Law

Magistrates’ Courts Act 1980

United Kingdom · statute

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In force since 2026-10-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 231 provisions
  1. Title and introductory text
  2. 1 Issue of summons to accused or warrant for his arrest.
  3. 2 Trial of summary offences
  4. 3 Offences committed on boundaries, etc.
  5. 3A Offences committed on ships and abroad.
  6. 3B Transfer of trials of summary offences.
  7. 4 General nature of committal proceedings.
  8. 5 Adjournment of inquiry.
  9. 5A Evidence which is admissible.
  10. 5B Written statements.
  11. 5C Depositions.
  12. 5D Statements.
  13. 5E Other documents.
  14. 5F Proof by production of copy.
  15. 6 Discharge or committal for trial.
  16. 7 Place of trial on indictment.
  17. 8 Restrictions on reports of commital proceedings.
  18. 8A Power to make rulings at pre-trial hearing
  19. 8B Effect of rulings at pre-trial hearing
  20. 8C Restrictions on reporting
  21. 8D Offences in connection with reporting
  22. 9 Procedure on trial.
  23. 10 Adjournment of trial.
  24. 11 Non-appearance of accused: general provisions.
  25. 12 Non-appearance of accused: plea of guilty.
  26. 12A Application of section 12 where accused appears.
  27. 13 Non-appearance of accused: issue of warrant.
  28. 14 Proceedings invalid where accused did not know of them.
  29. 15 Non-appearance of prosecutor.
  30. 16 Non-appearance of both parties.
  31. 16A Trial by single justice on the papers
  32. 16B Cases not tried in accordance with section 16A
  33. 16C Cases that cease to be tried in accordance with section 16A
  34. 16D Sections 16B and 16C: further provision
  35. 16E Accused not aware of single justice procedure notice
  36. 16F Admissibility of statements
  37. 16G The automatic online conviction option
  38. 16H Conviction
  39. 16I Penalties and other liabilities
  40. 16J Regulations about penalties etc under section 16I
  41. 16K Timing and status of conviction and penalty
  42. 16L Notice of conviction and penalty
  43. 16M Powers to set aside a conviction or replace a penalty etc
  44. 17 Certain offences triable either way.
  45. 17A Initial procedure: accused to indicate intention as to plea.
  46. 17B Intention as to plea: absence of accused.
  47. 17C Intention as to plea: adjournment.
  48. 17D Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences
  49. 17E Functions under sections 17A to 17D capable of exercise by single justice
  50. 18 Initial procedure on information against adult for offence triable either way.
  51. 19 Decision as to allocation
  52. 20 Procedure where summary trial appears more suitable
  53. 20A Procedure where summary trial appears more suitable: supplementary
  54. 21 Procedure where trial on indictment appears more suitable
  55. 22 Certain offences triable either way to be tried summarily if value involved is small.
  56. 22A Low-value shoplifting to be a summary offence
  57. 23 Power of court, with consent of legally represented accused, to proceed in his absence.
  58. 24 Summary trial of information against child or young person for indictable offence.
  59. 24A Child or young person to indicate intention as to plea in certain cases
  60. 24B Intention as to plea by child or young person: absence of accused
  61. 24C Intention as to plea by child or young person: adjournment
  62. 24D Functions under sections 24A to 24C capable of exercise by single justice
  63. 25 Power to change from summary trial to committal proceedings, and vice versa.
  64. 26 Power to issue summons to accused in certain circumstances.
  65. 27 Effect of dismissal of information for offence triable either way.
  66. 27A Power to transfer criminal proceedings
  67. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  68. 29 Power of magistrates’ court to remit a person under 17 for trial to a youth court in certain circumstances.
  69. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 32 Penalties on summary conviction for offences triable either way.
  72. 33 Maximum penalties on summary conviction in pursuance of section 22.
  73. 34 Mitigation of penalties, etc.
  74. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 36A Alterations of names of petty sessions areas in inner London area.
  77. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  78. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  79. 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  81. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  82. 41 Restriction on grant of bail in treason.
  83. 42 Restriction on justices sitting after dealing with bail.
  84. 43 Bail on arrest.
  85. 43A Functions of magistrates’ court where a person in custody is brought before it with a view to his appearance before the Crown Court.
  86. 43B Power to grant bail where police bail has been granted.
  87. 44 Aiders and abettors.
  88. 45 Incitement.
  89. 46 Corporations.
  90. 47 Service of summons out of time after failure to prove service by post.
  91. 48 Return of property taken from accused.
  92. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  93. 50 Construction of references to complaint in enactments dealing with offences.
  94. 51 Issue of summons on complaint
  95. 52 Jurisdiction to deal with complaints.
  96. 53 Procedure on hearing.
  97. 54 Adjournment and stays
  98. 55 Non-appearance of defendant.
  99. 56 Non-appearance of complainant.
  100. 57 Non-appearance of both parties.
  101. 57A Power to transfer civil proceedings (other than family proceedings)
  102. 58 Money recoverable summarily as civil debt.
  103. 59 Orders for periodical payment: means of payment.
  104. 59A Orders for periodical payment: proceedings by designated officer.
  105. 59B Maintenance orders: penalty for breach.
  106. 60 Revocation, variation, etc. of orders for periodical payment.
  107. 61 Periodical payments payable by one person under more than one order.
  108. 62 Provisions as to payments required to be made to a child, etc.
  109. 63 Orders other than for payment of money.
  110. 64 Power to award costs and enforcement of costs.
  111. 65 Meaning of domestic proceedings.
  112. 65A Meaning of family procedure rules
  113. 66 Composition of magistrates’ courts for family proceedings: general.
  114. 67 Family proceedings courts.
  115. 68 Combined domestic court panels.
  116. 68A Power of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings
  117. 69 Sittings of magistrates’ courts for domestic proceedings.
  118. 70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
  119. 71 Newspaper reports of domestic proceedings.
  120. 72 Report by probation officer on means of parties.
  121. 73 Examination of witnesses by court.
  122. 74 Reasons for decisions in domestic proceedings.
  123. 75 Power to dispense with immediate payment.
  124. 76 Enforcement of sums adjudged to be paid.
  125. 77 Postponement of issue of warrant.
  126. 78 Defect in distress warrant and irregularity in its execution.
  127. 79 Release from custody and reduction of detention on payment.
  128. 80 Application of money found on defaulter to satisfy sum adjudged.
  129. 81 Enforcement of fines imposed on young offenders.
  130. 82 Restriction on power to impose imprisonment for default.
  131. 83 Process for securing attendance of offender . . . .
  132. 84 Power to require statement of assets and other financial circumstances .
  133. 85 Power to remit fine.
  134. 85A Variation of instalments of sum adjudged to be paid by conviction.
  135. 86 Power of magistrates’ court to fix day for appearance of offender at means inquiry etc.
  136. 87 Enforcement of payment of fines by High Court and county court.
  137. 87A Fines imposed on companies.
  138. 88 Supervision pending payment.
  139. 89 Transfer of fine order.
  140. 90 Transfer of fines to Scotland or Northern Ireland.
  141. 91 Transfer of fines from Scotland or Northern Ireland.
  142. 92 Restriction on power to impose imprisonment for default.
  143. 93 Complaint for arrears.
  144. 94 Effect of committal on arrears.
  145. 94A Interest on arrears.
  146. 95 Remission of arrears and manner in which arrears to be paid.
  147. 96 Civil debt: complaint for non-payment.
  148. 96A Application of Part III to persons aged 17 to 20.
  149. 97 Summons to witness and warrant for his arrest.
  150. 97A Summons or warrant as to committal proceedings.
  151. 98 Evidence on oath.
  152. 99 Proof of non-payment of sum adjudged.
  153. 100 Statement of wages to be evidence.
  154. 101 Onus of proving exceptions, etc.
  155. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  156. 103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc.
  157. 104 Proof of previous convictions.
  158. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  159. 106 False written statements tendered in evidence.
  160. 107 False statements in declaration proving service, etc.
  161. 108 Right of appeal to the Crown Court.
  162. 109 Abandonment of appeal.
  163. 110 Enforcement of decision of the Crown Court.
  164. 111 Statement of case by magistrates’ court.
  165. 111A Appeals on ground of error of law etc in child support proceedings
  166. 112 Effect of decisions made on case stated or on appeal
  167. 113 Bail on appeal or case stated.
  168. 114 Recognizances and fees on case stated.
  169. 115 Binding over to keep the peace or be of good behaviour.
  170. 116 Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.
  171. 117 Warrant endorsed for bail.
  172. 118 Varying or dispensing with requirement as to sureties.
  173. 119 Postponement of taking recognizance.
  174. 120 Forfeiture of recognizance.
  175. 121 Constitution and place of sitting of court.
  176. 122 Appearance by counsel or solicitor.
  177. 123 Defect in process.
  178. 124 Process valid notwithstanding death, etc., of justice.
  179. 125 Warrants.
  180. 125ZA Warrants of control
  181. 125A Civilian enforcement officers.
  182. 125B Execution by approved enforcement agency.
  183. 125BA Powers of persons authorised under section 125A or 125B
  184. 125C Disclosure of information for enforcing warrants.
  185. 125CA Power to make disclosure order
  186. 125CB Use of information supplied under disclosure order
  187. 125D Execution by person not in possession of warrant.
  188. 126 Execution of certain warrants outside England and Wales.
  189. 127 Limitation of time.
  190. 128 Remand in custody or on bail.
  191. 128A Remands in custody for more than eight days.
  192. 129 Further remand.
  193. 130 Transfer of remand hearings.
  194. 131 Remand of accused already in custody.
  195. 132 Minimum term.
  196. 133 Consecutive terms of imprisonment.
  197. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  198. 135 Detention of offender for one day in court-house or police station.
  199. 136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction.
  200. 137 Fees.
  201. 138 Remission of fees
  202. 139 Disposal of sums adjudged to be paid by conviction.
  203. 140 Disposal of non-pecuniary forfeitures.
  204. 141 Clerks to justices.
  205. 142 Power of magistrates’ court to re-open cases to rectify mistakes etc.
  206. 143 Power to alter sums specified in certain provisions.
  207. 144 ... Rules of procedure.
  208. 144A Rules to be made if required by Lord Chancellor
  209. 145 Rules: supplementary provisions.
  210. 145A Rules: costs order against legal representative.
  211. 146 Rules relating to youth court panels and composition of youth courts.
  212. 147 Occasional court-house.
  213. 148 “Magistrates’ court”.
  214. 149 Isles of Scilly.
  215. 150 Interpretation of other terms.
  216. 151 Application of Act to distress for rates.
  217. 152 Saving for juvenile courts.
  218. 153 Magistrates’ court may sit on Sundays and public holidays.
  219. 154 Consequential amendments, transitional provisions, repeals, etc.
  220. 155 Short title, extent and commencement.
  221. SCHEDULE 1 OFFENCES TRIABLE EITHER WAY BY VIRTUE OF SECTION 17
  222. SCHEDULE 2 OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL
  223. SCHEDULE 3 CORPORATIONS
  224. SCHEDULE 4 MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT
  225. SCHEDULE 4A Powers of authorised officers executing warrants
  226. SCHEDULE 5 TRANSFER OF REMAND HEARINGS
  227. SCHEDULE 6
  228. Schedule 6A FINES THAT MAY BE ALTERED UNDER SECTION 143
  229. SCHEDULE 7 CONSEQUENTIAL AMENDMENTS
  230. SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS
  231. SCHEDULE 9 REPEALS

