where he was granted bail in criminal proceedings, includes power to enlarge the recognizance of any surety for him to a later time;
(b)
where he was granted bail otherwise than in criminal proceedings, may be exercised by enlarging his recognizance and those of any sureties for him to a later time.
(3)
Where a person remanded on bail is bound to appear before a magistrates’ court at any time and the court has no power to remand him under subsection (1) above, the court may in his absence—
(a)
where he was granted bail in criminal proceedings, appoint a later time as the time at which he is to appear and enlarge the recognizances of any sureties for him to that time;
(b)
where he was granted bail otherwise than in criminal proceedings, enlarge his recognizance and those of any sureties for him to a later time;
and the appointment of the time or the enlargement of his recognizance shall be deemed to be a further remand.
(4)
Where a magistrates’ court F530sends a person to the Crown Court for trial on bail and the recognizance of any surety for him has been conditioned in accordance with paragraph (a) of subsection (4) of section 128 above the court may, in the absence of the surety, enlarge his recognizance so that he is bound to secure that the person so F531sent for trial appears also before the Crown Court.
130 Transfer of remand hearings.
(1)
A magistrates’ court adjourning a case under section F5325, 10(1) F533, 17C F534, 18(4) or 24C above, and remanding the accused in custody, may, if he has attained the age of 17, order that he be brought up for any subsequent remands before an alternate
magistrates’ court nearer to the prison where he is to be confined while on remand.
(2)
The order shall require the accused to be brought before the alternate court at the end of the period of remand or at such earlier time as the alternate court may require.
(3)
While the order is in force, the alternate court shall, to the exclusion of the court which made the order, have F535all of the following powers which that court would have had but for the order—
(a)
powers in relation to further remand (whether in custody or on bail), and
(b)
powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(4)
The alternate court may, on remanding the accused in custody, require him to be brought before the court which made the order at the end of the period of remand or at such earlier time as that court may require; and, if the alternate court does so, or the accused is released on bail, the order under subsection (1) above shall cease to be in force.
F536(4A)
Where a magistrates’ court is satisfied as mentioned in section 128(3A) above—
(a)
subsection (1) above shall have effect as if for the words “he be brought up for any subsequent remands before” there were substituted the words “applications for any subsequent remands be made to”;
(b)
subsection (2) above shall have effect as if for the words “the accused to be brought before” there were substituted the words “an application for a further remand to be made to” and
(c)
subsection (4) above shall have effect as if for the words “him to be brought before” there were substituted the words “an application for a further remand to be made to”.
(5)
Schedule 5 to this Act shall have effect to supplement this section.
131 Remand of accused already in custody.
(1)
When a magistrates’ court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.
(2)
But the court shall inquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.
F537(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F538(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on imprisonment
132 Minimum term.
A magistrates’ court shall not impose imprisonment for less than 5 days.
133 Consecutive terms of imprisonment.
(1)
F539Subject to section 265 of the Criminal Justice Act 2003,a magistrates’ court imposing imprisonment F540or youth custody on any person may order that the term of imprisonment F540or youth custody shall commence on the expiration of any other term of imprisonment F540or youth custody imposed by that or any other court; but where a magistrates’ court imposes two or more terms of imprisonment F540or youth custody to run consecutively the aggregate of such terms shall not, subject to the provisions of this section, exceed 6 months.
(2)
If two or more of the terms imposed by the court are imposed in respect of an offence triable either way which was tried summarily otherwise than in pursuance of section 22(2) above, the aggregate of the terms so imposed and any other terms imposed by the court may exceed 6 months but shall not, subject to the following provisions of this section, exceed 12 months.
F541(2A)
In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.
(3)
The limitations imposed by the preceding subsections shall not operate to reduce the aggregate of the terms that the court may impose in respect of any offences below the term which the court has power to impose in respect of any one of those offences.
(4)
Where a person has been sentenced by a magistrates’ court to imprisonment and a fine for the same offence, a period of imprisonment imposed for non-payment of the fine, or for want of sufficient F542goods to satisfy the fine, shall not be subject to the limitations imposed by the preceding subsections.
(5)
For the purposes of this section a term of imprisonment shall be deemed to be imposed in respect of an offence if it is imposed as a sentence or in default of payment of a sum adjudged to be paid by the conviction or for want of sufficient F543goods to satisfy such a sum.
Detention for short periods
134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F544
135 Detention of offender for one day in court-house or police station.
(1)
A magistrates’ court that has power to commit to prison a person convicted of an offence, or would have that power but for section 82 or 88 above, may order him to be detained within the precincts of the court-house or at any police station until such hour, not later than 8 o’clock in the evening of the day on which the order is made, as the court may direct, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
(2)
A court shall not make such an order under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day of the order.
F545(3)
136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction.
(1)
A magistrates’ court that has power to commit to prison a person in default of payment of a sum adjudged to be paid by a summary conviction, or would have that power but for section 82 or 88 above, may issue a warrant for his detention in a police station, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
(2)
A warrant under this section F548—
(a)
shall authorise the person executing itto arrest the defaulter and take him to a police station, and
(b)
shall require the officer in charge of the station to detain him there until 8 o’clock in the morning of the day following that on which he is arrested, or, if he is arrested between midnight and 8 o’clock in the morning, until 8 o’clock in the morning of the day on which he is arrested.
(3)
Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o’clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient.
F549(4)
Fees, fines, forfeitures, etc.
137 Fees.
F552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
138 Remission of fees
F553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139 Disposal of sums adjudged to be paid by conviction.
F554The designated officer for a magistrates' court shall apply moneys received by him on account of a sum adjudged to be paid by a summary conviction as follows—
(a)
in the first place in payment of any compensation adjudged by the conviction to be paid to any person;
F555(aa)
in the second place in payment to the fund mentioned in paragraph (c) below of surcharges imposed under section 161A of the Criminal Justice Act 2003;
(b)
in the F556third place in payment of any costs so adjudged to be paid to the prosecutor; and
(c)
the balance to the fund to which, or the person to whom, he is required to pay the sum by F557section 38 of the Courts Act 2003 or any other enactment relating to the sum.
140 Disposal of non-pecuniary forfeitures.
Subject to any enactment relating to customs or excise, anything other than money forfeited on a conviction by a magistrates’ court or the forfeiture of which may be enforced by a magistrates’ court shall be sold or otherwise disposed of in such manner as the court may direct; and the proceeds shall be applied as if they were a fine imposed under the enactment on which the proceedings for the forfeiture are founded.
Clerks to justices
141 Clerks to justices.
F558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to rectify mistakes etc.
142 Power of magistrates’ court to re-open cases to rectify mistakes etc.
(1)
F559A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
F560(1A)
The power conferred on a magistrates’ court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—
(a)
the Crown Court has determined an appeal against—
(i)
that sentence or order;
(ii)
the conviction in respect of which that sentence or order was imposed or made; or
(iii)
any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or
(b)
the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.
(2)
F563(2A)
The power conferred on a magistrates’ court by subsection (2) above shall not be exercisable in relation to a conviction if—
(a)
the Crown Court has determined an appeal against—
(i)
the conviction; or
(ii)
any sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of the conviction; or
(b)
the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.
(3)
Where a court gives a direction under subsection (2) above—
(a)
the F564conviction and any sentence or other order imposed or made in consequence thereof shall be of no effect; and
(b)
section 10(4) above shall apply as if the trial of the person in question had been adjourned.
F565(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
Where a sentence or order is varied under subsection (1) above, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.
Power to alter sums specified in certain provisions
143Power to alter sums specified in certain provisions.
F566(1)
If it appears to the Secretary of State that there has been a change in the value of money since the relevant date, he may by order substitute for the sum or sums for the time being specified in any provision mentioned in subsection (2) below such other sum or sums as appear to him justified by the change.
(2)
The said provisions are—
(a)
section 22 (1) above;
F567(aza)
section 22A(3)(a) above;
F568(aa)
section 24(3) and (4) above;
(b)
the definition of “the prescribed sum” in section 32(9) above;
(c)
paragraph (a) of section 33(1) above
F569(ca)
section 34(3)(b) above;
F570(cb)
section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on compensation order of magistrates’ court);
F570(d)
section 135 of that Act; (limit on fine imposed on young offender by magistrates’ court);
F573(dd)
section 59B(3) above;
(e)
the Table in paragraph 1 of Schedule 4 to this Act.
F574(f)
any provision mentioned in Schedule 6A to this Act;
(g)
F575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)
F575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F576(i)
section 2(13) of the Children and Young Persons Act M341969 (recognizance from parents and guardians);
(j)
the Table in F577section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000;
(k)
F575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)–(n)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F578
(o)
section 37(2) of the Criminal Justice Act 1982.
F579(p)
F580section 150(2) and (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (recognisance from parents or guardians);
F581(q)
column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.
F582(3)
In subsection (1) above the “relevant date” means—
(a)
the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); F583or
F584(aa)
in relation to section 22A(3)(a) above, the date of the coming into force of that section; or
(b)
where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above F585or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 , the date of that order.
(4), (5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F586
(6)
An order under subsection (1) F587 above—
(a)
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and
(b)
shall not affect the punishment for an offence committed before that order comes into force.
Rules
144F588... Rules of procedure.
