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
- Title and introductory text
- 1 Issue of summons to accused or warrant for his arrest.
- 2 Trial of summary offences
- 3 Offences committed on boundaries, etc.
- 3A Offences committed on ships and abroad.
- 3B Transfer of trials of summary offences.
- 4 General nature of committal proceedings.
- 5 Adjournment of inquiry.
- 5A Evidence which is admissible.
- 5B Written statements.
- 5C Depositions.
- 5D Statements.
- 5E Other documents.
- 5F Proof by production of copy.
- 6 Discharge or committal for trial.
- 7 Place of trial on indictment.
- 8 Restrictions on reports of commital proceedings.
- 8A Power to make rulings at pre-trial hearing
- 8B Effect of rulings at pre-trial hearing
- 8C Restrictions on reporting
- 8D Offences in connection with reporting
- 9 Procedure on trial.
- 10 Adjournment of trial.
- 11 Non-appearance of accused: general provisions.
- 12 Non-appearance of accused: plea of guilty.
- 12A Application of section 12 where accused appears.
- 13 Non-appearance of accused: issue of warrant.
- 14 Proceedings invalid where accused did not know of them.
- 15 Non-appearance of prosecutor.
- 16 Non-appearance of both parties.
- 16A Trial by single justice on the papers
- 16B Cases not tried in accordance with section 16A
- 16C Cases that cease to be tried in accordance with section 16A
- 16D Sections 16B and 16C: further provision
- 16E Accused not aware of single justice procedure notice
- 16F Admissibility of statements
- 16G The automatic online conviction option
- 16H Conviction
- 16I Penalties and other liabilities
- 16J Regulations about penalties etc under section 16I
- 16K Timing and status of conviction and penalty
- 16L Notice of conviction and penalty
- 16M Powers to set aside a conviction or replace a penalty etc
- 17 Certain offences triable either way.
- 17A Initial procedure: accused to indicate intention as to plea.
- 17B Intention as to plea: absence of accused.
- 17C Intention as to plea: adjournment.
- 17D Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences
- 17E Functions under sections 17A to 17D capable of exercise by single justice
- 18 Initial procedure on information against adult for offence triable either way.
- 19 Decision as to allocation
- 20 Procedure where summary trial appears more suitable
- 20A Procedure where summary trial appears more suitable: supplementary
- 21 Procedure where trial on indictment appears more suitable
- 22 Certain offences triable either way to be tried summarily if value involved is small.
- 22A Low-value shoplifting to be a summary offence
- 23 Power of court, with consent of legally represented accused, to proceed in his absence.
- 24 Summary trial of information against child or young person for indictable offence.
- 24A Child or young person to indicate intention as to plea in certain cases
- 24B Intention as to plea by child or young person: absence of accused
- 24C Intention as to plea by child or young person: adjournment
- 24D Functions under sections 24A to 24C capable of exercise by single justice
- 25 Power to change from summary trial to committal proceedings, and vice versa.
- 26 Power to issue summons to accused in certain circumstances.
- 27 Effect of dismissal of information for offence triable either way.
- 27A Power to transfer criminal proceedings
- 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 29 Power of magistrates’ court to remit a person under 17 for trial to a youth court in certain circumstances.
- 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 32 Penalties on summary conviction for offences triable either way.
- 33 Maximum penalties on summary conviction in pursuance of section 22.
- 34 Mitigation of penalties, etc.
- 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36A Alterations of names of petty sessions areas in inner London area.
- 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 41 Restriction on grant of bail in treason.
- 42 Restriction on justices sitting after dealing with bail.
- 43 Bail on arrest.
- 43A Functions of magistrates’ court where a person in custody is brought before it with a view to his appearance before the Crown Court.
- 43B Power to grant bail where police bail has been granted.
- 44 Aiders and abettors.
- 45 Incitement.
- 46 Corporations.
- 47 Service of summons out of time after failure to prove service by post.
- 48 Return of property taken from accused.
