Courts Act 2003
Courts Act 2003 (2003 c. 39)
- Courts Act 2003 (2003 c. 39)
- Part 1 Maintaining the court system
- The general duty
- 1 The general duty
- Court staff and accommodation
- 2 Court officers, staff and services
- 3 Provision of accommodation
- Courts boards
- 4 Establishment of courts boards
- 5 Functions of courts boards
- Abolition of magistrates' courts committees
- 6 Abolition of magistrates' courts committees, etc.
- Part 2 Justices of the peace
- The commission of the peace and local justice areas
- 7 The commission of the peace for England and Wales
- 8 Local justice areas
- Lay justices
- 9 Meaning of “lay justice”
- 10 Appointment of lay justices etc.
- 11 Resignation and removal of lay justices
- 12 The supplemental list
- 13 Entry of names in the supplemental list
- 14 Removal of names from the supplemental list
- 15 Lay justices' allowances
- 16 Records of lay justices
- Chairman and deputy chairmen and the bench
- 17 Chairman and deputy chairmen: selection
- 18 Rights to preside and size of bench
- Supplementary provisions about the bench
- 19 Training, development and appraisal of lay justices
- 20 Rules
- 21 Duty to consult lay justices on matters affecting them etc.
- District Judges (Magistrates' Courts)
- 22 Appointment etc.
- 23 Senior District Judge (Chief Magistrate)
- 24 Deputy District Judges (Magistrates' Courts)
- 25 District Judges (Magistrates' Courts) as justices of the peace
- 26 District Judges (Magistrates' Courts) able to act alone
- Legal advice
- 27 Justices' clerks and assistant clerks
- 28 Function of giving legal advice to justices of the peace
- 29 Directions and independence
- Places, dates and times of sittings
- 30 Places, dates and times of sittings
- Protection and indemnification of justices and justices' clerks
- 31 Immunity for acts within jurisdiction
- 32 Immunity for certain acts beyond jurisdiction
- 33 Striking out proceedings where action prohibited
- 34 Costs in legal proceedings
- 35 Indemnity
- Fines officers and designated officers
- 36 Fines officers
- 36A All functions of fines officers may be contracted-out
- 37 Designated officers and magistrates' courts
- Application of receipts of magistrates' courts etc.
- 38 Application of receipts of designated officers
- 39 Limits to requirements about application of receipts
- 40 Regulations about payments, accounting and banking by designated officers
- Miscellaneous
- 41 Disqualification of lay justices who are members of local authorities
- 42 Effect of Act of Settlement on existing justices of the peace
- Part 3 Magistrates' courts
- Criminal jurisdiction and procedure
- 43 Summons or warrant for suspected offender
- 44 Trial of summary offences
- 45 Power to make rulings at pre-trial hearings
- 46 Power to transfer criminal cases
- Civil jurisdiction and procedure
- 47 Jurisdiction to issue summons and deal with complaints
- 48 Power to transfer civil proceedings (other than family proceedings)
- Family proceedings courts and youth courts
- 49 Family proceedings courts
- 50 Youth courts
- Part 4 Court security
- 51 Court security officers
- 52 Powers of search
- 53 Powers to exclude, remove or restrain persons
- 54 Surrender and seizure of articles
- 54A Powers in relation to jurors' electronic communications devices
- 55 Powers to retain articles surrendered or seized
- 55A Retention of knives surrendered or seized
- 56 Regulations about retention of articles
- 57 Assaulting and obstructing court security officers
- Part 5 Inspectors of court administration
- Part 6 Judges
- Offices, titles, styles etc.
- 62 Head and Deputy Head of Civil Justice
- 63 Ordinary judges of the Court of Appeal
- 64 Power to alter judicial titles
- Flexibility in deployment of judicial resources
- 65 District Judges (Magistrates' Courts) as Crown Court judges etc.
