Police and Magistrates' Courts Act 1994 (c. 29)

(The document as of February, 2008)

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(b) gives notice in accordance with the regulations that he does not wish to be legally represented,

he may be dismissed, required to resign or reduced in rank without his being legally represented.

(6) If an officer has given notice in accordance with the regulations that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented. "

34 (1) Section 105 of that Act (guidelines) shall be amended as follows.

(2) In subsection (1)--

(a) after the words "issue guidance" there shall be inserted the words "to police authorities,"

(b) for paragraph (b) there shall be substituted--

" (b) under regulations made under section 33 of the Police Act 1964 in relation to the matters mentioned in subsection (2)(e) of that section; " , and

(c) after the word "and", in the third place where it occurs, there shall be inserted the words "police authorities and".

(3) For subsection (3) there shall be substituted--

" (3) A failure on the part of a police authority or a police officer to have regard to any guidance issued under subsection (1) above shall be admissible in evidence on any appeal from a decision taken in proceedings under regulations made in accordance with subsection (3) of section 33 of the [1964 c. 48.] Police Act 1964. "

(4) In subsection (4)--

(a) the words from "affecting" to "charges", and

(b) the words "and are not governed by section 104 above",

shall be omitted.

35 (1) Section 107 of that Act (police officers performing duties of higher rank) shall be amended as follows.

(2) In subsection (1) for the words "he has been" onwards there shall be substituted--

" (a) he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise, or

(b) he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise. "

(3) In subsection (2) for the words "chief superintendent" there shall be substituted the word "superintendent".

36 (1) Schedule 4 to that Act (Police Complaints Authority) shall be amended as follows.

(2) For paragraph 1(6) (appointment of two deputy chairmen) there shall be substituted--

" (6) The Secretary of State may appoint not more than two of the members of the Authority to be deputy chairmen. "

(3) In paragraph 3(4) (grounds on which members can be removed) after paragraph (d) there shall be inserted--

" (da) he has acted improperly in relation to his duties, or " .

Public Order Act 1986

37 In section 15 of the [1986 c. 64.] Public Order Act 1986 (delegation of functions of chief officer of police), for the words "a deputy or", in both places where they occur, there shall be substituted the word "an".

Channel Tunnel Act 1987

38 (1) Section 14 of the [1987 c. 53.] Channel Tunnel Act 1987 (arrangements for the policing of the tunnel system) shall be amended as follows.

(2) In subsections (1), (2) and (3) for the words "of the county of Kent" there shall be substituted the words "maintained for the Kent police area".

(3) In subsections (4) and (5)--

(a) for the words "police committee for the county of Kent" there shall be substituted the words "Kent Police Authority", and

(b) for the word "committee", in the second place where it occurs, there shall be substituted the word "Authority".

Tribunals and Inquiries Act 1992

39 In section 7 of the [1992 c. 53.] Tribunals and Inquiries Act 1992 (which restricts Ministers' powers to remove members of tribunals listed in Schedule 1 to that Act), in subsection (2) (tribunals to which that section does not apply)--

(a) after "36(a)," there shall be inserted "36A,", and

(b) for the words "or 56(a)" there shall be substituted the words ", 56(a) or 57A".

40 (1) Schedule 1 to that Act (tribunals under general supervision of Council on Tribunals) shall be amended as follows.

(2) In Part I (tribunals under the direct supervision of the Council), after paragraph 36 there shall be inserted--

" 36A Police

An appeals tribunal constituted in accordance with Schedule 5 to the Police Act 1964 (c. 48). "

(3) In Part II (tribunals under the supervision of the Scottish Committee of the Council), after paragraph 57 there shall be inserted--

" 57A Police

An appeals tribunal constituted in accordance with Schedule 3 to the Police (Scotland) Act 1967 (c. 77). "

Section 55.

