PART 2Composition of magistrates’ courts

Presiding justices5.

(1)

This Rule does not apply to any justice sitting in a magistrates’ court in accordance with section 16A of the Magistrates’ Courts Act 19808.

(2)

Subject to paragraph (3), a magistrates’ court must be presided over by—

(a)

a District Judge (Magistrates’ Courts);

(b)

a justice who has been approved in accordance with these Rules, or

(c)

a justice who has completed or is undertaking approved training courses in accordance with Rule 19(b) or (d) (as applicable), and is under the supervision of a justice who has been approved to preside in that court.

(3)

The justices present may, in the absence of a justice entitled to preside under paragraph (2), appoint one of their number to preside in a magistrates’ court to deal with any case if—

(a)

before making such an appointment, the justices present are satisfied as to the suitability for this purpose of the justice proposed, and

(b)

except as mentioned in paragraph (4), the justice proposed has completed or is undertaking training courses in accordance with Rule 19(b) or (d) (as applicable) to enable that justice, if approved, to preside in that court.

(4)

The condition in paragraph (3)(b) does not apply if by reason of illness, circumstances unforeseen when the justices to sit were chosen, or other emergency, no justice who complies with that condition is present.