- 66 Judges having powers of District Judges (Magistrates' Courts)
- 67 Removal of restriction on Circuit judges sitting on certain appeals
- PART 6A Exercise of judicial functions by authorised persons
- 67A Meaning of “judicial office holder” and “relevant judicial function”
- 67B Authorisation to exercise relevant judicial functions
- 67C Exercise of relevant judicial functions: reconsideration of decisions
- 67D Directions and independence: authorised persons
- 67E Protection of authorised persons
- 67F Costs in legal proceedings: authorised persons
- 67G Indemnification of authorised persons
- Part 7 Procedure rules and practice directions
- Criminal Procedure Rules and practice directions
- 68 Meaning of “criminal court”
- 69 Criminal Procedure Rules
- 70 Criminal Procedure Rule Committee
- 71 Power to change certain requirements relating to Committee
- 72 Process for making Criminal Procedure Rules
- 72A Rules to be made if required by Lord Chancellor
- 73 Power to amend legislation in connection with the rules
- 74 Practice directions as to practice and procedure of the criminal courts
- Family Procedure Rules and practice directions
- 75 Family Procedure Rules
- 76 Further provision about scope of Family Procedure Rules
- 77 Family Procedure Rule Committee
- 78 Power to change certain requirements relating to Committee
- 79 Process for making Family Procedure Rules
- 79A Rules to be made if required by Lord Chancellor
- 80 Power to amend legislation in connection with the rules
- 81 Practice directions relating to family proceedings
- Civil Procedure Rules
- 82 Civil Procedure Rules
- 83 Civil Procedure Rule Committee
- 84 Power to change certain requirements relating to Committee
- 85 Process for making Civil Procedure Rules
- PART 7ZA Transmission and recording of court and tribunal proceedings
- Remote observation and recording
- 85A Remote observation and recording of proceedings by direction of a court or tribunal
- Offence of recording or transmission
- 85B Offence of recording or transmission in relation to remote proceedings
- PART 7A Civil proceedings: prohibition of cross-examination in person
- 85E Prohibition of cross-examination in person: introductory
- 85F Prohibition of cross-examination in person: victims of offences
- 85G Prohibition of cross-examination in person: persons protected by injunctions etc
- 85H Prohibition of cross-examination in person: evidence of domestic abuse
- 85I Direction for prohibition of cross-examination in person: other cases
- 85J Directions under section 85I: supplementary
- 85K Alternatives to cross-examination in person
- 85L Costs of legal representatives appointed under section 85K(6)
- 85M Guidance for legal representatives appointed under section 85K(6)
- 85N Regulations under Part 7A
- Part 8 Miscellaneous
- Provisions relating to criminal procedure and appeals
- 86 Alteration of place fixed for Crown Court trial
- 86A Requirement to give information in criminal proceedings
- 87 Appeals to Court of Appeal: procedural directions
- 88 Extension of time for criminal appeals to Supreme Court
- 89 Retirement age of Registrar of Criminal Appeals
- 90 Appeals to Courts-Martial Appeal Court: procedural directions
- 91 Extension of time for appeals from Courts-Martial Appeal Court
- Fees and costs
- 92 Fees
- 93 Award of costs against third parties
- 94 Award of costs in appeals under Proceeds of Crime Act 2002
- Fines
- 95 Fixing of fines: failure to furnish statement of financial circumstances
- 96 Recovery of fines etc. by deductions from income support: failure to provide information
- 97 Collection of fines and discharge of fines by unpaid work
- Register of judgments etc. and execution of writs
- 98 Register of judgments and orders etc.
- 99 High Court writs of execution
- Damages
- 100 Periodical payments
- 101 Periodical payments: security
- Provisions relating to Northern Ireland
- 102 Power to alter judicial titles: Northern Ireland
- 103 Official Solicitor of Northern Ireland
- 104 Alteration of place fixed for Crown Court trial: Northern Ireland
- 105 Extension of time for criminal appeals to House of Lords: Northern Ireland
- 106 Fees: Northern Ireland
- Part 9 Final provisions
- 107 Interpretation
- 108 Rules, regulations and orders
- 109 Minor and consequential amendments, repeals, etc.
- 110 Commencement
- 111 Extent
- 112 Short title
- SCHEDULES
- SCHEDULE 1 ...
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- SCHEDULE 2 Abolition of magistrates' courts committees: transfers
- Part 1 Property transfer schemes
- Property transfer schemes: general
- Property transfer schemes and terminated contracts of employment
- Property transfer schemes: supplementary
- Stamp duty
- Supplementary provisions in property transfer scheme
- Part 2 Staff transfers
- Interpretation
- Application of TUPE
- Restrictions on employment of aliens not to apply to transferred employees
- Compensation for responsible authorities
- Part 3 Miscellaneous and supplementary
- Continuing provision of court-houses, accommodation etc.