SCHEDULE 6 Schedule to be inserted in Police (Scotland) Act 1967: appeals tribunals

" SCHEDULE 3 APPEALS

Police Appeals Tribunals

1 (1) In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom--

(a) one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of this Schedule;

(b) one shall be a member of a police authority, other than the relevant police authority; and

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

2 (1) In the case of an appeal by a constable who is not a senior officer, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom--

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a) of this Schedule;

(b) one shall be a member of the authority;

(c) one shall be a person chosen from a list maintained by the Secretary of State of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the police force; and

(d) one shall be a retired constable of appropriate rank.

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

Notice of appeal

3 An appeal shall be instituted by giving notice of appeal within the time prescribed by rules under section 30 of this Act.

Respondent

4 On any appeal the respondent shall be the person prescribed by rules under section 30 of this Act.

Casting vote

5 Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

Hearing

6 (1) A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

(2) Where a hearing is held, the appellant shall have the right to be represented by a serving constable or by an advocate or a solicitor; and the respondent to be represented by a constable of the force maintained by, or an officer of, the relevant police authority or by an advocate or a solicitor.

Effect

7 (1) Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.

(2) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, or in his rank he shall, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the order for the purposes of pay, be deemed to have served in the force or in that rank continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Tribunal remuneration and expenses

8 Members of a police appeals tribunal shall be--

(a) paid such remuneration; and

(b) reimbursed for such expenses,

as the Secretary of State may determine.

Expenses of proceedings

9 (1) An appellant shall pay the whole of his own expenses unless the police appeals tribunal directs that the whole or any part of those expenses are to be paid by the relevant police authority.

(2) Subject to sub-paragraph (1) of this paragraph, all the expenses of an appeal under section 30 of this Act, including the expenses of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be paid by the relevant police authority.

Interpretation

10 In this Schedule--

(a) "senior officer" means a constable holding a rank above that of superintendent;

(b) "relevant police authority" means the police authority for the area for which the police force of which the appellant is a constable is maintained; and

(i) where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and

(ii) in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below. "

Section 82.

SCHEDULE 7 Continuing Functions of Receiver for the Metropolitan Police District in Relation to Pensions etc. of Court Staff

1 In this Schedule--

"court staff" has the same meaning as in section 59 of the 1979 Act,
"the inner London magistrates' courts committee" has the same meaning as in section 82 of this Act,
"the Receiver" means the Receiver for the Metropolitan Police District, and
"responsible authority" has the same meaning as in section 55 of the 1979 Act.

2 The Receiver shall pay out of the metropolitan police fund any superannuation benefits payable in respect of justices' clerks and other officers employed by the committee of magistrates or the inner London magistrates' courts committee under any enactment or instrument applied to those clerks or other officers by regulations having effect in accordance with section 15(9) of the Superannuation [1967 c. 28.] (Miscellaneous Provisions) Act 1967, other than benefits payable by the London Residuary Body, and any superannuation contributions and other payments for which the inner London magistrates' courts committee may be liable as their employer under any such enactment or instrument.

3 Nothing in paragraph 2 above shall require the Receiver to incur any expenditure or make any payment which would cause the net cost to him in any year of the matters mentioned in paragraph 4 below to exceed the amount which, in relation to that year, is for the time being determined by the Lord Chancellor under paragraph 5(b) below.

4 The Lord Chancellor may out of money provided by Parliament pay to the Receiver grants towards the net cost to the Receiver in any year--

(a) of the Receiver's functions under paragraph 2 above, and

(b) of the Receiver's functions corresponding to those of responsible authorities under regulations made, or having effect as if made, under section 7 of the [1972 c. 11.] Superannuation Act 1972 with respect to court staff.

5 The amount of any grant under paragraph 4 above towards the net cost to the Receiver in any year of the matters mentioned in that paragraph shall not exceed 80 per cent of whichever of the following is the less, namely--

(a) that net cost, and

(b) the amount which, in relation to that year, is for the time being determined for the purposes of this paragraph by the Lord Chancellor.

6 In subsections (5), (6) and (7) of section 59 of the 1979 Act (grants by Lord Chancellor to responsible authorities)--

(a) references to that section include references to this Schedule, and

(b) references to the matters mentioned in subsection (1) of that section include references to the matters mentioned in paragraph 4 above.

Section 91.