Proposed changes to this act

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231 provisions

138 Remission of fees

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139 Disposal of sums adjudged to be paid by conviction.

The designated officer for a magistrates' court shall apply moneys received by him on account of a sum adjudged to be paid by a summary conviction as follows— (a) in the first place in payment of any compensation adjudged by the conviction to be paid to any person; (aa) in the second place in payment to the fund mentioned in paragraph (c) below of surcharges imposed under section 42 of the Sentencing Code; (b) in the third place in payment of any costs so adjudged to be paid to the prosecutor; and (c) the balance to the fund to which, or the person to whom, he is required to pay the sum by section 38 of the Courts Act 2003 or any other enactment relating to the sum.

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140 Disposal of non-pecuniary forfeitures.

Subject to any enactment relating to customs or excise, anything other than money forfeited on a conviction by a magistrates’ court or the forfeiture of which may be enforced by a magistrates’ court shall be sold or otherwise disposed of in such manner as the court may direct; and the proceeds shall be applied as if they were a fine imposed under the enactment on which the proceedings for the forfeiture are founded.

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141 Clerks to justices.

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142 Power of magistrates’ court to re-open cases to rectify mistakes etc.

(1) A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make. (1A) The power conferred on a magistrates’ court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if— (a) the Crown Court has determined an appeal against— (i) that sentence or order; (ii) the conviction in respect of which that sentence or order was imposed or made; or (iii) any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or (b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order. (2) Where a person is convicted by a magistrates’ courtand it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may, . . .so direct. (2A) The power conferred on a magistrates’ court by subsection (2) above shall not be exercisable in relation to a conviction if— (a) the Crown Court has determined an appeal against— (i) the conviction; or (ii) any sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of the conviction; or (b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction. (3) Where a court gives a direction under subsection (2) above— (a) the conviction and any sentence or other order imposed or made in consequence thereof shall be of no effect; and (b) section 10(4) above shall apply as if the trial of the person in question had been adjourned. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where a sentence or order is varied under subsection (1) above, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.

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143 Power to alter sums specified in certain provisions.

(1) If it appears to the Secretary of State that there has been a change in the value of money since the relevant date, he may by order substitute for the sum or sums for the time being specified in any provision mentioned in subsection (2) below such other sum or sums as appear to him justified by the change. (2) The said provisions are— (a) section 22 (1) above; (aza) section 22A(3)(a) above; (aa) section 24(3) and (4) above; (b) the definition of “the prescribed sum” in section 32(9) above; (c) paragraph (a) of section 33(1) above (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (dd) section 59B(3) above; (e) the Table in paragraph 1 of Schedule 4 to this Act. (f) any provision mentioned in Schedule 6A to this Act; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) section 2(13) of the Children and Young Persons Act 1969 (recognizance from parents and guardians); (j) the Table in section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000; (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l)–(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (q) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994. (3) In subsection (1) above the “relevant date” means— (a) the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); or (aa) in relation to section 22A(3)(a) above, the date of the coming into force of that section; or (b) where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above ..., the date of that order. (4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) An order under subsection (1) above— (a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and (b) shall not affect the punishment for an offence committed before that order comes into force.

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144 ... Rules of procedure.

(A1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, make rules for regulating and prescribing, except in relation to any criminal cause or matter, the procedure and practice to be followed— (a) in magistrates' courts, and (b) by designated officers for magistrates' courts. (1A) If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice ... written reasons for doing so. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The power to make rules conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament. (4A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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144A Rules to be made if required by Lord Chancellor

(1) This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice. (2) The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose. (3) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice; (b) made in accordance with section 144. (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

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145 Rules: supplementary provisions.

(1) The power to make rules conferred by section 144 above shall, without prejudice to the generality of subsection (1) of that section, include power to make provision— (a) as to the practice and procedure of justices in exercising functions preliminary or incidental to proceedings before a magistrates’ court; (b) as to the service and execution of process issued by or for the purposes of a magistrates’ court, including the service and execution in England and Wales of process issued in other parts of the United Kingdom; (c) as to the keeping of records of proceedings before magistrates’ courts and the manner in which things done in the course of, or as preliminary or incidental to, any such proceedings, or any proceedings on appeal from a magistrates’ court to the Crown Court, may be proved in any legal proceedings; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) as to what magistrates’ court shall have jurisdiction to hear any complaint; (ga) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) as to the matters additional to those specified in section 53 above on complaint for which a magistrates’ court shall have power to make an order with the consent of the defendant without hearing evidence; (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Where any Act expressly confers jurisdiction on any magistrates’ court to hear a complaint, rules made under subsection (1)(g) above shall not take away that jurisdiction, but may extend it to any other magistrates’ court. (3) Any Act passed before 16th December 1949, in so far as that Act relates to matters about which rules may be made under section 144 above, shall have effect subject to any rules so made and may be amended or repealed by the rules accordingly; but nothing in the said section shall authorise the rules to reduce the number of justices required for any purpose by any Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Any rules, directions, forms or other instrument having effect immediately before this subsection comes into force as if contained in rules made under section 15 of the Justices of the Peace Act 1949 by virtue of section 15(8) of that Act (rules etc. which previously had effect under the enactments repealed by Part II of Schedule 7 to that Act) shall have effect as if contained in rules made under section 144 above.

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145A Rules: costs order against legal representative.

(1) In any civil proceedings, a magistrates’ court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules. (2) In subsection (1), “wasted costs”means any costs incurred by a party— (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. (3) In this section “legal or other representative”, in relation to any proceedings, means any person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings. (4) Rules made by virtue of this section may, in particular, make provision as to the destination of any payment required to be made under the rules (including provision for the reimbursement of sums paid by the the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ). (5) Rules made by virtue of this section— (a) shall require a magistrates’ court which proposes to act under the rules against a legal or other representative to allow him a reasonable opportunity to appear before it and show cause why it should not do so; (b) shall provide that action may be taken under the rules either on the application of any party to the proceedings or on the motion of the court; (c) shall provide that no such action shall be taken after the end of the period of six months beginning with the date on which the proceedings are disposed of by the court; and (d) shall provide that a legal or other representative against whom action is taken under the rules may appeal to the Crown Court.

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146 Rules relating to youth court panels and composition of youth courts.

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147 Occasional court-house.

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148 “Magistrates’ court”.

(1) In this Act the expression “magistrates’ court” means any justice or justices of the peace acting under any enactment or by virtue of his or their commission or under the common law. (2) Except where the contrary is expressed, anything authorised or required by this Act to be done by, to or before the magistrates’ court by, to or before which any other thing was done, or is to be done, may be done by, to or before any magistrates’ court acting in the same local justice area as that court.

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149 Isles of Scilly.

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150 Interpretation of other terms.

