Part 6Judges

Flexibility in deployment of judicial resources

65District Judges (Magistrates' Courts) as Crown Court judges etc.

F11

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2

Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).

3

References in any enactment, instrument or other document to a district judge or deputy district judge do not include—

a

a District Judge (Magistrates' Courts), or

b

a Deputy District Judge (Magistrates' Courts).

I166Judges having powers of District Judges (Magistrates' Courts)

1

Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—

a

criminal causes and matters,F8...

F8b

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2

The offices are—

a

judge of the High Court;

F4aa

Master of the Rolls;

ab

ordinary judge of the Court of Appeal;

ac

Senior President of Tribunals;

b

deputy judge of the High Court;

c

Circuit judge;

d

deputy Circuit judge;

e

recorder.

F5f

Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

g

judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

h

transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);

i

deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

j

office listed—

i

in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

ii

in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);

k

district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);

l

deputy district judge appointed under section 102 of the Senior Courts Act 1981;

m

judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;

n

transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);

o

member of a panel of Employment Judges established for England and Wales or for Scotland.

F22A

A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.

3

For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.

F74

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F35

In this section “ qualifying judge advocate ” means—

a

the Judge Advocate General; or

b

a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

6

Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.

F67

This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.

67Removal of restriction on Circuit judges sitting on certain appeals

Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.