(1)[F1Subject to subsection (3A),] the High Court shall have jurisdiction to make orders of mandamus, prohibition and certiorari in those classes of cases in which it had power to do so immediately before the commencement of this Act.
(2)Every such order shall be final, subject to any right of appeal therefrom.
(3)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.
[F2(3A)The High Court shall have no jurisdiction to make orders of mandamus, prohibition or certiorari in relation to the jurisdiction of a court-martial in matters relating to—
(a)trial by court-martial for an offence, or
(b)appeals from a Standing Civilian Court;
and in this subsection “court-martial” means a court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.]
(4)The power of the High Court under any enactment to require justices of the peace or a judge or officer of a county court to do any act relating to the duties of their respective offices, or to require a magistrates’ court to state a case for the opinion of the High Court, in any case where the High Court formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by order of mandamus.
(5)In any enactment—
(a)references to a writ of mandamus, of prohibition or of certiorari shall be read as references to the corresponding order; and
(b)references to the issue or award of any such writ shall be read as references to the making of the corresponding order.
[F3(6)In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999.]
Textual Amendments
F1Words in s. 29(1) inserted (28.2.2002) by 2001 c. 19, s. 23(2); S.I. 2002/439, art. 2 (subject to art. 3)
F2S. 29(3A) inserted (28.2.2002) by 2001 c. 19, s. 23(3); S.I. 2002/439, art. 2 (subject to art. 3)
F3S. 29(6) inserted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 23 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)