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Part IE+W Introductory

[F11 The Supreme Court.E+W

(1)The Supreme Court shall consist of the Court of Appeal and the High Court, together with the Crown Court established by this Act.

(2)All courts of assize are hereby abolished, and Commissions, whether ordinary or special, to hold any court of assize shall not be issued.]

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Amendments (Textual)

F1Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F22 Location of sittings and business of High Court.E+W

(1)Sittings of the High Court may be held, and any other business of the High Court may be conducted, at any place in England or Wales.

(2)Subject to rules of court—

(a)the places at which the High Court sits outside the Royal Courts of Justice, and

(b)the days and times when the High Court sits outside the Royal Courts of Justice,

shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.]

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Amendments (Textual)

F2Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F33 Abolition of courts of quarter sessions.E+W

Courts of quarter sessions are hereby abolished, and Commissions of the Peace issued on or after the appointed day shall be framed so as to take account of the provisions of this section.]

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Amendments (Textual)

F3Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Part IIE+W+S The Crown Court

[F44 Establishment of the Crown Court.E+W

(1)There shall be a Crown Court in England and Wales which shall be a superior court of record.

(2)The jurisdiction and powers of the Crown Court shall be exercised by—

(a)any judge of the High Court, or

(b)any Circuit judge or Recorder, or

(c)subject to and in accordance with the provisions of the next following section, a judge of the High Court, Circuit judge or Recorder sitting with justices of the peace,

and any such persons when exercising the jurisdiction and powers of the Crown Court shall be judges of the Crown Court.

(3)Any judge of the Court of Appeal may, on the request of the Lord Chancellor, sit and act as a judge of the Crown Court, and when so sitting and acting shall be regarded for the purposes of this Part of this Act, or of any other enactment relating to the Crown Court, as a judge of the High Court.

(4)Subject to the provisions of the next following section as respects a court comprising justices of the peace, all proceedings in the Crown Court shall be heard and disposed of before a single judge, and—

(a)any Crown Court business may be conducted at any place in England or Wales,

(b)sittings of the Crown Court at any place may be continuous or intermittent or occasional,

(c)judges may sit simultaneously to take any number of different cases in the same or in different places, and all or any of them may adjourn cases from place to place at any time.

(5)The cases or classes of cases suitable for allocation respectively to a judge of the High Court, and to a Circuit judge or Recorder, and all other matters relating to the distribution of Crown Court business, shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor given by him or on his behalf.

(6)The places at which the Crown Court sits, and the days and times when the Crown Court sits at any place, shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.

(7)When the Crown Court sits in the City of London it shall be known as the Central Criminal Court, and, notwithstanding the provisions of subsection (4) above requiring proceedings to be heard and disposed of before a single judge, the Lord Mayor of the City and any Alderman of the City shall be entitled to sit as judges of the Central Criminal Court with any judge of the High Court or any Circuit judge or Recorder.

(8)Subject to section 8 of the M1Criminal Procedure (Attendance of Witnesses) Act 1965 (which in criminal cases substitutes the procedure in that Act for procedure by way of subpœna), and to any provision contained in or having effect under this Act, the Crown Court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction have the like powers, rights, privileges and authority as the High Court.

(9)The fees to be taken in any proceedings in the Crown Court shall be such, if any, as the Lord Chancellor, with the concurrence of the Treasury may from time to time prescribe by order in a statutory instrument.

(10)The officers of the Crown Court shall be responsible for the keeping of the records of the proceedings of the court, the signing of indictments, the notification to those concerned of the place and time appointed for any proceedings or other business, and such other formal or administrative matters as may be specified by directions given by or on behalf of the Lord Chancellor.

(11)Officers of the Crown Court shall in particular give effect to any orders or directions of the court for taking into custody, and detaining, any person committing contempt of court, and shall execute any order or warrant duly issued by the court for the committal of any person to prison for contempt of court.]

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Amendments (Textual)

F4Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Marginal Citations

[F55 Justices as judges of Crown Court.E+W

(1)On any hearing by the Crown Court—

(a)of any appeal, or

(b)of proceedings on committal to the Court for sentence,

the Crown Court shall consist of a judge of the High Court or a Circuit judge or a Recorder who, subject to the following provisions of this section, shall sit with not less than two nor more than four justices of the peace.

(2)Crown Court rules may, subject to subsection (1) above, prescribe the number of justices of the peace constituting the Court on any hearing within subsection (1)(a) or (b) above, and may prescribe the qualifications to be possessed by any such justices of the peace; and the rules may make different provision for different descriptions of cases, different places of sitting or other different circumstances.

(3)Without prejudice to the provisions of subsection (1) above, any jurisdiction or power of the Crown Court may be exercised by a judge of the High Court, Circuit judge or Recorder sitting with not more than four justices of the peace.

(4)Subject to the provisions of subsections (1) and (2) above, the cases or classes of cases suitable for allocation to a court comprising justices of the peace (including those by way of trial on indictment which are suitable for allocation to such a court) shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.

(5)The Lord Chancellor may from time to time, having regard to the number of justices, or the number of justices with any prescribed qualifications, available for service in the Crown Court, give directions providing that, in such descriptions of proceedings as may be specified by the Lord Chancellor, the provisions of subsections (1) and (2) above shall not apply.

