Part V Magistrates and magistrates’ courts
Justices’ chief executives, justices’ clerks and staff
89 Independence of clerks and staff exercising legal functions.
1
For section 48 of the M1Justices of the Peace Act 1997 substitute—
48 Independence of justices’ clerks and staff exercising legal functions.
1
When exercising any legal function—
a
a justices’ clerk shall not be subject to the direction of the justices’ chief executive or any other person or body; and
b
a member of the staff of a magistrates’ courts committee shall not be subject to the direction of any person or body other than a justices’ clerk.
2
In subsection (1) “legal function” means—
a
any function exercisable by one or more justices of the peace; or
b
a function specified in section 45(4) or (5) above.
2
In section 45 of that Act (functions of justices’ clerks)—
a
in subsection (4) (advice on law, practice or procedure to justices at their request), for “law, practice or procedure” substitute “
matters of law (including procedure and practice)
”
, and
b
in subsection (5) (power to bring point of law, practice or procedure to attention of justices), for “law, practice or procedure” substitute “
law (including procedure and practice)
”
.