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 Construction of references to complaint in enactments dealing with offences.
- 51 Issue of summons on complaint
- 52 Jurisdiction to deal with complaints.
- 53 Procedure on hearing.
- 54 Adjournment and stays
- 55 Non-appearance of defendant.
- 56 Non-appearance of complainant.
- 57 Non-appearance of both parties.
- 57A Power to transfer civil proceedings (other than family proceedings)
- 58 Money recoverable summarily as civil debt.
- 59 Orders for periodical payment: means of payment.
- 59A Orders for periodical payment: proceedings by designated officer.
- 59B Maintenance orders: penalty for breach.
- 60 Revocation, variation, etc. of orders for periodical payment.
- 61 Periodical payments payable by one person under more than one order.
- 62 Provisions as to payments required to be made to a child, etc.
- 63 Orders other than for payment of money.
- 64 Power to award costs and enforcement of costs.
- 65 Meaning of domestic proceedings.
- 65A Meaning of family procedure rules
- 66 Composition of magistrates’ courts for family proceedings: general.
- 67 Family proceedings courts.
- 68 Combined domestic court panels.
- 68A Power of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings
- 69 Sittings of magistrates’ courts for domestic proceedings.
- 70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
- 71 Newspaper reports of domestic proceedings.
- 72 Report by probation officer on means of parties.
- 73 Examination of witnesses by court.
- 74 Reasons for decisions in domestic proceedings.
- 75 Power to dispense with immediate payment.
- 76 Enforcement of sums adjudged to be paid.
- 77 Postponement of issue of warrant.
- 78 Defect in distress warrant and irregularity in its execution.
- 79 Release from custody and reduction of detention on payment.
- 80 Application of money found on defaulter to satisfy sum adjudged.
- 81 Enforcement of fines imposed on young offenders.
- 82 Restriction on power to impose imprisonment for default.
- 83 Process for securing attendance of offender . . . .
- 84 Power to require statement of assets and other financial circumstances .
- 85 Power to remit fine.
- 85A Variation of instalments of sum adjudged to be paid by conviction.
- 86 Power of magistrates’ court to fix day for appearance of offender at means inquiry etc.
- 87 Enforcement of payment of fines by High Court and county court.
- 87A Fines imposed on companies.
- 88 Supervision pending payment.
- 89 Transfer of fine order.
- 90 Transfer of fines to Scotland or Northern Ireland.
- 91 Transfer of fines from Scotland or Northern Ireland.
- 92 Restriction on power to impose imprisonment for default.
- 93 Complaint for arrears.
- 94 Effect of committal on arrears.
- 94A Interest on arrears.
- 95 Remission of arrears and manner in which arrears to be paid.
- 96 Civil debt: complaint for non-payment.
- 96A Application of Part III to persons aged 17 to 20.
- 97 Summons to witness and warrant for his arrest.
- 97A Summons or warrant as to committal proceedings.
- 98 Evidence on oath.
- 99 Proof of non-payment of sum adjudged.
- 100 Statement of wages to be evidence.
- 101 Onus of proving exceptions, etc.
- 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc.
- 104 Proof of previous convictions.
- 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 106 False written statements tendered in evidence.
- 107 False statements in declaration proving service, etc.
- 108 Right of appeal to the Crown Court.
- 109 Abandonment of appeal.
- 110 Enforcement of decision of the Crown Court.
- 111 Statement of case by magistrates’ court.
- 111A Appeals on ground of error of law etc in child support proceedings
- 112 Effect of decisions made on case stated or on appeal
- 113 Bail on appeal or case stated.
- 114 Recognizances and fees on case stated.
- 115 Binding over to keep the peace or be of good behaviour.
- 116 Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.
- 117 Warrant endorsed for bail.
- 118 Varying or dispensing with requirement as to sureties.
- 119 Postponement of taking recognizance.
- 120 Forfeiture of recognizance.
- 121 Constitution and place of sitting of court.
