Part 6Judges

Flexibility in deployment of judicial resources

66Judges having powers of District Judges (Magistrates' Courts)

(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.