Magistrates’ Courts Act 1980
Magistrates’ Courts Act 1980 (1980 c. 43)
- Magistrates’ Courts Act 1980 (1980 c. 43)
- Part I Criminal Jurisdiction and Procedure
- Jurisdiction to issue process and deal with charges
- 1 Issue of summons to accused or warrant for his arrest.
- 2 Trial of summary offences
- 3 Offences committed on boundaries, etc.
- 3A Offences committed on ships and abroad.
- 3B Transfer of trials of summary offences.
- Committal proceedings
- 4 General nature of committal proceedings.
- 5 Adjournment of inquiry.
- 5A Evidence which is admissible.
- 5B Written statements.
- 5C Depositions.
- 5D Statements.
- 5E Other documents.
- 5F Proof by production of copy.
- 6 Discharge or committal for trial.
- 7 Place of trial on indictment.
- 8 Restrictions on reports of commital proceedings.
- Pre-trial hearings
- 8A Power to make rulings at pre-trial hearing
- 8B Effect of rulings at pre-trial hearing
- 8C Restrictions on reporting
- 8D Offences in connection with reporting
- Summary trial of information
- 9 Procedure on trial.
- 10 Adjournment of trial.
- 11 Non-appearance of accused: general provisions.
- 12 Non-appearance of accused: plea of guilty.
- 12A Application of section 12 where accused appears.
- 13 Non-appearance of accused: issue of warrant.
- 14 Proceedings invalid where accused did not know of them.
- 15 Non-appearance of prosecutor.
- 16 Non-appearance of both parties.
- Trial by single justice on the papers
- 16A Trial by single justice on the papers
- 16B Cases not tried in accordance with section 16A
- 16C Cases that cease to be tried in accordance with section 16A
- 16D Sections 16B and 16C: further provision
- 16E Accused not aware of single justice procedure notice
- 16F Admissibility of statements
- Automatic online conviction and penalty for certain summary offences
- 16G The automatic online conviction option
- 16H Conviction
- 16I Penalties and other liabilities
- 16J Regulations about penalties etc under section 16I
- 16K Timing and status of conviction and penalty
- 16L Notice of conviction and penalty
- 16M Powers to set aside a conviction or replace a penalty etc
- Offences triable on indictment or summarily
- 17 Certain offences triable either way.
- 17A Initial procedure: accused to indicate intention as to plea.
- 17B Intention as to plea: absence of accused.
- 17C Intention as to plea: adjournment.
- 17D Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences
- 17E Functions under sections 17A to 17D capable of exercise by single justice
- 18 Initial procedure on information against adult for offence triable either way.
- 19 Decision as to allocation
- 20 Procedure where summary trial appears more suitable
- 20A Procedure where summary trial appears more suitable: supplementary
- 21 Procedure where trial on indictment appears more suitable
- 22 Certain offences triable either way to be tried summarily if value involved is small.
- 22A Low-value shoplifting to be a summary offence
- 23 Power of court, with consent of legally represented accused, to proceed in his absence.
- 24 Summary trial of information against child or young person for indictable offence.
- 24A Child or young person to indicate intention as to plea in certain cases
- 24B Intention as to plea by child or young person: absence of accused
- 24C Intention as to plea by child or young person: adjournment
- 24D Functions under sections 24A to 24C capable of exercise by single justice
- 25 Power to change from summary trial to committal proceedings, and vice versa.
- 26 Power to issue summons to accused in certain circumstances.
- 27 Effect of dismissal of information for offence triable either way.
- Transfer of criminal proceedings
- 27A Power to transfer criminal proceedings
- 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Power to remit person under 17 for trial to juvenile court
- 29 Power of magistrates’ court to remit a person under 17 for trial to a youth court in certain circumstances.
- Remand for medical examination
- 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Powers in respect of offenders
- 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 32 Penalties on summary conviction for offences triable either way.
- 33 Maximum penalties on summary conviction in pursuance of section 22.
- 34 Mitigation of penalties, etc.
- 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36A Alterations of names of petty sessions areas in inner London area.
- 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Miscellaneous
- 41 Restriction on grant of bail in treason.
- 42 Restriction on justices sitting after dealing with bail.
- 43 Bail on arrest.
- 43A Functions of magistrates’ court where a person in custody is brought before it with a view to his appearance before the Crown Court.
- 43B Power to grant bail where police bail has been granted.
- 44 Aiders and abettors.
- 45 Incitement.
- 46 Corporations.
- 47 Service of summons out of time after failure to prove service by post.