- 122 Appearance by counsel or solicitor.
- 123 Defect in process.
- 124 Process valid notwithstanding death, etc., of justice.
- 125 Warrants.
- 125ZA Warrants of control
- 125A Civilian enforcement officers.
- 125B Execution by approved enforcement agency.
- 125BA Powers of persons authorised under section 125A or 125B
- 125C Disclosure of information for enforcing warrants.
- 125CA Power to make disclosure order
- 125CB Use of information supplied under disclosure order
- 125D Execution by person not in possession of warrant.
- 126 Execution of certain warrants outside England and Wales.
- 127 Limitation of time.
- 128 Remand in custody or on bail.
- 128A Remands in custody for more than eight days.
- 129 Further remand.
- 130 Transfer of remand hearings.
- 131 Remand of accused already in custody.
- 132 Minimum term.
- 133 Consecutive terms of imprisonment.
- 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 135 Detention of offender for one day in court-house or police station.
- 136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction.
- 137 Fees.
- 138 Remission of fees
- 139 Disposal of sums adjudged to be paid by conviction.
- 140 Disposal of non-pecuniary forfeitures.
- 141 Clerks to justices.
- 142 Power of magistrates’ court to re-open cases to rectify mistakes etc.
- 143 Power to alter sums specified in certain provisions.
- 144 ... Rules of procedure.
- 144A Rules to be made if required by Lord Chancellor
- 145 Rules: supplementary provisions.
- 145A Rules: costs order against legal representative.
- 146 Rules relating to youth court panels and composition of youth courts.
- 147 Occasional court-house.
- 148 “Magistrates’ court”.
- 149 Isles of Scilly.
- 150 Interpretation of other terms.
- 151 Application of Act to distress for rates.
- 152 Saving for juvenile courts.
- 153 Magistrates’ court may sit on Sundays and public holidays.
- 154 Consequential amendments, transitional provisions, repeals, etc.
- 155 Short title, extent and commencement.
- SCHEDULE 1 OFFENCES TRIABLE EITHER WAY BY VIRTUE OF SECTION 17
- SCHEDULE 2 OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL
- SCHEDULE 3 CORPORATIONS
- SCHEDULE 4 MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT
- SCHEDULE 4A Powers of authorised officers executing warrants
- SCHEDULE 5 TRANSFER OF REMAND HEARINGS
- SCHEDULE 6
- Schedule 6A FINES THAT MAY BE ALTERED UNDER SECTION 143
- SCHEDULE 7 CONSEQUENTIAL AMENDMENTS
- SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS
- SCHEDULE 9 REPEALS
Proposed changes to this act
No one has proposed a change to this act yet.
231 provisions
41 Restriction on grant of bail in treason.
A person charged with treason shall not be granted bail except by order of a judge of the High Court or the Secretary of State.
Propose a change42 Restriction on justices sitting after dealing with bail.
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Propose a change43 Bail on arrest.
(1) Where a person has been granted bail under Part IV of the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates’ court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time. (2) The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates’ court acting in the local justice area in which the police station named in the recognizance is situated.
Propose a change43A Functions of magistrates’ court where a person in custody is brought before it with a view to his appearance before the Crown Court.
(1) Where a person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court is brought before a magistrates’ court in pursuance of section 81(5) of the Senior Courts Act 1981— (a) the magistrates’ court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court; (b) if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so. (2) A magistrates’ court shall have jurisdiction under subsection (1) whether or not the offence was committed, or the arrest was made, within the court’s area.
Propose a change43B Power to grant bail where police bail has been granted.
(1) Where a custody officer— (a) grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or (b) varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976, a magistrates’ court may, on application by or on behalf of that person, grant bail or vary the conditions. (2) On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions. (3) On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse. (4) In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.
Propose a change44 Aiders and abettors.
(1) A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried (whether or not he is charged as a principal) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. (2) Any offence consisting in aiding, abetting, counselling or procuring the commission of an offence triable either way (other than an offence listed in Schedule 1 to this Act) shall by virtue of this subsection be triable either way.