(1) In this Act, unless the context otherwise requires, the following expressions have the meaning hereby assigned to them, that is to say— “Act” includes local Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “bail in criminal proceedings” has the same meaning as in the Bail Act 1976; “collection order”means an order made under Part 4 of Schedule 5 to the Courts Act 2003; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “commit to custody” means commit to prison or, where any enactment authorises or requires committal to some other place of detention instead of committal to prison, to that other place; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act; “fine”, except for the purposes of sections 16G to 16M and of any enactment imposing a limit on the amount of any fine, includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction; “the fines officer”, in relation to a person subject to a collection order, means any fines officer working at the fines office specified in that order; “impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone; “legal representative”means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “prescribed” means prescribed by rules of court; “preserved county” has the meaning given by section 64 of the Local Government (Wales) Act 1994; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “relevant prosecutor” has the meaning given by section 29 of the Criminal Justice Act 2003; “requisition” has the meaning given by section 29 of the Criminal Justice Act 2003; “sentence” does not include a committal in default of payment of any sum of money, or for want of sufficient goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone; “single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003; “sum enforceable as a civil debt” means— any sum recoverable summarily as a civil debt which is adjudged to be paid by the order of a magistrates’ court; any other sum expressed by this or any other Act to be so enforceable; “transfer of fine order” has the meaning assigned to it by section 89 above. “written charge” has the meaning given by section 29 of the Criminal Justice Act 2003; (2) Except where the contrary is expressed or implied, anything required or authorised by this Act to be done by justices may, where two or more justices are present, be done by one of them on behalf of the others. (3) Any reference in this Act to a sum adjudged to be paid by a conviction or order of a magistrates’ court shall be construed as including a reference to any costs, damages or compensation adjudged to be paid by the conviction or order of which the amount is ascertained by the conviction or order; but this subsection does not prejudice the definition of “sum adjudged to be paid by a conviction” contained in subsection (8) of section 81 above for the purposes of that section. (3A) References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4). (4) Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a magistrates’ court, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time. (5) Except where the context otherwise requires, any reference in this Act to an offence shall be construed as including a reference to an alleged offence; and any reference in this Act to an offence committed, completed or begun anywhere shall be construed as including a reference to an offence alleged to have been committed, completed or begun there. (6) References in this Act to an offence punishable with imprisonment or punishable on summary conviction with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under this or any other Act on imprisonment of young offenders. (7) The provisions of this Act authorising a magistrates’ court on conviction of an offender to pass a sentence or make an order instead of dealing with him in any other way shall not be construed as taking away any power to order him to pay costs, damages or compensation.

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151 Application of Act to distress for rates.

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152 Saving for juvenile courts.

The provisions of this Act relating to the constitution, place of sitting and procedure of magistrates’ courts shall, in their application to juvenile courts, have effect subject to any provision contained in rules of court or any enactment regulating the constitution, place of sitting or procedure of juvenile courts.

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153 Magistrates’ court may sit on Sundays and public holidays.

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154 Consequential amendments, transitional provisions, repeals, etc.

(1) Subject to subsection (2) below, the enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act. (2) The transitional provisions and savings in Schedule 8 to this Act shall have effect. (3) Subject to subsection (2) above, the enactments specified in Schedule 9 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule. (4) Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

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155 Short title, extent and commencement.

(1) This Act may be cited as the Magistrates’ Courts Act 1980. (2) The following provisions of this Act extend to Scotland— (a) sections ..., 12(13), 83(3), 90 and 91 and this section; and (b) section 154 and Schedules 7, 8 and 9 so far as they relate to any enactment extending to Scotland. (3) The following provisions of this Act extend to Northern Ireland— (a) sections 83(3), 90 and 91 and this section; and (b) section 154 and Schedules 7, 8 and 9 so far as they relate to an enactment extending to Northern Ireland. (4) The provisions of section 126 above have the same extent as the section of the Indictable Offences Act 1848 to which they refer. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Except as stated in subsections (2) to (5) above, and except so far as relates to the interpretation or commencement of the provisions mentioned in those subsections, this Act extends to England and Wales only. (7) This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.

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SCHEDULE 1 OFFENCES TRIABLE EITHER WAY BY VIRTUE OF SECTION 17

Section 17. 1 Offences at common law of public nuisance. 1A An offence at common law of outraging public decency. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Offences consisting in contravention of section 13 of the Statutory Declarations Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction). 4 Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on railways). 5 Offences under the following provisions of the Offences against the Person Act 1861— (a) section 16 (threats to kill); (b) section 20 (inflicting bodily injury, with or without a weapon); (c) section 26 (not providing apprentices or servants with food etc.); (d) section 27 (abandoning or exposing child); (e) section 34 (doing or omitting to do anything so as to endanger railway passengers); (f) section 36 (assaulting a clergyman at a place of worship etc.); (g) section 38 (assault with intent to resist apprehension); (h) section 47 (assault occasioning bodily harm. . . ); (i) section 57 (bigamy); (j) section 60 (concealing the birth of a child). 6 Offences under section 20 of the Telegraph Act 1868 (disclosing or intercepting messages). 7 Offences under section 13 of the Debtors Act 1869 (transactions intended to defraud creditors). 8 Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent to conceal). 9 Offences under section 12 of the Corn Returns Act 1882 (false returns). 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables). 12 Offences under section 13 of the Stamp Duties Management Act 1891 (offences in relation to dies and stamps). 13 Offences under section 8(2) of the Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains). 14 All offences under the Perjury Act 1911 except offences under— (a) section 1 (perjury in judicial proceedings); (b) section 3 (false statements etc. with reference to marriage); (c) section 4 (false statements etc. as to births or deaths). 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Offences under section 8(2) of the Census Act 1920 (disclosing census information). 19 Offences under section 36 of the Criminal Justice Act 1925 (forgery of passports etc.). 20 Offences under section 11 of the Agricultural Credits Act 1928 (frauds by farmers). 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 The following offences under the Criminal Law Act 1967— (a) offences under section 4(1) (assisting offenders); and (b) offences under section 5(1) (concealing arrestable offences and giving false information), where the offence to which they relate is triable either way. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 All indictable offences under the Theft Act 1968 except:— (a) robbery, aggravated burglary, blackmail and assault with intent to rob; (b) burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment; (c) burglary in a dwelling if any person in the dwelling was subjected to violence or the threat of violence. 29 Offences under the following provisions of the Criminal Damage Act 1971— section 1(1) (destroying or damaging property); section 1(1) and (3) (arson); section 2 (threats to destroy or damage property); section 3 (possessing anything with intent to destroy or damage property). 30 Offences in relation to stamps issued for the purpose of national insurance under the provisions of any enactments as applied to those stamps. 31 Uttering any forged document the forgery of which is an offence listed in this Schedule. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Aiding, abetting, counselling or procuring the commission of any offence listed in the preceding paragraphs of this Schedule except paragraph 26. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 2 OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL

Section 22. Offence | Value involved | How measured 1. Offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property), excluding — | As regards property alleged to have been destroyed, its value. | What the property would probably have cost to buy in the open market at the material time. (a) any offence committed by destroying or damaging property by fire, and (b) any offence committed by destroying or damaging a memorial (see section 22(11A) to (11D)). As regards property alleged to have been damaged, the value of the alleged damage. | (a) If immediately after the material time the damage was capable of repair— (i) what would probably then have been the market price for the repair of the damage, or (ii) what the property alleged to have been damaged would probably have cost to buy in the open market at the material time, whichever is the less; or (b) if immediately after the material time the damage was beyond repair, what the said property would probably have cost to buy in the open market at the material time. 2. The following offences, namely— | The value indicated in paragraph 1 above for the offence alleged to have been aided, abetted, counselled or procured, or attempted or incited. | As for the corresponding entry in paragraph 1 above. (a) aiding, abetting, counselling or procuring the commission of any offence mentioned in paragraph 1 above; (b) attempting to commit any offence so mentioned; and (c) inciting another to commit any offence so mentioned. 3. Offences under section 12A of the Theft Act 1968 (aggravated vehicle-taking) where no allegation is made under subsection (1)(b) other than of damage, whether to the vehicle or other property or both. | The total value of the damage alleged to have been caused. | (1) In the case of damage to any property other than the vehicle involved in the offence, as for the corresponding entry in paragraph 1 above, substituting a reference to the time of the accident concerned for any reference to the material time. (2) In the case of damage to the vehicle involved in the offence — (a) if immediately after the vehicle was recovered the damage was capable of repair— (i) what would probably then have been the market price for the repair of the damage, or (ii) what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken, whichever is the less; or (b) if immediately after the vehicle was recovered the damage was beyond repair, what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken.