- Assistance
- SCHEDULE 3 Pre-trial hearings in magistrates' courts
- SCHEDULE 3A Further provision about the inspectors of court administration
- SCHEDULE 4 Further functions conferred on District Judges (Magistrates' Courts)
- Criminal Justice Act 1967 (c. 80)
- Taxes Management Act 1970 (c. 9)
- Juries Act 1974 (c. 23)
- Police and Criminal Evidence Act 1984 (c. 60)
- Computer Misuse Act 1990 (c. 18)
- Data Protection Act 1998 (c. 29)
- Terrorism Act 2000 (c. 11)
- Regulation of Investigatory Powers Act 2000 (c. 23)
- Freedom of Information Act 2000 (c. 36)
- International Criminal Court Act 2001 (c. 17)
- Armed Forces Act 2001 (c. 19)
- SCHEDULE 5 Collection of fines AND OTHER SUMS IMPOSED ON CONVICTION
- Part 1 Introductory
- Application of Schedule
- Meaning of “the sum due” etc
- Meaning of “existing defaulter” etc.
- Part 2 Immediate payment of fines: discounts
- Application of Part
- Court’s duty in relation to discount
- The discount
- Part 3 Attachment of earnings orders and applications for benefit deductions
- Application of Part
- Attachment of earnings order or application for benefit deductions where P is liable to pay compensation
- Attachment of earnings order or application for benefit deductions without P’s consent
- Attachment of earnings order or application for benefit deductions with P’s consent
- Part 3A Disclosure of information, and meaning of "relevant benefit" etc
- Disclosure of information in connection with making of attachment of earnings order or application for benefit deductions
- Restrictions on disclosure
- Paragraphs 9A and 9B: supplementary
- Meaning of “relevant benefit” and “application for benefit deductions”
- Application of this Part to person with automatic online conviction
- PART 3B JUSTICE ACT (NORTHERN IRELAND) 2016: INFORMATION SHARING
- Attachment of earnings orders: disclosure of information
- Part 4 Making of collection orders
- Application of Part
- Court’s power to make a collection order
- Contents of collection orders: general
- Contents of collection orders: no attachment of earnings order etc. made
- Contents of collection orders: attachment of earnings order etc. made
- When an attachment of earnings order fails
- When an application for benefit deductions fails
- Part 5 Discount where collection order made
- Application of Part
- Discount on fine if the sum due is paid without default
- Meaning of “in default on a collection order”
- Part 6 Variation of collection orders containing payment terms
- Application of Part
- Application to fines officer for variation of order or attachment of earnings order etc.
- Appeal against decision of fines officer
- Nature of power to vary terms of collection order
- Meaning of “in default on a collection order”
- Part 7 Effect of first default on collection order containing payment terms
- Application of Part
- Attachment of earnings order or application for benefit deductions to be made
- Increase in fine
- Notice of increase etc.
- Part 8 Operation of collection orders containing reserve terms
- Application of Part
- Requirement to notify P on failure of an attachment of earnings order etc.
- Application to fines officer for variation of reserve terms
- Appeal against decision of fines officer
- Increase in fine on first default
- Notice of increase etc.
- Part 9 FURTHER STEPS
- Effect of compliance with requirement to contact fines officer
- Application to fines officer after increase for variation of payment terms
- Functions of fines officer in relation to defaulters: referral or further steps notice
- Issue by fines officer of replacement notice
- The range of further steps available against defaulters
- Powers of court . . .
- Implementation of further steps notice
- Withdrawal of warrant of control by fines officer
- Discharge of warrant of control by magistrates' court
- Duty of fines officer if warrant of control withdrawn or discharged
- Power to order sale of clamped vehicle
- Power of fines officer to refer case to magistrates' court
- Increase in fine by court
- Part 10 Supplementary provisions
- Fines collection regulations
- Offences of providing false information, failing to disclose information etc.
