Courts Act 2003 (c. 39)

(The document as of February, 2008)

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(e) regulations under Schedule 1;

(f) regulations under Schedule 6 relating to the prescribed hourly sum.

(4) A statutory instrument containing--

(a) the first order to be made under section 8 (local justice areas), or

(b) regulations under section 40 (payments, accounting and banking by designated officers),

is to be laid before Parliament after being made.

(5) Any other statutory instrument, apart from one containing an order under section 110 (commencement), is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Any power of the Lord Chancellor to make rules, regulations or orders under this Act includes power to make--

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient.

(7) Nothing in this section applies to--

(a) rules made under Part 7 (Criminal Procedure and Family Procedure Rules), or

(b) an order made under section 102 (power to alter judicial titles: Northern Ireland).

109 Minor and consequential amendments, repeals, etc.

(1) Schedule 8 contains minor and consequential amendments.

(2) Schedule 9 contains transitional provisions and savings.

(3) Schedule 10 contains repeals.

(4) The Lord Chancellor may by order make--

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(5) An order under subsection (4) may, in particular--

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

(b) amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.

(6) The amendments that may be made under subsection (5)(b) are in addition to those made by or under any other provision of this Act.

110 Commencement

(1) Subject to subsection (2), this Act comes into force in accordance with provision made by order by the Lord Chancellor.

(2) Subsection (1) does not apply to section 42, 94, 107, 108, 109(4) to (6), this section or section 111 or 112.

(3) An order under this section may appoint different days for different provisions and different purposes.

111 Extent

(1) Subject to subsections (2) and (3), this Act extends only to England and Wales.

(2) Subsection (1) does not apply to section 59(3), 90, 91, 100, 101, 102, 103, 104, 105, 106 or 109.

(3) Subject to any provision made in Schedule 8, the amendments and repeals made by Schedules 4, 8 and 10 have the same extent as the enactments to which they relate.

112 Short title

This Act may be cited as the Courts Act 2003.

SCHEDULES

Section 4

SCHEDULE 1 Constitution and procedure of courts boards

Constitution

1 The members of each courts board are to be appointed by the Lord Chancellor.

2 Each board must have--

(a) at least one member who is a judge,

(b) at least two members who are lay justices, each of whom is assigned to a local justice area the whole or a part of which is included in the board's area,

(c) at least two other members who are persons appearing to the Lord Chancellor to have appropriate knowledge or experience of the work of the courts in the area for which the board acts, and

(d) at least two more members who are persons appearing to the Lord Chancellor to be representative of people living in that area,

and may have such other members of a description mentioned in sub-paragraphs (a) to (d) as the Lord Chancellor considers appropriate.

3 Regulations may make provision in relation to the appointment of members of courts boards, including in particular provision about the procedures to be followed in connection with appointments.

Chairman

4 Regulations may make provision as to the selection of one of the members of each courts board to be its chairman.

Tenure of office

5 (1) Regulations may make provision as to--

(a) the term of office of chairmen and members of courts boards;

(b) their resignation, suspension or removal.

(2) Subject to the regulations, a person is to hold and vacate office as a member of a courts board in accordance with the terms of the instrument appointing him.

Payments in respect of expenses, etc.

6 The Lord Chancellor may make such payments to or in respect of members of courts boards by way of reimbursement of expenses, allowances and remuneration as he may determine.

Procedure

7 Regulations may make provision about--

(a) the procedure of courts boards (including quorum);

(b) the validation of proceedings in the event of a vacancy among the members of a courts board or a defect in the appointment of a member.

Interpretation

8 In this Schedule "regulations" means regulations made by the Lord Chancellor.

Section 6

SCHEDULE 2 Abolition of magistrates' courts committees: transfers

Part 1 Property transfer schemes

Property transfer schemes: general

1 (1) The Lord Chancellor may make a scheme or schemes for the transfer to him or another Minister of the Crown of any property, rights or liabilities--

(a) to which magistrates' courts committees are entitled or subject immediately before the appointed day, or

(b) to which any of the persons specified in sub-paragraph (2) is entitled or subject immediately before the appointed day and which then subsist for the purposes of, or in connection with, or are otherwise attributable to, magistrates' courts.

(2) The persons are--

(a) an authority which is a responsible authority for the purposes of the Justices of the Peace Act 1997;

(b) the Receiver for the Metropolitan Police District;

(d) the Common Council of the City of London;

(e) a police authority established under section 3 of the Police Act 1996;

(f) a local probation board;

(g) any other body which acts under any enactment or instrument for public purposes and not for its own profit.

(3) Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect.

