House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Courts Bill [HL]


Courts Bill [HL]
Part 2 — Justices of the peace

    17

 

 35    Regulations about payments, accounting and banking by designated officers

     (1)    The Lord Chancellor may, with the concurrence of the Treasury, make

regulations—

           (a)           as to the times at which, and the manner in which, a designated officer

is to pay sums payable by him in his capacity as such to the Lord

5

Chancellor or any other person,

           (b)           requiring the keeping of accounts by designated officers in respect of

sums received by them,

           (c)           as to the production, inspection and audit of accounts required to be

kept, and

10

           (d)           requiring designated officers to use—

                  (i)                 specified banking arrangements or facilities, or

                  (ii)                banking arrangements or facilities of a specified description,

                         in relation to sums received by them.

     (2)    Regulations under this section may make different provision in relation to

15

different descriptions of designated officer.

Miscellaneous

 36    Disqualification of lay justices who are members of local authorities

     (1)    A lay justice who is a member of a local authority may not act as a member of

the Crown Court or a magistrates’ court in proceedings brought by or against,

20

or by way of an appeal from a decision of—

           (a)           that local authority,

           (b)           a committee or officer of that local authority, or

           (c)           if that local authority is operating executive arrangements (within the

meaning of Part 2 of the Local Government Act 2000 (c. 22))—

25

                  (i)                 the executive of that local authority (within the meaning of that

Part), or

                  (ii)                any person acting on behalf of that executive.

     (2)    A lay justice who is a member of the Common Council of the City of London

may not act as a member of the Crown Court or a magistrates’ court in

30

proceedings brought by or against, or by way of an appeal from a decision of—

           (a)           the Corporation of the City,

           (b)           the Common Council, or

           (c)           a committee or officer of the Corporation or the Common Council.

     (3)    A joint committee, joint board, joint authority or other combined body—

35

           (a)           of which a local authority, the Corporation or the Common Council is

a member, or

           (b)           on which the local authority, the Corporation or the Council is

represented,

            is to be regarded for the purposes of this section as a committee of the local

40

authority, Corporation or Common Council.

     (4)    Any reference in this section to an officer of—

           (a)           a local authority,

           (b)           the Corporation, or

           (c)           the Common Council,

45

 

 

Courts Bill [HL]
Part 3 — Magistrates’ courts

    18

 

            is to a person employed or appointed by, or by a committee of, the local

authority, Corporation or Common Council in the capacity in which he is

employed or appointed to act.

     (5)    No act is invalidated merely because of the disqualification under this section

of the person by whom it is done.

5

     (6)    “Local authority” means—

           (a)           a local authority within the meaning of the Local Government Act 1972

(c. 70),

           (b)           a local authority constituted under section 2 of the Local Government

etc. (Scotland) Act 1994 (c. 39),

10

           (c)           a police authority established under section 3 of the Police Act 1996

(c. 16), the Metropolitan Police Authority, the Service Authority for the

National Criminal Intelligence Service or the Service Authority for the

National Crime Squad,

           (d)           the London Fire and Emergency Planning Authority,

15

           (e)           a joint authority established under Part 4 of the Local Government Act

1985 (c. 51),

           (f)           a National Park Authority,

           (g)           the Broads Authority, or

           (h)           a housing action trust established under Part 3 of the Housing Act 1988

20

(c. 50).

 37    Effect of Act of Settlement on existing justices of the peace

Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born

outside the United Kingdom) invalidates—

           (a)           any appointment before 31st January 2002 of a justice of the peace, or

25

           (b)           any act done by virtue of such an appointment.

Part 3

Magistrates’ courts

Criminal jurisdiction and procedure

 38    Summons or warrant for suspected offender

30

     (1)    For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his

arrest), substitute—

           “(1)               On an information being laid before a justice of the peace that a person

has, or is suspected of having, committed an offence, the justice may

issue—

35

                  (a)                 a summons directed to that person requiring him to appear

before a magistrates’ court to answer the information, or

                  (b)                 a warrant to arrest that person and bring him before a

magistrates’ court.”