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SCHEDULE 3 CORPORATIONS

Section 46. 1 (1) A magistrates’ court may commit a corporation for trial by an order in writing empowering the prosecutor to prefer a bill of indictment in respect of the offence named in the order. (2) An order under this paragraph shall not prohibit the inclusion in the bill of indictment of counts that under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 may be included in the bill in substitution for, or in addition to, counts charging the offence named in the order. 2 A representative may on behalf of a corporation— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) consent to the corporation being tried summarily; (c) enter a plea of guilty or not guilty on the trial by a magistrates’ court of an information. 3 (1) Where a representative appears, any requirement of this Act that anything shall be done in the presence of the accused, or shall be read or said to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said to the representative. (2) Where a representative does not appear, any such requirement, and any requirement that the consent of the accused shall be obtained for summary trial, shall not apply. 4 (1) Notification or intimation for the purposes of subsections (2) and (3) of section 12 above may be given on behalf of a corporation by a director or the secretary of the corporation; and those subsections shall apply in relation to a notification or intimation purporting to be so given as they apply to a notification or intimation purporting to be given by an individual accused. (2) In this paragraph “director”, in relation to a corporation which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that corporation. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subject to the preceding provisions of this Schedule, the provisions of this Act relating to the trial of indictable offences shall apply to a corporation as they apply to an adult. 7 Where a corporation and an individual who has attained the age of 17 are jointly charged before a magistrates’ court with an offence triable either way, the court shall not try either of the accused summarily unless each of them consents to be so tried. 8 Subsection (6) of section 33 of the Criminal Justice Act 1925 shall apply to a representative for the purposes of this Schedule as it applies to a representative for the purposes of that section.

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SCHEDULE 4 MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT

Section 76. 1 Subject to the following provisions of this Schedule, the periods set out in the second column of the following Table shall be the maximum periods applicable respectively to the amounts set out opposite thereto, being amounts due at the time the imprisonment or detention is imposed. Table An amount not exceeding £200 | 7 days An amount exceeding £200 but not exceeding £500 | 14 days An amount exceeding £500 but not exceeding £1,000 | 28 days An amount exceeding £1,000 but not exceeding £2,500 | 45 days An amount exceeding £2,500 but not exceeding £5,000 | 3 months An amount exceeding £5,000 but not exceeding £10,000 | 6 months An amount exceeding £10,000 | 12 months 2 (1) Where the amount due at the time imprisonment or detention is imposed is so much of a sum adjudged to be paid by a summary conviction as remains due after part payment, then, subject to sub-paragraph (2) below, the maximum period applicable to the amount shall be the period applicable to the whole sum reduced by such number of days as bears to the total number of days therein the same proportion as the part paid bears to the whole sum. (2) In calculating the reduction required under sub-paragraph (1) above any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than seven days. 3 The maximum period applicable to a sum of any amount enforceable as a civil debt shall be 6 weeks.

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SCHEDULE 4A Powers of authorised officers executing warrants

Section 125BA Meaning of “authorised officer” etc 1 In this Schedule— “authorised officer”, in relation to a warrant, means a person who is entitled to execute the warrant by virtue of— section 125A of this Act (civilian enforcement officers); or section 125B of this Act (approved enforcement agencies); “premises” includes any place and, in particular, includes— any vehicle, vessel, aircraft or hovercraft; any offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971; and any tent or movable structure. Entry to execute warrant of arrest etc 2 (1) An authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence. (2) The power may be exercised— (a) only to the extent that it is reasonably required for that purpose; and (b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises. (3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— (a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and (b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be. Entry to levy distress 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Searching arrested persons 4 (1) This paragraph applies where a person is arrested in pursuance of a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence. (2) An authorised officer may search the arrested person, if he has reasonable grounds for believing that the arrested person may present a danger to himself or others. (3) An authorised officer may also search the arrested person for anything which he might use to assist him to escape from lawful custody. (4) The power conferred by sub-paragraph (3) above may be exercised— (a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and (b) only to the extent that it is reasonably required for the purpose of discovering any such thing. (5) The powers conferred by this paragraph to search a person are not to be read as authorising the officer to require a person to remove any of his clothing in public other than an outer coat, a jacket or gloves; but they do authorise the search of a person’s mouth. (6) An officer searching a person under sub-paragraph (2) above may seize and retain anything he finds, if the officer has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person. (7) An officer searching a person under sub-paragraph (3) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person might use it to assist him to escape from lawful custody. Use of force 5 An authorised officer may use reasonable force, if necessary, in the exercise of a power conferred on him by this Schedule.

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SCHEDULE 5 TRANSFER OF REMAND HEARINGS

Section 130. 1 A court which, on adjourning a case, makes an order under section 130(1) of this Act is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A court making an order under subsection (1) of section 130 of this Act or remanding the accused under subsection (4) shall at once notify the terms of the order or remand to the court before which the accused is to be brought for the hearing on any application for a subsequent remand or, as the case may be, before which any such application is to be made without his being brought before it 4 A person to whom an order under section 130(1) of this Act applies shall, if released on bail, be bailed to appear before the court which made the order. 5 Section 130 of this Act and this Schedule have effect notwithstanding anything in sections 10, 17C, 18(4) or 24C of this Act.

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SCHEDULE 6

PART I FEES TO BE TAKEN BY Justices’ chief executives NOTE: Nothing in this Part shall be construed as authorising— the collection of any fee from any person who is receiving services funded by the Legal Services Commission as part of the Community Legal Service or is in receipt of income support under section 124 of the Social Security Contributions and Benefits Act 1992, of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995),of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002, of any element of child tax credit other than the family element or of working tax credit; or where, in family proceedings, a fee is payable, as herebefore provided, in respect of an application for any order, the demand of a fee in respect of any action which may subsequently be taken in relation to the enforcement of the order in question. Only one fee is payable where more than one document is issued in relation to a partnership. Nothing in this Part shall be construed as authorising the collection of any fee from any person in respect of any stage in binding over proceedings. For the purpose of this Part, “binding over proceedings” means any proceedings instituted (whether by way of complaint under section 115 of this Act or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour. £ ATTENDANCE On a justice, to view deserted premises in order to affix notice or to give possession thereof, or to view a highway, bridge or nuisance | 44.00 CASE FOR THE OPINION OF HIGH COURT (s. 111 of this Act) Drawing case, copies, taking recognizance as required by s. 114 of this Act and enlargements and renewals thereof (composite fee), where the application to state a case is made on or after 1st April 1992 | 382.00 Certificate of refusal of case, where the application is so made | 8.00 CERTIFICATE Every certificate not otherwise charged | 8.00 CHILD SUPPORT ACT 1991 Application for a liability order (each child) | 0.70 NOTE: This fee is payable on the making of the application. Paternity application (each child) (sections 20 and 27 of the Act ) | 30.00 Appeal against a deduction from earnings order | 10.00 Complaint or application and summons | 10.00 Warrant of arrest | 10.00 Commitment order | 40.00 NOTE: The fee for a commitment order is payable on the making of the order. COMMUNITY CHARGE/COUNCIL TAX/RATES Orders Application for a liability order (each defendant) | 0.70 NOTE: This fee is payable on the making of the application. Commitment Complaint (or application) and summons | 10.00 Warrant of arrest | 10.00 Commitment order | 40.00 NOTE: The fee for a commitment order is payable on the making of the order. COPY First photocopy or 90 word folio of any document | 1.10 Each folio of succeeding 90 words | 0.55 Each additional photocopy | 0.10 NOTE: No fee shall be charged in pursuance hereof for a copy of a summons, of an order or of a warrant in a case in which, as hereafter provided, a fee is authorised for the summons, the order or, as the case may be, the warrant and a copy thereof. For the purposes hereof, a reference to a photocopy includes a reference to any other facsimile copy, however made. DUPLICATE For the duplicate of any document | 5.00 FAMILY PROCEEDINGS Applications under Parts I or II of the Children Act 1989 , section 30 of the Human Fertilisation and Embryology Act 1990, Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 , except under section 16 of that Act for the protection of a spouse or child from violence, the Adoption and Children Act 2002, except under section 23 of that Act and all applications for financial orders (excluding applications to vary or discharge such orders or in respect of claims for maintenance or maintenance orders made to the benefit of, or against, a person residing outside the United Kingdom) | 30.00 Applications under section 31 (care or supervision order), 36 (education supervision order) or 43 (child assessment order) of the Children Act 1989 | 50.00 Applications (a)to vary, extend or discharge an order; (b)for contact or refusal of contact with a child in care, to change a child’s surname or remove the child from the jurisdiction; and (c) section 23 of the Adoption and Children Act 2002 | 20.00 Applications under Part XA (affecting the registration of a child minder or day carer including appeals against cancellation or varying the conditions of the registration) of, and paragraph 8(1) of Schedule 8 (appeals concerning foster parenting) to, the Children Act 1989 | 50.00 NOTE: When an application requires the leave of the court, the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made. LICENCES For every licence, consent or authority not otherwise provided for, to include registration when necessary | 8.00 Application for the revocation of a licence not otherwise provided for | 30.00 OATHS Attestation of constable | 8.00 Every oath, affirmation or solemn declaration not otherwise charged (no fee is payable for the swearing in of witnesses in civil proceedings or in any case where an Act of Parliament directs that no fee shall be taken) | 8.00 OTHER CIVIL PROCEEDINGS Complaint or application | 3.50 Summons and copy | 3.50 Order and copy | 16.50 Warrant and copy | 6.50 WARRANT OF ENTRY Application for a warrant of entry | 2.25 Part II MATTERS IN RESPECT OF WHICH NO FEES ARE CHARGEABLE 1 Any summons, warrant, notice or order issued, given or made under section 83(1) or (2), 88, 89 or 136 of this Act, or section 104 of the General Rate Act 1967, or under any rule made for the purposes of those provisions. 2 Any criminal matter, but this paragraph shall not prevent the charging of a fee for supplying, for use in connection with a matter which is not a criminal matter, a copy of a document prepared for use in connection with a criminal matter. Part III MATTERS TO WHICH PART I DOES NOT APPLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Schedule 6A FINES THAT MAY BE ALTERED UNDER SECTION 143

