Courts Act 2003 Explanatory Notes

Justices’ clerks and assistant clerks

Section 29: Independence

81.Section 29 makes the provision corresponding to section 48 of the JPA, which provides for the independence of justices’ clerks when giving legal advice or performing the functions of a single justice. It provides that when exercising such functions, justices’ clerks shall not be subject to the direction of the Lord Chancellor, (rather than JCEs, as under the JPA) or any other person or body. The section gives the same guarantee of independence to assistant clerks.

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