Courts Act 1971

SCHEDULE 8 Amendments of other Acts

Section 56. Part I General Administrative functions of quarter sessions and clerks of the peace 1 (1) Any function of courts of quarter sessions, or of committees of quarter sessions, which relates— (a) to the deposit of plans or documents, other than those relating to judicial business, or (b) to the keeping of records other than those relating to judicial business, or (c) to any other matter which is not of a judicial nature, shall be transferred to the local authorities for the areas to which those matters relate. (2) Any function of clerks of the peace, or deputy clerks of the peace, relating to any of the matters mentioned in sub-paragraph (1) above shall be transferred to the clerks of the local authorities for the areas to which those matters relate. (3) The preceding provisions of this paragraph are without prejudice to— (a) sections 3 and 31 of the Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and (b) section 101 of the Local Government Act 1933 (which transferred certain functions of clerks of the peace to clerks of county councils). (4) References in this paragraph to local authorities— (a) do not include the Greater London Council, (b) include county councils, but not any authority for a part of a county: Provided that as respects matters in the Isles of Scilly the Council of the Isles of Scilly shall be the local authority. (5) So far as any matter referred to in this paragraph relates to the Inner Temple or the Middle Temple, references in this paragraph to local authorities, or to clerks of local authorities, are references to the Sub-Treasurer of the Inner Temple or, as the case may be, the Under-Treasurer of the Middle Temple. General rules of construction 2 (1) In any enactment or other instrument for any reference or expression in the first column of the Table below there shall be substituted the relevant reference or expression in the second column of the Table. (2) Sub-paragraph (1) above applies to Acts or instruments passed or made before the appointed date or later. (3) The preceding provisions of this paragraph apply subject to the provisions of this Act, and only except where the context otherwise requires, and in particular do not apply in relation to a sentence imposed, or other thing done, by a court before the appointed day. TABLE Reference | Substituted reference 1 Court of gaol delivery or of oyer and terminer. | The Crown Court. 2 Court of assize, or assizes, where the context does not relate to civil jurisdiction. | The Crown Court. 3 Court of assize, or assizes, where the context relates either to criminal or civil jurisdiction, or relates exclusively to civil jurisdiction. | The Crown Court or the High Court, or as the case may be the High Court and not the Crown Court. 4 Court of quarter sessions, or committee of a court of quarter sessions, except in relation to functions transferred to some authority other than the Crown Court. This paragraph applies to references to courts of quarter sessions, however expressed, and applies in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14), of the Interpretation Act 1889, were included in the expression “court of quarter sessions”. | The Crown Court. 5 Judge or commissioner of assize, or judge acting during assizes. | The Crown Court or the High Court, or both, according as the reference is to criminal jurisdiction, or civil jurisdiction, or to both. 6 Chairman or deputy chairman of quarter sessions. | The Crown Court. 7 Recorder, or deputy, assistant or temporary recorder, of a borough (but not the Recorder of London). | (a) Where the context implies a reference to jurisdiction of the Crown Court, the Crown Court. (b) Where the context implies a reference to any judicial function not related to a court of quarter sessions (or the Crown Court) such Circuit judge or Recorder as the Lord Chief Justice may nominate for the purpose. (c) In any other case, such local authority, member of a local authority or officer of a local authority as the Lord Chief Justice may nominate. 8 County court judge. | A judge assigned to a county court district, or acting as a judge so assigned. 9 The judge or chairman of the court where the court is the Crown Court and comprises justices of the peace and the reference was applicable before the appointed day to county quarter sessions and meant the chairman or acting chairman of the bench. | The judge presiding in the Crown Court proceedings. 10 Clerk of assize or other officer whose duties related exclusively to the criminal jurisdiction of courts of assize. | The appropriate officer of the Crown Court. 11 Clerk of the peace or deputy clerk of the peace, except in relation to functions transferred to local authorities or officers of local authorities. | The appropriate officer of the Crown Court. 12 Clerk of the court where the court is the Crown Court. | The appropriate officer of the Crown Court. 13 A borough having a separate court of quarter sessions. | A borough which, immediately before the appointed day, had a separate court of quarter sessions. 