F589A1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F590(1)
The Lord Chief Justice may, with the concurrence of the Lord Chancellor, make rules for regulating and prescribing, except in relation to any criminal cause or matter, the procedure and practice to be followed—
(a)
in magistrates' courts, and
(b)
by designated officers for magistrates' courts.
F591(1A)
If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice F592... written reasons for doing so.
F593(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F593(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F593(3A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
The power to make rules conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament.
F594(4A)
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
F595(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F596144ARules to be made if required by Lord Chancellor
(1)
This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice.
(2)
The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose.
(3)
Those rules must be—
(a)
made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;
(b)
made in accordance with section 144.
(4)
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
145 Rules: supplementary provisions.
(1)
The power to make rules conferred by section 144 above shall, without prejudice to the generality of subsection (1) of that section, include power to make provision—
(a)
as to the practice and procedure of justices in exercising functions preliminary or incidental to proceedings before a magistrates’ court;
(b)
as to the service and execution of process issued by or for the purposes of a magistrates’ court, including the service and execution in England and Wales of process issued in other parts of the United Kingdom;
(c)
as to the keeping of records of proceedings before magistrates’ courts and the manner in which things done in the course of, or as preliminary or incidental to, any such proceedings, or any proceedings on appeal from a magistrates’ court to the Crown Court, may be proved in any legal proceedings;
F597(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F598(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F599(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)
as to what magistrates’ court shall have jurisdiction to hear any complaint;
(h)
as to the matters additional to those specified in section 53 above on complaint for which a magistrates’ court shall have power to make an order with the consent of the defendant without hearing evidence;
F599(i)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
Where any Act expressly confers jurisdiction on any magistrates’ court to hear a complaint, rules made under subsection (1)(g) above shall not take away that jurisdiction, but may extend it to any other magistrates’ court.
(3)
Any Act passed before 16th December 1949, in so far as that Act relates to matters about which rules may be made under section 144 above, shall have effect subject to any rules so made and may be amended or repealed by the rules accordingly; but nothing in the said section shall authorise the rules to reduce the number of justices required for any purpose by any Act.
(4)
F602. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
Any rules, directions, forms or other instrument having effect immediately before this subsection comes into force as if contained in rules made under section 15 of the Justices of the M35Peace Act 1949 by virtue of section 15(8) of that Act (rules etc. which previously had effect under the enactments repealed by Part II of Schedule 7 to that Act) shall have effect as if contained in rules made under section 144 above.
F603145A Rules: costs order against legal representative.
(1)
In any civil proceedings, a magistrates’ court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules.
(2)
In subsection (1), “wasted costs”means any costs incurred by a party—
(a)
as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
(b)
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
(3)
In this section “legal or other representative”, in relation to any proceedings, means any person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings.
(4)
Rules made by virtue of this section may, in particular, make provision as to the destination of any payment required to be made under the rules (including provision for the reimbursement of sums paid by the F604the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ).
(5)
Rules made by virtue of this section—
(a)
shall require a magistrates’ court which proposes to act under the rules against a legal or other representative to allow him a reasonable opportunity to appear before it and show cause why it should not do so;
(b)
shall provide that action may be taken under the rules either on the application of any party to the proceedings or on the motion of the court;
(c)
shall provide that no such action shall be taken after the end of the period of six months beginning with the date on which the proceedings are disposed of by the court; and
(d)
shall provide that a legal or other representative against whom action is taken under the rules may appeal to the Crown Court.
Rules about F605youth courts
146 Rules relating to F606 youth court panels and composition of F607youth courts.
F608. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occasional court-houses
147 Occasional court-house.
F609. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
148“Magistrates’ court”.
(1)
In this Act the expression “magistrates’ court” means any justice or justices of the peace acting under any enactment or by virtue of his or their commission or under the common law.
(2)
Except where the contrary is expressed, anything authorised or required by this Act to be done by, to or before the magistrates’ court by, to or before which any other thing was done, or is to be done, may be done by, to or before any magistrates’ court acting F610in the same local justice area as that court.
149 Isles of Scilly.
F611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150 Interpretation of other terms.
F612(1)
In this Act, unless the context otherwise requires, the following expressions have the meaning hereby assigned to them, that is to say—
“Act” includes local Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F613
“bail in criminal proceedings” has the same meaning as in the M36Bail Act 1976;
F614“collection order”means an order made under Part 4 of Schedule 5 to the Courts Act 2003;
F615. . ..
“commit to custody” means commit to prison or, where any enactment authorises or requires committal to some other place of detention instead of committal to prison, to that other place;
F612“committal proceedings” means proceedings before a magistrates’ court acting as examining justices;F616...
F616...
“enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act;
“fine”, except for the purposes of any enactment imposing a limit on the amount of any fine, includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction;
F617“the fines officer”, in relation to a person subject to a collection order, means any fines officer working at the fines office specified in that order;
“impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient F618goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;
F619“legal representative”means F620a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
F621. . .
F616...
F616...
F622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F623. . .
“prescribed” means prescribed by F624rules of court;
F625“preserved county” has the meaning given by section 64 of the Local Government (Wales) Act 1994;
F626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F627. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F628“relevant prosecutor” has the meaning given by section 29 of the Criminal Justice Act 2003;
F628“requisition” has the meaning given by section 29 of the Criminal Justice Act 2003;
“sentence” does not include a committal in default of payment of any sum of money, or for want of sufficient F618goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;
F628“single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003;
“sum enforceable as a civil debt” means—
- (a)
any sum recoverable summarily as a civil debt which is adjudged to be paid by the order of a magistrates’ court;
- (b)
any other sum expressed by this or any other Act to be so enforceable;
- (a)
“transfer of fine order” has the meaning assigned to it by section 89 above.
F628“written charge” has the meaning given by section 29 of the Criminal Justice Act 2003;
(2)
Except where the contrary is expressed or implied, anything required or authorised by this Act to be done by justices may, where two or more justices are present, be done by one of them on behalf of the others.
(3)
Any reference in this Act to a sum adjudged to be paid by a conviction or order of a magistrates’ court shall be construed as including a reference to any costs, damages or compensation adjudged to be paid by the conviction or order of which the amount is ascertained by the conviction or order; but this subsection does not prejudice the definition of “sum adjudged to be paid by a conviction” contained in subsection (8) of section 81 above for the purposes of that section.
F629(3A)
References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4).
(4)
Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a magistrates’ court, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.
(5)
Except where the context otherwise requires, any reference in this Act to an offence shall be construed as including a reference to an alleged offence; and any reference in this Act to an offence committed, completed or begun anywhere shall be construed as including a reference to an offence alleged to have been committed, completed or begun there.
(6)
References in this Act to an offence punishable with imprisonment or punishable on summary conviction with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under this or any other Act on imprisonment of young offenders.
(7)
The provisions of this Act authorising a magistrates’ court on conviction of an offender to pass a sentence or make an order instead of dealing with him in any other way shall not be construed as taking away any power to order him to pay costs, damages or compensation.
Miscellaneous
F630151 Application of Act to distress for rates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152 Saving for juvenile courts.
The provisions of this Act relating to the constitution, place of sitting and procedure of magistrates’ courts shall, in their application to juvenile courts, have effect subject to any provision contained in F631rules of court or any enactment regulating the constitution, place of sitting or procedure of juvenile courts.
153 Magistrates’ court may sit on Sundays and public holidays.
F632. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repeals, short title, etc.
154 Consequential amendments, transitional provisions, repeals, etc.
(1)
Subject to subsection (2) below, the enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.
(2)
The transitional provisions and savings in Schedule 8 to this Act shall have effect.
(3)
Subject to subsection (2) above, the enactments specified in Schedule 9 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.
(4)
Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the M37Interpretation Act 1978 (which relate to the effect of repeals).
155 Short title, extent and commencement.
(1)
This Act may be cited as the Magistrates’ Courts Act 1980.
(2)
The following provisions of this Act extend to Scotland—
(b)
section 154 and Schedules 7, 8 and 9 so far as they relate to any enactment extending to Scotland.
(3)
The following provisions of this Act extend to Northern Ireland—
(a)
sections 83(3), 90 and 91 and this section; and
(b)
section 154 and Schedules 7, 8 and 9 so far as they relate to an enactment extending to Northern Ireland.
(4)
The provisions of section 126 above have the same extent as the F635section of the M38Indictable Offences Act 1848 to which they refer.
F636(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Except as stated in subsections (2) to (5) above, and except so far as relates to the interpretation or commencement of the provisions mentioned in those subsections, this Act extends to England and Wales only.
(7)
This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.
SCHEDULE 1 OFFENCES TRIABLE EITHER WAY BY VIRTUE OF SECTION 17
1
Offences at common law of public nuisance.
F6371A
An offence at common law of outraging public decency.
2
F638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Offences consisting in contravention of section 13 of the M39Statutory Declarations Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).
4
Offences under section 36 of the M40Malicious Damage Act 1861 (obstructing engines or carriages on railways).