Directions under this subsection may frame descriptions of proceedings by reference to the place of trial, or by reference to the time of trial, or in any other way.

(6)Crown Court rules may authorise or require a judge of the High Court, Circuit judge or Recorder, in such circumstances as are specified by the rules, to enter on, or at any stage to continue with, any proceedings with a court not comprising the justices required by subsections (1) and (2) above or at any stage to continue with any proceedings with a court from which any one or more of the justices initially comprising the court has withdrawn, or is absent for any reason.

(7)No decision of a court shall be questioned on the ground that it was not constituted as required by subsections (1) and (2) above unless objection was taken on that ground by or on behalf of a party to the proceedings not later than the time when the proceedings were entered on, or when the alleged irregularity began.

(8)When a judge of the High Court, Circuit judge or Recorder sits with justices of the peace he shall preside, and—

(a)the decision of the Crown Court may be a majority decision, and

(b)if the members of the court are equally divided, the judge of the High Court, Circuit judge or Recorder shall have a second and casting vote.

(9)A justice of the peace shall not be disqualified from acting as a judge of the Crown Court for the reason that the proceedings are not at a place within the area for which he was appointed as a justice, or because the proceedings are not related to that area in any other way.]

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Amendments (Textual)

F5Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Trial on indictmentE+W

[F66 Exclusive jurisdiction in trial on indictment.E+W

(1)All proceedings on indictment shall be brought before the Crown Court.

(2)The jurisdiction conferred on the Crown Court by subsection (1) above shall include jurisdiction in proceedings on indictment for offences wherever committed, and including in particular proceedings on indictment for offences within the jurisdiction of the Admiralty of England.

(3)Subject to any provision contained in or having effect under this Act, all enactments and rules of law relating to procedure in connection with indictable offences shall have effect subject only to such modifications as are rendered necessary by the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section.

(4)Subject to any provision contained in or having effect under this Act, and without prejudice to the generality of subsection (3) above, the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section shall not affect—

(a)the practice by which, on any one indictment, the taking of pleas, the trial by jury and the pronouncement of judgment may respectively be by or before different judges,

(b)the release, after respite of judgment, of a convicted person on recognizance to come up for judgment if called on, but meanwhile to be of good behaviour,

(c)the manner of trying any question relating to the breach of a recognizance,

(d)the manner of execution of any sentence on conviction, or the manner in which any other judgment or order given in connection with trial on indictment may be enforced.]

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Amendments (Textual)

F6Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F77 Committal for trial on indictment.E+W

(1)A magistrates’ court committing a person for trial shall specify the place at which he is to be tried, and in selecting that place shall have regard to—

(a)the convenience of the defence, the prosecution and the witnesses,

(b)the expediting of the trial, and

(c)any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 4(5) of this Act.

(2)Without prejudice to the preceding provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions, or further directions, altering the place of any trial on indictment, whether by varying the decision of a magistrates’ court under subsection (1) above, or a previous decision of the Crown Court.

(3)The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court, or by the Crown Court, may apply to the Crown Court for a direction, or further direction, varying the place of trial; and the court shall take the matter into consideration and may comply with or refuse the application, or give a direction not in compliance with the application, as the court thinks fit.

Any application under this subsection shall be heard in open court by a judge of the High Court.

(4)The trial of a person committed by a magistrates’ court—

(a)shall not begin until the expiration of the prescribed period beginning with the date of his committal, except with his consent and the consent of the prosecutor, and

(b)shall, unless the Crown Court has otherwise ordered, begin not later than the expiration of the prescribed period beginning with the date of his committal (that is to say a period longer than the period prescribed for the purposes of paragraph (a) above for the proceedings in question).

For the purposes of this subsection—

(i)— “the prescribed period” means such period for the respective purposes of paragraphs (a) and (b) of this subsection as may be prescribed by Crown Court rules, and the rules may make different provision for different places of trial, or for other different circumstances;

(ii)the trial shall be deemed to begin when the defendant is arraigned.

(5)Without prejudice to the provisions of section 4(10) of this Act, directions under subsection (2) of this section may be given on behalf of the Crown Court by an officer of the Crown Court, but the power to make orders conferred on the Crown Court by subsection (4)(b) above shall be exercisable only by a judge of the court.]

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Amendments (Textual)

F7Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Other jurisdictionE+W

[F88 Transfer to Crown Court of quarter sessions jurisdiction.E+W

Schedule 1 to this Act (which transfers to the Crown Court all the appellate jurisdiction of quarter sessions, and, subject to the provisions of this Act, all their other jurisdiction) shall have effect.]

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Amendments (Textual)

F8Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F99 Appeals to Crown Court.E+W

(1)The Crown Court may in the course of hearing any appeal correct any error or mistake in the order of judgment incorporating the decision which is the subject of the appeal.

(2)On the termination of the hearing of an appeal the Crown Court—

(a)may confirm, reverse or vary the decision appealed against, or

(b)may remit the matter with their opinion thereon to the authority whose decision is appealed against, or

(c)may make such other order in the matter as the court thinks just, and by such order exercise any power which the said authority might have exercised.

