Part VII Miscellaneous and Supplementary
Constitution and place of sitting of magistrates’ courts
121 Constitution and place of sitting of court.
C1C71C74C80C84C91C961
A magistrates’ court shall not try an information summarily or hear a complaint except when composed of at least 2 justices unless the trial or hearing is one that by virtue of any enactment may take place before a single justice.
2
A magistrates’ court shall not hold an inquiry into the means of an offender for the purposes of section 82 above F1or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment except when composed of at least 2 justices.
3
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C69F34
Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is—
a
trying summarily an information for an indictable offence,
b
trying an information for a summary offence,
c
imposing imprisonment,
d
hearing a complaint, or
e
holding an inquiry into the means of an offender for the purposes of section 82.
5
A magistrates’ court composed of a single justice F4. . . , shall not impose imprisonment for a period exceeding 14 days or order a person to pay more than £1.
F1775A
A magistrates' court that is trying a summary offence in accordance with section 16A is restricted to the following in dealing with the accused for the offence—
a
imposing a fine;
b
imposing a penalty under section 102(3)(aa) of the Customs and Excise Management Act 1979 or section 29, 35A or 37 of the Vehicle Excise and Registration Act 1994 (penalties imposed for certain offences in relation to vehicle excise licences);
c
ordering an amount to be paid under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);
d
making an order under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders);
e
ordering payment of a surcharge under section 161A of the Criminal Justice Act 2003 (victim surcharge);
f
making an order as to costs to be paid by the accused to the prosecutor under section 18 of the Prosecution of Offences Act 1985;
g
making an order as to costs to be paid by the accused by virtue of section 19 of the Prosecution of Offences Act 1985;
h
ordering payment of a charge under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);
i
making an order under section 30A of the Road Traffic Offenders Act 1988 (order to disregard penalty points if approved course attended);
j
making an order under section 34 or 35 of the Road Traffic Offenders Act 1988 (disqualification from driving);
k
making an order under section 44 of the Road Traffic Offenders Act 1988 (endorsement of a driving record);
l
making an application to the Secretary of State by virtue of section 24(1)(a) of the Criminal Justice Act 1991 (benefit deductions);
m
making an attachment of earnings order under Part 3 of Schedule 5 to the Courts Act 2003;
n
making an application for benefits deductions to the Secretary of State under Part 3 of Schedule 5 to the Courts Act 2003;
o
making a collection order under Part 4 of Schedule 5 to the Courts Act 2003;
p
discharging the accused absolutely or conditionally.
5B
The limit in subsection (5) does not apply to fines imposed as described in subsection (5A).
6
Subject to the provisions of subsection (7) below, the justices composing the court before which any proceedings take place shall be present during the whole of the proceedings; but, if during the course of the proceedings any justice absents himself, he shall cease to act further therein and, if the remaining justices are enough to satisfy the requirements of the preceding provisions of this section, the proceedings may continue before a court composed of those justices.
7
Where the trial of an information is adjourned after the accused has been convicted and before he is sentenced or otherwise dealt with, the court which sentences or deals with him need not be composed of the same justices as that which convicted him; but, where among the justices composing the court which sentences or deals with an offender there are any who were not sitting when he was convicted, the court which sentences or deals with the offender shall before doing so make such inquiry into the facts and circumstances of the case as will enable the justices who were not sitting when the offender was convicted to be fully acquainted with those facts and circumstances.
F1698
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appearance by counsel or solicitor
122 Appearance by counsel or solicitor.
1
A party to any proceedings before a magistrates’ court may be represented by F5a legal representative.
2
Subject to subsection(3) below, an absent party so represented shall be deemed not to be absent.
3
Appearance of a party by F5a legal representative shall not satisfy any provision of any enactment or any condition of a recognizance expressly requiring his presence.
Process
C2C72C75C81C85C92C97123 Defect in process.
1
No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.
2
If it appears to a magistrates’ court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.
F1783
In the application of this section to proceedings conducted in accordance with section 16A—
a
a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and
b
subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “
is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A
”
.
124 Process valid notwithstanding death, etc., of justice.
A warrant or summons issued by a justice of the peace shall not cease to have effect by reason of his death or his ceasing to be a justice.
C3125 Warrants.
1
2
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F156...
F103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F114
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125ZAF154Warrants of control
1
This section applies to a warrant of control issued by a justice of the peace.
2
The person to whom it is directed must endorse the warrant as soon as possible after receiving it.
3
For the purposes of this section a person endorses a warrant by inserting on the back the date and time when he received it.
4
No fee may be charged for endorsing a warrant under this section.
F12125A Civilian enforcement officers.
1
A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.
2
In this section “civilian enforcement officer”, in relation to a warrant, means a person who—
a
is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and
b
is authorised in the prescribed manner to execute warrants.
3
The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or F158control issued by a justice of the peace—
C4a
under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor F13. . . ; or
b
for the enforcement of a court order of any description so specified.
F143A
Subsection (1) also applies to any warrant of F157control issued under Schedule 5 to the Courts Act 2003 by a court or fines officer.
4
Where a warrant has been executed by a civilian enforcement officer, a written statement indicating—
a
the name of the officer;
b
the authority by which he is employed; and
c
that he is authorised in the prescribed manner to execute warrants,
shall, on the demand of the person arrested, committed or detained or F159, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
5
The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F15C5125B Execution by approved enforcement agency.
1
A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales—
a
by an individual who is an approved enforcement agency;
b
by a director of a company which is an approved enforcement agency;
c
by a partner in a partnership which is an approved enforcement agency; or
d
by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.
2
In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved F16by the Lord Chancellor .
F172A
The Lord Chancellor must maintain a register containing the names of all persons and bodies approved by him under subsection (2) and must make such arrangements as he considers appropriate for making the register available for inspection.
3
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or F160, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
5
The matters referred to in subsection (4) above are—
a
the name of the person by whom the warrant was executed;
b
if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;
c
if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and
d
the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained F19by the Lord Chancellor under subsection (2A) .
F206
A decision by the Lord Chancellor to revoke the approval of a person or body under subsection (2) does not have effect to revoke the approval until the Lord Chancellor has informed the person or body of the decision.
125BAF34Powers of persons authorised under section 125A or 125B
Schedule 4A to this Act, which confers powers on persons authorised under section 125A or 125B for the purpose of executing warrants for the enforcement of fines and other orders, shall have effect.
C6C7125CF21 Disclosure of information for enforcing warrants.
1
2
In this section—
“basic personal information” means a person’s name, date of birth or national insurance number or the address (or any of the addresses) of a person;
“relevant public authority” means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and
“a section 125A(1) warrant” means a warrant to which section 125A(1) above applies F23. . .
3
Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to—
a
any person entitled to execute the warrant;
b
any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or
4
A person who intentionally or recklessly—
a
discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or
b
uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,
commits an offence.
5
But it is not an offence under subsection (4) above—
a
to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
b
to disclose any information which has previously been lawfully disclosed to the public.
6
A person guilty of an offence under subsection (4) above is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
7
The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
125CAF35Power to make disclosure order
1
A magistrates' court may make a disclosure order if satisfied that it is necessary to do so for the purpose of executing a warrant to which this section applies.
2
This section applies to a warrant of arrest, commitment, detention or F161control issued by a justice of the peace in connection with the enforcement of a fine or other order imposed or made on conviction.
3
A disclosure order is an order requiring the person to whom it is directed to supply the designated officer for the court with any of the following information about the person to whom the warrant relates—
a
his name, date of birth or national insurance number;
b
his address (or any of his addresses).
4
A disclosure order may be made only on the application of a person entitled to execute the warrant.
5
This section applies to the Crown as it applies to other persons.
125CBUse of information supplied under disclosure order
1
Information supplied to a person under a disclosure order, or under this subsection, may be supplied by him to—
a
the applicant for the order or any other person entitled to execute the warrant concerned;
b
any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant;
c
any F182... person appointed under section 2(1) of the Courts Act 2003.
2
A person who intentionally or recklessly—
a
discloses information supplied under a disclosure order otherwise than as permitted by subsection (1) above, or
b
uses information so supplied otherwise than for the purpose of facilitating the execution of the warrant concerned,
commits an offence.
3
But it is not an offence under subsection (2) above—
a
to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
b
to disclose any information which has previously been lawfully disclosed to the public.
