Magistrates' Courts Act 1980

CHAPTER 43

ARRANGEMENT OF SECTIONS
PART I
CRIMINAL JURISDICTION AND PROCEDURE

Jurisdiction to issue process and deal with charges

Section
1. Issue of summons to accused or warrant for his arrest.
2. Jurisdiction to deal with charges.
3. Offences committed on boundaries, etc.

Committalproceedings
4. General nature of committal proceedings.
5. Adjournment of inquiry.
6. Discharge or committal for trial.
7. Place of trial on indictment.
8. Restrictions on reports of committal proceedings.

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.
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.

Offences triable on indictment or summarily

17. Certain offences triable either way.
18. Initial procedure on information against adult for offence
triable either way.
19. Court to begin by considering which mode of trial appears
more suitable.
20. Procedure where summary trial appears more suitable.
A
c. 43 Magistrates' Courts Act 1980

Section
21. Procedure where trial on indictment appears more suitable.
22. Certain offences triable either way to be tried summarily if
value involved is small.
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.
25. Power to change from summary trial to committal pro-
ceedings, and vice versa.
26. Power to issue summons to accused in certain circumstances.
27. Effect of dismissal of information for offence triable either
way.
28. Using in summary trial evidence given in committal
proceedings.

Power to remit person under 17 fortrial to juvenile court

29. Power of magistrates' court to remit a person under 17 for
trial to a juvenile court in certain circumstances.

Remand for medical examination

30. Remand for medical examination.

Powers in respect of offenders

31. General limit on power of magistrates' court to impose
imprisonment.
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. Fixing amount of fine.
36. Restriction on fines in respect of young persons.
37. Committal to Crown Court with a view to borstal
sentence.
38. Committal for sentence on summary trial of offence triable
either way.
39. Cases where magistrates' court may remit offender to
another such court for sentence.
40. Restriction on amount payable under compensation order
of magistrates' court.

Miscellaneous
41. Restriction on grant of bail in treason.
42. Restriction on justices sitting after dealing with bail.
43. Bail on arrest without warrant.
 Magistrates' Courts Act 1980 c. 43

Section
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. Taking of finger-prints.
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.
55. Non-appearance of defendant.
56. Non-appearance of complainant.
57. Non-appearance of both parties.

Civil debt
58. Money recoverable summarily as civil debt.

Orders for periodical payment

59. Periodical payment through justices' clerk.
60. Revocation, variation, etc., of orders for periodical pay-
ment.
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.
A2
iv c. 43 Magistrates' Courts Act 1980

Domestic proceedings
Section
65. Meaning of domestic proceedings.
66. Composition of magistrates' courts for domestic pro-
ceedings : general.
67. Domestic courts and panels.
68. Combined domestic court panels.
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 for purposes
of section 82.
84. Power to require statement of means.
85. Power to remit fine.
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.
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.
 Magistrates' Courts Act 1980 c. 43 V

Section
93. Complaint for arrears.
94. Effect of committal on arrears.
95. Power to remit arrears.
96. Civil debt: complaint for non-payment.

PART IV

WITNESSES AND EVIDENCE

Procuring attendance of witness

97. Summons to witness and warrant for his arrest.

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. Written statements before examining justices.
103. Evidence of children in committal proceedings for sexual
offences.
104. Proof of previous convictions.
105. Deposition of person dangerously ill.
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.

112. Effect of decision of High Court on case stated by magis.
trates' court.
A3
vi c. 43 Magistrates' Courts Act 1980

Supplemental provisions as to appeal and case stated

Section
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 placeof 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.
126. Execution of certain warrants outside England and Wales.

Limitation of time
127. Limitation of time.

Remand
128. Remand in custody or on bail.
129. Further remand.
130. Transfer of remand hearings.
131. Remand of accused already in custody.
 Magistrates' Courts Act 1980 c. 43 V1]

Restrictions on imprisonment
Section
132. Minimum term.
133. Consecutive terms of imprisonment.

Detention for short periods

134. Detention in police cells, etc.
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. Rule committee and rules of procedure.
145. Rules: supplementary provisions.
Rules about juvenile courts
146. Rules relating to juvenile court panels and composition of
juvenile courts.

Occasional court-houses
147. Occasional court-house.

Interpretation
148. " Magistrates' court ".
149. Isles of Scilly.
150. Interpretation of other terms.
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viii c. 43 Magistrates' Courts Act 1980

Miscellaneous
Section
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 5-Transfer of remand hearings.
Schedule 6-Fees:
Part I-Fees to be taken by clerks to justices.
Part II-Matters in respect of which no fees are
chargeable.
Part III-Matters to which Part I does not apply.
Schedule 7-Consequential amendments.
Schedule 8-Transitional provisions and savings.
Schedule 9-Repeals.
 c. 43 1

ELIZABETH II

Magistrates' Courts Act 1980

1980 CHAPTER 43

An Act to consolidate certain enactments relating to the

jurisdiction of, and the practice and procedure before,
magistrates' courts and the functions of justices' clerks,
and to matters connected therewith, with amendments
to give effect to recommendations of the Law Com-
mission. [1st August 1980]
IT ENACTED by the Queen's most Excellent Majesty, by and
BE
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
PART I
CRIMINAL JURISDICTION AND PROCEDURE
Jurisdiction to issue process and deal with charges
1.-(1) Upon an information being laid before a justice of Issue of
the peace for an area to which this section applies that any person accused orto
summons
has, or is suspected of having, committed an offence, the justice warrant for
may, in any of the events mentioned in subsection (2) below, his arrest.
but subject to subsections (3) to (5) below,-
(a) issue a summons directed to that person requiring him
to appear before a magistrates' court for the area to
answer to the information, or
(b) issue a warrant to arrest that person and bring him
before a magistrates' court for the area or such magis-
trates, court as is provided in subsection (5) below.
 c. 43 Magistrates' Courts Act 1980

PART I (2) A justice of the peace for an area to which this section
applies may issue a summons or warrant under this section-
(a) if the offence was committed or is suspected to have
been committed within the area, or
(b) if it appears to the justice necessary or expedient, with a
view to the better administration of justice, that the
person charged should be tried jointly with, or in the
same place as, some other person who is charged with
an offence, and who is in custody, or is being or is to
be proceeded against, within the area, or
(c) if the person charged resides or is, or is believed to
reside or be, within, the area, or
(d) if under any enactment a magistrates' court for the
area has jurisdiction to try the offence, or
(e) if the offence was committed outside England and Wales
and, where it is an offence exclusively punishable on
summary conviction, if a magistrates' court for the
area would have jurisdiction to try the offence if the
offender were before it.
(3) No warrant shall be issued under this section unless the
information is in writing and substantiated on oath.
(4) No warrant shall be issued under this section for the arrest
of any person who has attained the age of 17 unless-
(a) the offence to which the warrant relates is an indictable
offence or is punishable with imprisonment, or
(b) the person's address is not sufficiently established for a
summons to be served on him.
(5) Where the offence charged is not an indictable offence-
(a) no summons shall be issued by virtue only of paragraph
(c) of subsection (2) above, and
(b) any warrant issued by virtue only of that paragraph
shall require the person charged to be brought before a
magistrates' court having jurisdiction to try the offence.

(6) Where the offence charged is an indictable offence, a

warrant under this section may be issued at any time notwith-
standing that a summons has previously been issued.

(7) A justice of the

peace may issue a summons or warrant
under this section upon an information being laid before him
notwithstanding any enactment requiring the information to be
laid before two or more justices.
(8) The areas to which this section applies are any county,
eny London commission area and the City of London.
 Magistrates' Courts Act 1980 c. 43

2,Q) A magistrates' court for a county, a London com- PART I

mission area or the City of London shall have jurisdiction to try Jurisdiction
all summary offences committed within the county, the London to deal with
charges.
commission area or the City (as the case may be).
(2) Where a person charged with a summary offence appears
or is brought before a magistrates' court in answer to a summons
issued under paragraph (b) of section 1(2) above, or under a
warrant issued under that paragraph, the court shall have juris-
diction to try the offence.
(3) A magistrates' court for a county, a London commission
area or the City of London shall have jurisdiction as examining
justices over any offence committed by a person who appears
or is brought before the court, whether or not the offence was
committed within the county, the London commission area or
the City (as the case may be).
(4) Subject to sections 18 to 22 below and any other enact-
ment (wherever contained) relating to the mode of trial of
offences triable either way, a magistrates' court shall have juris-
diction to try summarily an offence triable either way in any case
in which under subsection (3) above it would have jurisdiction
as examining justices.
(5) A magistrates' court shall, in the exercise of its powers
under section 24 below, have jurisdiction to try summarily an
indictable offence in any case in which under subsection (3)
above it would have jurisdiction as examining justices.
(6) A magistrates' court for any area by which a person is
tried for an offence shall have jurisdiction to try him for any
summary offence for which he could be tried by a magistrates'
court for any other area.
(7) Nothing in this section shall affect any jurisdiction over .
offences conferred on a magistrates' court by any enactment not
contained in this Act.

3.-(1) Where an offence has been committed on the boundary offences

between two or more areas to which this section applies, or committed on
within 500 yards of such a boundary, or in any harbour, river, boundaries,
arm of the sea or other water lying between two or more such etc.
areas, the offence may be treated for the purposes of the pre-
ceding provisions of this Act as having been committed in any
of those areas.
(2) An offence begun in one area to which this section applies
and completed in another may be treated for the purposes of
the preceding provisions of this Act as having been wholly com-
mitted in either.
 4 c. 43 Magistrates' Courts Act 1980

PART I (3) Where an offence has been committed on any person, or

on or in respect of any property, in or on a vehicle or vessel
engaged on any journey or voyage through two or more areas
to which this section applies, the offence may be treated for the
purposes of the preceding provisions of this Act as having been
committed in any of those areas ; and where the side or any
part of a road or any water along which the vehicle or vessel
passed in the course of the journey or voyage forms the boundary
between two or more areas to which this section applies, the
offence may be treated for the purposes of the preceding pro-
visions of this Act as having been committed in any of those
areas.
(4) The areas to which this section applies are any county,
any London commission area and the City of London.

Committal proceedings
General nature 4.-(1) The functions of examining justices may be discharged
of committal by a single justice.
proceedings.
(2) Examining justices shall sit in open court except where
any enactment contains an express provision to the contrary
and except where it appears to them as respects the whole or
any part of committal proceedings that the ends of justice would
not be served by their sitting in open court.
(3) Subject to subsection (4) below and section 102 below,
evidence given before examining justices shall be given in the
presence of the accused, and the defence shall be at liberty to
put questions to any witness at the inquiry.
(4) Examining justices may allow evidence to be given before
them in the absence of the accused if-
(a) they consider that by reason of his disorderly conduct
before them it is not practicable for the evidence to
be given in his presence, or
(b) he cannot be present for reasons of health but is repre-
sented by counsel or a solicitor and has consented to
the evidence being given in his absence.

Adjournment 5.-(1) A magistrates' court may, before beginning to inquire

of inquiry. into an offence as examining justices, or at any time during the
inquiry, adjourn the hearing, and if it does so shall remand the
accused.
(2) The court shall when adjourning fix the time and place at
which the hearing is to be resumed ; and the time fixed shall be
that at which the accused is required to appear or be brought
before the court in pursuance of the remand.
 Magistrates' Courts Act 1980 c. 43 5

6.-(1) Subject to the provisions of this and any other Act PART I
relating to the summary trial of indictable offences, if a magis` Discharge or
trates' court inquiring into an offence as examining justices is committal
of opinion, on consideration of the evidence and of any state- for trial.
ment of the accused, that there is sufficient evidence to put the
accused on trial by jury for any indictable offence, the court
shall commit him for trial ; and, if it is not of that opinion, it
shall, if he is in custody for no other cause than the offence under
inquiry, discharge him.
(2) A magistrates' court inquiring into an offence as examining
justices may, if satisfied that all the evidence before the court
(whether for the prosecution or the defence) consists of written
statements tendered to the court under section 102 below, with
or without exhibits, commit the accused for trial for the offence
without consideration of the contents of those statements,
unless-
the accused or one of the accused is not represented by
(a)
counsel or a solicitor ;
(b) counsel or a solicitor for the accused or one of the
accused, as the case may be, has requested the court
to consider a submission that the statements disclose
insufficient evidence to put that accused on trial by
jury for the offence ;
and subsection (1) above shall not apply to a committal for
trial under this subsection.
(3) Subject to section 4 of the Bail Act 1976 and section 41 1976 c. 63.
below, the court may commit a person for trial-
(a) in custody, that is to say, by committing him to custody
there to be safely kept until delivered in due course of
law, or
(b) on bail in accordance with -the Bail Act 1976, that is to
say, by directing him to appear before the Crown
Court for trial ;
and where his release on bail is conditional on his providing
one or more surety or sureties and, in accordance with section
8(3) of the Bail Act 1976, the court fixes the amount in which
the surety is to be bound with a view to his entering into his
recognizance subsequently in accordance with subsections (4)
and (5) or (6) of that section the court shall in the meantime com-
mit the accused to custody in accordance with paragraph (a) of
this subsection.
(4) Where the court has committed a person to custody in
accordance with paragraph (a) of subsection (3) above, then, if
that person is in custody for no other cause, the court may, at
any time before his first appearance before the Crown Court,
6 c. 43 Magistrates' Courts Act 1980

PART I grant him bail in accordance with the Bail Act 1976 subject to
1976 c. 63. a duty to appear before the Crown Court for trial.
(5) Where a magistrates' court acting as examining justices
commits any person for trial or determines to discharge him, the
clerk of the court shall, on the day on which the committal pro-
ceedings are concluded or the next day, cause to be displayed in
a part of the court house to which the public have access a
notice-
(a) in either case giving that person's name, address, and age
(if known) ;
(b) in acase where the court so commits him, stating the
charge or charges on which he is committed and the
court to which he is committed ;
(c) in a case where the court determines to discharge him,
describing the offence charged and stating that it has
so determined ;
but this subsection shall have effect subject to sections 4 and
1976 c. 82. 6 of the Sexual Offences (Amendment) Act 1976 (anonymity of
complainant and accused in rape etc. cases).
(6) A notice displayed in pursuance of subsection (5) above
shall not contain the name or address of any person under the
age of 17 unless the justices in question have stated that in their
opinion he would be mentioned in the notice apart from the
preceding provisions of this subsection and should be mentioned
in it for the purpose of avoiding injustice to him.

Place of trial 7. A magistrates' court committing a person for trial shall

on indictment. specify the place at which he is to be tried, and in selecting that
place shall have regard to-
(a) the convenience of the defence, the prosecution and the
witnesses,
(b) the expediting of the trial, and
(c) any direction given by or on behalf of the Lord Chief
Justice with the concurrence of the Lord Chancellor
1971 c. 23. under section 4(5) of the Courts Act 1971.

Restrictions on 6.-(1) Except as provided by subsections (2), (3) and (8)

reports of below, it shall not be lawful to publish in Great Britain a written
committal
r rt, or to broadcast in Great Britain a report, of any com-
mittal proceedings in England and Wales containing any matter
other than that permitted by subsection (4) below.
(2) A magistrates' court shall, on an application for the pur-
pose made with reference to any committal proceedings by the
accused or one of the accused, as the case may be, order that
 Magistrates' Courts Act 1980 c. 43 7

subsection (1) above shall not apply to reports of those pro- PART I
ceedings.

(3) It shall not be unlawful under this section to publish or

broadcast a report of committal proceedings containing any mat-
ter other than that permitted by subsection (4) below-
(a) where the magistrates' court determines not to commit
the accused, or determines to commit none of the
accused, for trial, after it so determines ;
(b) where the court commits the accused or any of the
accused for trial, after the conclusion of his trial or,
as the case may be, the trial of the last to be tried ;
and where at any time during the inquiry the court proceeds
to try summarily the case of one or more of the accused under
section 25(3) or (7) below, while committing the other accused
or one or more of the other accused for trial, it shall not be un-
lawful under this section to publish or broadcast as part of a
report of the summary trial, after the court determines to pro-
ceed as aforesaid, a report of so much of the committal pro-
ceedings containing any such matter as takes place before the
determination.

(4) The following matters may be contained in a report of

committal proceedings published or broadcast without an order
under subsection (2) above before the time authorised by sub-
section (3) above, that is to say-
(a) the identity of the court and the names of the examining
justices ;

(b) the names, addresses and occupations of the parties and

witnesses and the ages of the accused and witnesses;
(c) the offence or offences, or a summary of them, with
which the accused is or are charged ;
(d) the names of counsel and solicitors engaged in the pro-
ceedings ;
(e) any decision of the court to commit the accused or any
of the accused for trial, and any decision of the court
on the disposal of the case of any accused not com-
mitted ;
(f) where the court commits the accused or any of the
accused for trial, the charge or charges, or a summary
of them, on which he is committed and the court to
which he is committed ;
(g) where the committal proceedings are adjourned, the
date and place to which they are adjourned ;
8 c. 43 Magistrates' Courts Act 1980

PART I (h) any arrangements as to bail on committal or adjourn-

ment ;
(i) whether legal aid was granted to the accused or any of
the accused.
(5) If a report is published or broadcast in contravention of
this section, the following persons, that is to say-
(a) in the case of a publication of a written report as part
of a newspaper or periodical, any proprietor, editor or
publisher of the newspaper or periodical ;
(b) in the case of a publication of a written report otherwise
than as part of a newspaper or periodical, the person
who publishes it ;
(c) in the case of a broadcast of a report, any body corpor-
ate -which transmits or provides the programme in
which the report is broadcast and any person having
functions in relation to the programme corresponding
to those of the editor of a newspaper or periodical,
shall be liable on summary conviction to a fine not exceeding
£500.
(6) Proceedings for an offence under this section shall not, in
England and Wales, be instituted otherwise than by or with the
consent of the Attorney-General.
(7) Subsection (1) above shall be in addition to, and not in
derogation from, the provisions of any other enactment with res-
pect to the publication of reports and proceedings of magistrates'
and other courts.
(8) For the purposes of this section committal proceedings
shall, in relation to an information charging an indictable
offence, be deemed to include any proceedings in the magistrates'
court before the court proceeds to inquire into the information
as examining justices; but where a magistrates' court which has
begun to try an information summarily discontinues the sum-
mary trial in pursuance of section 25(2) or (6) below and pro-
ceeds to inquire into the information as examining justices, that
circumstance shall not make it unlawful under this section for
a report of any proceedings on the information which was pub-
lished or broadcast before the court determined to proceed as
aforesaid to have been so published or broadcast.
(9) Any report in a newspaper, and any broadcast report, of
committal proceedings in a case where publication is permitted
by virtue only of subsection (3) above, published as soon as
practicable after it is so permitted, shall be treated for the pur-
1888 c. 64. poses of section 3 of the Law of Libel Amendment Act 1888
(privilege of contemporaneous newspaper reports of court pro.
1952 c. 66. ceedings) and section 9(2) of the Defamation Act 1952 (extension
 Magistrates' Courts Act 1980 c. 43 9

of the said section 3 to broadcasting) as having been published PART I

or broadcast contemporaneously with the committal proceedings.
(10) In this section-
broadcast " means broadcast by wireless telegraphy sounds
or visual images intended for general reception ;
" publish ", in relation to a report, means publish the
report, either by itself or as part of a newspaper or
periodical, for distribution to the public.

Summary trial of information

9.-(1) On the summary trial of an information, the court Procedure
shall, if the accused appears, state to him the substance of the on trial.
information and ask him whether he pleads guilty or not guilty.
(2) The court, after hearing the evidence and the parties, shall
convict the accused or dismiss the information.
(3) If the accused pleads guilty, the court may convict him
without hearing evidence.

10.-(1) A magistrates' court may at any time, whether before Adjournment

or after beginning to try an information, adjourn the trial, and of trial.
may do so, notwithstanding anything in this Act, when com-
posed of a single justice.
(2) The court may when adjourning either fix the time and
place at which the trial is to be resumed, or, unless it remands
the accused, leave the time and place to be determined later by
the court ; but the trial shall not be resumed at that time and
place unless the court is satisfied that the parties have had ade-
quate notice thereof.
(3) A magistrates' court may, for the purpose of enabling
inquiries to be made or of determining the most suitable method
of dealing with the case, exercise its power to adjourn after
convicting the accused and before sentencing him or otherwise
dealing with him ; but, if it does so, the adjournment shall not be
for more than 4 weeks at a time unless the court remands the
accused in custody and, where it so remands him, the adjourn-
ment shall not be for more than 3 weeks at a time.
(4) On adjourning the trial of an information the court may
remand the accused and, where the accused has attained the
age of 17, shall do so if the offence is triable either way and-
(a) on the occasion on which the accused first appeared, or
was brought, before the court to answer to the informa-
tion he was in custody or, having been released on
bail, surrendered to the custody of the court ; or
10 c. 43 Magistrates' Courts Act 1980

PnxT I (b) the accused has been remanded at any time in the course
of proceedings on the information ;
and, where the court remands the accused, the time fixed for
the resumption of the trial shall be that at which he is required
to appear or be brought before the court in pursuance of the
remand.

Non- 11.-(1) Subject to the provisions of this Act, where at the

appearance of time and place appointed for the trial or adjourned trial of an
accused: information the prosecutor appears but the accused does not,
general
provisions. the court may proceed in his absence.
(2) Where a summons has been issued, the court shall not
begin to try the information in the absence of the accused un-
less either it is proved to the satisfaction of the court, on oath
or in such other manner as may be prescribed, that the summons
was served on the accused within what appears to the court to
be a reasonable time before the trial or adjourned trial or the
accused has appeared on a previous occasion to answer to the
information.
(3) A magistrates' court shall not in a person's absence sen-
tence him to imprisonment or detention in a detention centre or
1973 c. 62. make an order under section 23 of the Powers of Criminal
Courts Act 1973 that a suspended sentence passed on him shall
take effect.
(4) A magistrates' court shall not in a person's absence impose
any disqualification on him, except on resumption of the hear-
ing after an adjournment under section 10(3) above ; and where
a trial is adjourned in pursuance of this subsection the notice
required by section 10(2) above shall include notice of the reason
for the adjournment.

Non- 12.--(1) Subject to subsection (7) below, this section shall

appearance of apply where a summons has been issued requiring a person to
accused: plea appear before a magistrates' court, other than a juvenile court,
of guilty. to answer to an information for a summary offence, not being
an offence for which the accused is liable to be sentenced to be
imprisoned for a term exceeding 3 months, and the clerk of the
court is notified by or on behalf of the prosecutor that the follow-
ing documents have been served upon the accused with the
summons, that is to say-
(a) a notice containing such statement of the effect of this
section as may be prescribed ; and
(b) a concise statement in the prescribed form of such facts
relating to the charge as will be placed before the court
by or on behalf of the prosecutor if the accused pleads
guilty without appearing before the court.
 Magistrates' Courts Act 1980 c. 43 11

(2) Subject to subsections (3) to (5) below, where the clerk PART I
of the court receives a notification in writing purporting to be
given by the accused or by a solicitor acting on his behalf that
the accused desires to plead guilty without appearing before the
court, the clerk of the court shall inform the prosecutor of the
receipt of the notification and if at the time and place appointed
for the trial or adjourned trial of the information the accused
does not appear and it is proved to the satisfaction of the court,
on oath or in such other manner as may be prescribed, that the
notice and statement of facts referred to in subsection (1) above
have been served upon the accused with the summons, then-
(a) subject to section 11(3) and (4) above, the court may
proceed to hear and dispose of the case in the absence
of the accused, whether or not the prosecutor is also
absent, in like manner as if both parties had appeared
and the accused had pleaded guilty ;,Or
(b) if the court decides not to proceed as aforesaid, the
court shall adjourn or further adjourn the trial for
the purpose of dealing with the information as if the
notification aforesaid had not been given.
(3) If at any time before the hearing the clerk of the court
receives an intimation in writing purporting to be given by or on
behalf of the accused that he wishes to withdraw the notification
aforesaid, the clerk of the court shall inform the prosecutor
thereof and the court shall deal with the information as if this
section had not been passed.
(4) Before accepting the plea of guilty and convicting the
accused in his absence under subsection (2) above, the court
shall cause the notification and statement of facts aforesaid,
including any submission received with the notification which the
accused wishes to be brought to the attention of the court with a
view to mitigation of sentence, to be read out before the court.

(5) If the court proceeds under subsection (2) above to hear

and dispose of the case in the absence of the accused, the court
shall not permit any statement to be made by or on behalf of
the prosecutor with respect to any facts relating to the offence
charged other than the statement of facts aforesaid except on a
resumption of the trial after an adjournment under section 10(3)
above.
(6) In relation to an adjournment by reason of the require-
ments of paragraph (b) of subsection (2) above or to an adjourn-
ment on the occasion of the accused's conviction in his absence
under that subsection, the notice required by section 10(2) above
shall include notice of the reason for the adjournment.
12 c. 43 Magistrates' Courts Act 1980

PART I (7) The Secretary of State may by order made by statutory

instrument provide that this section shall not apply in relation
to such offences (in addition to an offence for which the accused
is liable to be sentenced to be imprisoned for a term exceeding
3 months) as may be specified in the order, and any order under
this subsection-
(a) may vary or revoke any previous order thereunder ; and
(b) shall not be made unless a draft thereof has been
approved by resolution of each House of Parliament.
(8) Any such notice or statement as is mentioned in subsection
(1) above may be served in Scotland with a summons which is
1881 c. 24. so served under the Summary Jurisdiction (Process) Act 1881.

Non- 13.-(1) Subject to the provisions of this section, where the

appearance of court, instead of proceeding in the absence of the accused, ad-
accused:
journs or further adjourns the trial, the court may, if the infor-
warrant. mation has been substantiated on oath, issue a warrant for his
arrest.
(2) Where a summons has been issued, the court shall not issue
a warrant under this section unless either it is proved to the
satisfaction of the court, on oath or in such other manner as may
be prescribed, that the summons was served on the accused with-
in what appears to the court to be a reasonable time before
the trial or adjourned trial or the accused has appeared on a
previous occasion to answer to the information.
(3) A warrant for the arrest of any person who has attained
the age of 17 shall not be issued under this section unless-
(a) the offence to which the warrant relates is punishable
with imprisonment ; or
(b) the court, having convicted the accused, proposes to
impose a disqualification on him.
(4) This section shall not apply to an adjournment by reason
of the requirements of paragraph (b) of subsection (2) of section
12 above or to an adjournment on the occasion of the accused's
conviction in his absence under that subsection.
(5) Where the court adjourns the trial-
(a) after having, either on that or on a previous occasion,
received any evidence or convicted the accused with-
out hearing evidence on his pleading guilty under sec-
tion 9(3) above ; or
(b) after having on a previous occasion convicted the
accused without hearing evidence on his pleading guilty
under section 12(2) above,
the court shall not issue a warrant under this section unless it
thinks it undesirable, by reason of the gravity of the offence, to
continue the trial in the absence of the accused.
 Magistrates' Courts Act 1980 c. 43 13

14.-(1) Where a summons has been issued under section 1 PART I

above and a magistrates' court has begun to try the information Proceedings
to which the summons relates, then, if- invalid
(a) the accused, at any time during or after the trial, makes where accused
ofd not know
a statutory5' that he did not know of the of them.
summons or the proceedings until a date specified in
the declaration, being a date after the court has begun
to try the information ; and
(b) within 21 days of that date the declaration is served
on the clerk to the justices,
without prejudice to the validity of the information, the summons
and all subsequent proceedings shall be void.
(2) For the purposes of subsection (1) above a statutory dec-
laration shall be deemed to be duly served on the clerk to the
justices if it is delivered to him, or left at his office, or is sent in a
registered letter or by the recorded delivery service addressed to
him at his office.
(3) If on the application of the accused it appears to a
magistrates' court (which for this purpose may be composed of
a single justice) that it was not reasonable to expect the accused
to serve such a statutory declaration as is mentioned in sub-
section (1) above within the period allowed by that subsection,
the court may accept service of such a declaration by the accused
after that period has expired ; and a statutory declaration accep-
ted under this subsection shall be deemed to have been served
as required by that subsection.
(4) Where any proceedings have become void by virtue of
subsection (1) above, the information shall not be tried again
by any of the same justices.
15.-(1) Where at the time and place appointed for the trial Non-
or adjourned trial of an information the accused appears or is appearance of
brought before the court and the prosecutor does not appear, prosecutor.
the court may dismiss the information or, if evidence has been
received on a previous occasion, proceed in the absence of the
prosecutor.
(2) Where, instead of dismissing the information or proceed-
ing in the absence of the prosecutor, the court adjourns the
trial, it shall not remand the accused in custody unless he has
been brought from custody or cannot be remanded on bail by
reason of his failure to find sureties.
16. Subject to section 11(3) and (4) and to section 12 above, Non-
where at the time and place appointed for the trial or adjourned appearance of
trial of an information neither the prosecutor nor the accused both parties.
appears, the court may dismiss the information or, if evidence
has been received on a previous occasion, proceed in their
absence.
14 c. 43 Magistrates' Courts Act 1980

PART I Offences triable on indictment or summarily

Certain 17.-(1) The offences listed in Schedule 1 to this Act shall be
offences triable either way.
triable either
way. (2) Subsection (1) above is without prejudice to any other
enactment by virtue of which any offence is triable either way.
Initial 18.-(1) Sections 19 to 23 below shall have effect where a
procedure on person who has attained the age of 17 appears or is brought
information
against adult before a magistrates' court on an information charging him with
for offence an offence triable either way.
triable either
way. (2) Without prejudice to section 11(1) above, everything that
the court is required to do under sections 19 to 22 below must
be done before any evidence is called and, subject to subsection
(3) below and section 23 below, with the accused present in
court.
(3) The court may proceed in the absence of the accused in
accordance with such of the provisions of sections 19 to 22 below
as are applicable in the circumstances if the court considers
that by reason of his disorderly conduct before the court it is
not practicable for the proceedings to be conducted in his pres-
ence ; and subsections (3) to (5) of section 23 below, so far as
applicable, shall have effect in relation to proceedings conducted
in the absence of the accused by virtue of this subsection (refer-
ences in those subsections to the person representing the accused
being for this purpose read as references to the person, if any,
representing him).
(4) A magistrates' court proceeding under sections 19 to 23
below may adjourn the proceedings at any time, and on doing
so on any occasion when the accused is present may remand
the accused, and shall remand him if-
(a) on the occasion on which he first appeared, or was
brought, before the court to answer to the information
he was in custody or, having been released on bail,
surrendered to the custody of the court ; or
(b) he has been remanded at any time in the course of
proceedings on the information ;
and where the court remands the accused, the time fixed for
the resumption of the proceedings shall be that at which he is
required to appear or be brought before the court in pursuance
of the remand.
(5) The functions of a magistrates' court under sections 19 to
23 below may be discharged by a single justice, but the fore-
going provision shall not be taken to authorise the summary
trial of an information by a magistrates' court composed of less
than two justices.
 Magistrates' Courts Act 1980 c. 43 15

19.--(1) The court shall consider whether, having regard to PART I

the matters mentioned in subsection (3) below and any repre- Court to
sentations made by the prosecutor or the accused, the offence begin by
appears to the court more suitable for summary trial or for considering
trial on indictment. which mode
of trial
appears
(2) Before so considering, the court-
(a) shall cause the charge to be written down, if this has
not already been done, and read to the accused ; and
(b) shall afford first the prosecutor and then the accused an
opportunity to make representations as to which mode
of trial would be more suitable.
(3) The matters to which the court is to have regard under
subsection (1) above are the nature of the case ; whether the
circumstances make the offence one of serious character ;
whether the punishment which a magistrates' court would have
power to inflict for it would be adequate ; and any other circum-
stances which appear to the court to make it more suitable for
the offence to be tried in one way rather than the other.
(4) If the prosecution is being carried on by the Attorney
General, the Solicitor General or the Director of Public Prosecu-
tions and he applies for the offence to be tried on indictment, the
preceding provisions of this section and sections 20 and 21 below
shall not apply, and the court shall proceed to inquire into the
information as examining justices.

20,-(1) If, where the court has considered as required by Procedure

section 19(1) above, it appears to the court that the offence is where
more suitable for summary trial, the following provisions of this summary
section shall apply (unless excluded by section 23 below). trial appears
more suitable.
(2) The court shall explain to the accused in ordinary
language-
(a) that it appears to the court more suitable for him to be
tried summarily for the offence, and that he can either
consent to be so tried or, if he wishes, be tried by a
jury ; and
(b) that if he is tried summarily and is convicted by the
court, he may be committed for sentence to the Crown
Court under section 38 below if the convicting court,
on obtaining information about his character and ante.
cedents, is of opinion that they are such that greater
punishment should be inflicted than the convicting court
has power to inflict for the offence.
16 c. 43 Magistrates' Courts Act 1980

PART I (3) After explaining to the accused as provided by subsection

(2) above the court shall ask him whether he consents to be tried
summarily or wishes to be tried by a jury, and-
(a) if he consents to be tried summarily, shall proceed to
the summary trial of the information ;
(b) if he does not so consent, shall proceed to inquire into
the information as examining justices.

Procedure 21. If, where the court has considered as required by section
where trial 19(1) above, it appears to the court that the offence is more suit-
on indictment
appears more
able for trial on indictment, the court shall tell the accused that
suitable. the court has decided that it is more suitable for him to be tried
for the offence by a jury, and shall proceed to inquire into the
information as examining justices.

Certain 22.-(1) If the offence charged by the information is one of

offences those mentioned in the first column of Schedule 2 to this Act (in
triable either
way to be this section referred to as " scheduled offences ") then, subject to
tried subsection (7) below, the court shall, before proceeding in accord-
summarily if ance with section 19 above, consider whether, having regard to
value involved any representations made by the prosecutor or the accused, the
is small. value involved (as defined in subsection (10) below) appears to the
court to exceed the relevant sum.
For the purposes of this section the relevant sum is £200.
(2) If, where subsection (1) above applies, it appears to the
court clear that, for the offence charged, the value involved does
not exceed the relevant sum, the court shall proceed as if the
offence were triable only summarily, and sections 19 to 21 above
shall not apply.
(3) If, where subsection (1) above applies, it appears to the
court clear that, for the offence charged, the value involved
exceeds the relevant sum, the court shall thereupon proceed in
accordance with section 19 above in the ordinary way without
further regard to the provisions of this section.
(4) If, where subsection (1) above applies, it appears to the
court for any reason not clear whether, for the offence charged,
the value involved does or does not exceed the relevant sum, the
provisions of subsections (5) and (6) below shall apply.
(5) The court shall cause the charge to be written down, if
this has not already been done, and read to the accused, and
shall explain to him in ordinary language-
(a) that he can, if he wishes, consent to be tried summarily
for the offence and that if he consents to be so tried,
he will definitely be tried in that way ; and
 Magistrates' Courts Act 1980 c. 43 17

(b) that if he is tried summarily and is convicted by the PART I

court, his liability to imprisonment or a fine will be
limited as provided in section 33 below.
(6) After explaining to the accused as provided by subsection
(5) above the court shall ask him whether he consents to be tried
summarily and-
(a) if he so consents, shall proceed in accordance with sub-
section (2) above as if that subsection applied ;
(b) if he does not so consent, shall proceed in accordance
with subsection (3) above as if that subsection applied.
(7) Subsection (1) above shall not apply where the offence
charged-
(a) is one of two or more offences with which the accused
is charged on the same occasion and which appear to
the court to constitute or form part of a series of two
or more offences of the same or a similar character ; or
(b) consists in the incitement to commit two or more
scheduled offences.
(8) Where a person is convicted by a magistrates' court of a
scheduled offence, it shall not be open to him to appeal to the
Crown Court against the conviction on the ground that the
convicting court's decision as to the value involved was mistaken.
(9) If, where subsection (1) above applies, the offence charged
is one with which the accused is charged jointly with a person
who has not attained the age of 17, the reference in that sub-
section to any representations made by the accused shall be read
as including any representations made by the person under 17.
(10) In this section " the value involved ", in relation to any
scheduled offence, means the value indicated in the second
column of Schedule 2 to this Act, measured as indicated in the
third column of that Schedule ; and in that Schedule " the
material time " means the time of the alleged offence.