(3)Subsection (2) above has effect subject to any enactment relating to any such appeal which expressly limits or restricts the powers of the court on the appeal.

(4)If the appeal is against a conviction or a sentence, the preceding provisions of this section shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrates’ court whose decision is appealed against, if that is a punishment which that magistrates’ court might have awarded.

(5)This section applies whether or not the appeal is against the whole of the decision.

(6)Subject to any provision contained in or having effect under this Act, the transfer of appellate jurisdiction to the Crown Court from quarter sessions shall not affect the customary practice or procedure on any such appeal, and in particular shall not affect the extent to which the appeal is by way of re-hearing of the case.]

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Amendments (Textual)

F9Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F1010 High Court jurisdiction in Crown Court proceedings.E+W

(1)Subsections (2) and (3) below have effect as respects any order, judgment or other decision of the Crown Court—

(a)other than a judgment or other decision relating to trial on indictment, and

(b)other than any decision under the M2Betting, Gaming and Lotteries Act 1963, the M3Licensing Act 1964 and the M4Gaming Act 1968 which, by any provision of any of those Acts, is to be final.

(2)Any decision as respects which this subsection has effect may be questioned by any party to the proceedings on the ground that it is wrong in law or is in excess of jurisdiction.

(3)The decision shall be questioned by applying to the Crown Court to have a case stated by the Crown Court for the opinion of the High Court.

(4)Section 99(1)(b) of the M5Judicature Act 1925 (rules about appeals to the High Court) shall apply as if any case stated under this section were an appeal.

(5)In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make orders of mandamus, prohibition or certiorari as the High Court possesses in relation to the jurisdiction of an inferior court.

(6)So much of any enactment, other than the enactments mentioned in subsection (1)(b) above, as provides, in relation to any quarter sessions jurisdiction transferred by this Act to the Crown Court, that the decision of quarter sessions shall be final, or final and conclusive, or that it shall not be questioned by certiorari or in any other manner, shall cease to have effect.]

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Amendments (Textual)

F10Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Marginal Citations

Trial on indictment and other jurisdictionE+W

[F1111 Sentences imposed and other decisions made by Crown Court.E+W

(1)A sentence imposed, or other order made, by the Crown Court when dealing with an offender shall take effect from the beginning of the day on which it is imposed, unless the court otherwise directs.

(2)Subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court when dealing with an offender may be varied or rescinded by the Crown Court within the period of 28 days beginning with the day on which the sentence or other order was imposed or made, or where subsection (3) below applies, within the time allowed by that subsection.

(3)Where two or more persons are jointly tried on an indictment, then, subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court on conviction of any of those persons on the indictment may be varied or rescinded by the Crown Court not later than the expiration of whichever is the shorter of the following periods, that is—

(a)the period of 28 days beginning with the date of conclusion of the joint trial,

(b)the period of 56 days beginning with the day on which the sentence or other order was imposed or made.

For the purposes of this subsection the joint trial is concluded on the latest of the following dates, that is any date on which any of the persons jointly tried is sentenced, or is acquitted, or on which a special verdict is brought in.

(4)A sentence or other order shall not be varied or rescinded under this section except by the court constituted as it was when the sentence or other order was imposed or made, or, where that court comprised one or more justices of the peace, a court so constituted except for the omission of any one or more of those justices.

(5)Where a sentence or other order is varied under this section, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs:

Provided that for the purposes of section 18(2) of the M6Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal) the sentence or other order shall be regarded as imposed or made on the day on which it is so varied.

(6)Crown Court rules—

(a)may, as respects cases where two or more persons are tried separately on the same or related facts alleged in one or more indictments, provide for extending the period prescribed by subsection (2) above,

(b)may, subject to the preceding provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by the Crown Court.]

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Amendments (Textual)

F11Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Marginal Citations

[F1212 Right of audience.E+W

(1)The Lord Chancellor may at any time direct that solicitors may appear in, conduct, defend and address the court in any proceedings in the Crown Court, or in proceedings in the Crown Court of such description as is specified in the direction.

(2)A direction under this section may have effect as respects all places where the Crown Court sits, or as respects a specified area, region or circuit, or as respects one or more specified places where the Crown Court sits.

(3)In considering whether to exercise his powers under this section as respects any one or more places where the Crown Court sits the Lord Chancellor shall have regard to any shortage of counsel in the area in question, any rights of audience formerly exercised by solicitors at any court of quarter sessions in the locality in question, and to any other circumstances affecting the public interest.

(4)Any direction given under this section may be subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F12Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F1313 Process to compel appearance before Crown Court.E+W+S

(1)[F14Any direction to appear and] any condition of a recognizance to appear before the Crown Court, and any summons or order to appear before the Crown Court, may be framed so as to require appearance at such time and place as may be directed by the Crown Court, and if a time or place is specified in the [F14direction] condition, summons or order, it may be varied by any subsequent direction of the Crown Court.