Enactment | Maximum fine . . . | . . .. . . ATTACHMENT OF EARNINGS ACT 1971 (c.32) Section 23(3) (judge’s fine) | £250 . . . | . . . MAGISTRATES’ COURTS ACT 1980 (c.43) Section 63(3)(a) (disobedience of orders other than payment of money) Section 97(4) (refusal to give evidence etc.) | £5,000 £2,500 CONTEMPT OF COURT ACT 1981 (c.49) Section 12(2) (contempt in face of magistrates’ court) Section 14(2) (contempt in an inferior court) | £2,500 £2,500 Enactment | Maximum fine . . . | . . . COUNTY COURTS ACT 1984 (c.28) Section 55(2) (neglect or refusal to give evidence) Section 118(1) (contempt in face of court) | £1,000 £2,500 . . . | . . . . . . | . . . POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 5, paragraph 2(1) (failure to comply with attendance centre order or attendance centre rules) | £1,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . CORONERS AND JUSTICE ACT 2009 In Schedule 6, paragraphs 5 (refusal to serve as juror etc) and 6 (refusal to give evidence etc) | £1000

Propose a change

SCHEDULE 7 CONSEQUENTIAL AMENDMENTS

Section 154 Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35) 2 In section 6 of the Criminal Law Amendment Act 1867 for “section forty-one of the Magistrates’ Courts Act 1952” substitute “ section 105 of the Magistrates’ Courts Act 1980 ” and for “section fifteen of the Justices of the Peace Act 1949” substitute “ section 144 of that Act ”. Gun Barrel Proof Act 1868 (c. cxiii) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Children and Young Persons Act 1933 (23 & 24 Geo. 5 c. 12) 6 In section 46(1A) of the Children and Young Persons Act 1933 for “section I of the Magistrates’ Courts Act 1957” substitute “ section 12 of the Magistrates’ Courts Act 1980 ”. Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58) 7 In section 27(3) of the Criminal Justice Act 1948 for “section 105(5) of the Magistrates’ Courts Act 1952” substitute “ section 128(7) of the Magistrates’ Courts Act 1980 ”. Maintenance Orders Act 1950 (14 Geo. 6 c. 37) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rag Flock and Other Filling Materials Act 1951 (14 & IS Geo. 6 c. 63) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pharmacy Act 1954 (2 & 3 Eliz. 2 c. 61) 10 In section 21 of the Pharmacy Act 1954 for “the Magistrates’ Courts Act 1952” substitute “the Magistrates’ Courts Act 1980”. Mines and Quarries Act 1954 (2 & 3 Eliz. 2 c. 70) 11 In section 153(a) of the Mines and Quarries Act 1954 for “section thirty-five of the Magistrates’ Courts Act 1952” substitute “ section 44 of the Magistrates’ Courts Act 1980 ”. Army Act 1955 (3 & 4 Eliz. 2 c. 18) 12 In sections 187(4) and 215(9) of the Army Act 1955 for “the Magistrates’ Courts Act 1952” substitute, in each case, “ the Magistrates’ Courts Act 1980 ”. Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) 13 In sections 187(4) and 215(9) of the Air Force Act 1955 for “the Magistrates’ Courts Act 1952” substitute, in each case, “ the Magistrates’ Courts Act 1980 ”. 14, 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 (4 & 5 Eliz. 2 c. 44) 16 In section 1(1) of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. Sexual Offences Act 1956 (4 & 5 Eliz. 2 c. 69) 17 In section 37(7) of the Sexual Offences Act 1956— (a) in paragraph (a) for “section 6 of the Children and Young Persons Act 1969” substitute “ section 24 of the Magistrates’ Courts Act 1980 ”; (b) in paragraph (b) for “subsection (5) of section ninety-eight of the Magistrates’ Courts Act 1952” substitute “ subsection (5) of section 121 of the Magistrates’ Courts Act 1980 ”. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affiliation Proceedings Act 1957 (5 & 6 Eliz. 2 c. 55) 20 In section 5(5) of the Affiliation Proccediings Act 1957 for “section fifty-two of the Magistrates’ Courts Act 1952” substitute “ section 59 of the Magistrates’ Courts Act 1980 ”. 21 In section 6A of the Affiliation Proceedings Act 1957— (a) in subsection (1) for “section 53 of the Magistrates’ Courts Act 1952” substitute “ section 60 of the Magistrates’ Courts Act 1980 ”; (b) in subsection (2) for the “said section 53” substitute “ the said section 60 ”; (c) in subsection (5) for “section 63 of the Magistrates’ Courts Act 1952” substitute “ section 75 of the Magistrates’ Courts Act 1980 ” 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maintenance Orders Act 1958 (6 & 7 Eliz. 2 c. 39) 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption Act 1958 (7 Eliz. 2 c. 5) 25 In section 9(2) and (4) of the Adoption Act 1958 for “section fifteen of the Justices of the Peace Act 1949” substitute “ section 144 of the Magistrates’ Courts Act 1980 ”. 26 In section 48 of the Adoption Act 1958 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7) 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Street Offences Act 1959 (7 & 8 Eliz. 2 c. 57) 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Road Traffic Act 1960 (8 & 9 Eliz. 2 c. 16) 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice Act 1960 (8 & 9 Eliz. 2 c. 65) 36 In section 13(5) of the Administration of Justice Act 1960, in paragraph (c) for “subsection (3) of section fifty-four of the Magistrates’ Courts Act 1952” substitute “ subsection (3) of section 63 of the Magistrates’ Courts Act 1980 ”, and in the words following paragraph (c) for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. Factories Act 1961 (9 & 10 Eliz. 2 c. 34) 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1961 (9 & 10 Eliz. 2 c.39) 38—42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plant Varieties and Seeds Act 1964 (c. 14) 43 In section 23(2) of the Plant Varieties and Seeds Act 1964 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. 44 In section 28 of the Plant Varieties and Seeds Act 1964— (a) in subsection (1) for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ” ; (b) in subsection (2) for “the said section 104” substitute “ the said section 127(1) ”. Licensing Act 1964 (c. 26) 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice Act 1964 (c. 42) 51 In section 38(1) of the Administration of Justice Act 1964 for “section 28 or 29 of the Magistrates’ Courts Act 1952” substitute “ section 37 or 38 of the Magistrates’ Courts Act 1980 ”. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finance Act 1965 (c. 25) 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gas Act 1965 (c. 36) 54 In section 21(4) of the Gas Act 1965 for “section 35 of the Magistrates’ Courts Act 1952” substitute “ section 44 of the Magistrates’ Courts Act 1980 ”. Backing of Warrants (Republic of Ireland) Act 1965 (c. 45) 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) 56 In section 8 of the Criminal Procedure (Attendance of Witnesses) Act 1965 for “section 77 of the Magistrates’ Courts Act 1952” substitute “ section 97 of the Magistrates’ Courts Act 1980 ”. 57—60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Law Act 1967 (c. 58) 61 In section 2(1) of the Criminal Law Act 1967 for “section 29 of the Criminal Law Act 1977” substitute “ section 33 of the Magistrates’ Courts Act 1980 ”, for “subsection (2) of section 23 of the said Act of 1977” substitute “ subsection (2) of section 22 of the sadi Act of 1980 ” and for “the said section 23” substitute “ the said section 22 ”. Wireless Telegraphy Act 1967 (c. 72) 62 In section 11(4) of the Wireless Telegraphy Act 1967 for “section 115 of the Magistrates’Courts Act 1952” substitute “ section 140 of the Magistrates’ Courts Act 1980 ”. Criminal Justice Act 1967 (c. 80) 63 In section 7 of the Criminal Justice Act 1967 for “section 2 of this Act” substitute “ section 102 of the Magistrates’ Courts Act 1980 ”. 64 In section 11(3) of the Criminal Justice Act 1967 for “section 15 of the Justices of the Peace Act 1949” substitute “ section 144 of the Magistrates’ Courts Act 1980 ”. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 In section 36(2) of the Criminal Justice Act 1967 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 In section 62(7) of the Criminal Justice Act 1967 for “section 29 of the Magistrates’ Courts Act 1952” substitute “ section 38 of the Magistrates’ Courts Act 1980 ”. 69 In section 90(2) and (4) of the Criminal Justice Act 1967 for “section 104 of the Magistrates’ Courts Act 1952” substitute, in each case, “section 127(1) of the Magistrates’ Courts Act 1980”. Companies Act 1967 (c. 81) 70 In section 49(3) of the Companies Act 1967 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. Criminal Appeal Act 1968 (c. 19) 71 In section 1 of the Criminal Appeal Act 1968— (a) in subsection (1) insert at the beginning “ Subject to subsection (3) below ” ; (b) insert after subsection (2)— (3) Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which committed him for trial as to the value involved was mistaken. (4) In subsection (3) above “scheduled offence” and “the value involved” have the same meanings as they have in section 22 of the Magistrates’ Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small). . Firearms Act 1968 (c. 27) 72 In section 51(4) of the Firearms Act 1968 for “section 104 of the Magistrates’Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. 