(4) In this Schedule "property transfer scheme" means a scheme under sub-paragraph (1).

(5) In this Part of this Schedule "the appointed day" means--

(a) in the case of the transfer of property, rights or liabilities to which magistrates' courts committees are entitled or subject, the day immediately before the abolition day;

(b) in any other case, the day specified in the scheme.

(6) On the day which is the appointed day in relation to property, rights or liabilities to which provisions of a property transfer scheme apply, the property, rights and liabilities are transferred and vest in accordance with those provisions.

(7) In this Schedule "the abolition day" means the day appointed under section 110(1) for the coming into force of section 6(1) (abolition of magistrates' courts committees).

Property transfer schemes and terminated contracts of employment

2 A property transfer scheme may not transfer rights or liabilities under a contract of employment, except where the rights or liabilities--

(a) are those to which a magistrates' courts committee is entitled or subject, and

(b) relate to a person whose contract of employment was terminated before the appointed day.

Property transfer schemes: supplementary

3 (1) A property transfer scheme may provide for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.

(2) A property transfer scheme may provide for the apportionment or division of any property, rights or liabilities.

(3) A property transfer scheme may--

(a) specify property, rights or liabilities to be transferred under or in accordance with the scheme, or

(b) provide for property, rights or liabilities to be transferred to be determined in accordance with the scheme.

4 (1) A property transfer scheme has effect in relation to the property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of any of the property, rights and liabilities.

(2) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of a transfer under a property transfer scheme.

(3) In the case of such a transfer, any such right has effect as if the transferee were the same person in law as the transferor and as if the transfer had not taken place.

5 (1) Such compensation as is just is to be paid to a third party in respect of any right which would, apart from paragraph 4, have operated in favour of, or become exercisable by, him but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or become exercisable by him.

(2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor, by the transferee or by both.

(3) A property transfer scheme may provide for the determination of any disputes as to--

(a) whether, and (if so) how much, compensation is payable by virtue of sub-paragraph (1), and

(b) the person to whom or by whom it is to be paid.

(4) "Third party" means a person other than the transferor or the transferee.

6 Paragraphs 4 and 5 apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property; and references to the transferor and the transferee are to be read accordingly.

7 A certificate issued by the Lord Chancellor that any property, rights or liabilities have, or have not, been transferred under or in accordance with a property transfer scheme is conclusive evidence of the transfer, or of the fact that there has not been a transfer.

Stamp duty

8 (1) Stamp duty is not chargeable in respect of a transfer or grant effected under or in accordance with a property transfer scheme.

(2) No instrument made or executed for the purposes of such a transfer or grant is to be treated as duly stamped unless--

(a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b) it is stamped with the duty to which it would be liable, apart from this paragraph.

Supplementary provisions in property transfer scheme

9 A property transfer scheme may make such supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by the scheme as the Lord Chancellor considers appropriate.

Part 2 Staff transfers

Interpretation

10 In this Part of this Schedule--

(a) "TUPE" means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),

(b) "the appointed day" means the day immediately before the abolition day,

(c) references to a responsible authority are to an authority which is a responsible authority under the Justices of the Peace Act 1997,

(d) references to a responsible authority's relevant functions are to its functions under that Act, and

(e) references to a transferred employee are to an employee transferred to the Lord Chancellor's employment by virtue of paragraph 11 or 12.

Application of TUPE

11 For the purposes of TUPE--

(a) the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and

(b) each such transfer is to be treated as the transfer of an undertaking.

12 (1) For the purposes of TUPE--

(a) the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,

(b) each such transfer is to be treated as the transfer of an undertaking, and

(c) each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.

(2) A person falls within this sub-paragraph if--

(a) immediately before the appointed day he is employed by the responsible authority under a contract of employment,

(b) he spends a substantial part of his time on duties connected with the relevant functions of the authority, and

(c) the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor's employment.

(3) Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.

13 A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.

Restrictions on employment of aliens not to apply to transferred employees

14 Nothing in--

(a) section 3 of the Act of Settlement,

(b) section 6 of the Aliens Restriction (Amendment) Act 1919, or

(c) any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,

applies to the employment of a transferred employee by the Lord Chancellor following his transfer by virtue of paragraph 11 or 12.

Compensation for responsible authorities

15 The Lord Chancellor may, to the extent he thinks fit, compensate a responsible authority in respect of costs incurred by the authority as a result of this Act in respect of a person who--

(a) immediately before the appointed day is employed by the authority under a contract of employment, and

(b) spends part of his time on duties connected with the relevant functions of the authority,

but who is not transferred to the Lord Chancellor's employment by virtue of paragraph 12.

