Courts Act 2003
2003 c. 39
An Act to make provision about the courts and their procedure and practice; about judges and magistrates; about fines and the enforcement processes of the courts; about periodical payments of damages; and for connected purposes.
[20th November 2003]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—
(a) the Senior Courts
(aa) the Court of Protection,
(b) the county court,
(ba) the family court, and
(c) magistrates' courts,
and that appropriate services are provided for those courts.
(2) In this Part—
(a) “the Senior Courts” includes the district probate registries, and
(b) “magistrates' court” includes a committee of justices.
(3) In this Part references to the Lord Chancellor’s general duty in relation to the courts are to his duty under this section.
(4) The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his general duty in relation to the courts.
(1) The Lord Chancellor may appoint such officers and other staff as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
(2) The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to persons appointed under subsection (1) as they apply to other persons employed in the civil service of the State.
(3) “The civil service pension arrangements” means—
(a) the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11)), and
(b) any other superannuation benefits for which provision is made under or by virtue of section 1 of the 1972 Act for or in respect of persons in employment in the civil service of the State.
(4) Subject to subsections (5) and (6), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of officers, staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
(5) The Lord Chancellor may not enter into contracts for the provision of officers and staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.
(6) The Lord Chancellor may not enter into contracts for the provision of officers and staff to carry out the administrative work of the courts unless an order made by the Lord Chancellor authorises him to do so.
(7) Before making an order under subsection (6) the Lord Chancellor must consult—
(a) the Lord Chief Justice,
(b) the Master of the Rolls,
(c) the President of the Queen's Bench Division,
(d) the President of the Family Division, and
(e) the President of the Business and Property Division.
as to what effect (if any) the order might have on the proper and efficient administration of justice.
(8) An order under subsection (6) may authorise the Lord Chancellor to enter into contracts for the provision of officers or staff to discharge functions—
(a) wholly or to the extent specified in the order,
(b) generally or in cases or areas specified in the order, and
(c) unconditionally or subject to the fulfilment of conditions specified in the order.
(1) The Lord Chancellor may provide, equip, maintain and manage such court-houses, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
(2) The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of court-houses, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
(3) The powers under—
(a) section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and
(b) section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),
to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).
(4) “Court-house” means any place where a court sits, including the precincts of any building in which it sits.
6 Abolition of magistrates' courts committees, etc.
(1) The Greater London Magistrates' Courts Authority (the magistrates' courts committee for Greater London) and all the magistrates' courts committees for areas of England and Wales outside Greater London are abolished.
(2) In consequence of that—
(a) England and Wales outside Greater London is no longer divided into magistrates' courts committee areas, and
(b) the office of justices' chief executive is abolished.
(3) Schedule 2 (abolition of magistrates' courts committees: transfers) has effect.
(4) The Justices of the Peace Act 1997 (c. 25) ceases to have effect.
7 The commission of the peace for England and Wales
There shall be a commission of the peace for England and Wales—
(a) issued under the Great Seal, and
(b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales.
(1) England and Wales is to be divided into areas to be known as local justice areas.
(2) The areas are to be those specified by an order made by the Lord Chancellor.
(3) Each local justice area established by order under subsection (2) is to be known by such name as is specified in the order (but subject to subsection (4)).
(4) The Lord Chancellor may make orders altering local justice areas.
(5) “Altering”, in relation to a local justice area, includes (as well as changing its boundaries)—
(a) combining it with one or more other local justice areas,
(b) dividing it between two or more other local justice areas, and
(c) changing its name.
(5A) Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.
(6) Before making an order under subsection (4) in relation to a local justice area the Lord Chancellor must consult—
(a) the justices of the peace assigned to the local justice area,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) unless the alteration consists only of a change of name, any local authorities whose area includes the local justice area or a part of the local justice area.
(7) “Local authority” means—
(a) any council of a county, a county borough, a London borough or a council of a district,
(b) the Common Council of the City of London, or
(c) a police and crime commissioner or the Mayor's Office for Policing and Crime.
(8) 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.
(1) Lay justices are to be appointed for England and Wales by the Lord Chief Justice by instrument on behalf and in the name of Her Majesty.
(1A) Subject to the following provisions of this section and to sections 11 to 15, a person appointed under subsection (1) is to hold and vacate office as a justice of the peace in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
(2) Lord Chief Justice
(a) must assign each lay justice to one or more local justice areas, and
(b) may change an assignment so as to assign the lay justice to a different local justice area or to different local justice areas.
