Office of Public Sector Information
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.
(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) any courts board whose area includes the local justice area or a part of the local justice area, and
(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 authority established under section 3 of the Police Act 1996 (c. 16) or the Metropolitan Police Authority.
In this Act “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).
(1) Lay justices are to be appointed for England and Wales by the Lord Chancellor by instrument on behalf and in the name of Her Majesty.
(2) The Lord Chancellor—
(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.
(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 or on behalf of the Lord Chancellor.
(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).
(1) A lay justice may resign his office at any time.
(2) The Lord Chancellor may 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, 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 subsections (2) and (3), the name of a lay justice who has reached 70 must be entered in the supplemental list.
(2) The name of a lay justice who, when he reaches 70, is chairman of the lay justices assigned to a local justice area need not be entered in the supplemental list until the term for which he is serving as chairman has ended.
(3) Where—
(a) proceedings are, or are expected to be, in progress on the day on which the lay justice reaches 70, and
(b) the lay justice is exercising functions in those proceedings as a justice of the peace,
the Lord Chancellor may 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 direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity.
(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 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 Chancellor.
(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.
(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.
(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 Chancellor, or a person acting on his behalf, may 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.
(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 or family proceedings 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.
(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 Chancellor in relation to authorisations of lay justices as members of family proceedings courts or youth courts;
(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 section.
(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—
(a) the Criminal Procedure Rule Committee,
(b) the Family Procedure Rule Committee, and
(c) the Magistrates' Courts Rule Committee.
The Lord Chancellor 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.
(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).
(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 remove a District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.
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 Senior District Judge (Chief Magistrate).
(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 (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) 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)—
(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).
(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.
(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) 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).
(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—
(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—
(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 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.
(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
(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
(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”.
(1) Rules may make provision enabling things authorised to be done by, to or 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.
(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,
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 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 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—
(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 must consult—
(a) the Criminal Procedure Rule Committee,
(b) the Family Procedure Rule Committee, and
(c) the Magistrates' Courts Rule Committee.
(1) A justices' clerk exercising—
(a) a function exercisable by one or more justices of the peace,
(b) a function specified in section 28(4) or (5) (advice on matters of law, including procedure and practice), or
(c) a function as a member of the Criminal Procedure Rule Committee or the Family Procedure Rule Committee,
is not subject to the direction of the Lord Chancellor or any other person.
(2) An assistant clerk who is exercising any such function is not subject to the direction of any person other than a justices' clerk.
(1) The Lord Chancellor may 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) “The general business of magistrates' courts” does not include family proceedings (as defined in section 65 of the 1980 Act).
(7) The Lord Chancellor may 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.
(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) No action lies against a justices' clerk or an assistant clerk in respect of what he does or omits to do—
(a) in the execution of his duty as a justices' clerk or assistant clerk exercising, by virtue of an enactment, a function of a single justice of the peace, and
(b) in relation to a matter within his jurisdiction.
(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) An action lies against a justices' clerk or an assistant clerk in respect of what he does or omits to do—
(a) in the purported execution of his duty as a justices' clerk or assistant clerk exercising, by virtue of an enactment, a function of a single 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.
Courts Act 2003