(2)Where an indictment has been signed although the person charged has not been committed for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court, or may issue a warrant for his arrest.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(4)[F16The Crown Court may grant bail to any person]

(a)who has been committed in custody for appearance before the Crown Court, or

(b)who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the Crown Court against his conviction or sentence, or

(c)who is in the custody of the Crown Court pending the disposal of his case by the Crown Court, or

(d)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(e)who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application,

and the time during which a person is [F16released on] bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.

(5)Provision may be made by Crown Court rules as respects the powers of the Crown Court relating to bail, including any provision—

[F17(a)except in the case of bail in criminal proceedings, allowing the court, instead of requiring a person to enter into a recognizance to consent to his giving other security,]

(b)allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules,

(c)prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced,

(d)authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers,

(e)making provision corresponding to sections 94 and 95 of the M7Magistrates’ Courts Act 1952 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances).

Any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of paragraph (a) above or otherwise.

(6)The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—

(a)the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station, and

(b)the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement.

[F18Provided that in the case of bail in criminal proceedings, the person arrested shall not be required to enter into a recognizance.]

(7)A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or a magistrates’ court, and if he is brought before a magistrates’ court—

(a)the 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.

(8)Section 4 of the M8Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to process issued under this section as it applies to process issued under the M9Magistrates’ Courts Act 1952 by a magistrates’ court.

(9)A magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of this section whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed.

[F19(10) In this section “bail in criminal proceedings” has the same meaning as in the M10Bail Act 1976.]]

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Amendments (Textual)

F13Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Marginal Citations

[F2014 Practice and procedure: power to make rules.E+W

(1)Crown Court rules may be made for the purpose of regulating and prescribing the procedure and the practice to be followed in the Crown Court.

(2)Without prejudice to the generality of subsection (1) above, Crown Court rules may provide for the procedure and practice as respects appeals to the Crown Court, and in particular may make provision as respects—

(a)the time within which notice of appeal is to be given, and the circumstances in which further time may be allowed,

(b)any particulars to be included in the notice of appeal,

(c)the persons on whom notice of appeal is to be served, and the particulars, if any, to accompany the notice,

(d)the abandonment of an appeal,

(e)the circumstances in which a person concerned with the decision appealed against is to be disqualified from hearing the appeal, and the circumstances in which proceedings on the hearing of an appeal are to be valid notwithstanding that any person hearing the appeal is disqualified,

(f)the amendment or repeal of any enactment about appeals to the Crown Court so far as it relates to any matter within this subsection.

(3)No rule which may involve an increase of expenditure out of public funds shall be made under this section except with the concurrence of the Treasury, but the validity of Crown Court rules shall not in any proceedings in any court be called in question either by the court or by any party to the proceedings on the ground only that it was a rule to which the concurrence of the Treasury was necessary and that the Treasury did not concur or are not expressed to have concurred in the making thereof.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F2115 Crown Court rules.E+W

(1)In this or any other Act “Crown Court rules” means rules made under this section.

(2)Crown Court rules shall be made by the Lord Chancellor together with any four or more of the following persons, namely—

(a)the Lord Chief Justice,

(b)two other judges of the Supreme Court,

(c)two Circuit judges,

(d)the registrar of criminal appeals,

(e)a justice of the peace,

(f)two practising barristers, and

(g)two practising solicitors.

The said persons acting under this subsection shall be called “the Crown Court rule committee”.

(3)The said persons to act under subsection (2) above with the Lord Chancellor (other than the Lord Chief Justice and the registrar of criminal appeals) shall be appointed by the Lord Chancellor for such time as he may think fit.

(4)Before appointing a person under paragraph (f) or paragraph (g) of subsection (2) above the Lord Chancellor shall consult, if under paragraph (f), the Chairman of the General Council of the Bar, and if under paragraph (g), the President of the Law Society.

(5)Crown Court rules shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F21Pts. I and II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Part IIIE+W Judges

16 Appointment of Circuit Judges.E+W

(1)Her Majesty may from time to time appoint as Circuit judges, to serve in the Crown Court and county courts and to carry out such other judicial functions as may be conferred on them under this or any other enactment, such qualified persons as may be recommended to Her by the Lord Chancellor.

(2)The maximum number of Circuit judges shall be such as may be determined from time to time by the Lord Chancellor with the concurrence of the Minister for the Civil Service.

(3)No person shall be qualified to be appointed a Circuit judge [F22unless—

[F23(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;]

F23(b)he is a Recorder; or

(c)he has held as a full-time appointment for at least 3 years one of the offices listed in Part IA of Schedule 2.]

(4)Before recommending any person to Her Majesty for appointment as a Circuit judge, the Lord Chancellor shall take steps to satisfy himself that that person’s health is satisfactory.

(5)The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the appointment as Circuit judges of the holders of certain judicial offices, and the supplementary provisions in Part II of that Schedule shall have effect.

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Amendments (Textual)

Modifications etc. (not altering text)

17 Retirement, removal and disqualifications of Circuit judge.E+W

[F24(1)Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a Circuit judge shall vacate his office on the day on which he attains the age of 70.]

F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Lord Chancellor may, if he thinks fit [F26and if the Lord Chief Justice agrees]F26, remove a Circuit judge from office on the ground of incapacity or misbehaviour.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

18 Salaries and allowances of Circuit judges.E+W

(1)Subject to Part II of Schedule 2 to this Act, there shall be paid to each Circuit judge such salary as may be determined by the Lord Chancellor with the consent of the Minister for the Civil Service.

(2)Every salary payable under this section—

(a)shall be charged on and paid out of the Consolidated Fund;

(b)shall begin from the date of appointment and accrue due from day to day;

(c)shall be payable at such intervals, not exceeding three months, as the Treasury may determine; and

(d)may be increased, but not reduced, by a further determination under this section.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(a)became a Circuit judge by virtue of having held any of the offices specified in paragraph 1 of Schedule 2 to this Act, and

(b)M11held that office before 10th May 1967 (that is to say before the passing of the Superannuation (Miscellaneous Provisions) Act 1967).

(5)There shall be paid to Circuit judges out of money provided by Parliament such allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

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Amendments (Textual)

Modifications etc. (not altering text)

C2S. 18 modified (9.11.1998) by 1998 c. 42, s. 18(4)(d) (with ss. 7(8), 22(5))

S. 18 modified (27.9.1999) by 1999 c. 22, ss. 68(3)(a), 108(3)(b) (with Sch. 14 para. 7(2))

Marginal Citations

19

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(7)The decision of the Minister for the Civil Service shall be final on any question arising with regard to—

(a)the application of any of the provisions of this section to any person, or

(b)(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

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Amendments (Textual)

20 Judges of county courts.E+W

[F35(1)Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the Lord Chancellor shall assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.

(2)Subject to any directions given by or on behalf of the Lord Chancellor, in any case where more than one Circuit judge is assigned to a district under subsection (1) above, any function conferred by or under the M12County Courts Act 1959 on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.

(3)The following, that is—

  • every judge of the Court of Appeal,

  • every judge of the High Court,

  • every Recorder,

shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and if he consents to do so, shall sit as such a judge at such times and on such occasions as the Lord Chancellor considers desirable.

(4)Notwithstanding that he is not for the time being assigned to a particular district, a Circuit judge—

(a)shall sit as a judge of that district at such times and on such occasions as the Lord Chancellor may direct; and

(b)may sit as a judge of that district in any case where it appears to him that the judge of that district is not, or none of the judges of that district is, available to deal with the case.]

(5)F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Nothing in this Act shall affect the operation, in relation to the superannuation and other benefits payable to or in respect of persons who ceased to be judges of county courts before the day appointed for the coming into force of section 16(5) of this Act, of any enactment repealed or amended by this Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F36S. 20(5)(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Marginal Citations

21 Appointment of Recorders.E+W

(1)Her Majesty may from time to time appoint qualified persons, to be known as Recorders, to act as part-time judges of the Crown Court and to carry out such other judicial functions as may be conferred on them under this or any other enactment.

(2)Every appointment of a person to be a Recorder shall be of a person recommended to Her Majesty by the Lord Chancellor, and no person shall be qualified to be appointed a Recorder unless [F37he satisfies the judicial-appointment eligibility condition on a 7-year basis.F37]

[F38(3)The appointment of a person as a Recorder shall specify the following—

(a)the term for which he is appointed;

(b)the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;

(c)the circumstances in which the Lord Chancellor may—

(i)decline to extend the term of the appointment, or

(ii)terminate the appointment,

(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).

(4)Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.

(4A)Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.

(4B)The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension.

(4C)The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds—

(a)the incapacity or misbehaviour of the Recorder;

(b)a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c)one or more of the circumstances specified under subsection (3)(c) in his appointment applies.]

F38(5)Neither the initial term for which a Recorder is appointed nor any extension of that term under subsection (4) above shall be such as to continue his appointment as a Recorder after [F39the day on which he attains the age of seventy, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).].

[F40(6)The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—

(a)the incapacity or misbehaviour of the Recorder;

(b)a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c)one or more of the circumstances specified under subsection (3)(c) in his appointment applies.]

F40(7)There shall be paid to Recorders out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F39Words in s. 21(5) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 9(1); S.I. 1995/631, art. 2

22 Oaths to be taken by Circuit judges and Recorders.E+W

(1)Subject to the following provisions of this section, every Circuit judge and every Recorder shall take the oath of allegiance and the judicial oath; and the M13Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included Circuit judges and Recorders.

(2)Notwithstanding anything in the M14Promissory Oaths Act 1871, a Circuit judge shall take the oaths referred to in subsection (1) above before the [F41Lord Chief Justice]F41, and a Recorder shall take those oaths before a judge of the Court of Appeal or of the High Court or a Circuit judge.

(3)Nothing in this section shall require an oath to be taken by a person who becomes a Circuit judge in accordance with any provision of Part I of Schedule 2 to this Act.

[F42(3A)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).F42]

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Amendments (Textual)

Marginal Citations

[F4323 Circuit judge or Recorder sitting as High Court Judge.E+W

(1)If requested to do so by or on behalf of the Lord Chancellor, a Circuit judge or Recorder shall sit as a judge of the High Court for the hearing of such case or cases or at such place and for such time as may be specified by or on behalf of the Lord Chancellor.

(2)So long as a Circuit judge or Recorder sits as a judge of the High Court in pursuance of a request under this section he shall be treated, subject to subsection (3) below, for all purposes as, and accordingly may perform any of the functions of, a puisne judge of the High Court.

(3)A Circuit judge or Recorder sitting as a judge of the High Court in pursuance of a request under this section shall not be treated as a judge of the High Court for the purpose of any provision made by or under any enactment and relating to—

(a)the appointment, retirement, removal or disqualification of judges of the High Court,

(b)the tenure of office and oaths to be taken by such judges, or

(c)the remuneration, allowances or pensions of such judges.

(4)Where a Circuit judge or Recorder is requested to sit as a judge of the High Court for a period of time then, notwithstanding the expiry of that time, he may attend at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a judge of that court, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a judge of the High Court.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F4424 Deputy Circuit judges F45 .... E+W

(1) If it appears to [F46 him ] F46 that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or [F47county court or any other court or tribunal to which a person appointed under this subsection may be deployed] or official referees’ business in the High Court, F48 ...—

[F49(a)the [F50Lord Chief Justice may, with the concurrence of the Lord Chancellor, ] appoint to be a deputy Circuit judge, during such period or on such occasions as the Lord Chancellor thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge;]

F51( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52 [( 1A )No appointment of a person under subsection (1) above shall be such as to[F53, or be extended under subsection (5B) below so as to, ] extend—

(a)F54 ... beyond the day on which he attains the age of seventy-five F55 ... ]

(2) Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge F56 ... is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge F57 ....

(3) A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths, to be taken by such judges, or the remuneration, allowances or pensions of such judges F58 ....

F59( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) There shall be paid out of money provided by Parliament to deputy Circuit judges F60 ... appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine. ]

[F61(5A)A person may be removed from office as a deputy Circuit judge—

(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.

(5B)Subject to subsections (1A) and (5C), the Lord Chancellor must extend the period of a person's appointment as a deputy Circuit judge (including a period already extended under this subsection) before its expiry; and for this purpose a person appointed to be a deputy Circuit judge on certain occasions is to be treated as having been appointed for a period that expires when the occasions end.

(5C)Extension under subsection (5B)—

(a)requires the person's agreement,

(b)is to be for such period as the Lord Chancellor thinks fit, 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.

(5D)Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy Circuit judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.]

[F62(6) The Lord Chief Justice may nominate a [F63senior judge (as defined in section 109(5)] of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a) [F64or (5A)(a)]. ] F62

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F44 S. 24 with subsections (1)–(5) substituted (E.W.) for s. 24 with subsections (1)–(6) by Supreme Court Act 1981 (c. 54, SIF 37) , s. 146

F45 Words in s. 24 heading omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(e) ; S.I. 2013/1725 , art. 2(g)

F47Words in s. 24(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F49 S. 24(1)(a) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15) , ss. 55 , 148

F50Words in s. 24(1)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F51 S. 24(1)(b) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(1) ; S.I. 2013/1725 , art. 2(g)

F52 S. 24(1A) inserted (31.3.1995) by 1993 c. 8 , s. 26 , Sch. 6 para. 9(2) ; S.I. 1995/631 , art. 2

F53Words in s. 24(1A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F54 Words in s. 24(1A) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(a)(i) ; S.I. 2013/1725 , art. 2(g)

F55 Words in s. 24(1A) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(a)(ii) ; S.I. 2013/1725 , art. 2(g)

F56 Words in s. 24(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(b)(i) ; S.I. 2013/1725 , art. 2(g)

F57 Words in s. 24(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(b)(ii) ; S.I. 2013/1725 , art. 2(g)

F58 Words in s. 24(3) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(c) ; S.I. 2013/1725 , art. 2(g)

F59 S. 24(4) repealed (31.3.1995) by 1993 c. 8 , s. 26 , Sch.9 ; S.I. 1995/631 , art. 2

F60 Words in s. 24(5) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(d) ; S.I. 2013/1725 , art. 2(g)

F63Words in s. 24(6) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(6)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F64Words in s. 24(6) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(6)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

[F6525 Official referees’ business.E+W

(1)After the appointed day no person shall be appointed to the office of official referee and on and after that day functions conferred on official referees by provisions of rules of the Supreme Court, or by any other provision, shall be discharged in accordance with the provisions of this section.

(2)Such of the Circuit judges as the Lord Chancellor may from time to time determine shall discharge the said functions conferred on official referees.

(3)The cases in which jurisdiction or powers of the High Court or a judge of the High Court may be exercised by official referees, whether by virtue of rules of court made under section 15 of the M15Administration of Justice Act 1956 or otherwise, shall be known as “official referees’ business”, and except where the context otherwise requires, any reference in any enactment, in rules of court or in any other document to an official referee shall, in accordance with this section, be construed as, or where the context requires as including, a reference to a Circuit judge discharging the functions of an official referee.

(4)Subject to rules of court, the distribution of official referees’ business, performed in accordance with this section, shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.]