     (2)    Omit section 1(2), (5) and (8) of the 1980 Act.

40

 

 

Courts Bill [HL]
Part 3 — Magistrates’ courts

    19

 

 39    Trial of summary offences

For section 2 of the 1980 Act substitute—

       “2            Trial of summary offences

           (1)           A magistrates’ court has jurisdiction to try any summary offence.

           (2)           A magistrates’ court has jurisdiction as examining justices over any

5

offence committed by a person who appears or is brought before the

court.

           (3)           Subject to—

                  (a)                 sections 18 to 22, and

                  (b)                 any other enactment (wherever contained) relating to the mode

10

of trial of offences triable either way,

                         a magistrates’ court has jurisdiction to try summarily any offence

which is triable either way.

           (4)           A magistrates’ court has jurisdiction, in the exercise of its powers under

section 24, to try summarily an indictable offence.

15

           (5)           This section does not affect any jurisdiction over offences conferred on

a magistrates’ court by any enactment not contained in this Act.”

 40    Power to make rulings at pre-trial hearings

     (1)    Schedule 3 contains amendments of the 1980 Act relating to rulings at pre-trial

hearings in magistrates’ courts.

20

     (2)    The amendments made by the Schedule apply in relation to pre-trial hearings

beginning on or after the day on which it comes into force.

 41    Power to transfer criminal cases

     (1)    After section 27 of the 1980 Act insert—

“Transfer of criminal proceedings

25

       27A            Power to transfer criminal proceedings

           (1)           Where a person appears or is brought before a magistrates’ court—

                  (a)                 to be tried by the court for an offence, or

                  (b)                 for the court to inquire into the offence as examining justices,

                         the court may transfer the matter to another magistrates’ court.

30

           (2)           The court may transfer the matter before or after beginning the trial or

inquiry.

           (3)           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.”

35

     (2)    Omit section 3B of the 1980 Act (transfer of trials of summary offences).

 

 

Courts Bill [HL]
Part 3 — Magistrates’ courts

    20

 

Civil jurisdiction and procedure

 42    Jurisdiction to issue summons and deal with complaints

     (1)    For section 51 of the 1980 Act (issue of summons on complaint) substitute—

       “51            Issue of summons on complaint

Where a complaint relating to a person is made to a justice of the peace,

5

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.”

     (2)    For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute—

       “52            Jurisdiction to deal with complaints

           (1)           A magistrates’ court has jurisdiction to hear any complaint.

10

           (2)           But subsection (1) is subject to provision made by any enactment.”

 43    Power to transfer civil proceedings (other than family proceedings)

After section 57 of the 1980 Act insert—

“Transfer of civil proceedings (other than family proceedings)

       57A            Power to transfer civil proceedings (other than family proceedings)

15

           (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

20

must begin hearing the evidence and the parties again.

           (3)           This section does not apply to family proceedings.”

Family proceedings courts and youth courts

 44    Family proceedings courts

     (1)    For section 67 of the 1980 Act (family proceedings courts and panels)

25

substitute—

       “67 Family proceedings courts

           (1)           Magistrates’ courts—

                  (a)                 constituted in accordance with this section or section 61 of the

Courts Act 2003 (judges having powers of District Judges

30

(Magistrates’ Courts)), and

                  (b)                 sitting for the purpose of hearing family proceedings,

                         are to be known as family proceedings courts.

           (2)           A justice of the peace is not qualified to sit as a member of a family

proceedings court to hear family proceedings of any description unless

35

he has an authorisation extending to the proceedings.

 

 

Courts Bill [HL]
Part 3 — Magistrates’ courts

    21

 

           (3)           He has an authorisation extending to the proceedings only if he has

been authorised by the Lord Chancellor or a person acting on his behalf

to sit as a member of a family proceedings court to hear—

                  (a)                 proceedings of that description, or

                  (b)                 all family proceedings.