4
A person guilty of an offence under subsection (2) above is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
5
In this section “disclosure order” has the meaning given by section 125CA(3) above.
F25C8125D Execution by person not in possession of warrant.
1
A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.
2
A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.
3
Subsection (2) above applies to—
a
a warrant to arrest a person in connection with an offence;
F162c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
a warrant under section 47(8) of the M1Family Law Act 1996 (failure to comply with occupation order or non-molestation order);
e
a warrant under paragraph 4 of Schedule 3 to the M2Crime and Disorder Act 1998 (unwilling witnesses);
f
a warrant under paragraph 3(2) of Schedule 1 to the M3Youth Justice and Criminal Evidence Act 1999 (offenders referred to court by youth offender panel); and
g
a warrant under section 55, 76, 93, 97 or 97A above.
4
Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or F163, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
C10126 Execution of certain warrants outside England and Wales.
F27Section 13(1) and (2) of the M4Indictable Offences Act 1848 (which relate, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of warrants of arrest for the offences referred to in those sections) shall, so far as applicable, apply to—
a
warrants of arrest issued under section 1 above for offences other than F28indictable offences ;
b
warrants of arrest issued under section 13 above;
c
warrants of arrest issued under section 97 above other than warrants issued in bastardy proceedings to arrest a witness;F29. . .
F30cc
warrants of arrest issued under section 97A above;
d
warrants of commitment issued under this Act F31;and
e
warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998; F32and
f
warrants of arrest issued under paragraph 3(2) of Schedule 1 to F33the Powers of Criminal Courts (Sentencing) Act 2000 (offender referred to court by youth offender panel).
Limitation of time
C11C12C13C14C15C73C76C82C86C87C93C95C98C99C102127 Limitation of time.
C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C68C70C77C78C79C88C89C90C100C101C103C104C1051
Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
2
Nothing in—
a
subsection (1) above; or
b
subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,
shall apply in relation to any indictable offence.
3
Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).
4
Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.
Remand
C38C39C40C41C67C94128C37 Remand in custody or on bail.
1
Where a magistrates’ court has power to remand any person, then, subject to section 4 of the M5Bail Act 1976 and to any other enactment modifying that power, the court may—
a
remand him in custody, that is to say, commit him to custody to be brought before the court F36, subject to subsection (3A) below, at the end of the period of remand or at such earlier time as the court may require; or
b
c
except in a case falling within paragraph (b) above, remand him on bail by taking from him a recognizance (with or without sureties) conditioned as provided in that subsection;
and may, in a case falling within paragraph (c) above, instead of taking recognizances in accordance with that paragraph, fix the amount of the recognizances with a view to their being taken subsequently in accordance with section 119 above.
F371A
Where—
a
b
he is before the court; and
F39c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
he is legally represented in that court,
it shall be the duty of the court—
i
to explain the effect of subsections (3A) and (3B) below to him in ordinary language; and
ii
to inform him in ordinary language that, notwithstanding the procedure for a remand without his being brought before a court, he would be brought before a court for the hearing and determination of at least every fourth application for his remand, and of every application for his remand heard at a time when it appeared to the court that he had no F40legal representativeacting for him in the case.
1B
For the purposes of subsection (1A) above a person is to be treated as legally represented in a court if, but only if, he has the assistance of F41a legal representative to represent him in the proceedings in that court.
1C
After explaining to an accused as provided by subsection (1A) above the court shall ask him whether he consents to hearing and determination of such applications in his absence.
2
Where the court fixes the amount of a recognizance under subsection (1) above or section 8(3) of the M7Bail Act 1976 with a view to its being taken subsequently the court shall in the meantime commit the person so remanded to custody in accordance with paragraph (a) of the said subsection (1).
3
Where a person is brought before the court after remand, the court may further remand him.
F423A
Subject to subsection (3B) below, where a person has been remanded in custody F43and the remand was not a remand under
section 128A below for a period exceeding 8 clear days,, the court may further remand him F43(otherwise
than in the exercise of the power conferred by that section)on an adjournment under section F1425, 10(1) F38,
17CF143, 18(4) or 24C above without his being brought before it if it is satisfied—
a
that he gave his consent, either in response to a question under subsection (1C) above or otherwise, to the hearing and determination in his absence of any application for his remand on an adjournment of the case under any of those provisions; and
b
that he has not by virtue of this subsection been remanded without being brought before the court on more than two such applications immediately preceding the application which the court is hearing; and
F44c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
that he has not withdrawn his consent to their being so heard and determined.
3B
The court may not exercise the power conferred by subsection (3A) above if it appears to the court, on an application for a further remand being made to it, that the person to whom the application relates has no F45legal representative acting for him in the case (whether present in court or not).
3C
Where—
a
b
an application is subsequently made for his further remand on such an adjournment; and
c
he is not brought before the court which hears and determines the application; and
d
that court is not satisfied as mentioned in subsection (3A) above,
the court shall adjourn the case and remand him in custody for the period for which it stands adjourned.
3D
An adjournment under subsection (3C) above shall be for the shortest period that appears to the court to make it possible for the accused to be brought before it.
3E
Where—
a
b
it subsequently appears—
i
to the court which remanded him in custody; or
ii
to an alternate magistrates’ court to which he is remanded under section 130 below,
that he ought not to have been remanded in custody in his absence, the court shall require him to be brought before it at the earliest time that appears to the court to be possible.
4
Where a person is remanded on bail under subsection (1) above the court may, where it remands him on bail in accordance with the Bail Act 1976 direct him to appear or, in any other case, direct that his recognizance be conditioned for his appearance—
a
before that court at the end of the period of remand; or
b
at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned;
and, where it remands him on bail conditionally on his providing a surety during an inquiry into an offence alleged to have been committed by him, may direct that the recognizance of the surety be conditioned to secure that the person so bailed appears—
c
at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned and also before the Crown Court in the event of the person so bailed being committed for trial there.
5
Where a person is directed to appear or a recognizance is conditioned for a person’s appearance in accordance with paragraph (b) or (c) of subsection (4) above, the fixing at any time of the time for him next to appear shall be deemed to be a remand; but nothing in this subsection or subsection (4) above shall deprive the court of power at any subsequent hearing to remand him afresh.
6
Subject to the provisions of F46sections 128A and 129 below, a magistrates’ court shall not remand a person for a period exceeding 8 clear days, except that—
a
if the court remands him on bail, it may remand him for a longer period if he and the other party consent;
b
where the court adjourns a trial under section 10(3) F47above or section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, the court may remand him for the period of the adjournment;
c
where a person is charged with an offence triable either way, then, if it falls to the court to try the case summarily but the court is not at the time so constituted, and sitting in such a place, as will enable it to proceed with the trial, the court may remand him until the next occasion on which it will be practicable for the court to be so constituted, and to sit in such a place, as aforesaid, notwithstanding that the remand is for a period exceeding 8 clear days.
C42C837
A magistrates’ court having power to remand a person in custody may, if the remand is for a period not exceeding 3 clear days, commit him to F48detention at a police station.
F498
Where a person is committed to detention at a police station under subsection (7) above—
a
he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;
b
if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases;
c
he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;
d
his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).
C43128AF50 Remands in custody for more than eight days.
1
The Secretary of State may by order made by statutory instrument provide that this section shall have effect—
a
in an area specified in the order; or
b
in proceedings of a description so specified,
in relation to any accused person (“the accused”) F51. . ..
2
A magistrates’ court may remand the accused in custody for a period exceeding 8 clear days if—
a
it has previously remanded him in custody for the same offence; and
b
he is before the court,
but only if, after affording the parties an opportunity to make representations, it has set a date on which it expects that it will be possible for the next stage in the proceedings, other than a hearing relating to a further remand in custody or on bail, to take place, and only—
i
for a period ending not later than that date; or
ii
for a period of 28 clear days,
whichever is the less.
3
Nothing in this section affects the right of the accused to apply for bail during the period of the remand.
4
A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.
129 Further remand.
1
If a magistrates’ court is satisfied that any person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time; and section 128(6) above shall not apply.
2
Notwithstanding anything in section 128(1) above, the power of a court under subsection (1) above to remand a person on bail for a further time—
a
where he was granted bail in criminal proceedings, includes power to enlarge the recognizance of any surety for him to a later time;
b
where he was granted bail otherwise than in criminal proceedings, may be exercised by enlarging his recognizance and those of any sureties for him to a later time.
3
Where a person remanded on bail is bound to appear before a magistrates’ court at any time and the court has no power to remand him under subsection (1) above, the court may in his absence—
a
where he was granted bail in criminal proceedings, appoint a later time as the time at which he is to appear and enlarge the recognizances of any sureties for him to that time;
b
where he was granted bail otherwise than in criminal proceedings, enlarge his recognizance and those of any sureties for him to a later time;
and the appointment of the time or the enlargement of his recognizance shall be deemed to be a further remand.
4
Where a magistrates’ court F131sends a person to the Crown Court for trial on bail and the recognizance of any surety for him has been conditioned in accordance with paragraph (a) of subsection (4) of section 128 above the court may, in the absence of the surety, enlarge his recognizance so that he is bound to secure that the person so F153sent for trial appears also before the Crown Court.
130 Transfer of remand hearings.
1
A magistrates’ court adjourning a case under section F1485, 10(1) F52, 17CF149, 18(4) or 24C above, and remanding the accused in custody, may, if he has attained the age of 17, order that he be brought up for any subsequent remands before an alternate
magistrates’ court nearer to the prison where he is to be confined while on remand.
2
The order shall require the accused to be brought before the alternate court at the end of the period of remand or at such earlier time as the alternate court may require.
3
While the order is in force, the alternate court shall, to the exclusion of the court which made the order, have F137all of the following powers which that court would have had but for the order—
a
powers in relation to further remand (whether in custody or on bail), and
b
powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
4
The alternate court may, on remanding the accused in custody, require him to be brought before the court which made the order at the end of the period of remand or at such earlier time as that court may require; and, if the alternate court does so, or the accused is released on bail, the order under subsection (1) above shall cease to be in force.
F534A
Where a magistrates’ court is satisfied as mentioned in section 128(3A) above—
a
subsection (1) above shall have effect as if for the words “he be brought up for any subsequent remands before” there were substituted the words “applications for any subsequent remands be made to”;
b
subsection (2) above shall have effect as if for the words “the accused to be brought before” there were substituted the words “an application for a further remand to be made to” and
c
subsection (4) above shall have effect as if for the words “him to be brought before” there were substituted the words “an application for a further remand to be made to”.
5
Schedule 5 to this Act shall have effect to supplement this section.
C44C66131 Remand of accused already in custody.
1
When a magistrates’ court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.
2
But the court shall inquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.
F1362A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F543
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on imprisonment
132 Minimum term.
A magistrates’ court shall not impose imprisonment for less than 5 days.
133 Consecutive terms of imprisonment.
1
F55Subject to section 265 of the Criminal Justice Act 2003,a magistrates’ court imposing imprisonment F56or youth custody on any person may order that the term of imprisonment F56or youth custody shall commence on the expiration of any other term of imprisonment F56or youth custody imposed by that or any other court; but where a magistrates’ court imposes two or more terms of imprisonment F56or youth custody to run consecutively the aggregate of such terms shall not, subject to the provisions of this section, exceed 6 months.
2
If two or more of the terms imposed by the court are imposed in respect of an offence triable either way which was tried summarily otherwise than in pursuance of section 22(2) above, the aggregate of the terms so imposed and any other terms imposed by the court may exceed 6 months but shall not, subject to the following provisions of this section, exceed 12 months.
F572A
In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.
3
The limitations imposed by the preceding subsections shall not operate to reduce the aggregate of the terms that the court may impose in respect of any offences below the term which the court has power to impose in respect of any one of those offences.
4
Where a person has been sentenced by a magistrates’ court to imprisonment and a fine for the same offence, a period of imprisonment imposed for non-payment of the fine, or for want of sufficient F164goods to satisfy the fine, shall not be subject to the limitations imposed by the preceding subsections.
5
For the purposes of this section a term of imprisonment shall be deemed to be imposed in respect of an offence if it is imposed as a sentence or in default of payment of a sum adjudged to be paid by the conviction or for want of sufficient F165goods to satisfy such a sum.
Detention for short periods
134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
C45135 Detention of offender for one day in court-house or police station.
1
A magistrates’ court that has power to commit to prison a person convicted of an offence, or would have that power but for section 82 or 88 above, may order him to be detained within the precincts of the court-house or at any police station until such hour, not later than 8 o’clock in the evening of the day on which the order is made, as the court may direct, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
2
A court shall not make such an order under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day of the order.
