Part II JURISDICTION

The High Court

Other particular fields of jurisdiction

29F1Mandatory, prohibiting and quashing orders

F21

The orders of mandamus, prohibition and certiorari shall be known instead as mandatory, prohibiting and quashing orders respectively.

1A

The High Court shall have jurisdiction to make mandatory, prohibiting and quashing orders in those classes of case in which, immediately before 1st May 2004, it had jurisdiction to make orders of mandamus, prohibition and certiorari respectively.

2

Every such order shall be final, subject to any right of appeal therefrom.

3

In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make F3mandatory, prohibiting or quashing orders as the High Court possesses in relation to the jurisdiction of an inferior court.

C1F43A

The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the Court Martial in matters relating to—

a

trial by the Court Martial for an offence; or

b

appeals from the Service Civilian Court.

4

The power of the High Court under any enactment to require justices of the peace or a judge or officer of F9the county court to do any act relating to the duties of their respective offices, or to require a magistrates’ court to state a case for the opinion of the High Court, in any case where the High Court formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by F5mandatory order.

F65

In any statutory provision—

a

references to mandamus or to a writ or order of mandamus shall be read as references to a mandatory order;

b

references to prohibition or to a writ or order of prohibition shall be read as references to a prohibiting order;

c

references to certiorari or to a writ or order of certiorari shall be read as references to a quashing order; and

d

references to the issue or award of a writ of mandamus, prohibition or certiorari shall be read as references to the making of the corresponding mandatory, prohibiting or quashing order.

F76

In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to F8 requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .