Courts Act 2003 (c. 39)

(The document as of February, 2008)

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41 Disqualification of lay justices who are members of local authorities

(1) A lay justice who is a member of a local authority may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of--

(a) that local authority,

(b) a committee or officer of that local authority, or

(c) if that local authority is operating executive arrangements (within the meaning of Part 2 of the Local Government Act 2000 (c. 22))--

(i) the executive of that local authority (within the meaning of that Part), or

(ii) any person acting on behalf of that executive.

(2) A lay justice who is a member of the Common Council of the City of London may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of--

(a) the Corporation of the City,

(b) the Common Council, or

(3) A joint committee, joint board, joint authority or other combined body--

(a) of which a local authority, the Corporation or the Common Council is a member, or

(b) on which the local authority, the Corporation or the Council is represented,

is to be regarded for the purposes of this section as a committee of the local authority, Corporation or Common Council.

(4) Any reference in this section to an officer of--

(a) a local authority,

(b) the Corporation, or

is to a person employed or appointed by, or by a committee of, the local authority, Corporation or Common Council in the capacity in which he is employed or appointed to act.

(5) No act is invalidated merely because of the disqualification under this section of the person by whom it is done.

(6) "Local authority" means--

(a) a local authority within the meaning of the Local Government Act 1972 (c. 70),

(b) a local authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

(c) a police authority established under section 3 of the Police Act 1996 (c. 16), the Metropolitan Police Authority, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad,

(d) the London Fire and Emergency Planning Authority,

(e) a joint authority established under Part 4 of the Local Government Act 1985 (c. 51),

(f) a National Park Authority,

(g) the Broads Authority, or

(h) a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).

42 Effect of Act of Settlement on existing justices of the peace

Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born outside the United Kingdom) invalidates--

(a) any appointment, whether made before or after the passing of this Act, of a justice of the peace, or

(b) any act done by virtue of such an appointment.

Part 3 Magistrates' courts

Criminal jurisdiction and procedure

43 Summons or warrant for suspected offender

(1) For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his arrest), substitute--

" (1) On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue--

(a) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or

(b) a warrant to arrest that person and bring him before a magistrates' court. "

(2) Omit section 1(2), (5) and (8) of the 1980 Act.

44 Trial of summary offences

For section 2 of the 1980 Act substitute--

" 2 Trial of summary offences

(1) A magistrates' court has jurisdiction to try any summary offence.

(2) A magistrates' court has jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court.

(3) Subject to--

(a) sections 18 to 22, and

(b) any other enactment (wherever contained) relating to the mode of trial of offences triable either way,

a magistrates' court has jurisdiction to try summarily any offence which is triable either way.

(4) A magistrates' court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence.

(5) This section does not affect any jurisdiction over offences conferred on a magistrates' court by any enactment not contained in this Act. "

45 Power to make rulings at pre-trial hearings

(1) Schedule 3 contains amendments of the 1980 Act relating to rulings at pre-trial hearings in magistrates' courts.

(2) The amendments made by the Schedule apply in relation to pre-trial hearings beginning on or after the day on which it comes into force.

46 Power to transfer criminal cases

(1) After section 27 of the 1980 Act insert--

" Transfer of criminal proceedings

27A Power to transfer criminal proceedings

(1) Where a person appears or is brought before a magistrates' court--

(a) to be tried by the court for an offence, or

(b) for the court to inquire into the offence as examining justices,

the court may transfer the matter to another magistrates' court.

(2) The court may transfer the matter before or after beginning the trial or inquiry.

(3) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(4) The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003. "

(2) Omit section 3B of the 1980 Act (transfer of trials of summary offences).

Civil jurisdiction and procedure

47 Jurisdiction to issue summons and deal with complaints

(1) For section 51 of the 1980 Act (issue of summons on complaint) substitute--

" 51 Issue of summons on complaint

Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint. "

(2) For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute--

" 52 Jurisdiction to deal with complaints

(1) A magistrates' court has jurisdiction to hear any complaint.

(2) But subsection (1) is subject to provision made by any enactment. "

48 Power to transfer civil proceedings (other than family proceedings)

After section 57 of the 1980 Act insert--

" Transfer of civil proceedings (other than family proceedings)

57A Power to transfer civil proceedings (other than family proceedings)

(1) A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.

(2) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(3) This section does not apply to family proceedings.

(4) The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003. "

Family proceedings courts and youth courts

49 Family proceedings courts

(1) For section 67 of the 1980 Act (family proceedings courts and panels) substitute--

" 67 Family proceedings courts

(1) Magistrates' courts--

(a) constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and

(b) sitting for the purpose of hearing family proceedings,

are to be known as family proceedings courts.

(2) A justice of the peace is not qualified to sit as a member of a family proceedings court to hear family proceedings of any description unless he has an authorisation extending to the proceedings.

(3) He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a family proceedings court to hear--

(a) proceedings of that description, or

(b) all family proceedings.

(4) The Lord Chancellor may by rules make provision about--

(a) the grant and revocation of authorisations,

(b) the appointment of chairmen of family proceedings courts, and

(5) Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.

(6) Rules under subsection (4) may be made only after consultation with the Family Procedure Rule Committee.

(7) Rules under subsection (4) are to be made by statutory instrument.

(8) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament. "

(2) Omit section 68 of the 1980 Act (combined family panels for two or more petty sessions areas).

50 Youth courts

(1) For section 45 of the 1933 Act (constitution of youth courts) substitute--

" 45 Youth courts

(1) Magistrates' courts--

(a) constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and

(b) sitting for the purpose of--

(i) hearing any charge against a child or young person, or

(ii) exercising any other jurisdiction conferred on youth courts by or under this or any other Act,

are to be known as youth courts.

(2) A justice of the peace is not qualified to sit as a member of a youth court for the purpose of dealing with any proceedings unless he has an authorisation extending to the proceedings.

(3) He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a youth court to deal with--

(a) proceedings of that description, or

(b) all proceedings dealt with by youth courts.

(4) The Lord Chancellor may by rules make provision about--

(a) the grant and revocation of authorisations,

(b) the appointment of chairmen of youth courts, and

(5) Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.

(6) Rules under subsection (4) may be made only after consultation with the Criminal Procedure Rule Committee.

(7) Rules under subsection (4) are to be made by statutory instrument.

(8) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament. "

(2) Omit Schedule 2 to the 1933 Act (constitution of youth courts).

(3) Omit section 146 of the 1980 Act (rules relating to youth court panels and the composition of youth courts).

(4) "The 1933 Act" means the Children and Young Persons Act 1933 (c. 12).

Part 4 Court security

51 Court security officers

(1) A court security officer 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 a court security officer.

(2) The Lord Chancellor may by regulations make provision as to--

(a) training courses to be completed by court security officers;

(b) conditions to be met before a person may be designated as a court security officer.

(3) For the purposes of this Part a court security officer who is not readily identifiable as such (whether by means of his uniform or badge or otherwise), is not to be regarded as acting in the execution of his duty.

52 Powers of search

(1) A court security officer acting in the execution of his duty may search--

(a) any person who is in, or seeking to enter, a court building, and

(b) any article in the possession of such a person.

(2) Subsection (1) does not authorise the officer to require a person to remove any of his clothing other than a coat, jacket, headgear, gloves or footwear.

(3) In this Part "court building" means any building--

(a) where the business of any of the courts referred to in section 1 is carried on, and

(b) to which the public has access.

53 Powers to exclude, remove or restrain persons

(1) A court security officer acting in the execution of his duty may exclude or remove from a court building, or a part of a court building, any person who refuses--

(a) to permit a search under section 52(1), or

(b) to surrender an article in his possession when asked to do so under section 54(1).

(2) A court security officer acting in the execution of his duty may--

(a) restrain any person who is in a court building, or

(b) exclude or remove any person from a court building, or a part of a court building,

if it is reasonably necessary to do so for one of the purposes given in subsection (3).

(3) The purposes are--

(a) enabling court business to be carried on without interference or delay;

(b) maintaining order;

(4) A court security officer acting in the execution of his duty may remove any person from a courtroom at the request of a judge or a justice of the peace.

(5) The powers conferred by subsections (1), (2) and (4) include power to use reasonable force, where necessary.

54 Surrender and seizure of articles

(1) If a court security officer acting in the execution of his duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (3), he must ask the person to surrender the article.

