Courts Act 2003

66 Judges having powers of District Judges (Magistrates' Courts) E+W

(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, and

(b) family proceedings as defined by section 65 of the 1980 Act.

(2) The offices are—

(a) judge of the High Court;

[F1 (aa) 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.

[F2 (f) 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.]

[F3 (2A) 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.

(4) For the purposes of section 67 of the 1980 Act—

(a) a judge of the High Court or a deputy judge of the High Court is qualified to sit as a member of a family proceedings court to hear family proceedings of any description, and

(b) a Circuit judge, deputy Circuit judge or recorder is qualified to sit as a member of a family proceedings court to hear family proceedings of any description if he has been nominated to do so by the President of the Family Division.

[F4 (5) 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.]

[F5 (7) 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.]

Textual Amendments

F1 S. 66(2)(aa)-(ac) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(2); S.I. 2013/2200, art. 3(g)

F2 S. 66(2)(f)-(o) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(3); S.I. 2013/2200, art. 3(g)

F3 S. 66(2A) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(a); S.I. 2012/669, art. 4(c)

F4 S. 66(5)(6) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(b); S.I. 2012/669, art. 4(c)

F5 S. 66(7) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(4); S.I. 2013/2200, art. 3(g)

Commencement Information

I1 S. 66 partly in force; s. 66 not in force at Royal Assent see s. 110(1)(2); s. 66(1)(a)(2)(3) in force at 26.1.2004 by S.I. 2003/3345, art. 2(a)(iv)