5
Offences under the following provisions of the Offences against the M41Person Act 1861—
(a)
section 16 (threats to kill);
(b)
section 20 (inflicting bodily injury, with or without a weapon);
(c)
section 26 (not providing apprentices or servants with food etc.);
(d)
section 27 (abandoning or exposing child);
(e)
section 34 (doing or omitting to do anything so as to endanger railway passengers);
(f)
section 36 (assaulting a clergyman at a place of worship etc.);
(g)
section 38 (assault with intent to resist apprehension);
(h)
section 47 (assault occasioning bodily harm. . . F639);
(i)
section 57 (bigamy);
(j)
section 60 (concealing the birth of a child).
6
Offences under section 20 of the M42Telegraph Act 1868 (disclosing or intercepting messages).
7
Offences under section 13 of the M43Debtors Act 1869 (transactions intended to defraud creditors).
8
Offences under section 5 of the M44Public Stores Act 1875 (obliteration of marks with intent to conceal).
9
Offences under section 12 of the M45Corn Returns Act 1882 (false returns).
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F640
11
Offences under section 3 of the M46Submarine Telegraph Act 1885 (damaging submarine cables).
12
Offences under section 13 of the M47Stamp Duties Management Act 1891 (offences in relation to dies and stamps).
13
Offences under section 8(2) of the M48Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).
14
All offences under the M49Perjury Act 1911 except offences under—
(a)
section 1 (perjury in judicial proceedings);
(b)
section 3 (false statements etc. with reference to marriage);
(c)
section 4 (false statements etc. as to births or deaths).
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F641
F64216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F643
18
Offences under section 8(2) of the M50Census Act 1920 (disclosing census information).
19
Offences under section 36 of the M51Criminal Justice Act 1925 (forgery of passports etc.).
20
Offences under section 11 of the M52Agricultural Credits Act 1928 (frauds by farmers).
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F644
F64522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
F646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F647
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F648
26
The following offences under the M53Criminal Law Act 1967—
(a)
offences under section 4(1) (assisting offenders); and
(b)
offences under section 5(1) (concealing arrestable offences and giving false information),
where the offence to which they relate is triable either way.
27
F649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
All indictable offences under the M54Theft Act 1968 except:—
(a)
robbery, aggravated burglary, blackmail and assault with intent to rob;
(b)
burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment;
(c)
burglary in a dwelling if any person in the dwelling was subjected to violence or the threat of violence.
29
Offences under the following provisions of the M55Criminal Damage Act 1971—
section 1(1) (destroying or damaging property);
section 1(1) and (3) (arson);
section 2 (threats to destroy or damage property);
section 3 (possessing anything with intent to destroy or damage property).
30
Offences in relation to stamps issued for the purpose of national insurance under the provisions of any enactments as applied to those stamps.
31
Uttering any forged document the forgery of which is an offence listed in this Schedule.
32
F650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33
Aiding, abetting, counselling or procuring the commission of any offence listed in the preceding paragraphs of this Schedule except paragraph 26.
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F651
35
F652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL
Offence | Value involved | How measured |
|---|---|---|
1. Offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property), excluding any offence committed by destroying or damaging property by fire. | As regards property alleged to have been destroyed, its value. | What the property would probably have cost to buy in the open market at the material time. |
As regards property alleged to have been damaged, the value of the alleged damage. | (a) If immediately after the material time the damage was capable of repair— | |
(i) what would probably then have been the market price for the repair of the damage, or | ||
(ii) what the property alleged to have been damaged would probably have cost to buy in the open market at the material time, | ||
whichever is the less; or | ||
(b) if immediately after the material time the damage was beyond repair, what the said property would probably have cost to buy in the open market at the material time. | ||
2. The following offences, namely— | The value indicated in paragraph 1 above for the offence alleged to have been aided, abetted, counselled or procured, or attempted or incited. | As for the corresponding entry in paragraph 1 above. |
(a) aiding, abetting, counselling or procuring the commission of any offence mentioned in paragraph 1 above; | ||
(b) attempting to commit any offence so mentioned; and | ||
(c) inciting another to commit any offence so mentioned. |
F6533. Offences under section 12A of the Theft Act 1968 (aggravated vehicle-taking) where no allegation is made under subsection (1)(b) other than of damage, whether to the vehicle or other property or both. | The total value of the damage alleged to have been caused. | (1) In the case of damage to any property other than the vehicle involved in the offence, as for the corresponding entry in paragraph 1 above, substituting a reference to the time of the accident concerned for any reference to the material time. |
(2) In the case of damage to the vehicle involved in the offence — | ||
(a) if immediately after the vehicle was recovered the damage was capable of repair— | ||
(i) what would probably then have been the market price for the repair of the damage, or | ||
(ii) what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken, | ||
whichever is the less; or | ||
(b) if immediately after the vehicle was recovered the damage was beyond repair, what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken. |
SCHEDULE 3 CORPORATIONS
1
(1)
A magistrates’ court may commit a corporation for trial by an order in writing empowering the prosecutor to prefer a bill of indictment in respect of the offence named in the order.
(2)
An order under this paragraph shall not prohibit the inclusion in the bill of indictment of counts that under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 may be included in the bill in substitution for, or in addition to, counts charging the offence named in the order.
2
A representative may on behalf of a corporation—
F654(a)
F655make before examining justices such representations as could be made by an accused who is not a corporation;
(b)
consent to the corporation being tried summarily;
(c)
enter a plea of guilty or not guilty on the trial by a magistrates’ court of an information.
3
(1)
Where a representative appears, any requirement of this Act that anything shall be done in the presence of the accused, or shall be read or said to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said to the representative.
(2)
Where a representative does not appear, any such requirement, and any requirement that the consent of the accused shall be obtained for summary trial, shall not apply.
4
(1)
Notification or intimation for the purposes of subsections (2) and (3) of section 12 above may be given on behalf of a corporation by a director or the secretary of the corporation; and those subsections shall apply in relation to a notification or intimation purporting to be so given as they apply to a notification or intimation purporting to be given by an individual accused.
(2)
In this paragraph “director”, in relation to a corporation which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that corporation.
F6565
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Subject to the preceding provisions of this Schedule, the provisions of this Act relating to the F657trial of indictable offences shall apply to a corporation as they apply to an adult.
7
Where a corporation and an individual who has attained the age of 17 are jointly charged before a magistrates’ court with an offence triable either way, the court shall not try either of the accused summarily unless each of them consents to be so tried.
8
Subsection (6) of section 33 of the M56Criminal Justice Act 1925 shall apply to a representative for the purposes of this Schedule as it applies to a representative for the purposes of that section.
SCHEDULE 4 MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT
1
Subject to the following provisions of this Schedule, the periods set out in the second column of the following Table shall be the maximum periods applicable respectively to the amounts set out opposite thereto, being amounts due at the time the imprisonment F658or detention is imposed.
F659An amount not exceeding £200 | F659 7 days |
F659An amount exceeding £200 but not exceeding £500 | F65914 days |
F659An amount exceeding £500 but not exceeding £1,000 | F65928 days |
F659An amount exceeding £1,000 but not exceeding £2,500 | F65945 days |
F659An amount exceeding £2,500 but not exceeding £5,000 | F6593 months |
F660An amount exceeding £5,000 but not exceeding £10,000 | 6 months |
An amount exceeding F661£10,000 | 12 months |
2
(1)
Where the amount due at the time imprisonment F662or detention is imposed is so much of a sum adjudged to be paid by a summary conviction as remains due after part payment, then, subject to sub-paragraph (2) below, the maximum period applicable to the amount shall be the period applicable to the whole sum reduced by such number of days as bears to the total number of days therein the same proportion as the part paid bears to the whole sum.
(2)
In calculating the reduction required under sub-paragraph (1) above any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than F663seven days.
3
The maximum period applicable to a sum of any amount enforceable as a civil debt shall be 6 weeks.
F664SCHEDULE 4APowers of authorised officers executing warrants
Meaning of “authorised officer” etc
1
In this Schedule—
“authorised officer”, in relation to a warrant, means a person who is entitled to execute the warrant by virtue of—
(a)
section 125A of this Act (civilian enforcement officers); or
(b)
section 125B of this Act (approved enforcement agencies);
“premises” includes any place and, in particular, includes—
(a)
any vehicle, vessel, aircraft or hovercraft;
(b)
any offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971; and
(c)
any tent or movable structure.
Entry to execute warrant of arrest etc
2
(1)
An authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence.
(2)
The power may be exercised—
(a)
only to the extent that it is reasonably required for that purpose; and
(b)
only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.
(3)
In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
(a)
any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and
(b)
any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.
Entry to levy distress
F6653
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Searching arrested persons
4
(1)
This paragraph applies where a person is arrested in pursuance of a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence.
(2)
An authorised officer may search the arrested person, if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
(3)
An authorised officer may also search the arrested person for anything which he might use to assist him to escape from lawful custody.
(4)
The power conferred by sub-paragraph (3) above may be exercised—
(a)
only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and
(b)
only to the extent that it is reasonably required for the purpose of discovering any such thing.
(5)
The powers conferred by this paragraph to search a person are not to be read as authorising the officer to require a person to remove any of his clothing in public other than an outer coat, a jacket or gloves; but they do authorise the search of a person’s mouth.
(6)
An officer searching a person under sub-paragraph (2) above may seize and retain anything he finds, if the officer has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
(7)
An officer searching a person under sub-paragraph (3) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person might use it to assist him to escape from lawful custody.