Part 3 Miscellaneous and supplementary

Continuing provision of court-houses, accommodation etc.

16 (1) The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the abolition day was being provided by--

(a) the council of an outer London borough, or

(b) the Common Council of the City of London,

pursuant to regulations made under paragraph 35 of Schedule 14 to the Access to Justice Act 1999 shall on and after that day be provided by that council to the Lord Chancellor for the performance of his functions under section 3.

(2) Regulations under sub-paragraph (1) may--

(a) prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and

(b) prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.

Assistance

17 It is the duty of each magistrates' courts committee, and each person falling within paragraph 1(2) to provide the Lord Chancellor with such information or assistance as he may reasonably require for the purposes of, or in connection with--

(a) the exercise of any powers exercisable by him in relation to a property transfer scheme, or

(b) Part 2 of this Schedule.

Section 45

SCHEDULE 3 Pre-trial hearings in magistrates' courts

After section 8 of the 1980 Act, insert--

" Pre-trial hearings

8A Power to make rulings at pre-trial hearing

(1) For the purposes of this section a hearing is a pre-trial hearing if--

(a) it relates to an information--

(i) which is to be tried summarily, and

(ii) to which the accused has pleaded not guilty, and

(b) it takes place before the start of the trial.

(2) For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins--

(a) to hear evidence from the prosecution at the trial, or

(b) to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).

(3) At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if--

(a) the condition in subsection (5) is met,

(b) the court has given the parties an opportunity to be heard, and

(4) The matters are--

(a) any question as to the admissibility of evidence;

(b) any other question of law relating to the case.

(5) The condition is that, if the accused is not legally represented, the court must--

(a) ask whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service, and

(b) if he does, decide whether or not to grant him that right.

(6) A ruling may be made under this section--

(a) on an application by a party to the case, or

(b) of the court's own motion.

(7) For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.

8B Effect of rulings at pre-trial hearing

(1) Subject to subsections (3) and (6), a ruling under section 8A has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them, is disposed of.

(2) The case against an accused is disposed of if--

(a) he is acquitted or convicted,

(b) the prosecutor decides not to proceed with the case against him, or

(3) A magistrates' court may discharge or vary (or further vary) a ruling under section 8A if--

(a) the condition in section 8A(5) is met,

(b) the court has given the parties an opportunity to be heard, and

(4) The court may act under subsection (3)--

(a) on an application by a party to the case, or

(b) of its own motion.

(5) No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

(6) A ruling under section 8A is discharged in relation to an accused if--

(a) the magistrates' court commits or sends him to the Crown Court for trial for the offence charged in the information, or

(b) a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988.

8C Restrictions on reporting

(1) Except as provided by this section no report of matters falling within subsection (2) may be published in England and Wales.

(2) The following matters fall within this subsection--

(a) a ruling under section 8A;

(b) proceedings on an application for a ruling under section 8A;

(d) proceedings on an application under section 8B for a ruling under section 8A to be discharged, varied or further varied.

(3) A magistrates' court dealing with any matter falling within subsection (2) may order that subsection (1) does not apply, or does not apply to a specified extent, to a report of the matter.

(4) Where there is only one accused and he objects to the making of an order under subsection (3)--

(a) the court may make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so, and

(b) if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.

(5) Where there are two or more accused and one or more of them objects to the making of an order under subsection (3)--

(a) the court may make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so, and

(b) if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.

(6) Subsection (1) does not apply to the publication of a report of matters after the case against the accused or, if more than one, against each of them, is disposed of.

(7) Subsection (1) does not apply to a report which contains only one or more of the following matters--

(a) the identity of the court and the names of the justices;

(b) the names, ages, home addresses and occupations of the accused and witnesses;

(d) the names of counsel and solicitors in the proceedings;

(e) where the proceedings are adjourned, the date and place to which they are adjourned;

(f) any arrangements as to bail;

(g) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

(8) The addresses that may be included in a report by virtue of subsection (7) are addresses--

(a) at any relevant time, and

(b) at the time of their inclusion in the publication.

(9) In subsection (8), "relevant time" means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred.

(10) Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on the publication of a report of any matter.

(11) In this section and in section 8D--

(a) references to publication of a report of matters falling within subsection (2)--

(i) include references to inclusion of those matters in any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but

(ii) do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings;

(b) "relevant programme" means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

8D Offences in connection with reporting

(1) If a report is published in contravention of section 8C each of the following persons is guilty of an offence--

(a) in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(2) If an offence under this section committed by a body corporate is proved--

(a) to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

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