- 48 Return of property taken from accused.
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 Construction of references to complaint in enactments dealing with offences.
- Part II Civil Jurisdiction and Procedure
- Jurisdiction to issue summons and deal with complaints
- 51 Issue of summons on complaint
- 52 Jurisdiction to deal with complaints.
- Hearing of complaint
- 53 Procedure on hearing.
- 54 Adjournment and stays
- 55 Non-appearance of defendant.
- 56 Non-appearance of complainant.
- 57 Non-appearance of both parties.
- Transfer of civil proceedings (other than family proceedings)
- 57A Power to transfer civil proceedings (other than family proceedings)
- Civil debt
- 58 Money recoverable summarily as civil debt.
- Orders for periodical payment
- 59 Orders for periodical payment: means of payment.
- 59A Orders for periodical payment: proceedings by designated officer.
- 59B Maintenance orders: penalty for breach.
- 60 Revocation, variation, etc. of orders for periodical payment.
- 61 Periodical payments payable by one person under more than one order.
- Payments to children
- 62 Provisions as to payments required to be made to a child, etc.
- Orders other than for payment of money
- 63 Orders other than for payment of money.
- Costs
- 64 Power to award costs and enforcement of costs.
- Domestic proceedings
- 65 Meaning of domestic proceedings.
- 65A Meaning of family procedure rules
- 66 Composition of magistrates’ courts for family proceedings: general.
- 67 Family proceedings courts.
- 68 Combined domestic court panels.
- 68A Power of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings
- 69 Sittings of magistrates’ courts for domestic proceedings.
- 70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
- 71 Newspaper reports of domestic proceedings.
- 72 Report by probation officer on means of parties.
- 73 Examination of witnesses by court.
- 74 Reasons for decisions in domestic proceedings.
- Part III Satisfaction and Enforcement
- General provisions
- 75 Power to dispense with immediate payment.
- 76 Enforcement of sums adjudged to be paid.
- 77 Postponement of issue of warrant.
- 78 Defect in distress warrant and irregularity in its execution.
- 79 Release from custody and reduction of detention on payment.
- 80 Application of money found on defaulter to satisfy sum adjudged.
- Sums adjudged to be paid by a conviction
- 81 Enforcement of fines imposed on young offenders.
- 82 Restriction on power to impose imprisonment for default.
- 83 Process for securing attendance of offender . . . .
- 84 Power to require statement of assets and other financial circumstances .
- 85 Power to remit fine.
- 85A Variation of instalments of sum adjudged to be paid by conviction.
- 86 Power of magistrates’ court to fix day for appearance of offender at means inquiry etc.
- 87 Enforcement of payment of fines by High Court and county court.
- 87A Fines imposed on companies.
- 88 Supervision pending payment.
- 89 Transfer of fine order.
- 90 Transfer of fines to Scotland or Northern Ireland.
- 91 Transfer of fines from Scotland or Northern Ireland.
- Sums adjudged to be paid by an order
- 92 Restriction on power to impose imprisonment for default.
- 93 Complaint for arrears.
- 94 Effect of committal on arrears.
- 94A Interest on arrears.
- 95 Remission of arrears and manner in which arrears to be paid.
- 96 Civil debt: complaint for non-payment.
- 96A Application of Part III to persons aged 17 to 20.
- Part IV Witnesses and Evidence
- Procuring attendance of witness
- 97 Summons to witness and warrant for his arrest.
- 97A Summons or warrant as to committal proceedings.
- Evidence generally
- 98 Evidence on oath.
- 99 Proof of non-payment of sum adjudged.
- 100 Statement of wages to be evidence.
- 101 Onus of proving exceptions, etc.
- Evidence in criminal cases
- 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc.
- 104 Proof of previous convictions.
- 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Offences
- 106 False written statements tendered in evidence.
- 107 False statements in declaration proving service, etc.
- Part V Appeal and Case Stated
- Appeal
- 108 Right of appeal to the Crown Court.
- 109 Abandonment of appeal.
- 110 Enforcement of decision of the Crown Court.
- Case stated
- 111 Statement of case by magistrates’ court.
- 111A Appeals on ground of error of law etc in child support proceedings
- 112 Effect of decisions made on case stated or on appeal
- Supplemental provisions as to appeal and case stated
- 113 Bail on appeal or case stated.
- 114 Recognizances and fees on case stated.
- Part VI Recognizances
- Recognizances to keep the peace or be of good behaviour
- 115 Binding over to keep the peace or be of good behaviour.
- 116 Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.
- Other provisions
- 117 Warrant endorsed for bail.
- 118 Varying or dispensing with requirement as to sureties.
- 119 Postponement of taking recognizance.
- 120 Forfeiture of recognizance.
- Part VII Miscellaneous and Supplementary
- Constitution and place of sitting of magistrates’ courts
- 121 Constitution and place of sitting of court.
- Appearance by counsel or solicitor
- 122 Appearance by counsel or solicitor.
- Process
- 123 Defect in process.
- 124 Process valid notwithstanding death, etc., of justice.
- 125 Warrants.
- 125ZA Warrants of control
- 125A Civilian enforcement officers.
- 125B Execution by approved enforcement agency.
- 125BA Powers of persons authorised under section 125A or 125B
- 125C Disclosure of information for enforcing warrants.
- 125CA Power to make disclosure order
- 125CB Use of information supplied under disclosure order
- 125D Execution by person not in possession of warrant.
- 126 Execution of certain warrants outside England and Wales.
- Limitation of time
- 127 Limitation of time.
- Remand
- 128 Remand in custody or on bail.
- 128A Remands in custody for more than eight days.
- 129 Further remand.
- 130 Transfer of remand hearings.
- 131 Remand of accused already in custody.
- Restrictions on imprisonment
- 132 Minimum term.
- 133 Consecutive terms of imprisonment.
- Detention for short periods
- 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 135 Detention of offender for one day in court-house or police station.
- 136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction.
- Fees, fines, forfeitures, etc.
- 137 Fees.
- 138 Remission of fees
- 139 Disposal of sums adjudged to be paid by conviction.
- 140 Disposal of non-pecuniary forfeitures.
- Clerks to justices
- 141 Clerks to justices.
- Power to rectify mistakes etc.
- 142 Power of magistrates’ court to re-open cases to rectify mistakes etc.
- Power to alter sums specified in certain provisions
- 143 Power to alter sums specified in certain provisions.
- Rules
- 144 ... Rules of procedure.
- 144A Rules to be made if required by Lord Chancellor
- 145 Rules: supplementary provisions.
- 145A Rules: costs order against legal representative.
- Rules about youth courts
- 146 Rules relating to youth court panels and composition of youth courts.
- Occasional court-houses
- 147 Occasional court-house.
- Interpretation
- 148 “Magistrates’ court”.
- 149 Isles of Scilly.
- 150 Interpretation of other terms.
- Miscellaneous
- 151 Application of Act to distress for rates.
- 152 Saving for juvenile courts.
- 153 Magistrates’ court may sit on Sundays and public holidays.
- Repeals, short title, etc.
- 154 Consequential amendments, transitional provisions, repeals, etc.
- 155 Short title, extent and commencement.
- SCHEDULES
- SCHEDULE 1 OFFENCES TRIABLE EITHER WAY BY VIRTUE OF SECTION 17
- SCHEDULE 2 OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL
- SCHEDULE 3 CORPORATIONS
- SCHEDULE 4 MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT
- SCHEDULE 4A Powers of authorised officers executing warrants
- Meaning of “authorised officer” etc
- Entry to execute warrant of arrest etc
- Entry to levy distress
- Searching arrested persons
- Use of force
- SCHEDULE 5 TRANSFER OF REMAND HEARINGS
- PART I FEES TO BE TAKEN BY Justices’ chief executives
- Part II MATTERS IN RESPECT OF WHICH NO FEES ARE CHARGEABLE
- Part III MATTERS TO WHICH PART I DOES NOT APPLY
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- Schedule 6A FINES THAT MAY BE ALTERED UNDER SECTION 143
- SCHEDULE 7 CONSEQUENTIAL AMENDMENTS
- Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43)
- Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35)
- Gun Barrel Proof Act 1868 (c. cxiii)
- Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86)
- Children and Young Persons Act 1933 (23 & 24 Geo. 5 c. 12)
- Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58)