Use of force
5
An authorised officer may use reasonable force, if necessary, in the exercise of a power conferred on him by this Schedule.
SCHEDULE 5 TRANSFER OF REMAND HEARINGS
1
A court which, on adjourning a case, makes an order under section 130(1) of this Act is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.
2
F666Where an order under subsection (1) of section 130 of this Act is made in the course of proceedings which, for the purposes of section 8 of this Act, are committal
proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.
3
A court making an order under subsection (1) of section 130 of this Act or remanding the accused under subsection (4) shall at once notify F667the terms of the order or remand to the court before which the accused is to be brought for the hearing on any application for a subsequent remand or, as the case may be, before which any such application is to be made without his being brought before it
4
A person to whom an order under section 130(1) of this Act applies shall, if released on bail, be bailed to appear before the court which made the order.
5
Section 130 of this Act and this Schedule have effect notwithstanding anything in sections F66810, 17C, 18(4) or 24C of this Act.
F669F669SCHEDULE 6
F670PART I FEES TO BE TAKEN BY F671Justices’ chief executives
£ | |
|---|---|
ATTENDANCE On a justice, to view deserted premises in order to affix notice or to give possession thereof, or to view a highway, bridge or nuisance | 44.00 |
CASE FOR THE OPINION OF HIGH COURT (s. 111 of this Act) Drawing case, copies, taking recognizance as required by s. 114 of this Act and enlargements and renewals thereof (composite fee), where the application to state a case is made on or after 1st April 1992 | 382.00 |
Certificate of refusal of case, where the application is so made | 8.00 |
CERTIFICATE Every certificate not otherwise charged | 8.00 |
CHILD SUPPORT ACT 1991 M57Application for a liability order (each child) | 0.70 |
NOTE: This fee is payable on the making of the application. Paternity application (each child) (sections 20 and 27 of the Act F677) | 30.00 |
Appeal against a deduction from earnings order | 10.00 |
Complaint or application and summons | 10.00 |
Warrant of arrest | 10.00 |
Commitment order | 40.00 |
NOTE: The fee for a commitment order is payable on the making of the order. | |
COMMUNITY CHARGE/COUNCIL TAX/RATES Orders Application for a liability order (each defendant) | 0.70 |
NOTE: This fee is payable on the making of the application. Commitment Complaint (or application) and summons | 10.00 |
Warrant of arrest | 10.00 |
Commitment order | 40.00 |
NOTE: The fee for a commitment order is payable on the making of the order. | |
COPY First photocopy or 90 word folio of any document | 1.10 |
Each folio of succeeding 90 words | 0.55 |
Each additional photocopy | 0.10 |
NOTE: No fee shall be charged in pursuance hereof for a copy of a summons, of an order or of a warrant in a case in which, as hereafter provided, a fee is authorised for the summons, the order or, as the case may be, the warrant and a copy thereof. For the purposes hereof, a reference to a photocopy includes a reference to any other facsimile copy, however made. | |
DUPLICATE For the duplicate of any document | 5.00 |
FAMILY PROCEEDINGS Applications under Parts I or II of the Children Act 1989 M58, F678section 30 of the Human Fertilisation and Embryology Act 1990, Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 M59, except under section 16 of that Act for the protection of a spouse or child from violence, F679the Adoption and Children Act 2002, except under section 23 of that Act and all applications for financial orders (excluding applications to vary or discharge such orders or in respect of claims for maintenance or maintenance orders made to the benefit of, or against, a person residing outside the United Kingdom) | 30.00 |
Applications under section 31 (care or supervision order), 36 (education supervision order) or 43 (child assessment order) of the Children Act 1989 | 50.00 |
Applications (a)to vary, extend or discharge an order; (b)for contact or refusal of contact with a child in care, to change a child’s surname or remove the child from the jurisdiction; and (c) F680section 23 of the Adoption and Children Act 2002 | 20.00 |
Applications under F681 Part XA (affecting the registration of a child minder or day carer including appeals against cancellation or varying the conditions of the registration) of, and paragraph 8(1) of Schedule 8 (appeals concerning foster parenting) to, the Children Act 1989 | 50.00 |
NOTE: When an application requires the leave of the court, the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made. | |
LICENCES For every licence, consent or authority not otherwise provided for, to include registration when necessary | 8.00 |
Application for the revocation of a licence not otherwise provided for | 30.00 |
OATHS Attestation of constable | 8.00 |
Every oath, affirmation or solemn declaration not otherwise charged (no fee is payable for the swearing in of witnesses in civil proceedings or in any case where an Act of Parliament directs that no fee shall be taken) | 8.00 |
OTHER CIVIL PROCEEDINGS Complaint or application | 3.50 |
Summons and copy | 3.50 |
Order and copy | 16.50 |
Warrant and copy | 6.50 |
WARRANT OF ENTRY Application for a warrant of entry | 2.25 |
NOTE:
| |
Part II MATTERS IN RESPECT OF WHICH NO FEES ARE CHARGEABLE
1
Any summons, warrant, notice or order issued, given or made under section 83(1) or (2), 88, 89 or 136 of this Act, or section 104 of the General Rate Act 1967, or under any rule made for the purposes of those provisions.
2
Any criminal matter, but this paragraph shall not prevent the charging of a fee for supplying, for use in connection with a matter which is not a criminal matter, a copy of a document prepared for use in connection with a criminal matter.
Part III MATTERS TO WHICH PART I DOES NOT APPLY
F682. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
F683. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F684. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F685. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F686. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F687Schedule 6A FINES THAT MAY BE ALTERED UNDER SECTION 143
Enactment | Maximum fine |
|---|---|
F688. . . | |
ATTACHMENT OF EARNINGS ACT 1971 (c.32) Section 23(3) (judge’s fine) | £250 |
F688. . . | F688. . . |
MAGISTRATES’ COURTS ACT 1980 (c.43) Section 63(3)(a) (disobedience of orders other than payment of money) Section 97(4) (refusal to give evidence etc.) | £5,000 £2,500 |
CONTEMPT OF COURT ACT 1981 (c.49) Section 12(2) (contempt in face of magistrates’ court) Section 14(2) (contempt in an inferior court) | £2,500 £2,500 |
Enactment | Maximum fine |
|---|---|
F688. . . | F688. . . |
COUNTY COURTS ACT 1984 (c.28) Section 55(2) (neglect or refusal to give evidence) Section 118(1) (contempt in face of court) | £1,000 £2,500 |
F689. . . | F689. . . |
F688. . . | F688. . . |
F690 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 | |
F691. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F691. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F692. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F692. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
In Schedule 5, paragraph 2(1) (failure to comply with attendance centre order or attendance centre rules) | £1,000 |
F692. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F692. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F693In Schedule 8, paragraph 2(2)(a)(i) (failure to comply with reparation order) | F693£1,000 |
F694CORONERS AND JUSTICE ACT 2009 | |
In Schedule 6, paragraphs 5 (refusal to serve as juror etc) and 6 (refusal to give evidence etc) | £1000 |
X2 SCHEDULE 7 CONSEQUENTIAL AMENDMENTS
Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43)
F6951
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35)
F6962
In section 6 of the Criminal Law Amendment Act 1867 for “section forty-one of the Magistrates’ Courts Act 1952”
substitute “
section 105 of the Magistrates’ Courts Act 1980
”
and for “section fifteen of the Justices of the
Peace Act 1949” substitute “
section 144 of that Act
”
.
Gun Barrel Proof Act 1868 (c. cxiii)
F6973
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86)
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F698
5
F699. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1933 (23 & 24 Geo. 5 c. 12)
6
In section 46(1A) of the Children and Young Persons Act 1933 for “section I of the Magistrates’ Courts Act 1957”
substitute “
section 12 of the Magistrates’ Courts Act 1980
”
.
Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58)
7
In section 27(3) of the Criminal Justice Act 1948 for “section 105(5) of the Magistrates’ Courts Act 1952”
substitute “
section 128(7) of the Magistrates’ Courts Act 1980
”
.
Maintenance Orders Act 1950 (14 Geo. 6 c. 37)
F7008
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rag Flock and Other Filling Materials Act 1951 (14 & IS Geo. 6 c. 63)
F7019
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pharmacy Act 1954 (2 & 3 Eliz. 2 c. 61)
10
In section 21 of the Pharmacy Act 1954 for “the Magistrates’ Courts Act 1952” substitute “the Magistrates’ Courts Act 1980”.
Mines and Quarries Act 1954 (2 & 3 Eliz. 2 c. 70)
11
In section 153(a) of the Mines and Quarries Act 1954 for “section thirty-five of the Magistrates’ Courts Act 1952”
substitute “
section 44 of the Magistrates’ Courts Act 1980
”
.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
12
In sections 187(4) and 215(9) of the Army Act 1955 for “the Magistrates’ Courts Act 1952” substitute, in each
case, “
the Magistrates’ Courts Act 1980
”
.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
13
In sections 187(4) and 215(9) of the Air Force Act 1955 for “the Magistrates’ Courts Act 1952” substitute, in each
case, “
the Magistrates’ Courts Act 1980
”
.
14, 15.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F702
Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 (4 & 5 Eliz. 2 c. 44)
16
In section 1(1) of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 for “the Magistrates’ Courts Act
1952” substitute “
the Magistrates’ Courts Act 1980
”
.