23.-(1) Where- Power of

court, with
(a) the accused is represented by counsel or a solicitor who consent of
in his absence signifies to the court the accused's con-1
sent to the proceedings for determining how he is to represented
be tried for the offence being conducted in his absence ; accused, to
proceed in
and his absence.
(b) the court is satisfied that there is good reason for pro-
ceeding in the absence of the accused,
the following provisions of this section shall apply.
(2) Subject to the following provisions of this section, the
court may proceed in the absence of the accused in accordance
18 c. 43 Magistrates' Courts Act 1980

PART I with such of the provisions of sections 19 to 22 above as are

applicable in the circumstances.
(3) If, in a case where subsection (1) of section 22 above
applies, it appears to the court as mentioned in subsection (4) of
that section, subsections (5) and (6) of that section shall not apply
and the court
(a) if the accused's consent to be tried summarily has been
or is signified by the person representing him, shall
proceed in accordance with subsection (2) of that
section as if that subsection applied ; or
(b) ifthat consent has not been and is not so signified,
shall proceed in accordance with subsection (3) of that
section as if that subsection applied.

(4) If, where the court has considered as required by section

19(1) above, it appears to the court that the offence is more
suitable for summary trial then-
(a) if the accused's consent to be tried summarily has been
or is signified by the person representing him, section 20
above shall not apply, and the court shall proceed to
the summary trial of the information ; or
(b) if that consent has not been and is not so signified,
section 20 above shall not apply and the court shall
proceed to inquire into the information as examining
justices and may adjourn the hearing without remanding
the accused.
(5) If, where the court has considered as required by section
19(1) above, it appears to the court that the offence is more
suitable for trial on indictment, section 21 above shall not apply,
and the court shall proceed to inquire into the information as
examining justices and may adjourn the hearing without remand-
ing the accused.

Summary 24.-(1) Where a person under the age of 17 appears or is

trial of brought before. a magistrates' court on an information charging
information him with an indictable offence other than homicide, he shall be
against child
or young tried summarily unless-
person for (a) he has attained the age of 14 and the offence is such
indictable as is mentioned in subsection (2) of section 53 of the
offence.
1933 c. 12.
Children and Young Persons Act 1933 (under which
young persons convicted on indictment of certain
grave crimes may be sentenced to be detained for long
periods) and the court considers that if he is found
guilty of the offence it ought to be possible to sen-
tence him in pursuance of that subsection ; or
 Magistrates' Courts Act 1980 c. 43 19

(b) he is charged jointly with a person who has attained PART I

the age of 17 and the court considers it necessary in
the interests of justice to commit them both for trial ;
and accordingly in a case falling within paragraph (a) or (b) of
this subsection the court shall commit the accused for trial if
either it is of opinion that there is sufficient evidence to put him
on trial or it has power under section 6(2) above so to commit
him without consideration of the evidence.
(2) Where, in a case falling within subsection (1)(b) above,
a magistrates' court commits a person under the age of 17 for
trial for an offence with which he is charged jointly with a person
who has attained that age, the court may also commit him for
trial for any other indictable offence with which he is charged
at the same time (whether jointly with the person who has
attained that age or not) if that other offence arises out of
circumstances which are the same as or connected with those
giving rise to the firstmentioned offence.
(3) If on trying a person summarily in pursuance of sub-
section (1) above the court finds him guilty, it may impose a
fine of an amount not exceeding £200 or may exercise the same
powers as it could have exercised if he had been found guilty
of an offence for which, but for section 19(1) of the Powers of 1973 c. 62.
Criminal Courts Act 1973, it could have sentenced him to
imprisonment for a term not exceeding 3 months.
(4) In relation to a person under the age of 14 subsection (3)
above shall have effect as if for the words " £200 " there were
substituted the words " £50 "; but this subsection shall cease to
have effect on the coming into force of section 4 of the Children 1969 c. 54.
and Young Persons Act 1969 (which prohibits criminal pro-
ceedings against children).

25.-(1) Subsections (2) to (4) below shall have effect where Power to
attained the age of 17 appears or is brought change from
a person who has summary trim
before a magistrates' court on an information charging him with prcommioceeding
an offence triable either way.. proceedings,,
and vice versa,
(2) Where the court has (otherwise than in pursuance of
section 22(2) above) begun to try the information summarily, the
court may, at any time before the conclusion of the evidence
for the prosecution, discontinue the summary trial and proceed
to inquire into the information as examining justices and, on
doing so, may adjourn the hearing without remanding the
accused.
(3) Where the court has begun to inquire into the information
as examining justices, then, if at any time during the inquiry it
appears to the court, having regard to any representations made
in the presence of the accused by the prosecutor, or made by the
20 c. 43 Magistrates' Courts Act 1980

PART I accused, and to the nature of the case, that the offence is after
all more suitable for summary trial, the court may, after doing
as provided in subsection (4) below, ask the accused whether he
consents to be tried summarily and, if he so consents, may
proceed to try the information summarily ; but if the prosecu-
tion is being carried on by the Attorney General, the Solicitor
General or the Director of Public Prosecutions, the court shall
not act under this subsection without his consent.
(4) Before asking the accused under subsection (3) above
whether he consents to be tried summarily, the court shall in
ordinary language-
(a) explain to him that it appears to the court more suitable
for him to be tried summarily for the offence, but that
this can only be done if he consents to be so tried ; and
(b) unless it has already done so, explain to him, as pro-
vided in section 20(2)(b) above, about the court's power
to commit to the Crown Court for sentence.
(5) Where a person under the age of 17 appears or is brought
before a magistrates' court on an information charging him with
an indictable offence other than homicide, and the court-
(a) has begun to try the information summarily on the foot-
ing that the case does not fall within paragraph (a) or
(b) of section 24(1) above and must therefore be tried
summarily, as required by the said section 24(1) ; or
(b) has begun to inquire into the case as examining justices
on the footing that the case does so fall,
subsection (6) or (7) below, as the case may be, shall have effect.
(6) If, in a case falling within subsection (5)(a) above, it
appears to the court at any time before the conclusion of the
evidence for the prosecution that the case is after all one which
under the said section 24(1) ought not to be tried summarily, the
court may discontinue the summary trial and proceed to inquire
into the information as examining justices and, on doing so,
may adjourn the hearing without remanding the accused.
(7) If, in a case falling within subsection (5)(b) above, it
appears to the court at any time during the inquiry that the case
is after all one which under the said section 24(1) ought to be
tried summarily, the court may proceed to try the information
summarily.

Power to issue 26.-(1) Where-

summons to (a) in the circumstances mentioned in section 23(1)(a) above
accused in
certain the court is not satisfied that there is good reason for
circumstances. proceeding in the absence of the accused ; or
 Magistrates' Courts Act 1980 c. 43 21

(b) subsection (4)(b) or (5) of section 23 or subsection (2) or PART I

(6) of section 25 above applies, and the court adjourns
the hearing in pursuance of that subsection without
remanding the accused,
the justice or any of the justices of which the court is composed
may issue a summons directed to the accused requiring his
presence before the court.
(2) If the accused is not present at the time and place
appointed-
(a) in a case within subsection (1)(a) above, for the proceed-
ings under section 19(1) or 22(1) above, as the case may
be ; or
(b) in a case within subsection (1)(b) above, for the resump-
tion of the hearing,
the court may issue a warrant for his arrest.

27. Where on the summary trial of an information for an Effect of

offence triable either way the court dismisses the information, dismissal of
information
the dismissal shall have the same effect as an acquittal on for offence
indictment. triable either
way.

j, 28. Where under section 25(3) or (7) above a magistrates' Using in

summary trial
court, having begun to inquire into an information as examining evidence given
ustices, proceeds to try the information summarily, then, subject in committal
to sections 102(9) and 103(3) below, any evidence already given proceedings.
before the court shall be deemed to have been given in and for
the purposes of the summary trial.

Power to remit person under 17 for trial to juvenile court

29.-(1) Where- Power of
a person under the age of 17 (" the juvenile ") appears trate
(a)
or is brought before a magistrates' court other than agt
c person
remit
a juvenile court on an information jointly charging under 17 for
him and one or more other persons with an offence ; trial to a
and juvenile
court in
(b) that other person, or any of those other persons, has certain
attained that age, circumstances.
subsection (2) below shall have effect notwithstanding proviso
(a) in section 46(1) of the Children and Young Persons Act 1933 c. 12.
1933 (which would otherwise require the charge against the
juvenile to be heard by a magistrates' court other than a juvenile
court).
In the following provisions of this section " the older accused "
means such one or more of the accused as have attained the
age of 17.
22 c. 43 Magistrates' Courts.Act 1980

Pens I (2) If-

(a) thecourt proceeds to the summary trial of the informa-
tion in the case of both or all of the accused, and
the older accused or each of the older accused pleads
guilty ; or
(b) the court-
(i) in the case of the older accused or each of the
older accused, proceeds to inquire into the informa-
tion as examining justices and either commits him
for trial or discharges him ; and
(ii) in the case of the juvenile, proceeds to the
summary trial of the information,
then, if in either situation the juvenile pleads not guilty, the
court may before any evidence is called in his case remit him
for trial to a juvenile court acting for the same place as the
remitting court or for the place where he habitually resides.
(3) A person remitted to a juvenile court under subsection
(2) above shall be brought before and tried by a juvenile court
accordingly.

(4) Where a person is so remitted to a juvenile court-

(a) he shall have no right of appeal against the order of
remission ; and
(b) the remitting court may give such directions as appear
to be necessary with respect to his custody or for his
release on bail until he can be brought before the
juvenile court.
(5) The preceding provisions of this section shall apply in
relation to a corporation as if it were an individual who has
attained the age of 17.

