Part II Justices of the peace

Stipendiary magistrates

14 Place of sitting and powers of stipendiary magistrates.

1

A stipendiary magistrate appointed under section 11 above in any commission area shall sit at such court-houses in the area, on such days and at such times as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.

2

A stipendiary magistrate appointed under section 11 above, sitting in a place appointed for the purpose, shall have power—

a

to do any act; and

b

to exercise alone any jurisdiction,

which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.

3

Subsection (2) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.

4

Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of such a stipendiary magistrate.

5

Subsections (2) and (4) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.

6

Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before such a stipendiary magistrate at the place appointed for his sitting.

7

Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the M1Magistrates’ Courts Act 1980.