(2ZA) The Lord Chief Justice must ensure that arrangements for the exercise, so far as affecting any local justice area, of the function under subsection (1) include arrangements for consulting persons appearing to the Lord Chief Justice to have special knowledge of matters relevant to the exercise of that function in relation to that area.
(2A) The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsection (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.
(3) Every lay justice is, by virtue of his office, capable of acting as such in any local justice area (whether or not he is assigned to it); but he may do so only in accordance with arrangements made by Lord Chief Justice .
(4) Rules may make provision about the training courses to be completed before a person may exercise functions as a lay justice in any proceedings or class of proceedings specified in the rules.
(5) Subsection (3) is subject to section 12 (the supplemental list).
(6) The functions conferred on the Lord Chief Justice by subsections (2) and (3) may be exercised only after consulting the Lord Chancellor.
(6A) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (1).
(7) 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 subsection (2), (2ZA) or (3).
(1) A lay justice may resign his office at any time.
(2) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, remove a lay justice from his office by an instrument on behalf and in the name of Her Majesty—
(a) on the ground of incapacity or misbehaviour,
(b) on the ground of a persistent failure to meet such standards of competence as are prescribed by a direction given by the Lord Chancellor with the concurrence of the Lord Chief Justice , or
(c) if he is satisfied that the lay justice is declining or neglecting to take a proper part in the exercise of his functions as a justice of the peace.
(1) A list, to be known as “the supplemental list”, must be kept in the office of the Clerk of the Crown in Chancery.
(2) A lay justice whose name is entered in the supplemental list is not qualified as a justice of the peace to do any act or to be a member of a committee or other body.
(3) No act or appointment is invalidated by reason of the disqualification of a lay justice under subsection (2).
(1) Subject to subsection (3), the name of a lay justice who has reached 75 must be entered in the supplemental list.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where—
(a) proceedings are, or are expected to be, in progress on the day on which the lay justice reaches 75, and
(b) the lay justice is exercising functions in those proceedings as a justice of the peace,
the Lord Chief Justice may, with the concurrence of the Lord Chancellor, direct that the name of the lay justice need not be entered in the supplemental list until the proceedings have ended.
(4) The name of a lay justice must be entered in the supplemental list if—
(a) he applies for it to be entered, and
(b) the application is approved by the Lord Chancellor.
(5) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity.
(6) 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 subsection (3).
(1) A person’s name must be removed from the supplemental list if he ceases to be a justice of the peace.
(2) A person’s name must be removed from the supplemental list if—
(a) his name is in the list as a result of section 13(4) or (5), and
(b) the Lord Chancellor , with the concurrence of the Lord Chief Justice, directs its removal.
(1) A lay justice is entitled to payments by way of—
(a) travelling allowance,
(b) subsistence allowance, and
(c) financial loss allowance.
(2) Allowances under this section are to be paid by the Lord Chancellor at rates determined by him.
(3) A lay justice’s travelling allowance is an allowance in respect of expenditure—
(a) which is incurred by him on travelling, and
(b) which is necessarily incurred for the purpose of enabling him to perform his duties.
(4) A lay justice’s subsistence allowance is an allowance in respect of expenditure—
(a) which is incurred by him on subsistence, and
(b) which is necessarily incurred for the purpose of enabling him to perform his duties.
(5) A lay justice’s financial loss allowance is an allowance in respect of—
(a) any other expenditure incurred by reason of the performance of his duties, and
(b) any loss of earnings or social security benefits suffered by reason of the performance of his duties.
(6) A lay justice is not entitled to a payment under this section in respect of the performance of his duties if—
(a) a payment of a similar kind in respect of those duties may be made to him apart from this section, or
(b) entitlement to the payment is excluded by regulations made by the Lord Chancellor.
(7) For the purposes of this section the performance of a lay justice’s duties includes taking a training course provided by or on behalf of the Lord Chief Justice .
(8) The Lord Chancellor may by regulations make provision about the way in which this section is to be administered and may in particular make provision—
(a) prescribing sums (including tax credits) that are to be treated as social security benefits for the purposes of financial loss allowances,
(b) prescribing the particulars to be provided for claiming payment of allowances, and
(c) for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose.
(9) 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 subsection (7).
(1) The Lord Chancellor—
(a) must appoint a person to be keeper of the rolls for each local justice area, and
(b) may appoint the same person to be keeper of the rolls for more than one local justice area.
