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Courts Bill [HL]


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

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Supplementary provisions about the bench

 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.

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     (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;

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           (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 Chancellor in relation to authorisations of lay justices

as members of family proceedings courts or youth courts;

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           (f)           granting or revoking such authorisations on behalf of the Lord

Chancellor.

     (3)    The Lord Chancellor must ensure that appropriate training and training

materials 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

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section.

 20    Rules

     (1)    In sections 10, 17, 18 and 19 “rules” means rules made by the Lord Chancellor.

     (2)    Before making any rules for the purposes of section 10, 17, 18 or 19 the Lord

Chancellor must consult—

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           (a)           the Criminal Procedure Rule Committee,

           (b)           the Family Procedure Rule Committee, and

           (c)           the Magistrates’ Courts Rule Committee.

 21    Duty to consult lay justices on matters affecting them etc.

The Lord Chancellor must take all reasonable and practicable steps—

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           (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.

District Judges (Magistrates’ Courts)

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 22    Appointment etc.

     (1)    Her Majesty may, on the recommendation of the Lord Chancellor, appoint a

person who has a 7 year general qualification to be a District Judge

(Magistrates’ Courts).

 

 

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

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     (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.

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     (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 remove a District Judge (Magistrates’ Courts) from

office on the ground of incapacity or misbehaviour.

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 23    Senior District Judge (Chief Magistrate)

The Lord Chancellor—

           (a)           may designate one of the District Judges (Magistrates’ Courts) to be

Senior District Judge (Chief Magistrate), and

           (b)           if he does so, may designate another of them to be the deputy of the

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Senior District Judge (Chief Magistrate).

 24    Deputy District Judges (Magistrates’ Courts)

     (1)    The Lord Chancellor may appoint a person who has a 7 year general

qualification to be a Deputy District Judge (Magistrates’ Courts) for such

period as the Lord Chancellor considers appropriate (but subject to subsection

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(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)

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such remuneration and allowances as he may determine.

     (4)    The Lord Chancellor may remove a Deputy District Judge (Magistrates’

Courts) from office on the ground of incapacity or misbehaviour.

     (5)    During the period of his appointment, a Deputy District Judge (Magistrates’

Courts)—

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           (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

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     (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 or on

behalf of the Lord Chancellor.

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

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 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

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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,

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            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

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licence.

     (4)    This section does not apply to the hearing or determination of family

proceedings (as defined by section 65 of the 1980 Act).

     (5)    “The 1980 Act” means the Magistrates’ Courts Act 1980 (c. 43).

Justices’ clerks and assistant clerks

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 27    Justices’ clerks and assistant clerks

     (1)    A justices’ clerk is a person who is—

           (a)           appointed by the Lord Chancellor under section 2(1), and

           (b)           designated by the Lord Chancellor as a justices’ clerk.

     (2)    A person may be designated as a justices’ clerk only if he—

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           (a)           has a 5 year magistrates’ court qualification,

           (b)           is a barrister or solicitor who has served for not less than 5 years as an

assistant to a justices’ clerk, or

           (c)           has previously been a justices’ clerk.

     (3)           The Lord Chancellor—

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           (a)           must assign each justices’ clerk to one or more local justice areas, and

           (b)           subject to subsection (4), may change an assignment so as to assign the

justices’ clerk to a different local justice area or to different local justice

areas.

     (4)           Before changing an assignment of a justices’ clerk so that he is no longer

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assigned to a local justice area, the Lord Chancellor must consult—

           (a)           the chairman of the lay justices assigned to that area, or

           (b)           if it is not possible or not practicable to consult the chairman, the

deputy chairman or such of the lay justices assigned to or acting in the

area as appear to the Lord Chancellor appropriate.

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     (5)    An assistant to a justices’ clerk is 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

 

 

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

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           (b)           designated by the Lord Chancellor as an assistant to a justices’ clerk.

     (6)    The Lord Chancellor may by regulations provide that, subject to such

exceptions as may be prescribed by the regulations, a person may be

designated as an assistant to a justices’ clerk only if he—

           (a)           has a 5 year magistrates’ court qualification, or

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           (b)           has such qualifications as may be prescribed by, or approved by the

Lord Chancellor in accordance with, the regulations.

     (7)    In this Part “assistant clerk” is short for “assistant to a justices’ clerk”.

 28    Functions

     (1)    Rules may make provision enabling things authorised to be done by, to or

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before a single justice of the peace to be done instead by, to or before a justices’

clerk.

     (2)    Rules may also make provision enabling things authorised to be done by, to or

before a justices’ clerk (whether by virtue of subsection (1) or otherwise) to be

done instead by, to or before an assistant clerk.

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     (3)    An enactment or rule of law which—

           (a)           regulates the exercise of any jurisdiction or powers of justices of the

peace, or

           (b)           relates to things done in the exercise or purported exercise of any such

jurisdiction or powers,

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            applies in relation to the exercise or purported exercise of any such jurisdiction

or powers by a justices’ clerk by virtue of subsection (1) as if he were a justice

of the peace.

     (4)    The functions of a justices’ clerk include giving advice to any or all of the

justices of the peace to whom he is clerk about matters of law (including

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procedure and practice) on questions arising in connection with the discharge

of their functions, including questions arising when the clerk is not personally

attending on them.

     (5)    The powers of a justices’ clerk include, at any time when he thinks he should

do so, bringing to the attention of any or all of the justices of the peace to whom

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he is clerk any point of law (including procedure and practice) that is or may

be involved in any question so arising.

     (6)    For the purposes of subsections (4) and (5) the functions of justices of the peace

do not include functions as a judge of the Crown Court.

     (7)    Subsections (4) and (5) do not limit—

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           (a)           the powers and duties of a justices’ clerk, or

           (b)           the matters on which justices of the peace may obtain assistance from

their clerk.

     (8)    In this section “rules” means rules made by the Lord Chancellor.

     (9)    Before making any rules for the purposes of this section the Lord Chancellor

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must consult—

           (a)           the Criminal Procedure Rule Committee,

           (b)           the Family Procedure Rule Committee, and

           (c)           the Magistrates’ Courts Rule Committee.

 

 

 
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