Propose a change45 Incitement.
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Propose a change46 Corporations.
The provisions of Schedule 3 to this Act shall have effect where a corporation is charged with an offence before a magistrates’ court.
Propose a change47 Service of summons out of time after failure to prove service by post.
Where any enactment requires, expressly or by implication, that a summons in respect of an offence shall be issued or served within a specified period after the commission of the offence, and service of the summons may under rules of court be effected by post, then, if under the rules service of the summons is not treated as proved, but it is shown that a letter containing the summons was posted at such time as to enable it to be delivered in the ordinary course of post within that period, a second summons may be issued on the same information; and the enactment shall have effect, in relation to that summons, as if the specified period were a period running from the return day of the original summons.
Propose a change48 Return of property taken from accused.
Where a summons or warrant has been issued requiring any person to appear or be brought before a magistrates’ court to answer to an information, or where any person has been arrested without a warrant for an offence, and property has been taken from him after the issue of the summons or warrant or, as the case may be, on or after his arrest without a warrant, the police shall report the taking of the property, with particulars of the property, to the magistrates’ court which deals with the case; and, if the court, being of opinion that the whole or any part of the property can be returned to the accused consistently with the interests of justice and the safe custody of the accused, so directs, the property, or such part of it as the court directs, shall be returned to the accused or to such other person as he may require.
Propose a change49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change50 Construction of references to complaint in enactments dealing with offences.
In any enactment conferring power on a magistrates’ court to deal with an offence, or to issue a summons or warrant against a person suspected of an offence, on the complaint of any person, for references to a complaint there shall be substituted references to an information.
Propose a change51 Issue of summons on complaint
Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint.
Propose a change52 Jurisdiction to deal with complaints.
(1) A magistrates' court has jurisdiction to hear any complaint. (2) But subsection (1) is subject to provision made by any enactment.
Propose a change53 Procedure on hearing.
(1) On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint. (2) The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint. (3) Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change54 Adjournment and stays
(1) A magistrates’ court may at any time, whether before or after beginning to hear a complaint, adjourn the hearing, and may do so, notwithstanding anything in this Act, when composed of a single justice. (2) The court may when adjourning either fix the time and place at which the hearing is to be resumed or, unless it remands the defendant under section 55 below, leave the time and place to be determined later by the court; but the hearing shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change55 Non-appearance of defendant.
(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint the complainant appears but the defendant does not, the court may, subject to subsection (3) below, proceed in his absence. (2) Where the court, instead of proceeding in the absence of the defendant, adjourns, or further adjourns, the hearing, the court may, if the complaint has been substantiated on oath, and subject to the following provisions of this section, issue a warrant for his arrest. (3) The court shall not begin to hear the complaint in the absence of the defendant or issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint. (4) Where the defendant fails to appear at an adjourned hearing, the court shall not issue a warrant under this section unless it is satisfied that he has had adequate notice of the time and place of the adjourned hearing. (5) Where the defendant is arrested under a warrant issued under this section, the court may, on any subsequent adjournment of the hearing, but subject to the provisions of subsection (6) below, remand him. (6) The court shall not issue a warrant or remand a defendant under this section or further remand him by virtue of section 128(3) below after he has given evidence in the proceedings. (7) Where the court remands the defendant, the time fixed for the resumption of the hearing shall be that at which he is required to appear or be brought before the court in pursuance of the remand. (8) A warrant under this section shall not be issued in any proceedings for the recovery or enforcement of a sum recoverable summarily as a civil debt or in proceedings in any matter of bastardy. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change56 Non-appearance of complainant.
... Where at the time and place appointed for the hearing or adjourned hearing of a complaint the defendant appears but the complainant does not, the court may dismiss the complaint or, if evidence has been received on a previous occasion, proceed in the absence of the complainant.
Propose a change57 Non-appearance of both parties.