(2) The keeper of the rolls for a local justice area must be notified, in such manner as the Lord Chancellor may direct, of—
(a) any assignment of a lay justice to the area,
(b) any change in an assignment of a lay justice as a result of which he ceases to be assigned to the area, and
(c) the fact that a lay justice assigned to the area has ceased to be a justice of the peace or that his name has been entered in or removed from the supplemental list.
(3) The keeper of the rolls for a local justice area must ensure that an accurate record is maintained of all lay justices for the time being assigned to the area.
(4) The Lord Chancellor must consult the Lord Chief Justice before—
(a) appointing a person under subsection (1), or
(b) giving a direction under subsection (2).
(5) 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.
(1) For each local justice area there is to be—
(a) a chairman of the lay justices assigned to the area, and
(b) one or more deputy chairmen of those lay justices,
chosen by them from among their number.
(2) Rules may make provision—
(a) subject to subsection (3), as to the term of office of the chairman and deputy chairmen, and
(b) as to the number of deputy chairmen to be elected for any area.
(3) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, authorise a lay justice to continue to hold office as chairman or deputy chairman for the purposes of specified proceedings which are, or are expected to be, in progress on the day on which the lay justice’s office would otherwise end.
(4) Any contested election for choosing the chairman or a deputy chairman is to be held by secret ballot.
(5) Rules may make provision for the purposes of this section and may in particular make provision—
(a) about the procedure for nominating candidates for election as a chairman or a deputy chairman;
(b) about the procedure at such an election.
(6) 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.
(1) If the chairman for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in the area, he must preside.
(2) If, in the absence of the chairman, one or more of the deputy chairmen for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in that area he (or the most senior of them) must preside.
(3) Neither subsection (1) nor subsection (2) applies if, in accordance with rules, the chairman or (as the case may be) the deputy chairman asks another of the lay justices to preside.
(4) Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside in court if, under rules, he is ineligible to do so.
(5) Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside—
(a) in a youth court ...,
(b) at meetings of a committee or other body of justices of the peace which has its own chairman, or
(c) at sittings when a District Judge (Magistrates' Courts) is engaged as such in administering justice.
(6) Rules may make provision for the purposes of subsections (3) and (4) and may in particular make provision—
(a) as to training courses to be completed by lay justices before they may preside in court,
(b) as to—
(i) the approval of lay justices, in accordance with the rules, before they may preside in court,
(ii) the lay justices who may be so approved, and
(iii) the courts to which the approval relates, and
(c) as to circumstances in which a lay justice may preside in court even though requirements imposed under paragraph (a) or (b) are not met in relation to him.
(7) Rules may also make provision—
(a) specifying the maximum number of lay justices who may sit to deal with a case as a magistrates' court, and
(b) as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, lay justices.
19 Training, development and appraisal of lay justices
(1) Rules may (in addition to making provision under sections 10(4) and 18(6)) make provision for, or in connection with, the training, development and appraisal of lay justices.
(2) Such rules may make provision for committees, constituted in accordance with the rules, to have such functions as may be specified in the rules, including, in particular—
(a) providing advice and support to lay justices in connection with their functions as lay justices;
(b) identifying the training needs of lay justices;
(c) appraising lay justices and reporting on the results of appraisals;
(d) giving or withholding approval for the purposes of section 18;
(e) advising the Lord Chief Justice in relation to authorisations of lay justices as judges of the family court or as members of youth courts;
(f) granting or revoking such authorisations on behalf of the Lord Chief Justice .
(3) The Lord Chief Justice must ensure that training and training materials that appear to him, after consulting the Lord Chancellor, to be appropriate are provided for lay justices with a view to enabling them to comply with requirements as to training imposed by rules under section 10 or 18 or this section.
(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.
(1) In sections 10, 17, 18 and 19 “rules” means rules made by the Lord Chief Justice .
(2) Before making any rules for the purposes of section 10, 17, 18 or 19 the Lord Chief Justice must consult—
(za) the Lord Chancellor,
(a) the Criminal Procedure Rule Committee,and
(b) the Family Procedure Rule Committee, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) 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 of making the rules referred to in this section.
21 Duty to consult lay justices on matters affecting them etc.
(1) The Lord Chancellor and the Lord Chief Justice must take all reasonable and practicable steps—
(a) for ensuring that lay justices acting in a local justice area are kept informed of matters affecting them in the performance of their duties, and
(b) for ascertaining their views on such matters.