- Maintenance Orders Act 1950 (14 Geo. 6 c. 37)
- Rag Flock and Other Filling Materials Act 1951 (14 & IS Geo. 6 c. 63)
- Pharmacy Act 1954 (2 & 3 Eliz. 2 c. 61)
- Mines and Quarries Act 1954 (2 & 3 Eliz. 2 c. 70)
- Army Act 1955 (3 & 4 Eliz. 2 c. 18)
- Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
- Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 (4 & 5 Eliz. 2 c. 44)
- Sexual Offences Act 1956 (4 & 5 Eliz. 2 c. 69)
- Affiliation Proceedings Act 1957 (5 & 6 Eliz. 2 c. 55)
- Maintenance Orders Act 1958 (6 & 7 Eliz. 2 c. 39)
- Adoption Act 1958 (7 Eliz. 2 c. 5)
- Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)
- Street Offences Act 1959 (7 & 8 Eliz. 2 c. 57)
- Road Traffic Act 1960 (8 & 9 Eliz. 2 c. 16)
- Administration of Justice Act 1960 (8 & 9 Eliz. 2 c. 65)
- Factories Act 1961 (9 & 10 Eliz. 2 c. 34)
- Criminal Justice Act 1961 (9 & 10 Eliz. 2 c.39)
- Plant Varieties and Seeds Act 1964 (c. 14)
- Licensing Act 1964 (c. 26)
- Administration of Justice Act 1964 (c. 42)
- Finance Act 1965 (c. 25)
- Gas Act 1965 (c. 36)
- Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
- Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
- Criminal Law Act 1967 (c. 58)
- Wireless Telegraphy Act 1967 (c. 72)
- Criminal Justice Act 1967 (c. 80)
- Companies Act 1967 (c. 81)
- Criminal Appeal Act 1968 (c. 19)
- Firearms Act 1968 (c. 27)
- Trade Descriptions Act 1968 (c. 29)
- Civil Evidence Act 1968 (c. 64)
- Medicines Act 1968 (c. 67)
- Sea Fisheries Act 1968 (c. 77)
- Children and Young Persons Act 1969 (c. 54)
- Administration of Justice Act 1970 (c. 31)
- Merchant Shipping Act 1970 (c. 36)
- Guardianship of Minors Act 1971 (c. 3)
- Vehicles (Excise) Act 1971 (c. 10)
- Courts Act 1971 (c. 23)
- Attachment of Earnings Act 1971 (c. 32)
- Misuse of Drugs Act 1971 (c. 38)
- 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)
- Guardianship Act 1973 (c. 29)
- Fair Trading Act 1973 (c. 41)
- Powers of Criminal Courts Act 1973 (c. 62)
- Slaughterhouses Act 1974 (c. 3)
- Control of Pollution Act 1974 (c. 40)
- Friendly Societies Act 1974 (c. 46)
- Solicitors Act 1974 (c. 47)
- Insurance Companies Act 1974 (c. 49)
- Rehabilitation of Offenders Act 1974 (c. 53)
- Social Security Act 1975 (c. 14)
- Criminal Procedure (Scotland) Act 1975 (c. 21)
- Children Act 1975 (c. 72)
- Prevention of Terrorism (Temporary Provisions) Act 1976 (c. 8)
- Restrictive Trade Practices Act 1976 (c. 34)
- Adoption Act 1976 (c. 36)
- Bail Act 1976 (c. 63)
- Land Drainage Act 1976 (c.70)
- Sexual Offences (Amendment) Act 1976 (c. 82)
- Criminal Law Act 1977 (c. 45)
- Civil Aviation Act 1978 (c. 8)
- Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
- Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)
- Interpretation Act 1978 (c. 30)
- Theft Act 1978 (c. 31)
- Protection of Children Act 1978 (c. 37)
- Employment Protection (Consolidation) Act 1978 (c. 44)
- Customs and Excise Management Act 1979 (c. 2)
- Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)
- Alcoholic Liquor Duties Act 1979 (c. 4)
- Hydrocarbon Oils Duties Act 1979 (c. 5)
- Agricultural Statistics Act 1979 (c. 13)
- Credit Unions Act 1979 (c. 34)
- Estate Agents Act 1979 (c. 38)
- Merchant Shipping Act 1979 (c. 39)
- Ancient Monuments and Archeological Areas Act 1979 (c. 46)
- Justices of the Peace Act 1979 (c. 55)
- Isle of Man Act 1979 (c. 58)
- .....
- Foster Children Act 1980 (c. 6)
- Residential Homes Act 1980 (c. 7)
- Reserve Forces Act 1980 (c. 9)
- Protection of Trading Interests Act 1980 (c. 11)
- Competition Act 1980 (c. 21)
- Companies Act 1980 (c. 22)
- SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS
- Interpretation
- Proceedings commenced before appointed day
- Offences committed before appointed day
- Other matters: general
- Saving for transitionals in orders
- Savings of amendments
- Savings for Local Government Act 1972
- Scottish saving
- SCHEDULE 9 REPEALS
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