Courts Act 2003

Justices' clerks and assistant clerks E+W

27 Justices' clerks and assistant clerks E+W

(1) A justices' clerk is a person who is—

(a) appointed by the Lord Chancellor under section 2(1), and

(b) designated by the Lord Chancellor [F1 , after consulting the Lord Chief Justice,] as a justices' clerk.

(2) A person may be designated as a justices' clerk only if he—

(a) has a 5 year magistrates' court qualification,

(b) is a barrister or solicitor who has served for not less than 5 years as an assistant to a justices' clerk, or

(c) has previously been a justices' clerk.

(3) The Lord Chancellor—

(a) must [F2 , after consulting the Lord Chief Justice,] assign each justices' clerk to one or more local justice areas, and

(b) subject to [F3 subsections (4A) to (4C)] , may change an assignment so as to assign the justices' clerk to a different local justice area or to different local justice areas.

[F4 (4A) The Lord Chancellor may change an assignment of a justices' clerk so that he is no longer assigned to a local justice area (“the relevant area”) only if the conditions in subsections (4B) and (4C) are met.

(4B) Before changing the assignment, the Lord Chancellor must consult—

(a) the chairman of the lay justices assigned to the relevant area, or

(b) if that is not possible or not practicable, the deputy chairman or such of the lay justices assigned to or acting in the relevant area as it appears to the Lord Chancellor appropriate to consult.

(4C) The Lord Chief Justice must agree to the change.]

(5) An assistant to a justices' clerk is a person who is—

(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b) designated by the Lord Chancellor as an assistant to a justices' clerk.

(6) The Lord Chancellor may by regulations provide that, subject to such exceptions as may be prescribed by the regulations, a person may be designated as an assistant to a justices' clerk only if he—

(a) has a 5 year magistrates' court qualification, or

(b) has such qualifications as may be prescribed by, or approved by the Lord Chancellor in accordance with, the regulations.

[F5 (6A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(7) In this Part “assistant clerk” is short for “assistant to a justices' clerk”.

Textual Amendments

F1 Words in s. 27(1)(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 326(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F2 Words in s. 27(3)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 326(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F3 Words in s. 27(3)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 326(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F4 S. 27(4A)-(4C) substituted (3.4.2006) for s. 27(4) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 326(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F5 S. 27(6A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 326(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

28 Functions E+W

(1) Rules may make provision enabling things authorised to be done by, to or before a single justice of the peace to be done instead by, to or before a justices' clerk.

(2) Rules may also make provision enabling things authorised to be done by, to or before a justices' clerk (whether by virtue of subsection (1) or otherwise) to be done instead by, to or before an assistant clerk.

[F6 (2A) Subsection (2) does not apply in relation to functions of a justices' clerk given under section 31O(1)(a), or specified in section 31O(2), of the Matrimonial and Family Proceedings Act 1984 (functions in the family court, but see section 31O(1)(b) of that Act).]

(3) An enactment or rule of law which—

(a) regulates the exercise of any jurisdiction or powers of justices of the peace, or

(b) relates to things done in the exercise or purported exercise of any such jurisdiction or powers,

applies in relation to the exercise or purported exercise of any such jurisdiction or powers by a justices' clerk by virtue of subsection (1) as if he were a justice of the peace.

(4) The functions of a justices' clerk include giving advice to any or all of the justices of the peace to whom he is clerk about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the clerk is not personally attending on them.

(5) The powers of a justices' clerk include, at any time when he thinks he should do so, bringing to the attention of any or all of the justices of the peace to whom he is clerk any point of law (including procedure and practice) that is or may be involved in any question so arising.

[F7 (5A) For the purposes of subsections (1) to (5) the functions of justices of the peace do not include functions as a judge of the family court.]

(6) For the purposes of subsections (4) and (5) the functions of justices of the peace do not include functions as a judge of the Crown Court.

(7) Subsections (4) and (5) do not limit—

(a) the powers and duties of a justices' clerk, or

(b) the matters on which justices of the peace may obtain assistance from their clerk.

(8) In this section “rules” means rules made by the Lord Chancellor [F8 with the concurrence of the Lord Chief Justice] .

(9) Before making any rules for the purposes of this section the Lord Chancellor must consult—

(a) the Criminal Procedure Rule Committee,[F9 and]

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F11

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F6 S. 28(2A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 87(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 S. 28(5A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 87(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 Words in s. 28(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 327(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F9 Word in s. 28(9)(a) inserted (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 2 para. 6(a)

F10 S. 28(9)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 87(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11 S. 28(9)(c) and word repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 2 para. 6(b)

F12 S. 28(10) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 327(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

29 Independence E+W

(1) A justices' clerk exercising—

(a) a function exercisable by one or more justices of the peace,

(b) a function specified in section 28(4) or (5) (advice on matters of law, including procedure and practice), or

(c) a function as a member of the Criminal Procedure Rule Committee or the Family Procedure Rule Committee,

is not subject to the direction of the Lord Chancellor or any other person.

(2) An assistant clerk who is exercising any such function is not subject to the direction of any person other than a justices' clerk.