(2) 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.
(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who satisfies the judicial-appointment eligibility condition on a 5-year basis to be a District Judge (Magistrates' Courts).
(2) A District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 (c. 72) and the Promissory Oaths Act 1871 (c. 48).
(3) The Lord Chancellor may pay to a District Judge (Magistrates' Courts) such allowances as he may determine.
(4) Any such allowances are in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973 (c. 15).
(5) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, remove a District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.
Her Majesty
(a) may designate one of the District Judges (Magistrates' Courts) to be Senior District Judge (Chief Magistrate), and
(b) if she does so, may designate another of them to be the deputy of the Senior District Judge (Chief Magistrate).
(1) The Lord Chief Justice may appoint a person who satisfies the judicial-appointment eligibility condition on a 5-year basis to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (4)).
(2) A Deputy District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.
(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may determine.
(4) A person may be removed from office as a Deputy District Judge (Magistrates' Courts)—
(a) only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person's terms of appointment.
(4A) Subject to subsection (4B), the period of a person's appointment under this section (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry.
(4B) Extension under subsection (4A)—
(a) requires the person's agreement,
(b) is to be for such period as the Lord Chancellor considers appropriate, and
(c) may be refused on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person's terms of appointment,
but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.
(4C) Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a Deputy District Judge (Magistrates' Courts) in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
(4D) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (4)(a).
(5) During the period of his appointment, a Deputy District Judge (Magistrates' Courts)—
(a) is to act as a District Judge (Magistrates' Courts), and
(b) is to be treated for all purposes (apart from appointment, tenure, remuneration, allowances and pensions) as if he were a District Judge (Magistrates' Courts).
25 District Judges (Magistrates' Courts) as justices of the peace
(1) A District Judge (Magistrates' Courts) is by virtue of his office a justice of the peace for England and Wales.
(2) It is the duty of a District Judge (Magistrates' Courts) to act as a justice of the peace in any local justice area in accordance with arrangements made by the Lord Chief Justice, after consulting the Lord Chancellor .
(3) 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 subsection (2).
26 District Judges (Magistrates' Courts) able to act alone
(1) Nothing in the 1980 Act—
(a) requiring a magistrates' court to be composed of two or more justices, or
(b) limiting the powers of a magistrates' court when composed of a single justice,
applies to a District Judge (Magistrates' Courts).
(2) A District Judge (Magistrates' Courts) may—
(a) do any act, and
(b) exercise alone any jurisdiction,
which can be done or exercised by two justices, apart from granting or transferring a licence.
(3) Any enactment making provision ancillary to the jurisdiction exercisable by two justices of the peace also applies to the jurisdiction of a District Judge (Magistrates' Courts), unless the provision relates to granting or transferring a licence.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) “The 1980 Act” means the Magistrates' Courts Act 1980 (c. 43).
28 Function of giving legal advice to justices of the peace
(1) The Lord Chief Justice may authorise a person—
(a) to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the person is not personally attending on them, and
(b) to bring to the attention of justices of the peace, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.
(2) For the purposes of subsection (1), the functions of justices of the peace do not include functions as a judge of the family court or the Crown Court.
(3) The Lord Chief Justice may authorise a person under subsection (1) only if the person—
(a) is appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and
(b) has such qualifications as may be prescribed by regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.
(4) An authorisation under subsection (1)—
(a) may be subject to conditions, and
(b) may be varied or revoked by the Lord Chief Justice at any time.
(5) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—
(a) a judicial office holder;
(b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.
(6) A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—
(a) the Lord Chief Justice, or
(b) a judicial office holder nominated by the Lord Chief Justice,
when exercising the functions.
(7) In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.
(1) The Lord Chief Justice may give directions to a person authorised to exercise functions under section 28(1).
(2) Apart from such directions, a person authorised to exercise functions under section 28(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the functions.
(3) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—
(a) a judicial office holder;
(b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.
(4) A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—
(a) the Lord Chief Justice, or
(b) a judicial office holder nominated by the Lord Chief Justice,
when exercising the functions.
(5) In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.
(1) The Lord Chancellor may , after consulting the Lord Chief Justice, give directions as to the places in England and Wales at which magistrates' courts may sit.
(2) In exercising his powers under subsection (1), the Lord Chancellor shall have regard to the need to ensure that court-houses are accessible to persons resident in each local justice area.