Remand for medical examination

Remand for 30.-(1) If, on the trial by a magistrates' court of an offence
medical punishable on summary conviction with imprisonment, the court
examination. is satisfied that the accused did the act or made the omission
charged but is of opinion that an inquiry ought to be made
into his physical or mental condition before the method of
dealing with him is determined, the court shall adjourn the
case to enable a medical examination and report to be made
and shall remand him ; but the adjournment shall not be for
more than 3 weeks at a time where the court remands him
in custody nor for more than 4 weeks at a time where it remands
him on bail.
 Magistrates' Courts Act 1980 c. 43 23

(2) Where on an adjournment under subsection (1) above the PART I

accused is remanded on bail, the court shall impose conditions
under paragraph (d) of section 3(6) of the Bail Act 1976 and 1976 c. 63.
the requirements imposed as conditions under that paragraph
shall be or shall include requirements that the accused-
(a) undergo medical examination by a duly qualified
medical practitioner or, where the inquiry is into his
mental condition and the court so directs, two such
practitioners ; and
(b) for that purpose attend such an institution or place,
or on such practitioner, as the court directs and, where
the inquiry is into his mental condition, comply with
any other directions which may be given to him for
that purpose by any person specified by the court or
by a person of any class so specified.
(3) The. Costs in Criminal Cases' Act 1973 shall apply to a 1973 c. 14.
duly qualified medical practitioner who makes a report otherwise
than in writing for the purposes of this section as it applies
to a person called to give evidence, and shall so apply not-
withstanding that the proceedings for the purposes of which
the report is made are not proceedings to which section 1 of
that Act applies.

Powers in respect of offenders

31.-(1) Without prejudice to section 133 below, a magistrates' General limit
court shall not have power to impose imprisonment for more on power of
mag totes'
than 6 months in respect of any one offence.
(2) Unless expressly excluded, subsection (1) above shall apply impsonment.
even the offence in question is one for which a person would
if
otherwise be liable on summary conviction to imprisonment for
more than 6 months.
(3) Any power of a magistrates' court to impose a term of
imprisonment for non-payment of a fine, or for want of sufficient
distress to satisfy a fine, shall not be limited by virtue of sub-
section (1) above.
(4) In subsection (3) above " fine " includes a pecuniary
penalty but does not include a pecuniary forfeiture or pecuniary
compensation.

32.-(1) On summary conviction of any of the offences triable Penalties

summary
on
either way listed in Schedule 1 to this Act a person shall be liable
conviction for
to imprisonment for a term not exceeding 6 months or to a fine offences triable
not exceeding the prescribed sum or both, except that- either way.
(a) a magistrates' court shall not have power to impose
imprisonment for an offence so listed if the Crown
24 c. 43 Magistrates' Courts Act 1980

PART I Court would not have that power in the case of an

adult convicted of it on indictment ;
(b) on summary conviction of an offence consisting in the
incitement to commit an offence triable either way a
person shall not be liable to any greater penalty than
he would be liable to on summary conviction of the
last-mentioned offence : and
(c) on summary conviction of attempting to commit an
offence triable either way a person shall not be liable
to any greater penalty than he would be liable to on
summary conviction of the completed offence.

(2) For any offence triable either way which is not listed in
Schedule 1 to this Act, being an offence under a relevant enact-
ment, the maximum fine which may be imposed on summary
conviction shall by virtue of this subsection be the prescribed
sum unless the offence is one for which by virtue of an enact-
ment other than this subsection a larger fine may be imposed on
summary conviction.

(3) Where, by virtue of any relevant enactment, a person

summarily convicted of an offence triable either way would,
apart from this section, be liable to a maximum fine of one
amount in the case of a first conviction and of a different amount
in the case of a second or subsequent conviction, subsection (2)
above shall apply irrespective of whether the conviction is a first,
second or subsequent one.

(4) Subsection (2) above shall not affect so much of any enact-
ment as (in whatever words) makes a person liable on summary
conviction to a fine not exceeding a specified amount for each
day on which a continuing offence is continued after conviction
or the occurrence of any other specified event.

tion of any of the following offences : -

(5) Subsection (2) above shall not apply on summary convic-

(a) offences under section 5(2) of the Misuse of Drugs Act

1971 c. 38.
1971 (having possession of a controlled drug) where the
controlled drug in relation to which the offence was
committed was a Class B or Class C drug ;
(b) offences under the following provisions of that Act,
where the controlled drug in relation to which the
offence was committed was a Class C drug, namely-
(i) section 4(2) (production, or being concerned in
the production, of a controlled drug) ;
(ii) section 4(3) (supplying or offering a controlled
drug or being concerned in the doing of either
activity by another) ;
 Magistrates' Courts Act 1980 c. 43 25

(iii) section 5(3) (having possession of a controlled PART I

drug with intent to supply it to another) ;
(iv) section 8 (being the occupier, or concerned in
the management, of premises and permitting or
suffering certain activities to take place there) ;
(v) section 12(6) (contravention of direction pro-
hibiting practitioner etc. from possessing, supplying
etc. controlled drugs) ; or
(vi) section 13(3) (contravention of direction pro-
hibiting practitioner etc. from prescribing, supplying
etc. controlled drugs).

(6) Where, as regards any offence triable either way, there is

under any enactment (however framed or worded) a power by
subordinate instrument to restrict the amount of the fine which
on summary conviction can be imposed in respect of that
offence-
(a) subsection (2) above shall not affect that power or over-
ride any restriction imposed in the exercise of that
power ; and
(b) the amount to which that fine may be restricted in
the exercise of that power shall be any amount less than
the maximum fine which could be imposed on summary
conviction in respect of the offence apart from any
restriction so imposed.

(7) Where there is under any relevant enactment (however

framed or worded) a power by subordinate instrument to impose
penal provisions, being a power which allows the creation of
offences triable either way-
(a) the maximum fine which may in the exercise of that
power be authorised on summary conviction in respect
of an offence triable either way shall by virtue of this
subsection be the prescribed sum unless some larger
maximum fine can be authorised on summary convic-
tion in respect of such an offence by virtue of an
enactment other than this subsection ; and
(b) subsection (2) above shall not override any restriction
imposed in the exercise of that power on the amount
of the fine which on summary conviction can be
imposed in respect of an offence triable either way
created in the exercise of the power.

(8) In subsection (5) above " controlled drug ", " Class B
drug " and " Class C drug " have the same meaning as in the
Misuse of Drugs Act 1971. 1971 c. 38.

B
26 c. 43 Magistrates' Courts Act 1980

PART I (9) In this section-

" fine " includes a pecuniary penalty but does not include
a pecuniary forfeiture or pecuniary compensation ;
" the prescribed sum " means £ 1,000 or such sum as is for
the time being substituted in this definition by an order
in force under section 143(1) below ;
" relevant enactment " means an enactment contained in
1977 c. 45. the Criminal Law Act 1977 or in any Act passed
before, or in the same Session as, that Act.

Maximum 33.-(1) Where in pursuance of subsection (2) of section 22

penalties on above a magistrates' court proceeds to the summary trial of an
summary
conviction in information, then, if the accused is summarily convicted of the
pursuance of offence-
section 22. (a) the court shall not have power to impose on him in
respect of that offence imprisonment for more than 3
months or a fine greater than £500 ; and
(b) section 38 below shall not apply as regards that offence.

(2) In subsection (1) above "fine" includes a pecuniary

penalty but does not include a pecuniary forfeiture or pecuniary
compensation.

Mitigation of 34.-(1) Where under any enactment whether passed before

penalties, etc. or after the commencement of this Act a magistrates' court has
power to sentence an offender to imprisonment for a period
specified by the enactment, or to a fine of an amount specified
by the enactment, then, except where an Act passed after 31st
December 1879 expressly provides to the contrary, the court
may sentence him to imprisonment for less than that period or,
as the case may be, to a fine of less than that amount.

(2) Where under any such enactment an offender sentenced

on summary conviction to imprisonment or a fine is required
to enter into a recognizance with or without sureties to keep
the peace or observe any other condition, the court convicting
him may dispense with or modify the requirement.
(3) Where under any such enactment a magistrates' court
has power to sentence an offender to imprisonment or other
detention but not to a fine, then, except where an Act passed
after 31st December 1879 expressly provides to the contrary, the
court may, instead of sentencing him to imprisonment or other
detention, impose a fine which-
(a) for an offence triable either way, shall not exceed the
prescribed sum within the meaning of section 32
above ; and
 Magistrates' Courts Act 1980 c. 43 27

(b) for a summaryy offence, shall- PART

(i) not exceed £200 ;and

(ii) not be of such an amount as would subject the
offender, in default of payment of the fine, to a
longer term of imprisonment or detention than the
term to which he is liable on conviction of the
offence.

35. In fixing the amount of a fine, a magistrates' court shall Fixing amount
take into consideration among other things the means of the of fine.
person on whom the fine is imposed so far as they appear or
are known to the court.

36.-(1) Where a person under 17 years of age is found guilty Restriction

by a magistrates' court of an offence for which, apart from this on fines in
of
respect
section, the court would have power to impose a fine of an persons.
amount exceeding £200, the amount of any fine imposed by the young
court shall not exceed £200.
(2) In relation to a person under the age of 14 subsection
(1) above shall have effect as if for the words " £200 ", in both
the places where they occur, there were substituted the words
'

" £50 " ; but this subsection shall cease to have effect on the
coming into force of section 4 of the Children and Young 1969 c. 54.
Persons Act 1969 (which prohibits criminal proceedings against
children).

37.-(1) Where a person is convicted by a magistrates' court Committal to

of an offence punishable on summary conviction with imprison- Crown Court
the conviction he not less than with a view
ment, then, if on the day of is to borstal
15 but under 21 years old and is a person who under section sentence.
1(2) and (4) of the Criminal Justice Act 1961 may be committed 1961 c. 39.
for a sentence of borstal training, the court may commit him
in custody or on bail to the Crown Court for sentence in
accordance with the provisions of section 20 of the Criminal 1948 c. 58.
Justice Act 1948.
(2) A' person committed in custody under subsection (1)
above shall be committed-
(a) if the court has been notified by the Secretary of State
that a remand centre is available for the reception,
from that court, of persons of the class or description
of the person committed, to a remand centre ;
(b) if the court has not been so notified, to a prison.
B2
28 c. 43 Magistrates' Courts Act 1980

PART I 38. Where on the summary trial of an offence triable either

Committal for way (not being an offence as regards which this section is
sentence on excluded by section 33 above) a person who is not less than 17
summary trial years old is convicted
of offence of the offence, then, if on obtaining
way, either information about his character and antecedents the court is of
way. opinion that they are such that greater punishment should be
inflicted for the offence than the court has power to inflict, the
1967 c. 80. court may, in accordance with section 56 of the Criminal
Justice Act 1967, commit him in custody or on bail to the
Crown Court for sentence in accordance with the provisions
1973 c. 62. of section 42 of the Powers of Criminal Courts Act 1973.

Cases where 39.-(1) Where a person who has attained the age of 17
magistrates'
court may (" the offender ") has been convicted by a magistrates' court
remit offender (" the convicting court ") of an offence to which this section
to another and-
applies (" the instant offence ")
such court for
sentence.
(a) it appears to the convicting court that some other
magistrates' court (" the other court ") has convicted
him of another such offence in respect of which the
other court has neither passed sentence on him nor
committed him to the Crown Court for sentence nor
dealt with him in any other way ; and
(b) the other court consents to his being remitted under
this section to the other court,
the convicting court may remit him to the other court to be
dealt with in respect of the instant offence by the other court
instead of by the convicting court.

(2) The offender, if remitted under this section, shall have

no right of appeal' against the order of remission.

(3) Where the convicting court remits the offender to the

other court under this section, it shall adjourn the trial of the
information charging him with the instant offence, and-
(a) section 128 below and all other enactments (whenever
passed) relating to remand or the granting of bail in
criminal proceedings shall have effect in relation to
the convicting court's power or duty to remand the
offender on that adjournment as if any reference to
the court to or before which the person remanded
is to be brought or appear after remand were a
reference to the court to which he is being remitted ;
and
(b) subject to subsection (4) below, the other court may
deal with the case in any way in which it would have
power to deal with it (including, where applicable, the
remission of the offender under this section to another
magistrates' court in respect of the instant offence)
 Magistrates' Courts Act 1980 c. 43 29

if allproceedings relating to that offence which took PART I

place before the convicting court had taken place
before the other court.
(4) Nothing in this section shall preclude the convicting court
from making any order which it has power to make under
section 28 of the Theft Act 1968 (orders for restitution) by virtue 1968 c. 60.
of the offender's conviction of the instant offence.
(5) Where the convicting court has remitted the offender under
this section to the other court, the other court may remit him
back to the convicting court ; and the provisions of subsection
(3) above (so far as applicable) shall apply with the necessary
modifications in relation to any remission under this subsection.
(6) This section applies to-
(a) any offence punishable with imprisonment ; and
(b) any offence in respect of which the convicting court has
a power or duty to order the offender to be disqualified
under section 93 of the Road Traffic Act 1972 (dis- 1972 c. 20.
qualification for certain motoring offences) ;
and in this section " conviction " includes a finding under section
30(1) above that the person in question did the act or made the
omission charged, and " convicted " shall be construed accord.
ingly.