F593
C46C47136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction.
1
A magistrates’ court that has power to commit to prison a person in default of payment of a sum adjudged to be paid by a summary conviction, or would have that power but for section 82 or 88 above, may issue a warrant for his detention in a police station, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
2
A warrant under this section F62—
a
shall authorise the person executing itto arrest the defaulter and take him to a police station, and
b
shall require the officer in charge of the station to detain him there until 8 o’clock in the morning of the day following that on which he is arrested, or, if he is arrested between midnight and 8 o’clock in the morning, until 8 o’clock in the morning of the day on which he is arrested.
3
Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o’clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient.
F634
Fees, fines, forfeitures, etc.
137 Fees.
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
138 Remission of fees
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139 Disposal of sums adjudged to be paid by conviction.
F68The designated officer for a magistrates' court shall apply moneys received by him on account of a sum adjudged to be paid by a summary conviction as follows—
a
in the first place in payment of any compensation adjudged by the conviction to be paid to any person;
F69aa
in the second place in payment to the fund mentioned in paragraph (c) below of surcharges imposed under section 161A of the Criminal Justice Act 2003;
b
in the F70third place in payment of any costs so adjudged to be paid to the prosecutor; and
c
the balance to the fund to which, or the person to whom, he is required to pay the sum by F71section 38 of the Courts Act 2003 or any other enactment relating to the sum.
C48C49C50C51C52140 Disposal of non-pecuniary forfeitures.
Subject to any enactment relating to customs or excise, anything other than money forfeited on a conviction by a magistrates’ court or the forfeiture of which may be enforced by a magistrates’ court shall be sold or otherwise disposed of in such manner as the court may direct; and the proceeds shall be applied as if they were a fine imposed under the enactment on which the proceedings for the forfeiture are founded.
Clerks to justices
141 Clerks to justices.
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to rectify mistakes etc.
142 Power of magistrates’ court to re-open cases to rectify mistakes etc.
1
F73A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
F741A
The power conferred on a magistrates’ court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—
a
the Crown Court has determined an appeal against—
i
that sentence or order;
ii
the conviction in respect of which that sentence or order was imposed or made; or
iii
any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or
b
the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.
2
F772A
The power conferred on a magistrates’ court by subsection (2) above shall not be exercisable in relation to a conviction if—
a
the Crown Court has determined an appeal against—
i
the conviction; or
ii
any sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of the conviction; or
b
the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.
3
Where a court gives a direction under subsection (2) above—
a
the F78conviction and any sentence or other order imposed or made in consequence thereof shall be of no effect; and
b
section 10(4) above shall apply as if the trial of the person in question had been adjourned.
F794
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Where a sentence or order is varied under subsection (1) above, 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.
Power to alter sums specified in certain provisions
143Power to alter sums specified in certain provisions. C53
F801
If it appears to the Secretary of State that there has been a change in the value of money since the relevant date, he may by order substitute for the sum or sums for the time being specified in any provision mentioned in subsection (2) below such other sum or sums as appear to him justified by the change.
C542
The said provisions are—
a
section 22 (1) above;
F172aza
section 22A(3)(a) above;
F81aa
section 24(3) and (4) above;
b
the definition of “the prescribed sum” in section 32(9) above;
c
paragraph (a) of section 33(1) above
F82ca
section 34(3)(b) above;
F83cb
section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on compensation order of magistrates’ court);
F83d
section 135 of that Act; (limit on fine imposed on young offender by magistrates’ court);
F85dd
section 59B(3) above;
e
the Table in paragraph 1 of Schedule 4 to this Act.
F86f
any provision mentioned in Schedule 6A to this Act;
g
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88i
section 2(13) of the Children and Young Persons Act M81969 (recognizance from parents and guardians);
j
the Table in F89section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000;
k
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90
o
section 37(2) of the Criminal Justice Act 1982.
F91p
F92section 150(2) and (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (recognisance from parents or guardians);
F93q
column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.