... Where at the time and place appointed for the hearing or adjourned hearing of a complaint neither the complainant nor the defendant appears, the court may dismiss the complaint.
Propose a change57A Power to transfer civil proceedings (other than family proceedings)
(1) A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court. (2) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
Propose a change58 Money recoverable summarily as civil debt.
(1) A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt. (2) Any sum payment of which may be ordered by a magistrates’ court shall be recoverable summarily as a civil debt except— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a sum that may be adjudged to be paid by a summary conviction or by an order enforceable as if it were a summary conviction.
Propose a change59 Orders for periodical payment: means of payment.
(1) In any case where a magistrates’ court orders money to be paid periodically by one person (in this section referred to as “the debtor”) to another (in this section referred to as “the creditor”), ... the court shall at the same time exercise one of its powers under paragraphs (a) and (b) of subsection (3) below . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The powers of the court are— (a) the power to order that payments under the order be made directly by the debtor to the creditor; (b) the power to order that payments under the order be made to the designated officer for the court or for any other magistrates' court; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In any case where— (a) the court proposes to exercise its power under paragraph (c) of subsection (3) above, and (b) having given the debtor an opportunity of opening an account from which payments under the order may be made in accordance with the method of payment proposed to be ordered under that paragraph, the court is satisfied that the debtor has failed, without reasonable excuse, to open such an account, the court in exercising its power under that paragraph may order that the debtor open such an account. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The methods of payment referred to in subsection (3)(c) above are the following, that is to say— (a) payment by standing order; or (b) payment by any other method which requires one person to give his authority for payments of a specific amount to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change59A Orders for periodical payment: proceedings by designated officer.
(1) Where payments under an order made by a magistrates' court are required to be made periodically— (a) to or through the designated officer for a magistrates' court, or (b) by any method of payment falling within section 59(6) above, and any sums payable under the order are in arrear, the relevant designated officer shall, if the person for whose benefit the payments are required to be made so requests in writing, and unless it appears to that designated officer that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums. (2) Where payments under an order made by a magistrates' court are required to be made periodically to or through the designated officer for a magistrates' court, the person for whose benefit the payments are required to be made may, at any time during the period in which the payments are required to be so made, give authority in writing to the relevant designated officer for him to proceed as mentioned in subsection (3) below. (3) Where authority under subsection (2) above is given to the relevant designated officer, he shall, unless it appears to him that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of any sums payable to or through him under the order in question which, on or after the date of the giving of the authority, fall into arrear. (4) In any case where— (a) authority under subsection (2) above has been given to the relevant designated officer, and (b) the person for whose benefit the payments are required to be made gives notice in writing to the relevant designated officer cancelling the authority, the authority shall cease to have effect and, accordingly, the relevant designated officer shall not continue any proceedings already commenced by virtue of the authority. (5) The person for whose benefit the payments are required to be made shall have the same liability for all the costs properly incurred in or about proceedings taken under subsection (1) above at his request or under subsection (3) above by virtue of his authority (including any costs incurred as a result of any proceedings commenced not being continued) as if the proceedings had been taken by him. (6) Nothing in subsection (1) or (3) above shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court. (7) In this section— “the relevant designated officer”, in relation to an order, means— in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, the designated officer for that magistrates' court; and in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, the designated officer for that magistrates' court; ... ... ... ...
Propose a change59B Maintenance orders: penalty for breach.
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Propose a change60 Revocation, variation, etc. of orders for periodical payment.
(1) Where a magistrates’ court has made an order for money to be paid periodically by one person to another, the court may, by order on complaint, revoke, revive or vary the order. (2) The power under subsection (1) above to vary an order shall include power to suspend the operation of any provision of the order temporarily and to revive the operation of any provision so suspended. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) For the purposes of this section— (a) “creditor” and “debtor” have the same meaning as they have in section 59 above; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change61 Periodical payments payable by one person under more than one order.
