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Part 6 E+WJudges

Flexibility in deployment of judicial resourcesE+W

66Judges having powers of District Judges (Magistrates' Courts)E+W

(1)Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—

(a)criminal causes and matters,F1...

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The offices are—

(a)judge of the High Court;

[F2(aa)Master of the Rolls;

(ab)ordinary judge of the Court of Appeal;

(ac)Senior President of Tribunals;]

(b)deputy judge of the High Court;

(c)Circuit judge;

(d)deputy Circuit judge;

(e)recorder.

[F3(f)Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

(g)judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(h)transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);

(i)deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j)office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);

(k)district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);

(l)deputy district judge appointed under section 102 of the Senior Courts Act 1981;

(m)judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;

(n)transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);

(o)member of a panel of Employment Judges established for England and Wales or for Scotland.]

[F4(2A)A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.]

(3)For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(5) In this section “ qualifying judge advocate ” means—

(a)the Judge Advocate General; or

(b)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(6)Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.]

[F7(7)This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.]

Annotations:

Amendments (Textual)

F1S. 66(1)(b) and word in s. 66(1)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5S. 66(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1S. 66 partly in force; s. 66 not in force at Royal Assent see s. 110(1)(2); s. 66(1)(a)(2)(3) in force at 26.1.2004 by S.I. 2003/3345, art. 2(a)(iv)