Sexual Offences Act 1956 (4 & 5 Eliz. 2 c. 69)
17
In section 37(7) of the Sexual Offences Act 1956—
(a)
in paragraph (a) for “section 6 of the Children and Young Persons Act 1969” substitute “
section 24 of the Magistrates’ Courts Act 1980
”
;
(b)
in paragraph (b) for “subsection (5) of section ninety-eight of the Magistrates’ Courts Act 1952” substitute “
subsection (5) of section 121 of the Magistrates’ Courts Act 1980
”
.
18
F703. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F704
Affiliation Proceedings Act 1957 (5 & 6 Eliz. 2 c. 55)
20
In section 5(5) of the Affiliation Proccediings Act 1957 for “section fifty-two of the Magistrates’ Courts Act 1952”
substitute “
section 59 of the Magistrates’ Courts Act 1980
”
.
21
In section 6A of the Affiliation Proceedings Act 1957—
(a)
in subsection (1) for “section 53 of the Magistrates’ Courts Act 1952” substitute “
section 60 of the Magistrates’ Courts Act 1980
”
;
(b)
in subsection (2) for the “said section 53” substitute “
the said section 60
”
;
(c)
in subsection (5) for “section 63 of the Magistrates’ Courts Act 1952” substitute “
section 75 of the Magistrates’ Courts Act 1980
”
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F705
Maintenance Orders Act 1958 (6 & 7 Eliz. 2 c. 39)
F70623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adoption Act 1958 (7 Eliz. 2 c. 5)
25
In section 9(2) and (4) of the Adoption Act 1958 for “section fifteen of the Justices of the Peace Act 1949”
substitute “
section 144 of the Magistrates’ Courts Act 1980
”
.
26
In section 48 of the Adoption Act 1958 for “the Magistrates’ Courts Act 1952” substitute “
the Magistrates’ Courts Act 1980
”
.
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)
F70727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F708
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F709
Street Offences Act 1959 (7 & 8 Eliz. 2 c. 57)
F71030
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31, 32.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F711
33, 34.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F712
Road Traffic Act 1960 (8 & 9 Eliz. 2 c. 16)
F71335
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1960 (8 & 9 Eliz. 2 c. 65)
36
In section 13(5) of the Administration of Justice Act 1960, in paragraph (c) for “subsection (3) of section fifty-four of the
Magistrates’ Courts Act 1952” substitute “
subsection (3) of section 63 of the Magistrates’ Courts Act 1980
”
, and in the words following paragraph (c) for “the Magistrates’ Courts Act 1952” substitute “
the Magistrates’ Courts Act 1980
”
.
Factories Act 1961 (9 & 10 Eliz. 2 c. 34)
F71437
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1961 (9 & 10 Eliz. 2 c.39)
38—42.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F715
Plant Varieties and Seeds Act 1964 (c. 14)
43
In section 23(2) of the Plant Varieties and Seeds Act 1964 for “section 104 of the Magistrates’ Courts Act 1952”
substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
44
In section 28 of the Plant Varieties and Seeds Act 1964—
(a)
in subsection (1) for “section 104 of the Magistrates’ Courts Act 1952” substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
;
(b)
in subsection (2) for “the said section 104” substitute “
the said section 127(1)
”
.
Licensing Act 1964 (c. 26)
45
F716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
F717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47
F718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48
F719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F720
50
F721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1964 (c. 42)
51
In section 38(1) of the Administration of Justice Act 1964 for “section 28 or 29 of the Magistrates’ Courts Act 1952”
substitute “
section 37 or 38 of the Magistrates’ Courts Act 1980
”
.
52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F722
Finance Act 1965 (c. 25)
F72353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gas Act 1965 (c. 36)
54
In section 21(4) of the Gas Act 1965 for “section 35 of the Magistrates’ Courts Act 1952” substitute “
section 44 of the Magistrates’ Courts Act 1980
”
.
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
F72455
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
56
In section 8 of the Criminal Procedure (Attendance of Witnesses) Act 1965 for “section 77 of the Magistrates’ Courts Act
1952” substitute “
section 97 of the Magistrates’ Courts Act 1980
”
.
57—60.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F725
Criminal Law Act 1967 (c. 58)
61
In section 2(1) of the Criminal Law Act 1967 for “section 29 of the Criminal Law Act 1977” substitute “
section 33 of the Magistrates’ Courts Act 1980
”
, for “subsection (2) of section 23 of the said Act of
1977” substitute “
subsection (2) of section 22 of the sadi Act of 1980
”
and for “the said section 23”
substitute “
the said section 22
”
.
Wireless Telegraphy Act 1967 (c. 72)
62
In section 11(4) of the Wireless Telegraphy Act 1967 for “section 115 of the Magistrates’Courts Act 1952”
substitute “
section 140 of the Magistrates’ Courts Act 1980
”
.
Criminal Justice Act 1967 (c. 80)
F72663
In section 7 of the Criminal Justice Act 1967 for “section 2 of this Act” substitute “
section 102 of the Magistrates’ Courts Act 1980
”
.
F72764
In section 11(3) of the Criminal Justice Act 1967 for “section 15 of the Justices of the Peace Act 1949” substitute “
section 144 of the Magistrates’ Courts Act 1980
”
.
F72865
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66
In section 36(2) of the Criminal Justice Act 1967 for “the Magistrates’ Courts Act 1952” substitute “
the Magistrates’ Courts Act 1980
”
.
F72967
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68
In section 62(7) of the Criminal Justice Act 1967 for “section 29 of the Magistrates’ Courts Act 1952”
substitute “
section 38 of the Magistrates’ Courts Act 1980
”
.
69
In section 90(2) and (4) of the Criminal Justice Act 1967 for “section 104 of the Magistrates’ Courts Act 1952” substitute, in each case, “section 127(1) of the Magistrates’ Courts Act 1980”.
Companies Act 1967 (c. 81)
70
In section 49(3) of the Companies Act 1967 for “section 104 of the Magistrates’ Courts Act 1952” substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
Criminal Appeal Act 1968 (c. 19)
71
In section 1 of the Criminal Appeal Act 1968—
(a)
in subsection (1) insert at the beginning “
Subject to subsection (3) below
”
;
(b)
“(3)
Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which committed him for trial as to the value involved was mistaken.
(4)
In subsection (3) above “scheduled offence” and “the value involved” have the same meanings as they have in section 22 of the Magistrates’ Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small).”.
Firearms Act 1968 (c. 27)
72
In section 51(4) of the Firearms Act 1968 for “section 104 of the Magistrates’Courts Act 1952” substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
73
F730In Part II of Schedule 6 to the Firearms Act 1968, in paragraph 3—
(a)
in sub-paragraph (1) for “Schedule 3 to the Criminal Law Act 1977” substitute “
Schedule 1 to the Magistrates’ Courts Act 1980
” ;
(b)
in sub-paragraph (2) for “sections 19 to 24 of the said Act of 1977” substitute “
sections 18 to 23 of the said Act of 1980
” ;
(c)
in sub-paragraph (3) for “the said sections 19 to 24” substitute “
the said sections 18 to 23
” and for “section 25(3) and (4) of the said Act of 1977”
substitute “
section 25(3) and (4) of the said Act of 1980
”.
Trade Descriptions Act 1968 (c. 29)
74
In section 19(2) and 40(1)(a) of the Trade Descriptions Act 1968 for “section 104 of the Magistrates’ Courts Act 1952”
substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
Civil Evidence Act 1968 (c. 64)
F73175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medicines Act 1968 (c. 67)
76
In section 125(1) of the Medicines Act 1968 for “section 104 of the Magistrates’ Courts Act 1952” substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
Sea Fisheries Act 1968 (c. 77)
77
In section 12(3) of the Sea Fisheries Act 1968 for “Sections 65(1) and 66 of the Magistrates’ Courts Act 1952”
substitute “
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980
”
.
Children and Young Persons Act 1969 (c. 54)
F73278
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F733
80
In section 8(3) of the Children and Young Persons Act 1969 for “Subsections (2) and (4) of section 40 of the Magistrates’ Courts Act
1952” substitute “
Subsections (2) and (4) of section 49 of the Magistrates’ Courts Act 1980
”
.
F73481
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73582
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F737
F73885
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86
In Schedule 4 to the Children and Young Persons Act 1969, in paragraph 5(1), for “section 28(1) of the Magistrates’ Courts Act
1952” substitute “
section 37(1) of the Magistrates’ Courts Act 1980
”
.
87
In Schedule 5 to the Children and Young Persons Act 1969, in paragraph 55, for “sections 2 and 9 of the Criminal Justice Act
1967” substitute “
section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates’ Courts Act 1980
”
.
Administration of Justice Act 1970 (c. 31)
88
In section 41(8) of the Administration of Justice Act 1970 for “section 64 of the Magistrates’ Courts Act 1952”
substitute “
section 76 of the Magistrates’ Courts Act 1980
”
and for “paragraph 2 of Schedule 3 to that
Act” substitute “
paragraph 2 of Schedule 4 to that Act
”
.
89
In Schedule 1 to the Administration of Justice Act 1970 for “section 54(3) of the Magistrates’ Courts Act 1952”
substitute “
section 63(3) of the Magistrates’ Courts Act 1980
”
.