14 Any period limited by reference to the next sitting, or the beginning or end of the next sitting, of a court of quarter sessions. | 30 days or such other period as the Lord Chief Justice may direct. 15 Any right to apply to a court of quarter sessions limited to a specified sitting of the court next after, or in the calendar year of, a 21st or other anniversary of an enclosure award or other event. | A right to apply to the Crown Court within twleve months from the anniversary. The Crown Court may modify or supersede any associated time limit for the giving of notice of the application, or for the confirmation of any decision on the application. 16 Any reference to local funds in the context of a reference to the Costs in Criminal Cases Act 1952. | Central funds, that is to say money provided by Parliament. Nothing in the Table above shall be taken as affecting any enactment which, as respects any judicial or other office abolished by this Act, provides for— (a) the appointment, retirement, or removal of the officer, or (b) the tenure of office and oaths to be taken by any such officer, or (c) the remuneration, allowances or pensions of any such officer; and nothing in the Table above shall apply to any reference to records of any court. Amendments of local Acts 3 (1) The Lord Chancellor may by order in a statutory instrument provide for such amendments or repeals of provisions of any local Act as appears to him required to give effect to the provisions of this Act. (2) An order under this paragraph may, in particular, provide, if in the opinion of the Lord Chancellor there are special circumstances justifying it, for any jurisdiction of a court of quarter sessions under any local Act to be abolished, or transferred otherwise than to the Crown Court. (3) An order under this paragraph may contain such transitional and other supplemental and incidental provisions as appear to the Lord Chancellor to be necessary or expedient. (4) A statutory instrument under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament. Part II Miscellaneous Amendments Habeas Corpus 1679 4 (1) In section 2 of the Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”. (2) In section 8 of the said Act for “judge of assize” substitute “judge of the Crown Court”. Vagrancy Act 1824 5 The Vagrancy Act 1824 shall be amended as follows:— (a) in section 5, as amended by the Criminal Justice Act 1967, for “quarter sessions” substitute “the Crown Court”, (b) in section 10 for the words from “quarter sessions” to “assembled” substitute “the Crown Court, it shall be lawful for the Crown Court”, and (c) in section 14 for the words following “appeal to” to the end of the section substitute “the Crown Court”. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parliamentary Documents Deposit Act 1837 7 For any reference in the Parliamentary Documents Deposit Act 1837 to the clerk of the peace there shall be substituted a reference to any officer of a local or other authority. Slave Trade Act 1843 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indictable Offences Act 1848 9 In sections 12, 13 and 14 of the Indictable Offences Act 1848 (backing of warrants) for ant reference to justices of oyer and terminer or gaol delivery, except so far as it is a reference to such a justice in Northern Ireland, there shall be substituted a reference to the Crown Court. Petty Sessions (Ireland) Act 1851 10 In section 30 of the Petty Sessions (Ireland) Act 1851 for the reference to justices of oyer and terminer and general gaol delivery in England there shall be substituted a reference to the Crown Court. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Explosives Act 1875 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Central Criminal Court (Prisons) Act 1881 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coroners Act 1887 15 (1) In section 5 of the Coroners Act 1887— (a) in subsection (2) for the words “at the next” to “is to be” substitute “before the Crown Court”. (b) in subsection (3) for the words following “proper officer” substitute “of the Crown Court”. (2)&(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Witnesses (Public Inquiries) Protection Act 1892 16 In section 3 of the Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”. Indictments Act 1915 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1925 19 In section 33(3) of the Criminal Justice Act 1925 (arraignment of corporation) for the words from the beginning to “case may be” substitute “On arraignment of a corporation, the corporation may”. Coroners (Amendment) Act 1926 20 (1) The provisions of this Act about committal for trial by a magistrates’ court, and the provisions of section 7(2) and section 13 of this Act, shall, subject to the provisions of this paragraph, apply with any necessary modifications to the proceedings mentioned in section 25(2) of the Coroners (Amendment) Act 1926. (2) Rules under the said section 25(2) may apply— (a) the provisions of this Act mentioned in sub-paragraph (1) above, and any other enactment relating to committal by magistrates’ courts for trial in the Crown Court, and (b) the provisions of the Criminal Procedure (Attendance of Witnesses) Act 1965 relating to witness orders. with such modifications as may be necessary for giving effect to provisions of the said section 25. (3) Sub-paragraph (1) above shall have effect subject to any rules so made. Petroleum (Consolidation) Act 1928 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1948 24 In the Criminal Justice Act 1948— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in all places where there occurs a reference to a court of quarter sessions (sections . . . 