SCHEDULE 8 Magistrates' courts: minor and consequential amendments

Part I Amendments of [1979 c. 55.] Justices of the Peace Act 1979

1 (1) Section 12 of the 1979 Act (travelling, subsistence and financial loss allowances) shall be amended as follows.

(2) In subsection (5) for paragraph (b) there shall be substituted--

" (b) in relation to the inner London area--

(i) the council of the inner London borough which is or includes the petty sessions area for which the justice acts, or

(ii) where the justice acts for a petty sessions area which is partly included in two or more inner London boroughs, the councils of those boroughs; " .

(3) After that subsection there shall be inserted--

" (5A) Where by virtue of subsection (5)(b)(ii) above an allowance under this section is payable jointly by two or more inner London boroughs, the manner in which it is to be borne by each of them shall be determined by agreement between them or, in default of agreement, by the Lord Chancellor. "

2 (1) Section 17 (chairman and deputy chairmen of justices) shall be amended as follows.

(2) In subsection (1), after the words "for the area" there shall be inserted the words "; and any contested election for the purposes of this section shall be held".

(3) In subsection (2), for the words "subsection (3)" there shall be substituted the words "subsections (2A) and (3)".

(4) After subsection (2) there shall be inserted--

" (2A) Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court. "

3 In section 18 (rules as to chairmanship and size of bench) in subsection (2)--

(a) in paragraph (b), after the words "petty sessions area" there shall be inserted the words "(including any procedure for nominating candidates at any such election)", and

(b) for paragraph (c) there shall be substituted--

" (c) as to courses of instruction to be completed by justices before they may preside in court;

(d) as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and

(e) as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him. "

4 (1) Section 19 (general provisions as to magistrates' courts committees) shall be amended as follows.

(2) In subsection (1), for the words from "in relation to" to "this Act or" there shall be substituted the words "as are or may be conferred on them by or under this or any other Act and such other functions relating to matters of an administrative character".

(3) In subsection (2), for the words "subsection (3) below" there shall be substituted the words "section 69 of the Police and Magistrates' Courts Act 1994 and to any order made under subsection (3) of this section before the commencement of that section".

(4) Subsections (3) and (4) shall be omitted.

5 In section 22 (supplementary provisions as to magistrates' courts committees), in subsection (3) for the words "section 20" there shall be substituted the words "section 21".

6 (1) Section 23 (powers and duties of committee as to petty sessional divisions) shall be amended as follows.

(2) In subsection (1)--

(a) the words from "acting" to "boroughs" shall cease to have effect, and

(b) for the words "the county, district or borough" there shall be substituted the words "their area".

(3) In subsection (2) for the words "the county, district or borough, as the case may be" there shall be substituted the words "their area".

(4) In subsection (4) for the words "a non-metropolitan county or metropolitan district or any of the outer London boroughs", in both places where they occur, there shall be substituted the words "an area".

7 (1) Section 24 (procedure relating to section 23) shall be amended as follows).

(2) In subsection (1)(a)--

(a) for the words "council of the" there shall be substituted the words "council of every",

(b) the word "outer" shall be omitted, and

(3) In subsection (2)--

(a) for the words "council of the" there shall be substituted the words "council of every",

(b) the word "outer" shall be omitted, and

(4) In subsection (5)--

(a) the words "in a non-metropolitan county, metropolitan district or outer London borough" shall be omitted, and

(b) at the end there shall be inserted the words "or by section 69 of the Police and Magistrates' Courts Act 1994".

8 (1) Section 24A (alteration of names of petty sessions areas outside inner London area) shall be amended as follows.

(2) In subsection (1) the words "for an area mentioned in section 19(2) above other than the City of London" shall be omitted.

(3) After subsection (2) there shall be inserted--

" (2A) Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed. "

9 In section 24B (procedure relating to section 24A), for the words "outer London borough" in subsections (1)(a) and (2) there shall be substituted the words "London borough".

10 (1) Section 26 (qualifications for appointment as justices' clerk) shall be amended as follows.

(2) In subsection (1) the words "of any class or description" and, in paragraph (a), the words from "and is within" to "that class or description" shall be omitted.