Merchant Shipping Act 1970 (c. 36)
90
In section 56(2) and (7) of the Merchant Shipping Act 1970 for “subsections (1), (3) and (4) of section 77 of the Magistrates’ Courts
Act 1952” substitute, in each place, “
subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980
”
.
Guardianship of Minors Act 1971 (c. 3)
F73991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74092
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles (Excise) Act 1971 (c. 10)
F74193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Courts Act 1971 (c. 23)
94
In section 7(2) of the Courts Act 1971 for “subsection (1) above” substitute “
section 7 of the Magistrates’ Courts Act 1980
”
;
95
In section 13 of the Courts Act 1971—
(a)
in subsection (5)(e) for “sections 94 and 95 of the Magistrates’ Courts Act 1952” substitute “
sections 118 and 119 of the Magistrates’ Courts Act 1980
”
;
(b)
in subsection (8) for “the Magistrates’ Courts Act 1952” substitute “
the Magistrates’ Courts Act 1980
”
.
96
In section 52(5) of the Courts Act 1971 for “section 55 of the Magistrates’ Courts Act 1952” substitute “
section 64 of the Magistrates’ Courts Act 1980
”
.
Attachment of Earnings Act 1971 (c. 32)
97
In section 3 of the Attachment of Earnings Act 1971—
(a)
in subsection (1)(c) for “section 52(1) of the Magistrates’ Courts Act 1952” substitute “
section 59(1) of the Magistrates’ Courts Act 1980
”
;
F742(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98
In section 8(3) of the Attachment of Earnings Act 1971 for “section 65(2) of the Magistrates’ Courts Act 1952”
substitute “
section 77(2) of the Magistrates’ Courts Act 1980
”
.
99
In section 17(3)(e) of the Attachment of Earnings Act 1971 for “Part III of the Magistrates’ Courts Act 1952”
substitute “
Part III of the Magistrates’ Courts Act 1980
”
.
100
In section 19 of the Attachment of Earnings Act 1971—
(a)
in subsection (4) for “section 43 of the Magistrates’ Courts Act 1952” substitute “
section 51 of the Magistrates’ Courts Act 1980
”
;
(b)
in subsection (5) for “section 104 of the Magistrates’ Courts Act 1952” substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
101
In section 25 of the Attachment of Earnings Act 1971—
(a)
F743. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
in subsection (6) for “Part III of the Magistrates’ Courts Act 1952” substitute “
Part III of the Magistrates’ Courts Act 1980
”
.
Misuse of Drugs Act 1971 (c. 38)
102
In section 25(4) of the Misuse of Drugs Act 1971 for “section 104 of the Magistrates’ Courts Act 1952”
substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
Fire Precautions Act 1971 (c. 40)
103
In section 26(1) of the Fire Precautions Act 1971 for “the Magistrates’ Courts Act 1952” substitute “
the Magistrates’ Courts Act 1980
”
.
Immigration Act 1971 (c. 77)
104
In section 6(2) of the Immigration Act 1971 for “section 14(3) of the Magistrates’ Courts Act 1952” substitute “
section 10(3) of the Magistrates’ Courts Act 1980
”
.
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
F744105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106
F745. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107
F746. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F747108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F748109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F749110
In section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972—
(a)
in subsections (1), (2A) and (2B) for “section 53 of the Magistrates’ Courts Act 1952" substitute, in each case, “section 60 of the Magistrates’ Courts Act 1980" ;
(b)
in subsection (2A) for “section 15 of the Justices of the Peace Act 1949" substitute “section 144 of the Magistrates’ Courts Act 1980" ;
(c)
in subsection (2B) for “section 47(3) of the Magistrates’ Courts Act 1952" substitute “section 55(3) of the Magistrates’ Courts Act 1980".
111, 112.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F750
Civil Evidence Act 1972 (c. 30)
113
F751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1972 (c. 71)
114
In section 46 of the Criminal Justice Act 1972—
(a)
in subsection (1) for the words from “Sections 2” to “those sections)”
substitute “
Section 102 of the Magistrates’ Courts Act 1980 and section 9 of the Criminal Justice Act 1967 (which respectively allow written statements to be used as
evidence in committal proceedings and in other criminal proceedings) and section 106 of the said Act of 1980 and section 89 of the said Act of 1967 (which punish the making of
false statements which are tendered in evidence under the said section 102 or 9, as the case may be)
”
;
(b)
in subsection (2) for “The said section 2” substitute “
The said section 102
”
.
115
In section 49(1) of the Criminal Justice Act 1972 for “Part III of the Magistrates’ Courts Act 1952” substitute “
Part III of the Magistrates’ Courts Act 1980
”
.
Guardianship Act 1973 (c. 29)
F752116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F753117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fair Trading Act 1973 (c. 41)
118
In section 129(2) and (4) of the Fair Trading Act 1973 for “section 104 of the Magistrates’ Courts Act 1952”
substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
Powers of Criminal Courts Act 1973 (c. 62)
F754119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F755120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F756121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F757122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F758123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Slaughterhouses Act 1974 (c. 3)
124
In section 6(2) of the Slaughterhouses Act 1974 for “the Magistrates’ Courts Act 1952” substitute “
the Magistrates’ Courts Act 1980
”
125
In sections 38(6) and 43(3) of the Slaughterhouses Act 1974 for “section 35 of the Magistrates’ Courts Act 1952”
substitute, in each case, “
section 44 of the Magistrates’ Courts Act 1980
”
126—129.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F759
Control of Pollution Act 1974 (c. 40)
130
In section 87(3) of the Control of Pollution Act 1974 for “section 104 of the Magistrates’ Courts Act 1952”
substitute “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
Friendly Societies Act 1974 (c. 46)
131
F760. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Solicitors Act 1974 (c. 47)
132
In sections 26, 42(2) and 44(4) of the Solicitors Act 1974 for “the Magistrates’ Courts Act 1952” substitute, in each
case, “
the Magistrates’ Courts Act 1980
”
.
Insurance Companies Act 1974 (c. 49)
133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F761
Rehabilitation of Offenders Act 1974 (c. 53)
F762134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Act 1975 (c. 14)
F763135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Procedure (Scotland) Act 1975 (c. 21)
136
In section 397(1) of the Criminal Procedure (Scotland) Act 1975 for “section 72A of the Magistrates’ Courts Act 1952”
substitute “
section 90 of the Magistrates’ Courts Act 1980
”
.
137
In section 403 of the Criminal Procedure (Scotland) Act 1975—
(a)
in subsection (4) for “section 72A of the Magistrates’ Courts Act 1952” substitute “
section 90 of the Magistrates’ Courts Act 1980
”
, for “the said Act of 1952” (in the
first place where the words occur) substitute “
the said Act of 1980
”
and for “the Table set out in paragraph 1 of Schedule 3 to the said Act of
1952” substitute “
the Table set out in paragraph I of Schedule 4 to the said Act of 1980
”
;
(b)
in subsection (6) for “section 72A of the Magistrates’ Courts Act 1952” substitute “
section 90 of the Magistrates’ Courts Act 1980
”
.
Children Act 1975 (c. 72)
F764138
In section 46(4) of the Children Act 1975 for “section 55(1) of the Magistrates’ Courts Act 1952” substitute “
section 64(1) of the Magistrates’ Courts Act 1980
”
.
Prevention of Terrorism (Temporary Provisions) Act 1976 (c. 8)
139
In section 12(3) of the Prevention of Terrorism (Temporary Provisions) Act 1976 for “Section 38 of the Magistrates’ Courts Act
1952” substitute “
Section 43 of the Magistrates’ Courts Act 1980
”
.
Restrictive Trade Practices Act 1976 (c. 34)
140
In sections 39(2) and 41(5) and (7) of the Restrictive Trade Practices Act 1976 for “section 104 of the Magistrates" Courts Act
1952” substitute, in each case, “
section 127(1) of the Magistrates’ Courts Act 1980
”
.
Adoption Act 1976 (c. 36)
141
F765. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142
F766. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bail Act 1976 (c. 63)
F767143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F768144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145
In section 4(7) of the Bail Act 1976 for “section 8 of the Magistrates’ Courts Act 1952” substitute “section 41 of the Magistrates’ Courts Act 1980”.
F769146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Land Drainage Act 1976 (c.70)
F770147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences (Amendment) Act 1976 (c. 82)
F771148
In section 3(3) of the Sexual Offences (Amendment) Act 1976 for “section 6(1) of the Children and Young Persons Act 1969”
substitute “
section 24(1) of the Magistrates’ Courts Act 1980
”
.
Criminal Law Act 1977 (c. 45)
149
In section 28(8) of the Criminal Law Act 1977 for “Schedule 3 to this Act” substitute “
Schedule I to the Magistrates’ Courts Act 1980
”
.
150
In section 38(1) of the Criminal Law Act 1977 for “subsection (4) of section 102 of the Magistrates’ Courts Act 1952”
substitute “
subsection (3) of section 125 of the Magistrates’ Courts Act 1980
”
.
151
F772. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152
In section 64(2) of the Criminal Law Act 1977 for “section 23 above” substitute “
section 22 of the Magistrates’ Courts Act 1980 (cases where value involved is small)
”
.
