Magistrates’ Courts Act 1980, Section 4 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F1(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.
F2[(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 [F3tendered] 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 [F3 tendered] in his presence, or
(b)he cannot be present for reasons of health but is represented by [F4 a legal representative] and has consented to the evidence being [F3tendered] in his absence.]
Textual Amendments
F1Ss. 4-8 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 51(3), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F2S. 4(3) substituted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the substituting Act) by 1996 c. 25, s. 47, Sch. 1 Pt. I para. 2(2) (with s. 78(1)); S.I. 1997/683, art. 1(2)
F3Words in s. 4(4) inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the inserting Act) by 1996 c. 25, s. 47, Sch. 1 Pt. I para. 2(3) (with s. 78(1)); S.I. 1997/683, art. 1(2)
F4Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37, 82), s. 125(3), Sch. 18 para. 25(3)(a)
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