(3) The Lord Chancellor may, with the concurrence of the Lord Chief Justice, give directions as to the distribution and transfer of the general business of magistrates' courts between the places specified in directions under subsection (1).
(4) Directions under subsection (3) may, in particular, contain provision that, where a person is charged with an offence and is being required to appear before a magistrates' court, the place where he is required to appear is one of the places described in subsection (5).
(5) The places are—
(a) a place in the local justice area in which the offence is alleged to have been committed;
(b) a place in the local justice area in which the person charged with the offence resides;
(c) a place in the local justice area in which the witnesses, or the majority of the witnesses, reside;
(d) a place where other cases raising similar issues are being dealt with.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The Lord Chancellor may , after consulting the Lord Chief Justice, give directions as to the days on which and times at which magistrates' courts may sit.
(8) Subject to any directions under subsection (7), the business of magistrates' courts may be conducted on any day and at any time.
(9) 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 subsection (1) or (7).
(1) No action lies against a justice of the peace in respect of what he does or omits to do—
(a) in the execution of his duty as a justice of the peace, and
(b) in relation to a matter within his jurisdiction.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) An action lies against a justice of the peace in respect of what he does or omits to do—
(a) in the purported execution of his duty as a justice of the peace, but
(b) in relation to a matter not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Striking out proceedings where action prohibited
(1) If an action is brought in circumstances in which section 31 or 32 provides that no action lies, a judge of the court in which the action is brought may, on the application of the defendant, strike out the proceedings in the action.
(2) If a judge strikes out proceedings under subsection (1), he may if he thinks fit order the person bringing the action to pay costs.
(1) A court may not order a justice of the peace to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justice of the peace.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) But subsection (1) does not apply in relation to any proceedings in which a justice of the peace ...—
(a) is being tried for an offence or is appealing against a conviction, or
(b) is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.
(4) A court which is prevented by subsection (1) from ordering a justice of the peace to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.
(5) The Lord Chancellor may , after consulting the Lord Chief Justice, make regulations specifying—
(a) circumstances in which a court must or must not exercise the power conferred on it by subsection (4), and
(b) how the amount of any payment ordered under subsection (4) is to be determined.
(6) 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.
(1) “Indemnifiable amounts”, in relation to a justice of the peace ..., means—
(a) costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of his duty as a justice of the peace ...,
(b) costs which he reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,
(c) damages awarded against him or costs ordered to be paid by him in such proceedings, or
(d) sums payable by him in connection with a reasonable settlement of such proceedings or such a claim.
(2) Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.
(3) The Lord Chancellor must indemnify a justice of the peace ... in respect of—
(a) indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith, and
(b) other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.
(4) The Lord Chancellor may indemnify a justice of the peace ... in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith.
(5) Any question whether, or to what extent, a person is to be indemnified under this section is to be determined by the Lord Chancellor.
(6) The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—
(a) costs such as are mentioned in subsection (1)(a) or (b), or
(b) sums such as are mentioned in subsection (1)(d),
before the costs are incurred or the settlement in connection with which the sums are payable is made.
(7) But a determination under subsection (6) before costs are incurred—
(a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and
(b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
Any reference in an enactment to a fines officer is to a person who is—
(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and
(b) designated as a fines officer by the Lord Chancellor.
36A All functions of fines officers may be contracted-out
A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.
(1) Any reference in an enactment to the designated officer, in relation to a magistrates' court, justice of the peace or local justice area, is to a person who is—
(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and
(b) designated by the Lord Chancellor in relation to that court, justice of the peace or area.
(2) In this section “magistrates' court” includes—
(a) a committee of justices, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The following are to be paid to the Lord Chancellor—
(a) fines imposed by a magistrates' court,
(b) sums which—
(i) become payable by virtue of an order of a magistrates' court, and
(ii) are by an enactment made applicable as fines (or any description of fines) imposed by a magistrates' court, and
(c) all other sums received by—
(i) a designated officer for a magistrates' court, or
(ii) a designated officer for a local justice area,
in his capacity as such.
(2) “Fine” includes—
(a) any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction, and
(b) any pecuniary forfeiture on conviction by, or under any order of, a magistrates' court so far as the forfeiture is converted into or consists of money.
(3) For the purposes of this section anything done by the Crown Court on appeal from a magistrates' court is to be treated as done by the magistrates' court.
(4) Any sums received by the Lord Chancellor under this section are to be paid by him into the Consolidated Fund.