153
In section 65(2) of the Criminal Law Act 1977 for “14” substitute “
15
”
and for “Magistrates’ Courts Act 1952” substitute “
Magistrates’ Courts Act 1980
”
.
154
In paragraph 1 of Schedule 5 to the Criminal Law Act 1977—
(a)
in subparagraph (1)(b), for “subparagraph (2)(b) below” substitute “
subparagraph (IA) below
”
;
(b)
“(1A)
The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—
(i)
section 4(2) (production, or being concerned in the production, of a controlled drug) ;
(ii)
section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another) ;
(iii)
section 5(3) (having possession of a controlled drug with intent to supply it to another)
(iv)
section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there) ;
(v)
section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs) ; or
(vi)
section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying, etc. controlled drugs).”.
155
In paragraph 1 of Schedule 14 to the Criminal Law Act 1977 for “14 to 26, 34 and 35” substitute “
15 and 17
”
.
Civil Aviation Act 1978 (c. 8)
156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F773
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
F774157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F775158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
159
In section 16(8) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “Part II of the Magistrates’ Courts Act 1952” substitute “Part 11 of the Magistrates’ Courts Act 1980”.
160
In section 22 of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 63 of the Magistrates’ Courts Act
1952” substitute “
section 75 of the Magistrates’ Courts Act 1980
”
.
161
In section 23 of the Domestic Proceedings and Magistrates’ Courts Act 1978—
(a)
in subsection (1) for “section 55(1) of the Magistrates’ Courts Act 1952” substitute “
section 64(1) of the Magistrates’ Courts Act 1980
”
;
(b)
in subsection (2) for “section 53 of the Magistrates’ Courts Act 1952” substitute “
section 60 of the Magistrates’ Courts Act 1980
”
and for “section 54(2) of that Act”
substitute “
section 63(2) of that Act
”
.
162
In section 24(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 47(3) of the Magistrates’ Courts Act
1952” substitute “
section 55(3) of the Magistrates’ Courts Act 1980
”
.
F776163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F777164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F778165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F779166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
167
In section 88(1) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 56 of the Magistrates’ Courts Act
1952” substitute “
section 65 of the Magistrates’ Courts Act 1980
”
and for “section 15 of the Justices of the Peace Act
1949” substitute “
section 144 of the Magistrates’ Courts Act 1980
”
.
Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)
F780168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation Act 1978 (c. 30)
169
In Schedule 1 to the Interpretation Act 1978—
(a)
in paragraph (a) of the definition of “committed for trial” for “section 7 of the
Magistrates’ Courts Act 1952” substitute “
section 6 of the Magistrates’ Courts Act 1980
”
;
(b)
in paragraph (a) of the definition of “magistrates’ court” for “section 124 of the
Magistrates’ Courts Act 1952” substitute “
section 148 of the Magistrates’ Courts Act 1980
”
;
(c)
in the entry about expressions relating to offences for “section 23 of the Criminal Law Act 1977” substitute “
section 22 of the Magistrates’ Courts Act 1980
”
Theft Act 1978 (c. 31)
170
In section 4(3)(b) of the Theft Act 1978 for “section 28 of the Criminal Law Act 1977” substitute “
section 32 of the Magistrates’ Courts Act 1980
”
.
Protection of Children Act 1978 (c. 37)
171
In section 6(3)(b) of the Protection of Children Act 1978 for “section 28 of the Criminal Law Act 1977” substitute “
section 32 of the Magistrates’ Courts Act 1980
”
.
172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F781
173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F782
Employment Protection (Consolidation) Act 1978 (c. 44)
174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F783
F784175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Customs and Excise Management Act 1979 (c. 2)
176
In section 147(2) of the Customs and Excise Management Act 1979 for “section 25(3) of the Criminal Law Act 1977”
substitute “
section 25(3) of the Magistrates’ Courts Act 1980
”
177
In section 151 of the Customs and Excise Management Act 1979 for “section 114 of the Magistrates’ Courts Act 1952”
substitute “
section 139 of the Magistrates’ Courts Act 1980
”
.
178
In section 171(2)(a) of the Customs and Excise Management Act 1979 for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum
substituted by order under section 61(1) of that Act)” substitute “
section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that
Act)
”
.
Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)
179
In section 15(3)(a) of the Customs and Excise (General Reliefs) Act 1979 for “section 28 of the Criminal Law Act 1977 (£1,000 or other
sum substituted by order under section 61(1) of that Act)” substitute “
section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143 (1) of that
Act)
”
.
Alcoholic Liquor Duties Act 1979 (c. 4)
180
In section 49(1) of the Alcoholic Liquor Duties Act 1979 in the definition of “the prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “
section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that
Act)
”
.
Hydrocarbon Oils Duties Act 1979 (c. 5)
181
In section 27(1) of the Hydrocarbon Oils Duties Act 1979 in the definition of “prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “
section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted under section 143(1) of that Act)
”
.
Agricultural Statistics Act 1979 (c. 13)
182
In section 6(1) of the Agricultural Statistics Act 1979, in the definition of “the prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 6(1) of that Act)” substitute “
section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that
Act)
”
.
Credit Unions Act 1979 (c. 34)
F785183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F786
Estate Agents Act 1979 (c. 38)
F787185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Merchant Shipping Act 1979 (c. 39)
186
In section 42(4) of the Merchant Shipping Act 1979 for “Section 18 of the Criminal Law Act 1977” substitute “
Section 127(2) of the Magistrates’ Courts Act 1980
”
.
187
In section 43(5) of the Merchant Shipping Act 1979 for “subsection (1) of section 61 of the Criminal Law Act 1977”
substitute “
subsection (1) of section 143 of the Magistrates’ Courts Act 1980
”
and for “section 28 of that
Act” substitute “
section 32 of that Act
”
.
188
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F788
189
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F789
Ancient Monuments and Archeological Areas Act 1979 (c. 46)
F790190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices of the Peace Act 1979 (c. 55)
F791191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F792192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F793193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F794194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F795195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F796196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F797197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Isle of Man Act 1979 (c. 58)
198
In section 5 of the Isle of Man Act 1979—
(a)
in subsection (2)(a) for “section 77 of the Magistrates’ Courts Act 1952” substitute “
section 97 of the Magistrates’ Courts Act 1980
”
;
(b)
in subsection (3)(a) for “sections 2 and 9 of the Criminal Justice Act 1967” substitute “
section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates’ Courts Act 1980
”
and for “section 2” substitute “
section 102
”
.
F798.....
F799199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F800200
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foster Children Act 1980 (c. 6)
F801201
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residential Homes Act 1980 (c. 7)
202
In section 4(2) of the Residential Homes Act 1980 for “the Magistrates’ Courts Act 1952” substitute “
the Magistrates’ Courts Act 1980
”
.
Reserve Forces Act 1980 (c. 9)
F802203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
204
In paragraph 2(4) of Schedule 5 to the Reserve Forces Act 1980 for “the Magistrates’ Courts Act 1952”
substitute “
the Magistrates’ Courts Act 1980
”
.
Protection of Trading Interests Act 1980 (c. 11)
F803205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Competition Act 1980 (c. 21)
F804206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Companies Act 1980 (c. 22)
207
In section 87(1) of the Companies Act 1980, in the definition of “the statutory maximum”, for “section 28 of the Criminal Law Act 1977” substitute “
section 32 of the Magistrates’ Courts Act 1980
”
and for “section 61 of that Act”
substitute “
section 143 of that Act.
”
.
SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS
Interpretation
1
In this Schedule references to the old enactments are to enactments repealed or amended by this Act and references to the appointed day are to the day on which this Act comes into force.
Proceedings commenced before appointed day
2
(1)
Where proceedings were commenced before the appointed day, the old enactments relating to the proceedings continue to apply and nothing in this Act affects those enactments.
(2)
Without prejudice to the generality of sub-paragraph (1) above, the old enactments relating to proceedings which continue in force by virtue of it include any provision of those enactments which creates an offence, which relates to civil or criminal procedure, which relates to the punishment for an offence, or which relates to enforcing, appealing against, questioning, varying or rescinding anything ordered or done in the proceedings.
Offences committed before appointed day
3
(1)
This paragraph applies where proceedings are commenced under this Act in relation to an offence committed before the appointed day.
(2)
Nothing in this Act renders a person liable to punishment by way of fine or imprisonment for the offence which differs from the punishment to which he would have been liable if this Act had not been passed and proceedings for the offence had been commenced under the old enactments.
(3)
Nothing in this Act renders a person liable to pay compensation under a compensation order in respect of the offence which differs from the compensation he would have been liable to pay if this Act had not been passed and proceedings for the offence had been commenced under the old enactments.
(4)
The provisions of this Act corresponding to the old enactments relating to punishment and compensation are to be construed accordingly.
Other matters: general
4
Paragraphs 5 and 6 below have effect subject to paragraphs 2 and 3 above.
5
Without prejudice to any express amendment made by this Act, a reference in an enactment or other document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as, or as including, a reference to this Act or to the corresponding provision of this Act.
6
Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of it had been in force when that period began to run.