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court. 25—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 (1) In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph— (b) the High Court may release on bail a person— (i) who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or (ii) who has applied to the High Court for an order of certorari to remove proceedings in the Crown Court on his case into the High Court, or has applied to the High Court for leave to make such an application. (2) At the end of subsev=ction (3) of that section there shall be added the words “or by a police officer not below the rank of inspector or the governor of a prison or the keeper of a place of detention”. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prison Act 1952 33 In section 47(5) of the Prison Act 1952 as amended by the Criminal Justice Act 1961 for the words “at assizes or quarter sessions” substitute “before the Crown Court” and for “quarter sessions” substitute “the Crown Court”. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County Courts Act 1959 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obscene Publications Act 1959 37 In section 3(50 of the Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from “fourteen days” to “order is made” substitute “the period within which notice of appeal to the Crown Court may be given against the order”. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Caravan Sites and Control of Development Act 1960 39 In section 9(2) of the Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from “on such date” to the words “case stated or otherwise” substitute “on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction”. Administration of Justice Act 1960 40 (1) In section 13(2) of the Administration of Justice Act 1960 (appeal in cases of contempt of court) after paragraph (b) insert— (bb) from an order or decision of the Crown Court to the Court of Appeal. (2) In section 13(5)(a) of the said Act after “High Court” insert “the Crown Court”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1961 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This Amendment shall cease to have effect when the relevant repeal by the Children and Young Persons Act 1969 takes effect. Licensing Act 1964 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice Act 1964 43 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Procedure (Attendance of Witnesses) Act 1965 45 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purposes of section 13 of this Act a warrant issued under section 4 of the said Act (warrant of arrest to secure attendance of witness) shall be treated as a warrant issued by the Crown Court. (4) In section 4(2) of the said Act for the words “a court of assize or quarter sessions” substitute “the Crown Court”. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1967 48 In the Criminal Justice Act 1967— (a) in all places where there occurs a reference to a court of assize or quarter sessions (sections . . . 56(1)(3)(5)(8)(11), 62(10) . . . and in Schedule 6 paragraphs 2, 14, 16, 21(c)) there shall be substituted a reference to the Crown Court. (b) in all places where there occurs a reference to a court of quarter sessions (sections 20, ... 56 . . . (6), 62(6)(7), . . . and in Schedule 6 paragraph 1) there shall be substituted a reference to the Crown Court. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53, 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Appeal Act 1968 57 (1) In the Criminal Appeal Act 1968— (a) for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), . . .11(2)) substitute the words “the Crown Court”. (b) for the words “at assizes or quarter sessions” wherever they occur (sections 10(2), (3), 24(2)(b), 39(3)) substitute the words “before the Crown Court”. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In section 51(1) of the said Act for the definition of the judge of the court of trial substitute— “the judge of court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding. ” Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 58 In section 1(4) of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words “the High Court” add the words “the Crown Court”. Children and Young Persons Act 1969 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice Act 1970 60 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In paragraphs 1 to 15 of Schedule 9 to the said Act for the words “quarter sessions” and the words “a court of assize or quarter sessions” wherever they occur substitute “the Crown Court”. (4) For paragraphs 16 to 20 of the said Schedule 9 substitute the following paragraph— 16 Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.