40.-(1) The compensation to be paid under a compensation Restriction on

order made by a magistrates' court in respect of any offence of amount
under
which the court has convicted the offender shall not exceed payable compensation
ofation
£1,000 ; and the compensation or total compensation to be paid
under a compensation order or compensation orders made by a magistrates'
magistrates' court in respect of any offence or offences taken court.
into consideration in determining sentence shall not exceed the
difference (if any) between the amount or total amount which
under the preceding provisions of this subsection is the maximum
for the offence or offences of which the offender has been con-
victed and the amount or total amounts (if any) which are in
fact ordered to be paid in respect of that offence or those offences.
(2) In subsection (1) above " compensation order " has the
meaning assigned to it by section 35(1) of the Powers of Criminal 1973 c. 62.
Courts Act 1973.

Miscellaneous
41. A person charged with treason shall not be granted bail Restriction on
of bail
except by order, of a judge of the High Court or the Secretary of grant
in treason.
State..
B3
30 c. 43 Magistrates' Courts Act 1980

PART I 42.-(1) A justice of the peace shall not take part in trying the
Restriction on issue of an accused's guilt on the summary trial of an information
justices sitting if in the course of the same proceedings the justice has been
after dealing informed, for the purpose of determining whether the accused
with bail. shall be granted bail, that he has one or more previous convic-
tions.
(2) For the purposes of this section any committal proceedings
from which the proceedings on the summary trial arose shall be
treated as part of the trial.

Bail on arrest 43.-(1) On a person's being taken into custody for an offence
without without a warrant, a police officer not below the rank of inspector,
warrant. or the police officer in charge of the police station to which the
person is brought, may, and, if it will not be practicable to bring
him before a magistrates' court within 24 hours after his being
taken into custody, shall, inquire into the case and, unless the
offence appears to the officer to be a serious one, grant him bail
1976 c. 63. in accordance with the Bail Act 1976 subject to a duty to appear
before a magistrates' court at such time and place as the officer
appoints.
(2) Where a person has been granted bail under subsection (1)
above, the magistrates' court before which he is to appear may
appoint a later time as the time at which he is to appear and may
enlarge the recognizances of any sureties for him to that time.
(3) Where, on a person's being taken into custody for an
offence without a warrant, it appears to any such officer as
aforesaid that the inquiry into the case cannot be completed
forthwith, he may grant him bail in accordance with the Bail
Act 1976 subject to a duty to appear at such a police station
and at such a time as the officer appoints unless he previously
receives a notice in writing from the officer in charge of that
police station that his attendance is not required ; and the recog-
nizance of any surety for that person may be enforced as if it
were conditioned for the appearance of that person before a
magistrates' court for the petty sessions area in which the police
station named in the recognizance is situated.
(4) Where a person is taken into custody for an offence without
a warrant and is retained in custody, he shall be brought before
a magistrates' court as soon as practicable.

Aiders and 44.-(1) A person who aids, abets, counsels or procures the
abettors. commission by another person of a summary offence shall be
guilty of the like offence and may be tried (whether or not he is
charged as a principal) either by a court having jurisdiction to
try that other person or by a court having by virtue of his own
offence jurisdiction to try him.
 Magistrates' Courts Act 1980 c. 43 31

(2) Any offence consisting in aiding, abetting, counselling or PART I

procuring the commission of an offence triable either way (other
than an offence listed in Schedule 1 to this Act) shall by virtue
of this subsection be triable either way.

45.-(l) Any offence consisting in the incitement to commit a Incitement.

summary offence shall be triable only summarily.
(2) Subsection (1) above is without prejudice to any other
enactment by virtue of which any offence is triable only sum-
marily.
(3) On conviction of an offence consisting in the incitement to
commit a summary offence a person shall be liable to the same
penalties as he would be liable to on conviction of the last-
mentioned offence.

46. The provisions of Schedule 3 to this Act shall have effect Corporations.
where a corporation is charged with an offence before a magi-
strates' court.

47. Where any enactment requires, expressly or by implica- Service of

tion, that a summons in respect of an offence shall be issued or oftime tort
served within a specified period after the commission of the failure to
a
offence, and service of the summons may under the rules be prove service
effected by post, then, if under the rules service of the summons by post.
is not treated as proved, but it is shown that a letter containing
the summons was posted at such time as to enable it to be
delivered in the ordinary course of post within that period, a
second summons may be issued on the same information ; and
the enactment shall have effect, in relation to that summons, as
if the specified period were a period running from the return day
of the original summons.

48. Where a summons or warrant has been issued requiring Return of

taken
any person to appear or be brought before a magistrates' court property
from accused.
to answer to an information, or where any person has been
arrested without a warrant for an offence, and property has
been taken from him after the issue of the summons or warrant
or, as the case may be, on or after. his arrest without a warrant,
the police shall report the taking of the property, with particulars
of the property, to the magistrates' court which deals with the
case ; and, if the court, being of opinion that the whole or any
part of the property can be returned to the accused consistently
with the interests of justice and the safe custody of the accused,
so directs, the property, or such part of it as the court directs,
shall be returned to the accused or to such other person as he
may require.
B4
 32 c. 43 Magistrates' Courts Act 1980

PART I 49.-(1) Where any person not less than 14 years old-
Taking of (a) who has been taken into custody is charged with an
finger-prints. offence before a magistrates' court; or
(b) appears before a magistrates' court in answer to a
summons for an offence punishable with imprisonment,
the court may, if it thinks fit, on the application of a police officer
not below the rank of inspector, order the finger-prints of that
person to be taken by a constable.
(2) Finger-prints taken in pursuance of an order under this
section shall be taken either at the place where the court is sitting
or. if the person to whom the order relates is remanded in
custody, at any place to which he is committed ; and a constable
may use such, reasonable force as may be necessary for that
purpose.
(3) The provisions of this section shall be in addition to those
of any other enactment under which finger-prints may be taken.
(4) Where the finger-prints of any person have been taken in
pursuance of an order under this section, then, if he is acquitted,
or the examining justices determine not to commit him for trial,
or if the information against him is dismissed, the finger-prints
and all copies and records of them shall be destroyed.
(5) In this section " finger-prints " includes palm-prints.

Construction 50. In any enactment conferring power on a magistrates' court

of references to deal with an offence, or to issue a summons or warrant against
to complaint
in enactments a person suspected of an offence, on the complaint of any person,
dealing with for references to a complaint there shall be substituted references
offences. to an information.

PART II
CIVIL JURISDICTION AND PROCEDURE
Jurisdiction to issue summons and deal with complaints
Issue of 51. Subject to the provisions of this Act, where a complaint
summons on is made to a justice of the peace acting for any petty sessions
complaint.
area upon which a magistrates' court acting for that area has
power to make an order against any person, the justice may issue
a summons directed to that person requiring him to appear before
a magistrates' court acting for that area to answer to the
complaint.

Jurisdiction 52. Where no express provision is made by any Act or the

to deal with rules specifying what magistrates' courts shall have jurisdiction
complaints. to hear a complaint, a magistrates' court shall have such juris-
diction if the complaint relates to anything done within the com-
mission area for which the court is appointed or anything left
 Magistrates' Courts Act 1980 c. 43 33

undone that ought to have been done there, or ought to have PART II
been done either there or elsewhere, or relates to any other
matter arising within that area.
In this section " commission area " has the same meaning as in
the Justices of the Peace Act 1979. 1979 c. 55.

Hearing of complaint
53.-(1) On the hearing of a complaint, the court shall, if Procedure
the defendant appears, state to him the substance of the on hearing.
complaint.
(2) The court, after hearing the evidence and the parties, shall
make the order for which the complaint is made or dismiss the
complaint.
(3) Where a complaint is for an order for the payment of a
sum recoverable summarily as a civil debt, or for the variation
of the rate of any periodical payments ordered by a magis-
trates' court to be made, or for such other matter as may be
prescribed, the court may make the order with the consent of
the defendant without hearing evidence.
54.-(1) A magistrates' court may at any time, whether before Adjournment.
or after beginning to hear a complaint, adjourn the hearing,
and may do so, notwithstanding anything in -this Act, when
composed of a single justice.
(2) The court may when adjourning either fix the time and
place at which the hearing is to be resumed or, unless it remands
the defendant under section 55 below, leave the time and place
to be determined later by the court; but the hearing shall not be
resumed at that time and place unless the court is satisfied that
the parties have had adequate notice thereof.

55.-(1) Where at the time and place appointed for the hear- Non-
ing or adjourned hearing of a complaint the complainant appears appearance of
but the defendant does not, the court may, subject to subsection defendant.
(3) below, proceed in his absence.
(2) Where the court, instead of proceeding in the absence of
the defendant, adjourns, or further adjourns, the hearing, the
court may, if the complaint has been substantiated on oath, and
subject to the following provisions of this section, issue a
warrant for his arrest.
(3) The court shall not begin to hear the complaint in the
absence of the defendant or issue a. warrant under this section
unless either it is proved to the satisfaction of the court, on oath
or in such other manner as may be prescribed, that the summons
was served on him within what appears to the court to be a
34 c. 43 Magistrates' Courts Act 1980

PART II reasonable time before the hearing or adjourned hearing or

the defendant has appeared on a previous occasion to answer
to the complaint.
(4) Where the defendant fails to appear at an adjourned
hearing, the court shall not issue a warrant under this section
unless it is satisfied that he has had adequate notice of the time
and place of the adjourned hearing.
(5) Where the defendant is arrested under a warrant issued
under this section, the court may, on any subsequent adjourn-
ment of the hearing, but subject to the provisions of subsection
(6) below, remand him.
(6) The court shall not issue a warrant or remand a defendant
under this section or further remand him by virtue of section
128(3) below after he has given evidence in the proceedings.
(7) Where the court remands the defendant, the time fixed
for the resumption of the hearing shall be that at which he is
required to appear or be brought before the court in pursuance
of the remand.
(8) A warrant under this section shall not be issued in any
proceedings for the recovery or enforcement of a sum recover-
able summarily as a civil debt or in proceedings in any matter
of bastardy.

Non- 56. Where at the time and place appointed for the hearing
appearance of or adjourned hearing of a complaint the defendant appears but
complainant.
the complainant does not, the court may dismiss the complaint
or, if evidence has been received on a previous occasion, proceed
in the absence of the complainant.
Non- 57. Where at the time and place appointed for,the hearing
appearance of or adjourned hearing of a complaint neither the complainant nor
both parties.
the defendant appears, the court may dismiss the complaint.