Saving for transitionals in orders
7
(1)
This paragraph applies where any provision of an old enactment—
(a)
was brought into force by order which made transitional provision in connection with the provision brought into force, or
(b)
fell to be brought into force by order which could have made transitional provision in connection with the provision brought into force, if this Act had not been passed.
(2)
In that case, an order under section 155(7) of this Act may make corresponding transitional provision in connection with any provision of this Act corresponding to that of the old enactment.
Savings of amendments
8
Notwithstanding the repeal by this Act of the M60Magistrates’ Courts Act 1952, the amendments made in other enactments (“the amended enactments”) by that Act shall, to the extent that they had effect immediately before the coming into force of this Act, continue to have effect subject to any amendment of any of the amended enactments by this Act.
Savings for Local Government Act 1972
9
The provisions of this Act shall have effect without prejudice to the exercise of any power conferred by section 67 of the M61Local Government Act 1972 (consequential and transitional arrangements relating to Part IV), section 252 of that Act (general power to adapt Acts and instruments) or section 254 of that Act (consequential and supplementary provision); and any such power which, if this Act had not been passed, would have been exercisable in relation to an enactment repealed by this Act shall be exercisable in the like manner and to the like extent in relation to the corresponding provision (if any) of this Act.
Scottish saving
10
(1)
This paragraph applies to Schedule 7B to the M62Criminal Procedure (Scotland) Act 1975, which was inserted by paragraph 12 of Schedule 11 to the M63Criminal Law Act 1977 and takes the same form as Schedule 5 to that Act (subject to certain modifications specified in that paragraph).
(2)
Schedule 7B is not affected by—
(a)
the repeal by Schedule 9 to this Act of paragraph 1(2)(a) and (b) of Schedule 5;
(b)
the amendments made to paragraph 1 of Schedule 5 by Schedule 7 to this Act.
X3SCHEDULE 9 REPEALS
Chapter. | Short title | Extent of repeal |
|---|---|---|
12, 13 & 14 Geo. 6. c. 101. | Justices of the Peace Act 1949. | Section 15(1), (2), (3), (7), (8) and (9). |
15 & 16 Geo. 6 & 1 Eliz. 2. c. 55. | Magistrates’ Courts Act 1952. | The whole Act. |
5 & 6 Eliz. 2. c. 29. | Magistrates’ Courts Act 1957. | The whole Act. |
6 & 7 Eliz. 2. c. 39. | Maintenance Orders Act 1958. | Section 16. |
Section 20(6). | ||
7 & 8 Eliz. 2. c. 72. | Mental Health Act 1959. | In Schedule 7, in Part I, the entry relating to the Magistrates’ Courts Act 1952. |
7 & 8 Eliz. 2. c. 73. | Legitmacy Act 1959. | Section 5(2). |
9 & 10 Eliz. 2. c. 39. | Criminal Justice Act 1961. | In subsection 1(5) the words “and subsections (2) and (3) of section twenty-eight of the Magistrates’ Courts Act 1952”. |
Section 8(3). | ||
In section 41(4), the words “section twenty-eight of the Magistrates’ Courts Act 1952”. | ||
In Schedule 4, the entries relating to sections 28 and 126 of the Magistrates’ Courts Act 1952. | ||
In Schedule 6, the text of the Magistrates’ Courts Act 1952, section 28. | ||
1963 c. 37. | Children and Young Persons Act 1963. | Section 27. |
1964 c. 42. | Administration of Justice Act 1964. | Section 11. |
In Schedule 3, paragraphs 20(2) and 22(3) and (5). | ||
1965 c. 69. | Criminal Procedure (Attendance of Witnesses) Act 1965. | In Schedule 2, in Part I, the entry relating to the Magistrates’ Courts Act 1952. |
1967 c. 80. | Criminal Justice Act 1967. | Sections 1 to 6. |
Section 19. | ||
In section 20, the words “or section 28 or 29 of the Magistrates’ Courts Act 1952 (committal for sentence)”. | ||
Section 24. | ||
Section 26. | ||
Sections 28 to 30. | ||
In section 33, the words from the beginning to “that section and”. | ||
In section 36(1), the definitions of “broadcast” and “publish”. | ||
Section 44, 44A and 45. | ||
In section 50, the words from the beginning to “Part of that Act”. | ||
Section 56(4). | ||
In section 89(1), the words “2 or”. | ||
In section 90(1) the words “an order under section 44(8) or”. | ||
Section 94. | ||
In section 106(2)(b), the figure “3”. | ||
In Schedule 6, paragraphs 9 to 13 and 17 to 20. | ||
1968 c. 69. | Justices of the Peace Act 1968. | In Schedule 3, paragraph 8. |
1969 c. 54. | Children and Young Persons Act 1969. | Section 6. |
Section 10(3). | ||
Section 61. | ||
In Schedule 4, paragraph 4. | ||
1970 c. 31. | Adminstration of Justice Act 1970. | Section 12. |
In section 28(1), the definition of “the Act of 1952” and “magistrates’ court maintenance order”. | ||
Section 30(1) and (2) as respects section 12. | ||
Section 41(6). | ||
Section 42. | ||
Section 50. | ||
In section 51, subsection (1), and in subsection (3) the defintion of “the Act of 1952”. | ||
1971 c. 23. | Courts Act 1971. | Section 7(1). |
In Schedule 8, paragraph 34, in paragraph 48(b) in the words “56(4)(6)” the word “4”, and paragraph 52. | ||
In Schedule 9, in Part I, the entry relating to the Magistrates’ Courts Act 1952. | ||
1972 c. 18. | Maintenance Orders (Reciprocal Enforcement) Act 1972. | Section 22(2)(b). |
1972 c. 70. | Local Government Act 1972. | In Schedule 27, paragraph 16. |
1972 c. 71. | Criminal Justice Act 1972. | Section 41. |
Sections 44 and 45. | ||
Section 50. | ||
In Schedule 5, the entries relating to the Magistrates’ Courts Act 1952 and the entry relating to section 691) of the Children and Young Persons Act 1969. | ||
1973 c. 14. | Costs in Criminal Cases Act 1973. | In Schedule 1, paragraph 1. |
1973 c. 29. | Guardianship Act 1973. | Section 9(2)(b). |
1973 c. 38. | Social Security Act 1973. | In Schedule 27, in paragraph 85, the words “and 12(2)(b)” and “(in each place)”. |
1973 c. 62. | Powers of Criminal Courts Act 1973. | Section 35(5). |
In Schedule 5, paragraphs 4, 5, 7, 16 and 34. | ||
1974 c. 4. | Legal Aid Act 1974. | In Schedule 4, paragrah 3. |
1975 c. 21. | Criminal Procedure (Scotland) Act 1975. | Section 326(2). |
In section 463(1)(b), the words “Section 326(2)”. | ||
1976 c. 63. | Bail Act 1976. | In Schedule 2, paragraphs 14 to 29 and 35. |
1977 c. 45. | Criminal Law Act 1977. | Section 14. |
In section 15, in subsection (1), paragraph (b) and the word “and” immediately preceeding it, and in subsection (3) paragraph (a). | ||
Section 16. | ||
Sections 18 to 27. | ||
In section 28, subsections (1) to (7) and in subsection (8) the words from “and subsection (2) above” to the end. | ||
Section 29. | ||
Section 30(4). | ||
Section 32(2). | ||
Sections 34 and 35. | ||
In section 36, subsections (2) to (8) and in subsection (9) the definitions of “guardian” and “the statutory restrictions upon the imprisonment of young offenders”. | ||
Sections 41 and 42. | ||
Section 45. | ||
In section 58, subsections (1), (4) and (6). | ||
Sections 59 to 61. | ||
In section 63(2), in the entry relating to section 65(4) and Schedule 12 so far as they relate to the Criminal Justice Act 1967, the words “3 and”. | ||
In section 65(10)(e) the words from “and the provisions” to “all such places (except Scotland)”. | ||
Schedule 2. | ||
Schedule 3. | ||
Schedule 4. | ||
In Schedule 5, paragraph 1(2)(a) and (b). | ||
In Schedule 7, paragraph 1. | ||
Schedule 8. | ||
In Schedule 12, the entries relating to the Magistrates’ Courts Act 1952, the entries relating to sections 3, 24, 44(5) and 44A of the Criminal Justice Act 1967, and paragraphs 2 and 3 of the entries relating to the Criminal Justice Act 1972. | ||
In Schedule 14, paragraph 2, in paragraph 3(1) the words “or 2”, paragraph 4, and in paragraph 5 the words “(other than section 29 or any provision mentioned in paragraph 4 above)”. | ||
1978 c. 22. | Domestic Proceedings and Magistrates’ Courts Act 1978. | Sections 75 to 85. |
In Schedule 1, in paragraph 5 the words “or in any of sections 79 to 82”, paragraph 6 and paragraph 7. | ||
In Schedule 2, paragraphs 15 and 21. | ||
1978 c. 37. | Protection of Children Act 1978. | Section 2(2). |
1979 c. 55. | Justices of the Peace Act 1979. | In Schedule 2, paragraphs 7 to 9 and paragraph 14. |
1980 c. 5. | Child Care Act 1980. | In Schedule 5, paragraph 5. |
1980 c. 11. | Protection of Trading Interests Act 1980. | In section 8(5), the words from “together with” to the end. |