73 In Part II of Schedule 6 to the Firearms Act 1968, in paragraph 3— (a) in sub-paragraph (1) for “Schedule 3 to the Criminal Law Act 1977” substitute “ Schedule 1 to the Magistrates’ Courts Act 1980 ” ; (b) in sub-paragraph (2) for “sections 19 to 24 of the said Act of 1977” substitute “ sections 18 to 23 of the said Act of 1980 ” ; (c) in sub-paragraph (3) for “the said sections 19 to 24” substitute “ the said sections 18 to 23 ” and for “section 25(3) and (4) of the said Act of 1977” substitute “ section 25(3) and (4) of the said Act of 1980 ”. Trade Descriptions Act 1968 (c. 29) 74 In section 19(2) and 40(1)(a) of the Trade Descriptions Act 1968 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. Civil Evidence Act 1968 (c. 64) 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Medicines Act 1968 (c. 67) 76 In section 125(1) of the Medicines Act 1968 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. Sea Fisheries Act 1968 (c. 77) 77 In section 12(3) of the Sea Fisheries Act 1968 for “Sections 65(1) and 66 of the Magistrates’ Courts Act 1952” substitute “ Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 ”. Children and Young Persons Act 1969 (c. 54) 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 In section 8(3) of the Children and Young Persons Act 1969 for “Subsections (2) and (4) of section 40 of the Magistrates’ Courts Act 1952” substitute “ Subsections (2) and (4) of section 49 of the Magistrates’ Courts Act 1980 ”. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 In Schedule 4 to the Children and Young Persons Act 1969, in paragraph 5(1), for “section 28(1) of the Magistrates’ Courts Act 1952” substitute “ section 37(1) of the Magistrates’ Courts Act 1980 ”. 87 In Schedule 5 to the Children and Young Persons Act 1969, in paragraph 55, for “sections 2 and 9 of the Criminal Justice Act 1967” substitute “ section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates’ Courts Act 1980 ”. Administration of Justice Act 1970 (c. 31) 88 In section 41(8) of the Administration of Justice Act 1970 for “section 64 of the Magistrates’ Courts Act 1952” substitute “ section 76 of the Magistrates’ Courts Act 1980 ” and for “paragraph 2 of Schedule 3 to that Act” substitute “ paragraph 2 of Schedule 4 to that Act ”. 89 In Schedule 1 to the Administration of Justice Act 1970 for “section 54(3) of the Magistrates’ Courts Act 1952” substitute “ section 63(3) of the Magistrates’ Courts Act 1980 ”. Merchant Shipping Act 1970 (c. 36) 90 In section 56(2) and (7) of the Merchant Shipping Act 1970 for “subsections (1), (3) and (4) of section 77 of the Magistrates’ Courts Act 1952” substitute, in each place, “ subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980 ”. Guardianship of Minors Act 1971 (c. 3) 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicles (Excise) Act 1971 (c. 10) 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Courts Act 1971 (c. 23) 94 In section 7(2) of the Courts Act 1971 for “subsection (1) above” substitute “ section 7 of the Magistrates’ Courts Act 1980 ” ; 95 In section 13 of the Courts Act 1971— (a) in subsection (5)(e) for “sections 94 and 95 of the Magistrates’ Courts Act 1952” substitute “ sections 118 and 119 of the Magistrates’ Courts Act 1980 ” ; (b) in subsection (8) for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. 96 In section 52(5) of the Courts Act 1971 for “section 55 of the Magistrates’ Courts Act 1952” substitute “ section 64 of the Magistrates’ Courts Act 1980 ”. Attachment of Earnings Act 1971 (c. 32) 97 In section 3 of the Attachment of Earnings Act 1971— (a) in subsection (1)(c) for “section 52(1) of the Magistrates’ Courts Act 1952” substitute “ section 59(1) of the Magistrates’ Courts Act 1980 ” ; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 In section 8(3) of the Attachment of Earnings Act 1971 for “section 65(2) of the Magistrates’ Courts Act 1952” substitute “ section 77(2) of the Magistrates’ Courts Act 1980 ”. 99 In section 17(3)(e) of the Attachment of Earnings Act 1971 for “Part III of the Magistrates’ Courts Act 1952” substitute “ Part III of the Magistrates’ Courts Act 1980 ”. 100 In section 19 of the Attachment of Earnings Act 1971— (a) in subsection (4) for “section 43 of the Magistrates’ Courts Act 1952” substitute “ section 51 of the Magistrates’ Courts Act 1980 ” ; (b) in subsection (5) for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. 101 In section 25 of the Attachment of Earnings Act 1971— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in subsection (6) for “Part III of the Magistrates’ Courts Act 1952” substitute “ Part III of the Magistrates’ Courts Act 1980 ”. Misuse of Drugs Act 1971 (c. 38) 102 In section 25(4) of the Misuse of Drugs Act 1971 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. Fire Precautions Act 1971 (c. 40) 103 In section 26(1) of the Fire Precautions Act 1971 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. Immigration Act 1971 (c. 77) 104 In section 6(2) of the Immigration Act 1971 for “section 14(3) of the Magistrates’ Courts Act 1952” substitute “ section 10(3) of the Magistrates’ Courts Act 1980 ”. Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 In section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972— (a) in subsections (1), (2A) and (2B) for “section 53 of the Magistrates’ Courts Act 1952" substitute, in each case, “section 60 of the Magistrates’ Courts Act 1980" ; (b) in subsection (2A) for “section 15 of the Justices of the Peace Act 1949" substitute “section 144 of the Magistrates’ Courts Act 1980" ; (c) in subsection (2B) for “section 47(3) of the Magistrates’ Courts Act 1952" substitute “section 55(3) of the Magistrates’ Courts Act 1980". 111, 112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Evidence Act 1972 (c. 30) 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1972 (c. 71) 114 In section 46 of the Criminal Justice Act 1972— (a) in subsection (1) for the words from “Sections 2” to “those sections)” substitute “ Section 102 of the Magistrates’ Courts Act 1980 and section 9 of the Criminal Justice Act 1967 (which respectively allow written statements to be used as evidence in committal proceedings and in other criminal proceedings) and section 106 of the said Act of 1980 and section 89 of the said Act of 1967 (which punish the making of false statements which are tendered in evidence under the said section 102 or 9, as the case may be) ” ; (b) in subsection (2) for “The said section 2” substitute “ The said section 102 ”. 115 In section 49(1) of the Criminal Justice Act 1972 for “Part III of the Magistrates’ Courts Act 1952” substitute “ Part III of the Magistrates’ Courts Act 1980 ”. Guardianship Act 1973 (c. 29) 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fair Trading Act 1973 (c. 41) 118 In section 129(2) and (4) of the Fair Trading Act 1973 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. Powers of Criminal Courts Act 1973 (c. 62) 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Slaughterhouses Act 1974 (c. 3) 124 In section 6(2) of the Slaughterhouses Act 1974 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ” 125 In sections 38(6) and 43(3) of the Slaughterhouses Act 1974 for “section 35 of the Magistrates’ Courts Act 1952” substitute, in each case, “ section 44 of the Magistrates’ Courts Act 1980 ” 126—129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of Pollution Act 1974 (c. 40) 130 In section 87(3) of the Control of Pollution Act 1974 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”. Friendly Societies Act 1974 (c. 46) 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Solicitors Act 1974 (c. 47) 132 In sections 26, 42(2) and 44(4) of the Solicitors Act 1974 for “the Magistrates’ Courts Act 1952” substitute, in each case, “ the Magistrates’ Courts Act 1980 ”. Insurance Companies Act 1974 (c. 49) 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rehabilitation of Offenders Act 1974 (c. 53) 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Social Security Act 1975 (c. 14) 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Procedure (Scotland) Act 1975 (c. 21) 136 In section 397(1) of the Criminal Procedure (Scotland) Act 1975 for “section 72A of the Magistrates’ Courts Act 1952” substitute “ section 90 of the Magistrates’ Courts Act 1980 ”. 137 In section 403 of the Criminal Procedure (Scotland) Act 1975— (a) in subsection (4) for “section 72A of the Magistrates’ Courts Act 1952” substitute “ section 90 of the Magistrates’ Courts Act 1980 ”, for “the said Act of 1952” (in the first place where the words occur) substitute “ the said Act of 1980 ” and for “the Table set out in paragraph 1 of Schedule 3 to the said Act of 1952” substitute “ the Table set out in paragraph I of Schedule 4 to the said Act of 1980 ” ; (b) in subsection (6) for “section 72A of the Magistrates’ Courts Act 1952” substitute “ section 90 of the Magistrates’ Courts Act 1980 ”. Children Act 1975 (c. 72) 138 In section 46(4) of the Children Act 1975 for “section 55(1) of the Magistrates’ Courts Act 1952” substitute “ section 64(1) of the Magistrates’ Courts Act 1980 ”. Prevention of Terrorism (Temporary Provisions) Act 1976 (c. 8) 139 In section 12(3) of the Prevention of Terrorism (Temporary Provisions) Act 1976 for “Section 38 of the Magistrates’ Courts Act 1952” substitute “ Section 43 of the Magistrates’ Courts Act 1980 ”. Restrictive Trade Practices Act 1976 (c. 34) 140 In sections 39(2) and 41(5) and (7) of the Restrictive Trade Practices Act 1976 for “section 104 of the Magistrates" Courts Act 1952” substitute, in each case, “ section 127(1) of the Magistrates’ Courts Act 1980 ”. Adoption Act 1976 (c. 36) 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bail Act 1976 (c. 63) 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 In section 4(7) of the Bail Act 1976 for “section 8 of the Magistrates’ Courts Act 1952” substitute “section 41 of the Magistrates’ Courts Act 1980”. 