Explanatory Notes

Courts Act 2003

2003 CHAPTER 39

20 November 2003

Commentary on Sections: Part 2

Chairman and deputy chairmen and the bench

Section 17: Chairman and deputy chairmen: selectionSection 18: Rights to preside and size of bench

63.These sections make similar provision to sections 22 and 24 of the JPA 1997.

64.Section 17 provides for the lay magistrates of a local justice area to elect from their number a Chairman and one or more Deputy Chairmen, and confers a rule-making power as to how this will operate.

65.Section 18 sets out the circumstances in which a Chairman or Deputy Chairman may have a right to preside in court, or to chair a meeting of justices, and when he may not. The section also provides the Lord Chancellor with a rule-making power as to the size of a bench of lay justices.