Civil debt
Money 58.-(1) A magistrates' court shall have power to make an
recoverable order on complaint for the payment of any money recoverable
cummarily as summarily as a civil debt.
civil debt.
(2) Any sum payment of which may be ordered by a magi-
strates' court shall be recoverable summarily as a civil debt
except-
(a) a sum recoverable on complaint for an affiliation order
or order enforceable as an affiliation order ; or
(b) a sum that may be adjudged to be paid by a summary
conviction or by an order enforceable as if it were a
summary conviction.
 Magistrates' Courts Act 1980 c. 43 35

Orders for periodical payment PART II

59.-(1) Where a magistrates' court orders money to be ,paid Periodical
periodically by one person to another, the court may order that payment
through
the payment shall be made to the clerk of the court or the justices clerk.
clerk of any other magistrates' court.
(2) Where the order is an affiliation order, an order under
the Guardianship of Minors Acts 1971 and 1973 or an order
under Part I of the Domestic Proceedings and Magistrates' 1978 c. 22.
Courts Act 1978, the court shall, unless upon representations
expressly made in that behalf by the applicant for the order it
is satisfied that it is undesirable to do so, exercise its power
under subsection (1) above.
(3) Where periodical payments under an order of any court are
required to be paid to or through the clerk of a magistrates'
court and any sums payable under the order are in arrear, the
clerk shall, if the person for whose benefit the payment should
have been made so requests in writing, and unless it appears to
the clerk that it is unreasonable in the circumstances to do so,
proceed in his own name for the recovery of those sums ; but
the said person shall have the same liability for all the costs
properly incurred in or about the proceedings as if the proceed-
ings had been taken by him.
(4) Nothing in this section shall affect any right of a person
to proceed in his own name for the recovery of sums payable
on his behalf under an order of any court.

60. Where a magistrates' court has made an order for the Revocation,
periodical payment of money, the court may, by order on com- variation, etc.,
plaint, revoke, revive or vary the order. of orders for
periodical
The power to vary an order by virtue of this section shall payment.
include power to suspend the operation of any provision of that
order temporarily and to revive the operation of any provision
so suspended.

61.-(1) The power to make rules conferred by section 144 Periodical

below shall, without prejudice to the generality of subsection (1) paymentsby
payable
of that section, include power to make provision- one person
(a) for enabling a person to make one complaint for the under more
recovery of payments required to be made to him by than one order.
another person under more than one periodical pay-
ments order ; and
(b) for apportioning between two or more periodical pay-
ments orders, in such manner as may be prescribed by
the rules, any sum paid to a clerk to a magistrates'
court on any date by the person liable to make pay-
ments under the orders which is less than the total
36 c. 43 Magistrates' Courts Act 1980

PART II sum required to be paid on that date to that clerk by

that person in respect of those orders (being orders
one of which requires payments to be made for the
benefit of a child to the person with whom the child
has his home and one or more of which requires pay-
ments to be made to that person either for his own
benefit or for the benefit of another child who has his
home with him).

(2) In this section-

means a person who has not attained the age of
" child "
18;
" periodical payments order " means an order made by a
magistrates' court, or registered in a magistrates' court
1950 c. 37, under Part II of the Maintenance Orders Act 1950 or
1958 c. 39. Part I of the Maintenance Orders Act 1958, which
requires the making of periodical payments,
and any payments required under a periodical payments order
to be made to a child shall for the purposes of subsection (1)
above be treated as if they were required to be made to the
-person with whom the child has his home.

Payments to children
Provisions as 62.-(1) Where-
to payments periodical payments are required to be made, or a lump
(a)
required to be
made to a
sum is required to be paid, to a child under an order
child, etc. made by a magistrates' court, or
(b) periodical payments are required to be made to a child
under an order which is registered in a magistrates'
court,
any sum required under the order to be paid to the child may
be paid to the person with whom the child has his home, and
that person-
(i) may proceed in his own name for the variation, revival
or revocation of the order, and
(ii) may either proceed in his own name for the recovery
of any sum required to be paid under the order or
request the clerk to the magistrates' court, under sub-
section (3) of section 59 above, to proceed for the
recovery of that sum.
(2) Where a child has a right under any enactment to apply
for the revival of an order made by a magistrates' court which
provided for the making of periodical payments to or for the
benefit of the child, the person with whom the child has his
home may proceed in his own name for the revival of that order.
 Magistrates' Courts Act 1980 c. 43 37

(3) Where any person by whom periodical payments are PART II

required to be paid to a child under an order made by or
registered in a magistrates' court makes a complaint for the
variation or revocation of that order, the person with whom the
child has his home may answer the complaint in his own name.
(4) Nothing in subsections (1) and (2) above shall affect any
right of a child to proceed in his own name for the variation,
revival or revocation of an order or for the recovery of any sum
payable thereunder.
(5) In this section references to the person with whom a child
has his home shall be construed in accordance with Part IV of the
Children Act 1975, except that, in the case of any child in the 1975 c. 72.
care of a local authority, the local authority shall be treated
for the purposes of this section as the person with whom the child
has his home.
(6) In this section any reference to an order registered in a
magistrates' court is a reference to an order registered in a
magistrates' court under Part II of the Maintenance Orders Act 1950 c. 37.
1950 or Part I of the Maintenance Orders Act 1958. 1958 c. 39.
(7) In this section " child " means a person who has not
attained the age of 18.

Orders other than for payment of money

63.-(1) Where under any Act passed after 31st December orders other
1879 a magistrates' court has power to require the doing of any- than for
thing other than the payment of money, or to prohibit the doing payment of
money.
of anything, any order of the court for the purpose of exercising
that power may contain such provisions for the manner in which
anything is to be done, for the time within which anything is to
be done, or during which anything is not to be done, and
generally for giving effect to the order, as the court thinks fit.
(2) The court may by order made on complaint suspend
or rescind any such order as aforesaid.
(3) Where any person disobeys an order of a magistrates'
court made under an Act passed after 31st December 1879 to do
anything other than the payment of money or to abstain from
doing anything the court may-
(a) order him to pay a sum not exceeding £50 for every
day during which he is in default or a sum not exceed-
ing £1,000 ; or
(b) commit him to custody until he has remedied his default
or for a period not exceeding 2 months ;
but a person who is ordered to pay a sum for every day during
which he is in default or who is committed to custody until he
38 c. 43 Magistrates' Courts Act 1980

PART II has remedied his default shall not by virtue of this section
be ordered to pay more than £1,000 or be committed for more
than 2 months in all for doing or abstaining from doing the same
thing contrary to the order (without prejudice to the operation
of this section in relation to any subsequent default).
(4) Any sum ordered to be paid under subsection (3) above
shall for the purposes of this Act be treated as adju4ged to be
paid by a conviction of a magistrates' court.
(5) The preceding provisions of this section shall not apply
to any order for the enforcement of which provision is made by
any other enactment.
Costs
Power to 64.-(1) On the hearing of a complaint, a magistrates' court
award costs shall have power in its discretion to make such order as to costs-
and
enforcement (a) on making the order for which the complaint is made,
of costs. to be paid by the defendant to the complainant ;
(b) on dismissing the complaint, to be paid by the com-
plainant to the defendant,
as it thinks just and reasonable ; but if the complaint is for an
order for the periodical payment of money, or for the revocation,
revival or variation of such an order, or for the enforcement of
such an order, the court may, whatever adjudication it makes,
order either party to pay the whole or any part of the other's
costs.
(2) The amount of any sum ordered to be paid under sub-
section (1) above shall be specified in the order, or order of dis-
missal, as the case may be.
(3) Subject to subsection (4) below, costs ordered to be paid
under this section shall be enforceable as a civil debt.
(4) Any costs awarded on a complaint for an affiliation order
or order enforceable as an affiliation order, or for the enforce-
ment, variation, revocation, discharge or revival of such an order,
against the person liable to make payments under the order shall
be enforceable as a sum ordered to be paid by an affiliation
order.
(5) The preceding provisions of this section shall have effect
subject to any other Act enabling a magistrates' court to order
a successful party to pay the other party's costs.

Domestic proceedings
Meaning of 65.-(1) In this Act " domestic proceedings " means proceed-
domestic ings under any of the following enactments, that is to say-
proceedings. (a) the Maintenance Orders (Facilities for Enforcement) Act
1920 c. 33. 1920 ;
 Magistrates' Courts Act 1980 c. 43 39

(b) section 43 or section 44 of the National Assistance Act PART II

1948 ; 1948 c. 29.
(c) section 3 of the Marriage Act 1949 ; 1949 c. 76.
(d) the Affiliation Proceedings Act 1957 ; 1957 c. 55.
(e) the Guardianship of Minors Acts 1971 and 1973 ;
( Part I of the Maintenance Orders (Reciprocal Enforce- 1972 c. 18.
ment) Act 1972;
(g) Part II of the Children Act 1975 ; 1975 c. 72.
(h) the Adoption Act 1976, except proceedings under 1976 c. 36.
section 34 of that Act ;
(i) section 18 or section 19 of the Supplementary Benefits 1976 c. 71.
Act 1976 ;
(j) Part I of the Domestic Proceedings and Magistrates' 1978 c. 22.
Courts Act 1978 ;
(k) section 47, 49 or 50 of the Child Care Act 1980; 1980 c. 5.
(1) section 60 of this Act ;

except that, subject to subsection (2) below, it does not include-

(i) proceedings for the enforcement of any order made,
confirmed or registered under any of those enactments ;
(ii) proceedings for the variation of any provision for the
periodical payment of money contained in an order
made, confirmed or registered under any of those
enactments ; or
(iii) proceedings on an information in respect of the com-
mission of an offence under any of those enactments.

(2) The court before which there fall to be heard any of the
following proceedings, that is to say-
(a) proceedings (whether under this Act or any other enact-
ment) for the enforcement of any order made, confirmed
or registered under any of the enactments specified in
paragraphs (a) to (k) of subsection (1) above ;
(b) proceedings (whether under this Act or any other enact-
ment) for the variation of any provision for the making
of periodical payments contained in an order made,
confirmed or registered under any of those enactments ;
(c) proceedings for an attachment of earnings order to secure
maintenance payments within the meaning of the
Attachment of Earnings Act 1971 or for the discharge 1971 c. 32.
or variation of such an order ; or
(d) proceedings for the enforcement of a maintenance order
which is registered in a magistrates' court under Part
II of the Maintenance Orders Act 1950 or Part I of 1950 c. 37.
40 c. 43 Magistrates' Courts Act 1980

PART II the Maintenance Orders Act 1958 or for the variation

1958 c. 39. of the rate of payments specified by such an order,
may if it thinks fit order that those proceedings and any other
proceedings being heard therewith shall, notwithstanding any-
thing in subsection (1) above, be treated as domestic proceedings
for the purposes of this Act.
(3) Where the same parties are parties-
(a) to proceedings which are domestic proceedings by vir-
tue of subsection (1) above, and
(b) to proceedings which the court has power to treat as
domestic proceedings by virtue of subsection (2) above,
and the proceedings are heard together by a magistrates' court,
the whole of those proceedings shall be treated as domestic pro-
ceedings for the purposes of this Act.
(4) No appeal shall lie from the making of, or refusal to make,
an order under subsection (2) above.
1976 c. 36. (5) Until the Adoption Act 1976 comes into force subsection
(1) above shall have effect as if for paragraph (h) thereof there
were substituted the following paragraph-
1958 c. 5 " (h) the Adoption Act 1958, the Adoption Act 1960 or
(7 & 8 Eliz. 2). Part I of the Children Act 1975, except proceedings
1960 c. 59. under section 42 or 43 of the Adoption Act 1958."
1975 c. 72.
1980 c. 5. (6) Until the Child Care Act 1980 comes into force subsection
(1) above shall have effect as if for paragraph (k) thereof there
were substituted the following paragraph-
1933 c. 12. " (k) section 87 or section 88 of the Children and Young
Persons Act 1933 or section 26 of the Children Act
1948 c. 43. 1948."