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Amendments (Textual)

Marginal Citations

Part IVE+W Officers and Accommodation

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Modifications etc. (not altering text)

C3Pt. 4 functions tranferred (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887, arts. 1(2), 4, Sch. 1

[F6626 Masters and registrars to be appointed by Lord Chancellor.E+W

(1)On and after the appointed day the following officers shall be appointed by the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and salaries,—

(a)the masters, assistant masters and registrars specified in Part I of Schedule 3 to the M16Judicature Act 1925, other than the Master of the Court of Protection (for whose appointment by the Lord Chancellor provision is made by section 100 of the M17Mental Health Act 1959);

(b)the Queen’s coroner and attorney and master of the Crown Office;

(c)the registrar, assistant registrars and deputy assistant registrars of criminal appeals;

(d)the admiralty registrar;

(e)chancery registrars and assistant chancery registrars; and

(f)district probate registrars.

(2)The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office shall, by virtue of his appointment, be a master of the Supreme Court (Queen’s Bench Division).

(3)In section 122 of the Judicature Act 1925 (which relates to certain additional duties of the senior master of the Queen’s Bench Division) for the words “The senior master” there shall be subtituted the words “The Lord Chancellor shall appoint one of the masters” and after the word “Division)”there shall be inserted the words “to be the senior master and the person so appointed”.

(4)In section 128A of the Judicature Act 1925 (which relates to the office of district probate registrar) for any reference in subsection (2) or subsection (3) to the President of the family dvision thre shall be substituted a reference to the Lord Chancellor.]

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Amendments (Textual)

Modifications etc. (not altering text)

C4The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

27 Administrative and other court staff.E+W

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F67S. 27 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 139(a), Sch. 10; S.I. 2005/910, art. 3(y)(aa) and s. 27(9) amended (with effect only until the aforementioned repeal comes fully into force in accordance with Sch. 4 para. 361 of the amending Act) by 2005 c. 4, ss. 15(1), 148(1), Sch. 4 para. 366; S.I. 2006/1014, arts. 2(a), Sch. 1 para. 11(cc)

28 Provision of accommodation.E+W

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

29 Accommodation in City of London.E+W

(1)The courthouse and accommodation which up to the appointed day have been respectively known as the Central Criminal Court and the Mayor’s and City of London Court shall continue to be known by those names, and it shall be the duty of the Common Council of the City of London (in this section referred to as “the Common Council”) to continue to make the said premises available for use for the sittings and business of those courts respectively.

(2)The Common Council shall not undertake any alteration or extension of the buildings or accommodation which they are to make available for the purpose of the said courts, or provide further accommodation for that purpose, without the consent of the [F69Secretary of State]F69.

(3)The duties imposed by this section on the Common Council may at any time be varied, restricted or terminated by agreement between the [F69Secretary of State]F69 and the Common Council.

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Amendments (Textual)

30 Advisory committees.E+W

The [F70Secretary of State]F70 may constitute, on a permanent or temporary basis, one or more advisory committees to advise him on such questions relating to the [F71Senior Courts]F71 and [F72the county court] as he may from time to time refer to them, and shall appoint the members of any such committee with regard to their knowledge of the work of the courts and social conditions.

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Amendments (Textual)

F72Words in s. 30 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 74; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part VE+W

31—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73E+W

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Amendments (Textual)

Part VIE+W+S+N.I. Miscellaneous and Supplemental

Merger or abolition of certain courts and officesE+W+S+N.I.

41 Merger of Palatine Courts with High Court.E+W

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F74S. 41 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

42 Local court for City of London.E+W

(1)F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F75S. 42(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F76S. 42(2)(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 24; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F77S. 42(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

43 Abolition of certain other local courts.E+W

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F78S. 43 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

44 Abolition of certain offices.E+W

(1)The following offices are hereby abolished:—

(a)chairman and deputy chairman of county quarter sessions; recorder, and deputy, assistant or temporary recorder, of a borough (but not the Recorder of London); clerk and deputy clerk of the peace;

(b)any judicial or other office in a court abolished or merged with the High Court by the preceding provisions of this Part of this Act, other than the office of Vice-Chancellor of the County Palatine of Lancaster;

(c)clerk of assize, circuit bailiff and any other office the duties of which relate exclusively to courts of assize.

(2)The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, by regulations provide for the payment out of money provided by Parliament of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments which is attributable—

(a)to the preceding provisions of this section, or

(b)to the abolition or merger of any court (including courts of assize, courts of quarter sessions and Palatine courts) by this Act, or

(c)to the transfer by this Act of any function to the Lord Chancellor or to any other Minister.

(3)Regulations under this section may—

(a)include provision as to the manner in which and the person to whom any claim for compensation under the regulations is to be made, and for the determination of all questions arising under the regulations,

(b)make special provision for persons who, but for any national service, would be holders of any office or engaged in any employment,

(c)make different provision for different classes of persons and for other different circumstances, and make, or authorise the Lord Chancellor to make, exceptions and conditions,

(d)be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(4)Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79E+W

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Amendments (Textual)

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80E+W+S+N.I.

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Amendments (Textual)

CostsE+W

47—49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81E+W

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Amendments (Textual)

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82E+W

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Amendments (Textual)

51 Construction and consequential amendmentsE+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

(2)Schedule 6 to this Act, which amends enactments about costs, shall have effect.