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land Drainage Act 1976 (c.70) 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sexual Offences (Amendment) Act 1976 (c. 82) 148 In section 3(3) of the Sexual Offences (Amendment) Act 1976 for “section 6(1) of the Children and Young Persons Act 1969” substitute “ section 24(1) of the Magistrates’ Courts Act 1980 ”. Criminal Law Act 1977 (c. 45) 149 In section 28(8) of the Criminal Law Act 1977 for “Schedule 3 to this Act” substitute “ Schedule I to the Magistrates’ Courts Act 1980 ”. 150 In section 38(1) of the Criminal Law Act 1977 for “subsection (4) of section 102 of the Magistrates’ Courts Act 1952” substitute “ subsection (3) of section 125 of the Magistrates’ Courts Act 1980 ”. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 In section 64(2) of the Criminal Law Act 1977 for “section 23 above” substitute “ section 22 of the Magistrates’ Courts Act 1980 (cases where value involved is small) ”. 153 In section 65(2) of the Criminal Law Act 1977 for “14” substitute “ 15 ” and for “Magistrates’ Courts Act 1952” substitute “ Magistrates’ Courts Act 1980 ”. 154 In paragraph 1 of Schedule 5 to the Criminal Law Act 1977— (a) in subparagraph (1)(b), for “subparagraph (2)(b) below” substitute “ subparagraph (IA) below ” ; (b) after subparagraph (1) insert— (1A) The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely— (i) section 4(2) (production, or being concerned in the production, of a controlled drug) ; (ii) section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another) ; (iii) section 5(3) (having possession of a controlled drug with intent to supply it to another) (iv) section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there) ; (v) section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs) ; or (vi) section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying, etc. controlled drugs). . 155 In paragraph 1 of Schedule 14 to the Criminal Law Act 1977 for “14 to 26, 34 and 35” substitute “ 15 and 17 ”. Civil Aviation Act 1978 (c. 8) 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 In section 16(8) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “Part II of the Magistrates’ Courts Act 1952” substitute “Part 11 of the Magistrates’ Courts Act 1980”. 160 In section 22 of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 63 of the Magistrates’ Courts Act 1952” substitute “ section 75 of the Magistrates’ Courts Act 1980 ”. 161 In section 23 of the Domestic Proceedings and Magistrates’ Courts Act 1978— (a) in subsection (1) for “section 55(1) of the Magistrates’ Courts Act 1952” substitute “ section 64(1) of the Magistrates’ Courts Act 1980 ” ; (b) in subsection (2) for “section 53 of the Magistrates’ Courts Act 1952” substitute “ section 60 of the Magistrates’ Courts Act 1980 ” and for “section 54(2) of that Act” substitute “ section 63(2) of that Act ”. 162 In section 24(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 47(3) of the Magistrates’ Courts Act 1952” substitute “ section 55(3) of the Magistrates’ Courts Act 1980 ”. 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 In section 88(1) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 56 of the Magistrates’ Courts Act 1952” substitute “ section 65 of the Magistrates’ Courts Act 1980 ” and for “section 15 of the Justices of the Peace Act 1949” substitute “ section 144 of the Magistrates’ Courts Act 1980 ”. Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25) 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation Act 1978 (c. 30) 169 In Schedule 1 to the Interpretation Act 1978— (a) in paragraph (a) of the definition of “committed for trial” for “section 7 of the Magistrates’ Courts Act 1952” substitute “ section 6 of the Magistrates’ Courts Act 1980 ” ; (b) in paragraph (a) of the definition of “magistrates’ court” for “section 124 of the Magistrates’ Courts Act 1952” substitute “ section 148 of the Magistrates’ Courts Act 1980 ” ; (c) in the entry about expressions relating to offences for “section 23 of the Criminal Law Act 1977” substitute “ section 22 of the Magistrates’ Courts Act 1980 ” Theft Act 1978 (c. 31) 170 In section 4(3)(b) of the Theft Act 1978 for “section 28 of the Criminal Law Act 1977” substitute “ section 32 of the Magistrates’ Courts Act 1980 ”. Protection of Children Act 1978 (c. 37) 171 In section 6(3)(b) of the Protection of Children Act 1978 for “section 28 of the Criminal Law Act 1977” substitute “ section 32 of the Magistrates’ Courts Act 1980 ”. 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment Protection (Consolidation) Act 1978 (c. 44) 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Customs and Excise Management Act 1979 (c. 2) 176 In section 147(2) of the Customs and Excise Management Act 1979 for “section 25(3) of the Criminal Law Act 1977” substitute “ section 25(3) of the Magistrates’ Courts Act 1980 ” 177 In section 151 of the Customs and Excise Management Act 1979 for “section 114 of the Magistrates’ Courts Act 1952” substitute “ section 139 of the Magistrates’ Courts Act 1980 ”. 178 In section 171(2)(a) of the Customs and Excise Management Act 1979 for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ”. Customs and Excise Duties (General Reliefs) Act 1979 (c. 3) 179 In section 15(3)(a) of the Customs and Excise (General Reliefs) Act 1979 for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143 (1) of that Act) ”. Alcoholic Liquor Duties Act 1979 (c. 4) 180 In section 49(1) of the Alcoholic Liquor Duties Act 1979 in the definition of “the prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ”. Hydrocarbon Oils Duties Act 1979 (c. 5) 181 In section 27(1) of the Hydrocarbon Oils Duties Act 1979 in the definition of “prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted under section 143(1) of that Act) ”. Agricultural Statistics Act 1979 (c. 13) 182 In section 6(1) of the Agricultural Statistics Act 1979, in the definition of “the prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 6(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ”. Credit Unions Act 1979 (c. 34) 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Estate Agents Act 1979 (c. 38) 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Merchant Shipping Act 1979 (c. 39) 186 In section 42(4) of the Merchant Shipping Act 1979 for “Section 18 of the Criminal Law Act 1977” substitute “ Section 127(2) of the Magistrates’ Courts Act 1980 ”. 187 In section 43(5) of the Merchant Shipping Act 1979 for “subsection (1) of section 61 of the Criminal Law Act 1977” substitute “ subsection (1) of section 143 of the Magistrates’ Courts Act 1980 ” and for “section 28 of that Act” substitute “ section 32 of that Act ”. 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ancient Monuments and Archeological Areas Act 1979 (c. 46) 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Justices of the Peace Act 1979 (c. 55) 191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Isle of Man Act 1979 (c. 58) 198 In section 5 of the Isle of Man Act 1979— (a) in subsection (2)(a) for “section 77 of the Magistrates’ Courts Act 1952” substitute “ section 97 of the Magistrates’ Courts Act 1980 ” ; (b) in subsection (3)(a) for “sections 2 and 9 of the Criminal Justice Act 1967” substitute “ section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates’ Courts Act 1980 ” and for “section 2” substitute “ section 102 ”. ..... 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Foster Children Act 1980 (c. 6) 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residential Homes Act 1980 (c. 7) 202 In section 4(2) of the Residential Homes Act 1980 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. Reserve Forces Act 1980 (c. 9) 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 In paragraph 2(4) of Schedule 5 to the Reserve Forces Act 1980 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”. Protection of Trading Interests Act 1980 (c. 11) 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Competition Act 1980 (c. 21) 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Companies Act 1980 (c. 22) 207 In section 87(1) of the Companies Act 1980, in the definition of “the statutory maximum”, for “section 28 of the Criminal Law Act 1977” substitute “ section 32 of the Magistrates’ Courts Act 1980 ” and for “section 61 of that Act” substitute “ section 143 of that Act. ”.