F943
In subsection (1) above the “relevant date” means—
a
the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); F173or
F174aa
in relation to section 22A(3)(a) above, the date of the coming into force of that section; or
b
where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above F175or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 , the date of that order.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95
6
An order under subsection (1) F96 above—
a
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and
b
shall not affect the punishment for an offence committed before that order comes into force.
Rules
C56C57C58C59C60C61C62C63144C55F132... Rules of procedure.
F133A1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1831
The Lord Chief Justice may, with the concurrence of the Lord Chancellor, make rules for regulating and prescribing, except in relation to any criminal cause or matter, the procedure and practice to be followed—
a
in magistrates' courts, and
b
by designated officers for magistrates' courts.
F971A
If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice F134... written reasons for doing so.
F1352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1353A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The power to make rules conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament.
F984A
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
F995
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144AF105Rules to be made if required by Lord Chancellor
1
This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice.
2
The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose.
3
Those rules must be—
a
made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;
b
made in accordance with section 144.
4
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
145 Rules: supplementary provisions.
1
The power to make rules conferred by section 144 above shall, without prejudice to the generality of subsection (1) of that section, include power to make provision—
a
as to the practice and procedure of justices in exercising functions preliminary or incidental to proceedings before a magistrates’ court;
b
as to the service and execution of process issued by or for the purposes of a magistrates’ court, including the service and execution in England and Wales of process issued in other parts of the United Kingdom;
c
as to the keeping of records of proceedings before magistrates’ courts and the manner in which things done in the course of, or as preliminary or incidental to, any such proceedings, or any proceedings on appeal from a magistrates’ court to the Crown Court, may be proved in any legal proceedings;
F100d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F150f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
as to what magistrates’ court shall have jurisdiction to hear any complaint;
h
as to the matters additional to those specified in section 53 above on complaint for which a magistrates’ court shall have power to make an order with the consent of the defendant without hearing evidence;
F150i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where any Act expressly confers jurisdiction on any magistrates’ court to hear a complaint, rules made under subsection (1)(g) above shall not take away that jurisdiction, but may extend it to any other magistrates’ court.
3
Any Act passed before 16th December 1949, in so far as that Act relates to matters about which rules may be made under section 144 above, shall have effect subject to any rules so made and may be amended or repealed by the rules accordingly; but nothing in the said section shall authorise the rules to reduce the number of justices required for any purpose by any Act.
4
F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any rules, directions, forms or other instrument having effect immediately before this subsection comes into force as if contained in rules made under section 15 of the Justices of the M9Peace Act 1949 by virtue of section 15(8) of that Act (rules etc. which previously had effect under the enactments repealed by Part II of Schedule 7 to that Act) shall have effect as if contained in rules made under section 144 above.
145AF104 Rules: costs order against legal representative.
1
In any civil proceedings, a magistrates’ court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules.
2
In subsection (1), “wasted costs”means any costs incurred by a party—
a
as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
b
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
3
In this section “legal or other representative”, in relation to any proceedings, means any person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings.
4
Rules made by virtue of this section may, in particular, make provision as to the destination of any payment required to be made under the rules (including provision for the reimbursement of sums paid by the F138the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ).
5
Rules made by virtue of this section—
a
shall require a magistrates’ court which proposes to act under the rules against a legal or other representative to allow him a reasonable opportunity to appear before it and show cause why it should not do so;
b
shall provide that action may be taken under the rules either on the application of any party to the proceedings or on the motion of the court;
c
shall provide that no such action shall be taken after the end of the period of six months beginning with the date on which the proceedings are disposed of by the court; and
d
shall provide that a legal or other representative against whom action is taken under the rules may appeal to the Crown Court.
Rules about F109youth courts
146 Rules relating to F106 youth court panels and composition of F107youth courts.
F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occasional court-houses
147 Occasional court-house.
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
148“Magistrates’ court”.
1
In this Act the expression “magistrates’ court” means any justice or justices of the peace acting under any enactment or by virtue of his or their commission or under the common law.
C642
Except where the contrary is expressed, anything authorised or required by this Act to be done by, to or before the magistrates’ court by, to or before which any other thing was done, or is to be done, may be done by, to or before any magistrates’ court acting F111in the same local justice area as that court.
149 Isles of Scilly.
F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150 Interpretation of other terms.