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Amendments (Textual)

Modifications etc. (not altering text)

C5The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

52 Award of costs where information or complaint is not proceeded with.E+W

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

(3)Where—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(b)a complaint is made to a justice of the peace [F86acting in any local justice area]F86 but the complaint is not proceeded with,

a magistrates’ court [F87acting in that area]F87 may make such order as to costs to be paid . . . F88, by the complainant to the defendant as it thinks just and reasonable.

F89(3A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An order under subsection (3) above shall specify the amount of the costs ordered to be paid.

(5) . . . F88 for the purpose of enforcement an order under subsection (3) above made in relation to a complaint which is not proceeded with shall be treated as if it were an order made under [F90section 64 of the Magistrates’ Courts Act 1980] (power to award, and enforcement of, costs in civil proceedings).

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Amendments (Textual)

F84S. 52(1)(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F85S. 52(3)(a) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F86Words in s. 52(3)(b) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(a); S.I. 2009/910, art. 3(y)

F87Words in s. 52(3) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(b); S.I. 2005/910, art. 3(y)

F88Words repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F89S. 52(3A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 19; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Administrative functions of justicesE+W

53 Administrative functions of justices.E+W

F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F91S. 53 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Boroughs: honorary officesE+W

54 Boroughs: honorary offices.E+W

(1)The council of a borough shall have power to appoint a person to be honorary recorder of the borough.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

(3)A person shall not be qualified to hold office as an honorary recorder of a borough . . . F93 unless he is a Circuit judge or Recorder (that is to say a Recorder appointed under this Act):

Provided that this subsection shall not apply to a borough which immediately before the appointed day—

(a)had power by charter to appoint a recorder of the borough, and

(b)did not have a separate court of quarter sessions.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

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Amendments (Textual)

SupplementalE+W+S+N.I.

55 Financial provisions.E+W

(1)There shall be paid out of money provided by Parliament, or out of the Consolidated Fund, any increase attributable to the provisions of this Act in the sums respectively so payable under any other enactment.

(2)There shall be paid out of money provided by Parliament any sums payable by any Minister under or by virtue of this Act.

(3)Any sum payable under this Act to the Lord Chancellor or any other Minister shall be paid into the Consolidated Fund.

(4)F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F94S. 55(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

56 Minor and consequential amendments, transitional provisions and repeals.E+W

(1)Schedule 8 to this Act (which contains consequential and other amendments) shall have effect.

(2)In the enactments listed in Schedule 9 to this Act (which confer jurisdiction transferred to the Crown Court) for any reference to quarter sessions there shall be substituted a reference to the Crown Court.

This subsection applies to references to quarter sessions however expressed and in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14) of the M18Interpretation Act 1889, were included in the expression “court of quarter sessions”.

(3)Schedule 10 to this Act, which contains transitional provisions, shall have effect.

(4)The enactments specified in Schedule 11 to this Act (which includes certain obsolete or unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any proviso at the end of that Schedule.

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Modifications etc. (not altering text)

C6The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

57 Interpretation of this Act and rules of construction of other Acts.E+W+S+N.I.

(1)In this Act, unless the context otherwise requires—

  • the “appointed day” means the commencement of this Act which, as provided by this Act, may be a different date for different purposes,

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

  • sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including—

    (a)

    a hospital order under [F96Part III of the Mental Health Act 1983], with or without an order restricting discharge, and

    (b)

    a recommendation for deportation made when dealing with an offender.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

(3)Except where the context otherwise requires, in this or any other Act—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98

(b)any reference to the courts abolished by this Act shall include a reference to the Lancaster Palatine Court and the Durham Palatine Court (which are abolished on merger with the High Court).

(4)Except where the context otherwise requires, in any Act passed after this Act the expression “recorder” shall not include the Recorder of London or an honorary recorder of a borough.

(5)Any power of making orders contained in any provision of this Act shall include power to vary or revoke an order made under that provision.

(6)It is hereby declared that any power conferred by this Act on the Lord Chancellor or any other authority to give directions includes a power to vary or rescind any direction so given.

(7)Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

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Amendments (Textual)

F95Definition of “the Judicature Act 1925” repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99E+W

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Amendments (Textual)

59 Short title, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the Courts Act 1971.

(2)F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The following provisions of this Act, and no others, shall extend to Scotland—

(a)F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102

(c)any provision of this Act affecting the operation of the law of Scotland in relation to courts in England and Wales,

(d)the provisions of this Act about interpretation and commencement,

(e)F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The following provisions of this Act, and no others, shall extend to Northern Ireland—

(a)F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

(c)any provision of this Act affecting the operation of the law of Northern Ireland in relation to courts in England and Wales,

(d)the provisions of this Act about interpretation and commencement,

(e)Schedule 8 to this Act so far as it amends F106... section 30 of the M19Petty Sessions (Ireland) Act 1851.

(7)Schedule 8 to this Act shall extend to the Isle of Man and the Channel Islands so far as it amends section 13 of the M20Indictable Offences Act 1848.

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Amendments (Textual)

F100S. 59(2)-(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F101S. 59(5)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F103S. 59(5)(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F104S. 59(6)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F106Words in s. 59(6)(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

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