(3) For subsection (3) there shall be substituted--

" (3) A person not having the qualification which is required by subsection (1)(a) above may be appointed as justices' clerk if at the time of the appointment he is a barrister or solicitor and has served for not less than five years as assistant to a justices' clerk. "

(4) Subsections (2), (4) and (5) shall be omitted.

11 (1) Section 27 (conditions of service and staff of justices' clerks) shall be amended as follows.

(2) Subsections (1) to (5) and (7) and (9) shall be omitted.

(3) For subsection (6) there shall be substituted--

" (6) A magistrates' courts committee may employ staff on such terms as they think fit. "

(4) At the end of subsection (8) there shall be added the words "or approved by the Lord Chancellor in accordance with the rules".

12 In section 28 (general powers and duties of justices' clerks), in subsection (1A), paragraphs (b) and (c) shall be omitted.

13 In section 30 (person acting as substitute clerk to justices), in subsection (1) the words "outside the inner London area" shall be omitted.

14 In section 32 (allocation and sittings of metropolitan stipendiary magistrates), in subsection (1), for the words "constituted under section 36 of this Act" there shall be substituted the words "of the inner London area".

15 After section 34A of the 1979 Act there shall be inserted--

" Justices' clerks for youth courts and family proceedings courts

34B Appointment of justices' clerks for youth courts and family proceedings courts.

(1) The inner London magistrates' courts committee shall appoint one or more justices' clerks for the youth courts and family proceedings courts for the metropolitan area.

(2) Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices' clerk appointed under subsection (1) above as they have effect in relation to a justices' clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.

(3) In this section--

"the inner London magistrates' courts committee" means the magistrates' courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, all the magistrates courts' committees for areas which consist of or include any part of the inner London area acting jointly; and
"the metropolitan area" means the inner London area and the City of London. "

16 Section 36 (petty sessional divisions in inner London area) and section 36A (alteration of names of petty sessions area in inner London area) shall be omitted.

17 In section 42 (no petty sessional divisions in the City) for the words "section 41 above" there shall be substituted the words "this Act".

18 (1) Section 53 (indemnification of justices and justices' clerks) shall be amended as follows.

(2) In subsection (3), in paragraph (b), for the words "the local authority" there shall be substituted the words "any paying authority".

(3) After subsection (3) there shall be inserted--

" (3A) Where there are two or more paying authorities in relation to any justice or justices' clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates' courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor. "

(4) In subsection (4) for the words "this section" there shall be substituted the words "subsection (3) above".

(5) For subsection (5) there shall be substituted--

" (5) In this section--

"justices' clerk" includes any person appointed by a magistrates' courts committee to assist a justices' clerk,
"local funds", in relation to a justice or justices' clerk, means funds out of which the expenses of the magistrates' courts committee for the area for which he acted at the material time are payable, and
"paying authority", in relation to a justice or justices' clerk, means any authority which is a paying authority for the purposes of section 55 of this Act in relation to the magistrates' courts committee for the area for which he acted at the material time. "

19 (1) Section 59 (grants by Lord Chancellor to responsible authorities) shall be amended as follows.

(2) In subsection (1)--

(a) in paragraph (b) after the word "7" there shall be inserted the words "or 24", and

(b) for the word "and" immediately following that paragraph there shall be substituted--

" (bb) of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and " .

(3) For subsection (8) there shall be substituted--

" (8) In this section--

"court staff" means justices' chief executives, justices' clerks and staff of magistrates' courts committees, and
"responsible authority" has the same meaning as in section 55 of this Act. "

20 In section 62 (defaults of justices' clerks and their staffs), in subsection (1), for the words "a person employed to assist a justices' clerk" there shall be substituted the words "any staff of a magistrates' courts committee".

21 In section 63 (courses of instruction), in subsection (5), for the words "and their staffs" there shall be substituted the words "and for staff of magistrates' courts committees".