- Offence of meddling with vehicle clamp
- Meaning of “standard powers in respect of persons liable to pay fines or other sums”
- Meaning of references to pending appeals
- Meaning of “10 working days”
- Meaning of “the magistrates' court”
- SCHEDULE 6 Discharge of fines by unpaid work
- Introductory
- Cases where work order may be made
- Provisions of order
- Effect of order on enforcement of payment
- Appointment of, and duties of, supervisor
- Obligations of person subject to work order, and effect of compliance
- Effect of payment
- Revocation or variation of order
- Allowing for work done
- Effect of revocation
- Order not directly enforceable
- Evidence of supervisor
- Provision of information
- SCHEDULE 7 Enforcement of Certain Writs and Warrants
- Enforcement officers: general
- Districts for writs and warrantsenforced by enforcement officers
- Enforcement officers: authorisation and assignment to districts
- Direction of writs of execution to enforcement officers
- Issue of certain warrants to enforcement officers
- Enforcement officers to have traditional powers etc. of sheriff
- Constable’s duty to assist enforcement officers
- Writs of execution against goods
- Application of paragraphs 7 to 11
- Endorsement of writ with date and time of receipt
- Effect of writ
- Seizure of goods
- Sale of goods seized
- Protection of officers selling seized goods
- Supplementary
- Regulations
- SCHEDULE 8 Minor and consequential amendments
- Parochial Libraries Act 1708 (c. 14)
- Distress for Rent Act 1737 (c. 19)
- Inclosure Act 1773 (c. 81)
- Sale of Farming Stock Act 1816 (c. 50)
- Burial Ground Act 1816 (c. 141)
- Inclosure and Drainage (Rates) Act 1833 (c. 35)
- Judgments Act 1838 (c. 110)
- Metropolitan Police Act 1839 (c. 47)
- Ordnance Survey Act 1841 (c. 30)
- Railway Regulation Act 1842 (c. 55)
- Defence Act 1842 (c. 94)
- London Hackney Carriages Act 1843 (c. 86)
- Companies Clauses Consolidation Act 1845 (c. 16)
- Lands Clauses Consolidation Act 1845 (c. 18)
- Railway Clauses Consolidation Act 1845 (c. 20)
- Geological Survey Act 1845 (c. 63)
- Markets and Fairs Clauses Act 1847 (c. 14)
- Harbours, Docks and Piers Clauses Act 1847 (c. 27)
- Towns Improvement Clauses Act 1847 (c. 34)
- Cemeteries Clauses Act 1847 (c. 65)
- Town Police Clauses Act 1847 (c. 89)
- Hares Act 1848 (c. 29)
- Indictable Offences Act 1848 (c. 42)
- Evidence Act 1851 (c. 99)
- Inclosure Act 1859 (c. 43)
- Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)
- Defence Act 1860 (c. 112)
- Offences Against the Person Act 1861 (c. 100)
- Poaching Prevention Act 1862 (c. 114)
- Criminal Procedure Act 1865 (c. 18)
- Dockyard Ports Regulation Act 1865 (c. 125)
- Newspapers, Printers and Reading Rooms Repeal Act 1869 (c. 24)
- Promissory Oaths Act 1871 (c. 48)
- Prevention of Crimes Act 1871 (c. 112)
- Fairs Act 1873 (c. 37)
- Commons Act 1876 (c. 56)
- Municipal Corporations Act 1882 (c. 50)
- Explosive Substances Act 1883 (c. 3)
- Sheriffs Act 1887 (c. 55)
- Local Government Act 1888 (c. 41)
- Behring Sea Award Act 1894 (c. 2)
- Public Health Acts Amendment Act 1907 (c. 53)
- Indictments Act 1915 (c. 90)
- Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
- Criminal Justice Act 1925 (c. 86)
- Children and Young Persons Act 1933 (c. 12)
- Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)
- Public Offices (Site) Act 1947 (c. 45)
- The National Assistance Act 1948 (c. 29)
- Criminal Justice Act 1948 (c. 58)
- Prevention of Damage by Pests Act 1949 (c. 55)
- Marriage Act 1949 (c. 76)
- National Parks and Access to the Countryside Act 1949 (c. 97)
- Maintenance Orders Act 1950 (c. 37)
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- Prison Act 1952 (c. 52)
- Army Act 1955 (3 & 4 Eliz. 2 c. 18)
- Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
- Naval Discipline Act 1957 (c. 53)
- Maintenance Orders Act 1958 (c. 39)
- Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)
- Obscene Publications Act 1959 (c. 66)
- Road Traffic Act 1960 (c. 16)
- Caravan Sites and Control of Development Act 1960 (c. 62)
- Administration of Justice Act 1960 (c. 65)
- Betting, Gaming and Lotteries Act 1963 (c. 2)
- Offices, Shops and Railway Premises Act 1963 (c. 41)
- Administration of Justice Act 1964 (c. 42)
- Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
- Compulsory Purchase Act 1965 (c. 56)
- Public Works Loans Act 1965 (c. 63)
- Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
- National Loans Act 1968 (c. 18)
- Criminal Appeal Act 1968 (c. 19)
- Courts-Martial (Appeals) Act 1968 (c. 20)
- Gaming Act 1968 (c. 65)
- Children and Young Persons Act 1969 (c. 54)
- Taxes Management Act 1970 (c. 9)
- Administration of Justice Act 1970 (c. 31)
- Courts Act 1971 (c. 23)
- Attachment of Earnings Act 1971 (c. 32)
- Fire Precautions Act 1971 (c. 40)
- Immigration Act 1971 (c. 77)
- Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
- Civil Evidence Act 1972 (c. 30)
- Criminal Justice Act 1972 (c. 71)
- Administration of Justice Act 1973 (c. 15)
- Matrimonial Causes Act 1973 (c. 18)
- Breeding of Dogs Act 1973 (c. 60)
- Juries Act 1974 (c. 23)
- Friendly Societies Act 1974 (c. 46)
- Solicitors Act 1974 (c. 47)
- Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34)
- Salmon and Freshwater Fisheries Act 1975 (c. 51)
- Safety of Sports Grounds Act 1975 (c. 52)
- Bail Act 1976 (c. 63)
- Race Relations Act 1976 (c. 74)
- Administration of Justice Act 1977 (c. 38)
- Criminal Law Act 1977 (c. 45)
- Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
- Judicature (Northern Ireland) Act 1978 (c. 23)
- Protection of Children Act 1978 (c. 37)
- Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
- Magistrates' Courts Act 1980 (c. 43)
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- Highways Act 1980 (c. 66)
- Zoo Licensing Act 1981 (c. 37)
- Senior Courts Act 1981
- Betting and Gaming Duties Act 1981 (c. 63)
- Civil Jurisdiction and Judgments Act 1982 (c. 27)
- Administration of Justice Act 1982 (c. 53)
- County Courts Act 1984 (c. 28)
- Matrimonial and Family Proceedings Act 1984 (c. 42)
- Building Act 1984 (c. 55)
- Police and Criminal Evidence Act 1984 (c. 60)
- Prosecution of Offences Act 1985 (c. 23)
- Local Government Act 1985 (c. 51)
- Transport Act 1985 (c. 67)
- Insolvency Act 1986 (c. 45)
- Company Directors Disqualification Act 1986 (c. 46)
- Fire Safety and Safety of Places of Sport Act 1987 (c. 27)
- Coroners Act 1988 (c. 13)
- Criminal Justice Act 1988 (c. 33)
- Local Government Finance Act 1988 (c. 41)
- Road Traffic Act 1988 (c. 52)
- Road Traffic Offenders Act 1988 (c. 53)
- Dangerous Dogs Act 1989 (c. 30)
- Extradition Act 1989 (c. 33)
- Football Spectators Act 1989 (c. 37)
- Children Act 1989 (c. 41)
- Local Government and Housing Act 1989 (c. 42)
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Computer Misuse Act 1990 (c. 18)
- Courts and Legal Services Act 1990 (c. 41)
- Criminal Justice Act 1991 (c. 53)
- Dangerous Dogs Act 1991 (c. 65)
- Social Security Administration Act 1992 (c. 5)
- Local Government Finance Act 1992 (c. 14)
- Friendly Societies Act 1992 (c. 40)
- Charities Act 1992 (c. 41)
- Protection of Badgers Act 1992 (c. 51)
- Tribunals and Inquiries Act 1992 (c. 53)
- Pension Schemes Act 1993 (c. 48)
- Vehicle Excise and Registration Act 1994 (c. 22)
- Value Added Tax Act 1994 (c. 23)
- Drug Trafficking Act 1994 (c. 37)
- Road Traffic (New Drivers) Act 1995 (c. 13)
- Merchant Shipping Act 1995 (c. 21)
- Criminal Appeal Act 1995 (c. 35)
- Disability Discrimination Act 1995 (c. 50)
- Reserve Forces Act 1996 (c. 14)
- Police Act 1996 (c. 16)
- Criminal Procedure and Investigations Act 1996 (c. 25)
- National Minimum Wage Act 1998 (c. 39)
- Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)
- Youth Justice and Criminal Evidence Act 1999 (c. 23)
- Terrorism Act 2000 (c. 11)
- Freedom of Information Act 2000 (c. 36)
- Criminal Justice and Court Services Act 2000 (c. 43)
- Vehicles (Crime) Act 2001 (c. 3)
- Private Security Industry Act 2001 (c. 12)
- Criminal Justice and Police Act 2001 (c. 16)
- International Criminal Court Act 2001 (c. 17)
- Proceeds of Crime Act 2002 (c. 29)
- Adoption and Children Act 2002 (c. 38)
- SCHEDULE 9 Transitional provisions and savings
- Interpretation
- Orders contracting out the provision of officers and staff
- Local justice areas
- Appointment and assignment of lay justices
- The supplemental list
- Keepers of the rolls
- Chairman and deputy chairmen of the bench
- Senior District Judge (Chief Magistrate)
- Justices' clerks and assistant clerks
- Family proceedings courts
- Youth courts
- Inspectors of court administration
- Collection of fines and discharge of fines by unpaid work
- Register of judgments and orders
- SCHEDULE 10 Repeals
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