(2) If the person refuses to surrender the article, the officer may seize it.

(3) The grounds are that the article--

(a) may jeopardise the maintenance of order in the court building (or a part of it),

(b) may put the safety of any person in the court building at risk, or

55 Powers to retain articles surrendered or seized

(1) Subject to subsection (2), a court security officer may retain an article which was--

(a) surrendered in response to a request under section 54(1), or

(b) seized under section 54(2),

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

(2) If a court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, he may retain it until--

(a) the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or

(b) the end of the permitted period,

whichever is later.

(3) "The permitted period" means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the court security officer to draw the article to the attention of a constable.

56 Regulations about retention of articles

(1) The Lord Chancellor may by regulations make provision as to--

(a) the provision to persons--

(i) by whom articles have been surrendered in response to a request under section 54(1), or

(ii) from whom articles have been seized under section 54(2),

of written information about the powers of retention of court security officers,

(b) the keeping of records about articles which have been so surrendered or seized,

(d) the disposal of unclaimed articles at the end of that period.

(2) "Unclaimed article" means an article--

(a) which has been retained under section 55,

(b) which a person is entitled to have returned to him,

(d) whose return has not been requested by a person entitled to it.

57 Assaulting and obstructing court security officers

(1) Any person who assaults a court security officer acting in the execution of his duty commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to--

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding 6 months,

or to both.

(3) A person who resists or wilfully obstructs a court security officer acting in the execution of his duty commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Part 5 Inspectors of court administration

58 Inspectors of court administration etc.

(1) The Lord Chancellor may appoint such number of inspectors of court administration as he considers appropriate.

(2) They are to be known collectively as "Her Majesty's Inspectorate of Court Administration".

(3) The Lord Chancellor must appoint one of the persons so appointed to be Her Majesty's Chief Inspector of Court Administration.

(4) In this Part that person is referred to as "the Chief Inspector".

(5) The Lord Chancellor may make to or in respect of inspectors of court administration such payments by way of remuneration, allowances or otherwise as he may determine.

(6) In this Act--

(a) "CAFCASS" means the Children and Family Court Advisory and Support Service, and

(b) "CAFCASS functions" means the functions of CAFCASS and its officers.

59 Functions of inspectors

(1) It is the duty of inspectors of court administration to--

(a) inspect and report to the Lord Chancellor on the system that supports the carrying on of the business of the courts listed in subsection (2) and the services provided for those courts;

(b) inspect and report to the Lord Chancellor on the performance of CAFCASS functions;

(i) the courts listed in subsection (2), or

(ii) CAFCASS functions or related functions of any other person.

(2) The courts are--

(a) the Crown Court,

(b) county courts, and

(3) The Lord Chancellor may by order--

(a) add to the list in subsection (2) any court having jurisdiction in the United Kingdom, other than one having jurisdiction only in relation to Scotland or Northern Ireland, and

(b) remove any court from the list.

(4) "Specified" means specified in a direction given by the Lord Chancellor; but before giving any such direction the Lord Chancellor must consult the Chief Inspector.

(5) Nothing in this section is to be read as enabling inspectors to inspect persons--

(a) making judicial decisions, or

(b) exercising any judicial discretion.

60 Functions of Chief Inspector

(1) The Chief Inspector must make an annual report to the Lord Chancellor as to the discharge of the functions of Her Majesty's Inspectorate of Court Administration.

(2) The Lord Chancellor may give directions as to--

(a) the information to be included in the report,

(b) the form of the report, and

(3) The Lord Chancellor must, within one month of receiving the annual report, lay a copy of it before both Houses of Parliament.

(4) The Chief Inspector must report to the Lord Chancellor on any matter which the Lord Chancellor refers to him and which is connected with--

(a) the courts listed in section 59(2), or

(b) CAFCASS functions or related functions of any other person.

(5) The Chief Inspector may designate an inspector of court administration to discharge his functions during any period when he is absent or unable to act.

61 Rights of entry and inspection

(1) An inspector exercising functions under section 59 may enter--

(a) any place of work occupied by persons provided under a contract made by the Lord Chancellor by virtue of section 2(4);

(b) any premises occupied by CAFCASS.

(2) An inspector exercising functions under section 59 may inspect and take copies of --

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