(1) Rules of court may make provision— (a) for enabling a person to make one complaint for the recovery of payments required to be made to him by another person under more than one periodical payments order; and (b) for apportioning between two or more periodical payments orders, in such manner as may be prescribed by the rules, any sum paid to the designated officer for a magistrates' court on any date by the person liable to make payments under the orders which is less than the total sum required to be paid on that date to that designated officer by that person in respect of those orders (being orders one of which requires payments to be made for the benefit of a child to the person with whom the child has his home and one or more of which requires payments to be made to that person either for his own benefit or for the benefit of another child who has his home with him) and sums paid into court in pursuance of orders under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders). (2) In this section— “child” means a person who has not attained the age of 18; “periodical payments order” means an order made by a magistrates’ court ... which requires the making of periodical payments, and any payments required under a periodical payments order to be made to a child shall for the purposes of subsection (1) above be treated as if they were required to be made to the person with whom the child has his home.
Propose a change62 Provisions as to payments required to be made to a child, etc.
(1) Where— (a) periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by a magistrates’ court, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any sum required under the order to be paid to the child may be paid to the person with whom the child has his home, and that person— (i) may proceed in his own name for the variation, revival or revocation of the order, and (ii) may either proceed in his own name for the recovery of any sum required to be paid under the order or request or authorise the designated officer for the magistrates’ court under subsection (1) or subsection (2) respectively of section 59A above, to proceed for the recovery of that sum. (2) Where a child has a right under any enactment to apply for the revival of an order made by a magistrates’ court which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order. (3) Where any person by whom periodical payments are required to be paid to a child under an order made by ... a magistrates’ court makes a complaint for the variation or revocation of that order, the person with whom the child has his home may answer the complaint in his own name. (4) Nothing in subsections (1) and (2) above shall affect any right of a child to proceed in his own name for the variation, revival or revocation of an order or for the recovery of any sum payable thereunder. (5) In this section references to the person with whom a child has his home— (a) in the case of any child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014 ), are references to that local authority; and (b) in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section “child” means a person who has not attained the age of 18.
Propose a change63 Orders other than for payment of money.
(1) Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit. (2) The court may by order made on complaint suspend or rescind any such order as aforesaid. (3) Where any person disobeys an order of a magistrates’ court made under an Act passed after 31st December 1879 to do anything other than the payment of money or to abstain from doing anything the court may— (a) order him to pay a sum not exceeding £50 for every day during which he is in default or a sum not exceeding £5,000; or (b) commit him to custody until he has remedied his default or for a period not exceeding 2 months; but a person who is ordered to pay a sum for every day during which he is in default or who is committed to custody until he has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default). (4) Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court. (5) The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment.
Propose a change64 Power to award costs and enforcement of costs.
(1) On the hearing of a complaint, a magistrates’ court shall have power in its discretion to make such order as to costs— (a) on making the order for which the complaint is made, to be paid by the defendant to the complainant; (b) on dismissing the complaint, to be paid by the complainant to the defendant, as it thinks just and reasonable; but if the complaint is for an order for the variation of an order for the periodic payment of money , or for the enforcement of such an order, the court may, whatever adjudication it makes, order either party to pay the whole or any part of the other’s costs. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The amount of any sum ordered to be paid under subsection (1) ... shall be specified in the order, or order of dismissal, as the case may be. (3) ... Costs ordered to be paid under this section shall be enforceable as a civil debt. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The preceding provisions of this section shall have effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs.
Propose a change65 Meaning of domestic proceedings.
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Propose a change65A Meaning of family procedure rules
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Propose a change66 Composition of magistrates’ courts for family proceedings: general.
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Propose a change67 Family proceedings courts.
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Propose a change68 Combined domestic court panels.
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Propose a change68A Power of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings
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Propose a change69 Sittings of magistrates’ courts for domestic proceedings.
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Propose a change70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
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Propose a change71 Newspaper reports of domestic proceedings.
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Propose a change72 Report by probation officer on means of parties.
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Propose a change