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SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS

Section 154. Interpretation 1 In this Schedule references to the old enactments are to enactments repealed or amended by this Act and references to the appointed day are to the day on which this Act comes into force. Proceedings commenced before appointed day 2 (1) Where proceedings were commenced before the appointed day, the old enactments relating to the proceedings continue to apply and nothing in this Act affects those enactments. (2) Without prejudice to the generality of sub-paragraph (1) above, the old enactments relating to proceedings which continue in force by virtue of it include any provision of those enactments which creates an offence, which relates to civil or criminal procedure, which relates to the punishment for an offence, or which relates to enforcing, appealing against, questioning, varying or rescinding anything ordered or done in the proceedings. Offences committed before appointed day 3 (1) This paragraph applies where proceedings are commenced under this Act in relation to an offence committed before the appointed day. (2) Nothing in this Act renders a person liable to punishment by way of fine or imprisonment for the offence which differs from the punishment to which he would have been liable if this Act had not been passed and proceedings for the offence had been commenced under the old enactments. (3) Nothing in this Act renders a person liable to pay compensation under a compensation order in respect of the offence which differs from the compensation he would have been liable to pay if this Act had not been passed and proceedings for the offence had been commenced under the old enactments. (4) The provisions of this Act corresponding to the old enactments relating to punishment and compensation are to be construed accordingly. Other matters: general 4 Paragraphs 5 and 6 below have effect subject to paragraphs 2 and 3 above. 5 Without prejudice to any express amendment made by this Act, a reference in an enactment or other document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as, or as including, a reference to this Act or to the corresponding provision of this Act. 6 Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of it had been in force when that period began to run. Saving for transitionals in orders 7 (1) This paragraph applies where any provision of an old enactment— (a) was brought into force by order which made transitional provision in connection with the provision brought into force, or (b) fell to be brought into force by order which could have made transitional provision in connection with the provision brought into force, if this Act had not been passed. (2) In that case, an order under section 155(7) of this Act may make corresponding transitional provision in connection with any provision of this Act corresponding to that of the old enactment. Savings of amendments 8 Notwithstanding the repeal by this Act of the Magistrates’ Courts Act 1952, the amendments made in other enactments (“the amended enactments”) by that Act shall, to the extent that they had effect immediately before the coming into force of this Act, continue to have effect subject to any amendment of any of the amended enactments by this Act. Savings for Local Government Act 1972 9 The provisions of this Act shall have effect without prejudice to the exercise of any power conferred by section 67 of the Local Government Act 1972 (consequential and transitional arrangements relating to Part IV), section 252 of that Act (general power to adapt Acts and instruments) or section 254 of that Act (consequential and supplementary provision); and any such power which, if this Act had not been passed, would have been exercisable in relation to an enactment repealed by this Act shall be exercisable in the like manner and to the like extent in relation to the corresponding provision (if any) of this Act. Scottish saving 10 (1) This paragraph applies to Schedule 7B to the Criminal Procedure (Scotland) Act 1975, which was inserted by paragraph 12 of Schedule 11 to the Criminal Law Act 1977 and takes the same form as Schedule 5 to that Act (subject to certain modifications specified in that paragraph). (2) Schedule 7B is not affected by— (a) the repeal by Schedule 9 to this Act of paragraph 1(2)(a) and (b) of Schedule 5; (b) the amendments made to paragraph 1 of Schedule 5 by Schedule 7 to this Act.

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SCHEDULE 9 REPEALS

Section 154. Chapter. | Short title | Extent of repeal 12, 13 & 14 Geo. 6. c. 101. | Justices of the Peace Act 1949. | Section 15(1), (2), (3), (7), (8) and (9). 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55. | Magistrates’ Courts Act 1952. | The whole Act. 5 & 6 Eliz. 2. c. 29. | Magistrates’ Courts Act 1957. | The whole Act. 6 & 7 Eliz. 2. c. 39. | Maintenance Orders Act 1958. | Section 16. Section 20(6). 7 & 8 Eliz. 2. c. 72. | Mental Health Act 1959. | In Schedule 7, in Part I, the entry relating to the Magistrates’ Courts Act 1952. 7 & 8 Eliz. 2. c. 73. | Legitmacy Act 1959. | Section 5(2). 9 & 10 Eliz. 2. c. 39. | Criminal Justice Act 1961. | In subsection 1(5) the words “and subsections (2) and (3) of section twenty-eight of the Magistrates’ Courts Act 1952”. Section 8(3). In section 41(4), the words “section twenty-eight of the Magistrates’ Courts Act 1952”. In Schedule 4, the entries relating to sections 28 and 126 of the Magistrates’ Courts Act 1952. In Schedule 6, the text of the Magistrates’ Courts Act 1952, section 28. 1963 c. 37. | Children and Young Persons Act 1963. | Section 27. 1964 c. 42. | Administration of Justice Act 1964. | Section 11. In Schedule 3, paragraphs 20(2) and 22(3) and (5). 1965 c. 69. | Criminal Procedure (Attendance of Witnesses) Act 1965. | In Schedule 2, in Part I, the entry relating to the Magistrates’ Courts Act 1952. 1967 c. 80. | Criminal Justice Act 1967. | Sections 1 to 6. Section 19. In section 20, the words “or section 28 or 29 of the Magistrates’ Courts Act 1952 (committal for sentence)”. Section 24. Section 26. Sections 28 to 30. In section 33, the words from the beginning to “that section and”. In section 36(1), the definitions of “broadcast” and “publish”. Section 44, 44A and 45. In section 50, the words from the beginning to “Part of that Act”. Section 56(4). In section 89(1), the words “2 or”. In section 90(1) the words “an order under section 44(8) or”. Section 94. In section 106(2)(b), the figure “3”. In Schedule 6, paragraphs 9 to 13 and 17 to 20. 1968 c. 69. | Justices of the Peace Act 1968. | In Schedule 3, paragraph 8. 1969 c. 54. | Children and Young Persons Act 1969. | Section 6. Section 10(3). Section 61. In Schedule 4, paragraph 4. 1970 c. 31. | Adminstration of Justice Act 1970. | Section 12. In section 28(1), the definition of “the Act of 1952” and “magistrates’ court maintenance order”. Section 30(1) and (2) as respects section 12. Section 41(6). Section 42. Section 50. In section 51, subsection (1), and in subsection (3) the defintion of “the Act of 1952”. 1971 c. 23. | Courts Act 1971. | Section 7(1). In Schedule 8, paragraph 34, in paragraph 48(b) in the words “56(4)(6)” the word “4”, and paragraph 52. In Schedule 9, in Part I, the entry relating to the Magistrates’ Courts Act 1952. 1972 c. 18. | Maintenance Orders (Reciprocal Enforcement) Act 1972. | Section 22(2)(b). 1972 c. 70. | Local Government Act 1972. | In Schedule 27, paragraph 16. 1972 c. 71. | Criminal Justice Act 1972. | Section 41. Sections 44 and 45. Section 50. In Schedule 5, the entries relating to the Magistrates’ Courts Act 1952 and the entry relating to section 691) of the Children and Young Persons Act 1969. 1973 c. 14. | Costs in Criminal Cases Act 1973. | In Schedule 1, paragraph 1. 1973 c. 29. | Guardianship Act 1973. | Section 9(2)(b). 1973 c. 38. | Social Security Act 1973. | In Schedule 27, in paragraph 85, the words “and 12(2)(b)” and “(in each place)”. 1973 c. 62. | Powers of Criminal Courts Act 1973. | Section 35(5). In Schedule 5, paragraphs 4, 5, 7, 16 and 34. 1974 c. 4. | Legal Aid Act 1974. | In Schedule 4, paragrah 3. 1975 c. 21. | Criminal Procedure (Scotland) Act 1975. | Section 326(2). In section 463(1)(b), the words “Section 326(2)”. 1976 c. 63. | Bail Act 1976. | In Schedule 2, paragraphs 14 to 29 and 35. 1977 c. 45. | Criminal Law Act 1977. | Section 14. In section 15, in subsection (1), paragraph (b) and the word “and” immediately preceeding it, and in subsection (3) paragraph (a). Section 16. Sections 18 to 27. In section 28, subsections (1) to (7) and in subsection (8) the words from “and subsection (2) above” to the end. Section 29. Section 30(4). Section 32(2). Sections 34 and 35. In section 36, subsections (2) to (8) and in subsection (9) the definitions of “guardian” and “the statutory restrictions upon the imprisonment of young offenders”. Sections 41 and 42. Section 45. In section 58, subsections (1), (4) and (6). Sections 59 to 61. In section 63(2), in the entry relating to section 65(4) and Schedule 12 so far as they relate to the Criminal Justice Act 1967, the words “3 and”. In section 65(10)(e) the words from “and the provisions” to “all such places (except Scotland)”. Schedule 2. Schedule 3. Schedule 4. In Schedule 5, paragraph 1(2)(a) and (b). In Schedule 7, paragraph 1. Schedule 8. In Schedule 12, the entries relating to the Magistrates’ Courts Act 1952, the entries relating to sections 3, 24, 44(5) and 44A of the Criminal Justice Act 1967, and paragraphs 2 and 3 of the entries relating to the Criminal Justice Act 1972. In Schedule 14, paragraph 2, in paragraph 3(1) the words “or 2”, paragraph 4, and in paragraph 5 the words “(other than section 29 or any provision mentioned in paragraph 4 above)”. 1978 c. 22. | Domestic Proceedings and Magistrates’ Courts Act 1978. | Sections 75 to 85. In Schedule 1, in paragraph 5 the words “or in any of sections 79 to 82”, paragraph 6 and paragraph 7. In Schedule 2, paragraphs 15 and 21. 1978 c. 37. | Protection of Children Act 1978. | Section 2(2). 1979 c. 55. | Justices of the Peace Act 1979. | In Schedule 2, paragraphs 7 to 9 and paragraph 14. 1980 c. 5. | Child Care Act 1980. | In Schedule 5, paragraph 5. 1980 c. 11. | Protection of Trading Interests Act 1980. | In section 8(5), the words from “together with” to the end.

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