5

           (4)           The Lord Chancellor may by rules make provision about—

                  (a)                 the grant and revocation of authorisations,

                  (b)                 the appointment of chairmen of family proceedings courts, and

                  (c)                 the composition of family proceedings courts.

           (5)           Rules under subsection (4) may confer powers on the Lord Chancellor

10

with respect to any of the matters specified in the rules.

           (6)           Rules under subsection (4) may be made only after consultation with

the Family Procedure Rule Committee.

           (7)           Rules under subsection (4) are to be made by statutory instrument.

           (8)           A statutory instrument containing rules under subsection (4) is subject

15

to annulment in pursuance of a resolution of either House of

Parliament.”

     (2)    Omit section 68 of the 1980 Act (combined family panels for two or more petty

sessions areas).

 45    Youth courts

20

     (1)    For section 45 of the 1933 Act (constitution of youth courts) substitute—

       “45 Youth courts

           (1)           Magistrates’ courts—

                  (a)                 constituted in accordance with this section or section 61 of the

Courts Act 2003 (judges having powers of District Judges

25

(Magistrates’ Courts)), and

                  (b)                 sitting for the purpose of—

                        (i)                        hearing any charge against a child or young person or

                        (ii)                       exercising any other jurisdiction conferred on youth

courts by or under this or any other Act,

30

                         are to be known as youth courts.

           (2)           A justice of the peace is not qualified to sit as a member of a youth court

for the purpose of dealing with any proceedings unless he has an

authorisation extending to the proceedings.

           (3)           He has an authorisation extending to the proceedings only if he has

35

been authorised by the Lord Chancellor or a person acting on his behalf

to sit as a member of a youth court to deal with—

                  (a)                 proceedings of that description, or

                  (b)                 all proceedings dealt with by youth courts.

           (4)           The Lord Chancellor may by rules make provision about—

40

                  (a)                 the grant and revocation of authorisations,

                  (b)                 the appointment of chairmen of youth courts, and

                  (c)                 the composition of youth courts.

 

 

Courts Bill [HL]
Part 4 — Court security

    22

 

           (5)           Rules under subsection (4) may confer powers on the Lord Chancellor

with respect to any of the matters specified in the rules.

           (6)           Rules under subsection (4) may be made only after consultation with

the Criminal Procedure Rule Committee.

           (7)           Rules under subsection (4) are to be made by statutory instrument.

5

           (8)           A statutory instrument containing rules under subsection (4) is subject

to annulment in pursuance of a resolution of either House of

Parliament.”

     (2)    Omit Schedule 2 to the 1933 Act (constitution of youth courts).

     (3)    Omit section 146 of the 1980 Act (rules relating to youth court panels and the

10

composition of youth courts).

     (4)    “The 1933 Act” means the Children and Young Persons Act 1933 (c. 12).

Part 4

Court security

 46    Court security officers

15

     (1)    A court security officer is a person who is—

           (a)           appointed by the Lord Chancellor under section 2(1) or provided under

arrangements made by him under section 2(4), and

           (b)           designated by the Lord Chancellor as a court security officer.

     (2)    The Lord Chancellor may by regulations make provision as to—

20

           (a)           training courses to be completed by court security officers;

           (b)           conditions to be met before a person may be designated as a court

security officer.

     (3)    For the purposes of this Part a court security officer who is not readily

identifiable as such (whether by means of his uniform or badge or otherwise),

25

is not to be regarded as acting in the execution of his duty.

 47    Powers of search

     (1)    A court security officer acting in the execution of his duty may search—

           (a)           any person who is in, or seeking to enter, a court building, and

           (b)           any article in the possession of such a person.

30

     (2)    Subsection (1) does not authorise the officer to require a person to remove any

of his clothing other than a coat, jacket, gloves or hat.

     (3)    In this Part “court building” means any building—

           (a)           where the business of any of the courts referred to in section 1 is carried

on, and

35

           (b)           to which the public has access.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 31 March 2003