22 In section 70 (interpretation), for the definition of "magistrate" there shall be substituted--

" "magistrate"--

(a) in relation to a commission area, means a justice of the peace for the commission area, other than a justice whose name is for the time being entered in the supplemental list,

(b) in relation to a part of a commission area, means a person who (in accordance with paragraph (a) of this definition) is a magistrate for that area and ordinarily acts in and for that part of it, and

(c) in relation to a magistrates' courts committee area, means a person who (in accordance with paragraphs (a) and (b) of this definition) is a magistrate for that area or any part of that area;

"magistrates' courts committee area" means the area to which a magistrates' courts committee relates; " .

23 In Schedule 1, in paragraph 17 (saving for superannuation provisions), for the words "55 to 58" there shall be substituted the words "55 and 56".

Part II Amendments of other enactments

London Building Acts (Amendment) Act 1939

24 In section 151 of the [1939 c. xcvii.] London Building Acts (Amendment) Act 1939 (Crown exemptions), in subsection (1)(bb) the words from "the magistrates' courts" to "City of London)" shall be omitted and for the words "that area" in the second place where they occur there shall be substituted the words "the inner London area within the meaning of the Justices of the [1979 c. 55.] Peace Act 1979".

Superannuation (Miscellaneous Provisions) Act 1967

25 In section 15 of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs), in subsection (1)(a)(ii), for the words from "or other officer" to "that area" there shall be substituted the words ", as a justices' chief executive for that area or as staff of the magistrates' courts committee for that area".

Pensions (Increase) Act 1971

26 In Schedule 2 to the [1971 c. 56.] Pensions (Increase) Act 1971 (list of official pensions for the purposes of that Act), in paragraph 47, at the end of paragraph (b) there shall be added the words-- " or as staff of such a committee; or

27 In Schedule 6 to that Act (employments relevant to section 13(2) of that Act), in paragraph (d) after the words "for that area" there shall be inserted the words "or by any magistrates' courts committee whose area includes all or part of that area".

Juries Act 1974

28 In Schedule 1 to the Juries [1974 c. 23.] Act 1974, in Group B of Part I (persons ineligible) for the entry beginning "Justices' clerks" there shall be substituted-- " Justices' chief executives, justices' clerks and justices' clerks' assistants. "

Domestic Proceedings and Magistrates' Courts Act 1978

29 In section 30 of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978 (provisions as to jurisdiction and procedure), in subsection (1) for the words "the committee of magistrates"' there shall be substituted the words "a magistrates' courts committee".

Magistrates' Courts Act 1980

30 In section 70 of the [1980 c. 43.] Magistrates' Courts Act 1980 (jurisdiction of magistrates' courts in inner London for domestic proceedings), for the words "committee of magistrates" in subsections (1) and (2) there shall be substituted the words "magistrates' courts committee whose area consists of or includes that petty sessions area".

31 In section 145 of that Act, subsection (1)(d) (by virtue of which rules may make provision as to the extent to which a justices' clerk may engage in practice as a legal representative) shall be omitted.

Road Traffic Offenders Act 1988

32 In section 82 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (accounting for fixed penalties in England and Wales), for subsection (2) there shall be substituted--

" (2) Where, in England and Wales, a justices' clerk for a petty sessions area comprised in the area of one magistrates' courts committee ("the first committee") discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another magistrates' courts committee ("the second committee")--

(a) the paying authority or authorities in relation to the second committee must make to the paying authority or authorities in relation to the first committee such payment in connection with the discharge of those functions as may be agreed between all the paying authorities concerned or, in default of such agreement, as may be determined by the Lord Chancellor, and

(b) any such payment between paying authorities shall be taken into account in determining for the purposes of section 59 of the Justices of the [1979 c. 55.] Peace Act 1979 the net cost to the responsible authorities of the functions referred to in subsection (1) of that section.

(2A) In subsection (2) above "paying authority" and "responsible authority" have the same meaning as in section 55 of the Justices of the Peace Act 1979. "

Criminal Justice Act 1991

33 (1) Section 76 of the [1991 c. 53.] Criminal Justice Act 1991 (provision of court security officers) shall be amended as follows.

(2) In subsections (1)(b) and (2), for the words "responsible authority" there shall be substituted the words "paying authority or authorities".

(3) In subsection (3)--

(a) the words from "in relation to" to "inner London area" shall be omitted, and

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