Part VII

Inspection of magistrates’ courts service

Powers of inspectors.
63
1
Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 62 above shall have at all reasonable times—
a
a right of entry to any court-house or other premises occupied by a magistrates’ courts committee; and
b
a right to inspect, and take copies of, any records kept by a magistrates’ courts committee, and any other documents containing information relating to the administration of the magistrates’ courts for their area, which he considers relevant to the discharge of his functions.
2
Subsection (1) above does not entitle an inspector—
a
to be present when a magistrates’ court is hearing proceedings in private; or
b
to attend any private deliberations of the justices of the peace.
2A
An inspector of the magistrates’ courts service exercising his functions under section 62 above shall also have at all reasonable times—
a
a right of entry to any premises occupied by the Service; and
b
a right to inspect, and take copies of, any records kept by the Service, and any other documents containing information relating to the performance of the functions of the Service or its officers which he considers relevant to the discharge of his functions.
3
The records referred to in paragraph (b) of subsection (1) or (2A) above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by subsection (1) or (2A) above—
a
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question; and
b
may require—
i
the person by whom or on whose behalf the computer is or has been so used; or
ii
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such reasonable assistance as he may require.
Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)
S. 63(2A) inserted (1.4.2001) by 2000 c. 43, s. 17(2)(a); S.I. 2001/919, art. 2(a)
Words in s. 63(3) inserted (1.4.2001) by 2000 c. 43, s. 17(2)(b); S.I. 2001/919, art. 2(a)
Words in s. 63(3) substituted (1.4.2001) by 2000 c. 43, s. 17(2)(b); S.I. 2001/919, art. 2(a)