C65F1511
In this Act, unless the context otherwise requires, the following expressions have the meaning hereby assigned to them, that is to say—
F114“collection order”means an order made under Part 4 of Schedule 5 to the Courts Act 2003;
F115. . ..
“commit to custody” means commit to prison or, where any enactment authorises or requires committal to some other place of detention instead of committal to prison, to that other place;
F151“committal proceedings” means proceedings before a magistrates’ court acting as examining justices;F171...
F171...
“enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act;
“fine”, except for the purposes of any enactment imposing a limit on the amount of any fine, includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction;
F116“the fines officer”, in relation to a person subject to a collection order, means any fines officer working at the fines office specified in that order;
“impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient F167goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;
F117“legal representative”means F130a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
F118. . .
F171...
F171...
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F120. . .
“prescribed” means prescribed by F121rules of court;
F122“preserved county” has the meaning given by section 64 of the Local Government (Wales) Act 1994;
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179“relevant prosecutor” has the meaning given by section 29 of the Criminal Justice Act 2003;
F179“requisition” has the meaning given by section 29 of the Criminal Justice Act 2003;
“sentence” does not include a committal in default of payment of any sum of money, or for want of sufficient F167goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;
F179“single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003;
“sum enforceable as a civil debt” means—
- a
any sum recoverable summarily as a civil debt which is adjudged to be paid by the order of a magistrates’ court;
- b
any other sum expressed by this or any other Act to be so enforceable;
- a
“transfer of fine order” has the meaning assigned to it by section 89 above.
F179“written charge” has the meaning given by section 29 of the Criminal Justice Act 2003;
2
Except where the contrary is expressed or implied, anything required or authorised by this Act to be done by justices may, where two or more justices are present, be done by one of them on behalf of the others.
3
Any reference in this Act to a sum adjudged to be paid by a conviction or order of a magistrates’ court shall be construed as including a reference to any costs, damages or compensation adjudged to be paid by the conviction or order of which the amount is ascertained by the conviction or order; but this subsection does not prejudice the definition of “sum adjudged to be paid by a conviction” contained in subsection (8) of section 81 above for the purposes of that section.
F1663A
References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4).
4
Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a magistrates’ court, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.
5
Except where the context otherwise requires, any reference in this Act to an offence shall be construed as including a reference to an alleged offence; and any reference in this Act to an offence committed, completed or begun anywhere shall be construed as including a reference to an offence alleged to have been committed, completed or begun there.
6
References in this Act to an offence punishable with imprisonment or punishable on summary conviction with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under this or any other Act on imprisonment of young offenders.
7
The provisions of this Act authorising a magistrates’ court on conviction of an offender to pass a sentence or make an order instead of dealing with him in any other way shall not be construed as taking away any power to order him to pay costs, damages or compensation.
Miscellaneous
F168151 Application of Act to distress for rates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152 Saving for juvenile courts.
The provisions of this Act relating to the constitution, place of sitting and procedure of magistrates’ courts shall, in their application to juvenile courts, have effect subject to any provision contained in F125rules of court or any enactment regulating the constitution, place of sitting or procedure of juvenile courts.
153 Magistrates’ court may sit on Sundays and public holidays.
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repeals, short title, etc.
154 Consequential amendments, transitional provisions, repeals, etc.
1
Subject to subsection (2) below, the enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.
2
The transitional provisions and savings in Schedule 8 to this Act shall have effect.
3
Subject to subsection (2) above, the enactments specified in Schedule 9 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.
4
Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the M11Interpretation Act 1978 (which relate to the effect of repeals).
155 Short title, extent and commencement.
1
This Act may be cited as the Magistrates’ Courts Act 1980.
2
The following provisions of this Act extend to Scotland—
b
section 154 and Schedules 7, 8 and 9 so far as they relate to any enactment extending to Scotland.
3
The following provisions of this Act extend to Northern Ireland—
a
sections 83(3), 90 and 91 and this section; and
b
section 154 and Schedules 7, 8 and 9 so far as they relate to an enactment extending to Northern Ireland.
4
F1295
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Except as stated in subsections (2) to (5) above, and except so far as relates to the interpretation or commencement of the provisions mentioned in those subsections, this Act extends to England and Wales only.
P17
This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.
Words in s. 146 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(n); S.I. 1992/333, art. 2(2), Sch.2