Composition 66-0) Subject to the provisions of this section, a magistrates'

of magistrates' court when hearing domestic procedings shall be composed of
courts for not more than 3 justices of the peace, including, so far as
domestic
proceedings: practicable, both a man and a woman.
general.
(2) Subsection (1) above shall not apply to a magistrates'
court for an inner London petty sessions, area, and, notwith-
standing anything in section 67 below, for the purpose of exer-
cising jurisdiction to hear domestic proceedings such a court
shall be composed of-
(a) a metropolitan stipendiary magistrate as chairman and
one or 2 lay justices who are members of the domestic
court panel for that area ; or
(b) 2 or 3 lay justices who are members of that panel ;
or, if it is not practicable for such a court to be so composed,
the court shall for that purpose be composed of a metropolitan
stipendiary magistrate sitting alone.
 Magistrates' Courts Act 1980 c. 43 41

(3) Where in pursuance of subsection (2) above a magistrates' PART II

court includes lay justices it shall, so far as practicable, include
both a man and a woman.

(4) In the preceding provisions of this section " lay justices "
means justices of the peace for the inner London area who are
not metropolitan stipendiary magistrates.
(5) In this section " inner London petty sessions area " means
the City of London or any petty sessional division of the inner
London area.

67.-(1) Magistrates' courts constituted in accordance with Domestic

the provisions of this section and sitting for the purpose of hear- courts and
ing domestic proceedings shall be known as domestic courts. panels.

(2) A justice shall not be qualified to sit as a member of a

domestic court unless he is a member of a domestic court panel,
that is to say a panel of justices specially appointed to deal with
domestic proceedings.
(3) Without prejudice to the generality of the power to make
rules under section 144 below relating to the procedure and
practice to be followed in magistrates' courts, provision may be
made by such rules with respect to any of the following matters,
that is to say-
(a) the formation and revision of domestic court panels and
the eligibility of justices to be members of such panels ;
(b) the appointment of persons as chairmen of domestic
courts ; and
(c) the composition of domestic courts.
(4) Any provision made by rules by virtue of subsection (3)
above for the formation of domestic court panels shall include
provision for the formation of at least one domestic court panel
for each commission area, but provision shall not be made by
the rules for the formation of more than one domestic court
panel for any petty sessions area.
In this subsection " commission area " has the same meaning
as in the Justices of the Peace Act 1979. 1979 c. 55.

(5) Rules made by virtue of subsection (3) above may confer

powers on the Lord Chancellor with respect to any of the matters
specified in the rules and may, in particular, provide for the
appointment of domestic court panels by him and for the
removal from a domestic court panel of any justice who, in his
opinion, is unsuitable to serve on a domestic court.
42 c. 43 Magistrates' Courts Act 1980

PART II (6) Rules made by virtue of subsection (3) above may make
different provision in relation to different areas for which
domestic court panels are formed ; and in the application of this
section to the counties of Greater Manchester, Merseyside and
Lancashire for any reference in subsection (5) above to the Lord
Chancellor there shall be substituted a reference to the Chan-
cellor of the Duchy of Lancaster.
(7) A stipendiary magistrate who is a member of a domestic
court panel may, notwithstanding anything in section 66(l)
above, hear and determine domestic proceedings when sitting
alone.
(8) Nothing in this section shall require the formation of a
domestic court panel for the City of London.

Combined 68.-(l) Where the Secretary of State considers-

domestic (a) that a combined' domestic court panel should be formed
court panels.
for 2 or more petty sessions areas, or
(b) that any combined domestic court panel which has
been so formed should be dissolved,
he may direct the magistrates' courts committee for the area
concerned to review the functioning of domestic courts in their
area and on completion of the review to submit a report to
the Secretary of State.
(2) Where the Secretary of State gives a direction under sub-
section (1) above, then-
(a) after consideration of any report submitted to him under
that subsection, or
(b) if the committee fail to comply with the direction within
6 months from the giving thereof, after the expiration
of that period of 6 months,
the Secretary of State may, if he thinks fit, make an order for
the formation of a combined domestic court panel for the petty
sessions areas concerned or, as the case may be, for the dissolu-
tion of the combined domestic court panel concerned.
(3) Where the Secretary of State proposes to make an order
under subsection (2) above, he shall send a copy of the proposed
order to the magistrates' courts committee for any area the whole
or part of which is concerned and to any domestic court panel
which is concerned.
(4) Where a copy of the proposed order is required to be
sent under subsection (3) above to any committee or panel,
the Secretary of State shall, before making an order, consider
any representations made to him by the committee or panel
within one month from the time the copy of the proposed order
was sent.
 Magistrates' Courts Act 1980 c. 43 43

(5) An order of the Secretary of State under subsection (2) PART II

above shall be made by statutory instrument and may be revoked
or varied by a subsequent order thereunder.
(6) Any order made under subsection (2) above may contain
supplementary, incidental and consequential provisions.
(7) In the application of this section to the inner London
area any reference to the magistrates' courts committee shall be
treated as a reference to the committee of magistrates.

69.-(1) The business of magistrates' courts shall, so far as is sittings of

consistent with the due dispatch of business, be arranged in magistrates'
such manner as may be requisite for separating the hearing courts for
and determination of domestic proceedings from other business. domestic
proceedings.
(2) In the case of domestic proceedings in a magistrates' court
other than proceedings under the Adoption Act 1976, no person 1976 c. 36.
shall be present during the hearing and determination by the
court of the proceedings except-
(a) officers of the court;
(b) parties to the case before the court, their solicitors and
counsel, witnesses and other persons directly concerned
in the case ;
(c) representatives of newspapers or news agencies ;
(d) any other person whom the court may in its discretion
permit to be present, so, however, that permission shall
not be withheld from a person who appears to the
court to have adequate grounds for attendance.
(3) In relation to any domestic proceedings under the Adop-
tion Act 1976, subsection (2) above shall apply with the omission
of paragraphs (c) and (d).
(4) When hearing domestic proceedings, a magistrates' court
may, if it thinks it necessary in the interest of the administration
of justice or of public decency, direct that any persons, not being
officers of the court or parties to the case, the parties' solicitors
or counsel, or other persons directly concerned in the case, be
excluded during the taking of any indecent evidence.
(5) The powers conferred on a magistrates' court by this
section shall be in addition and without prejudice to any other
powers of the court to hear proceedings in camera.
(6) Nothing in this section shall affect the exercise by a
magistrates' court of the power to direct that witnesses shall be
excluded until they are called for examination.
(7) Until the coming into operation of the Adoption Act
1976 this section shall have effect as if for any reference to
44 c. 43 Magistrates' Courts Act 1980

PART II that Act there were substituted a reference to the Adoption

1958 c. 5 Act 1958, the Adoption Act 1960 and Part I of the Children
(7 & 8 Eliz. 2). Act 1975.
1960 c. 59.
1975 c. 72.

Jurisdiction of 70.-(1) A relevant court for an inner London petty sessions

magistrates' area shall, in addition to hearing proceedings which (apart from
courts in inner subsection (2) below) may be heard by a relevant court for that
London for
domestic area, have jurisdiction to hear proceedings which could be heard
proceedings. before a relevant court for any other such area, but shall not
exercise the jurisdiction conferred by this subsection except in
such cases or classes of case as may be determined by the com-
mittee of magistrates.
(2) A magistrates' court for an inner London petty sessions
area shall not hear any domestic proceedings if the committee
of magistrates so determine.
(3) In this section-
" relevant court " means a magistrates' court when com-
posed for the purpose of exercising jurisdiction to hear
domestic proceedings ;
" inner London petty sessions area " means the City of
London or any petty sessional division of the inner
London area.

Newspaper 71.-(1) In the case of domestic proceedings in a magistrates'

reports of court (other than proceedings under the Adoption Act 1976) it
domestic shall not be lawful for the proprietor, editor or publisher of a
proceedings.
newspaper or periodical to print or publish, or cause or procure
1976 c. 36. to be printed or published, in it any particulars of the proceedings
other than the following, that is to say-
(a) the names, addresses and occupations of the parties and
witnesses ;
(b) the grounds of the application, and a concise statement
of the charges, defences and counter-charges in support
of which evidence has been given ;
(c) submissions on any point of law arising in the course
of the proceedings and the decision of the court on the
submissions ;
(d) the decision of the court, and any observations made
by the court in giving it.
(2) In the case of domestic proceedings in a magistrates'
court under the Adoption Act 1976, subsection (1) above shall
apply with the omission of paragraphs (a) and (b) and the
reference in that subsection to the particulars of the proceedings
 Magistrates' Courts Act 1980 c. 43 45

shall, in relation to any child concerned in the proceedings, PART II

include-
(a) the name, address or school of the child,
(b) any picture as being, or including, a picture of the child.
and
(c) any other particulars calculated to lead to the identifica-
tion of the child.
(3) Any person acting in contravention of this section shall
be liable on summary conviction to a fine not exceeding £500.
(4) No prosecution for an offence under this section shall be
begun without the consent of the Attorney General.
(5) Nothing in this section shall prohibit the printing or
publishing of any matter in a newspaper or periodical of a
technical character bona fide intended for circulation among
members of the legal or medical professions.
(6) Until the coming into operation of the Adoption Act 1976 c. 36.
1976 this section shall have effect as if for any reference to
that Act there were substituted a reference to the Adoption 1958 c. 5
Act 1958, the Adoption Act 1960 and Part I of the Children (7 & 8 Etiz. 2).
1960 c. 59.
Act 1975. 1975 c. 72.

72.-(1) Where in any domestic proceedings in which an Report by

order may be made for the payment of money by any person, probation
or in any proceedings for the enforcement or variation of any officeroo n
such order, a magistrates' court has requested a probation officer parties.
to investigate the means of the parties to the proceedings, the
court may direct the probation officer to report the result of his
investigation to the court in accordance with the provisions of
this section ; but in the case of any such domestic proceedings
no direction to report to the court shall be given to a probation
officer under this subsection until the court has determined, all
issues arising in the proceedings other than the amount to be
directed to be paid by such an order.
(2) Where the court directs a probation officer under this
section to report to the court the result of any such investigation
as aforesaid, the court may require him-
(a) to furnish to the court a statement in writing about
his investigation ; or
(b) to make an oral statement to the court about his
investigation.
(3) Where the court requires a probation officer to furnish a
statement in writing under subsection (2) above-
(a) a copy of the statement shall be given to each party to
the proceedings or to his counsel or solicitor at the
hearing ; and
46 c. 43 Magistrates' Courts Act 1980

PART II (b) the court may, if it thinks fit, require that the statement,
or such part of the statement as the court may specify,
shall be read aloud at the hearing.

(4) The court may and, if requested to do so at the hearing

by a party to the proceedings or his counsel or solicitor shall,
require the probation officer to give evidence about his investiga-
tion, and if the officer gives such evidence, any party to the
proceedings may give or call evidence with respect to any matter
referred to either in the statement or in the evidence given by
the officer.

(5) Any statement made by a probation officer in a statement

furnished or made by him under subsection (2) above, or any
evidence which he is required to give under subsection (4)
above, may be received by the court as evidence, notwithstanding
anything to the contrary in any enactment or rule of law relating
to the admissibility of evidence.

Examination 73. Where in any domestic proceedings, or in any proceedings

of witnesses by for the enforcement or variation of an order made in domestic
court. proceedings, it appears to a magistrates' court that any party
to the proceedings who is not legally represented is unable
effectively to examine or cross-examine a witness, the court shall
ascertain from that party what are the matters about which
the witness may be able to depose or on which the witness
ought to be cross-examined, as the case may be, and shall put,
or cause to be put, to the witness such questions in the interests
of that party as may appear to the court to be proper.

Reasons for 74.-(1) The power to make rules conferred by section 144
decisions in below shall, without prejudice to the generality of subsection (1)
domestic
proceedings.
of that section, include power to make provision for the record-
ing by a magistrates' court, in such manner as may be pres-
cribed by the rules, of reasons for a decision made in such
domestic proceedings or class of domestic proceedings as may
be so prescribed, and for making available a copy of any record
made in accordance with those rules of the reasons for a
decision of a magistrates' court to any person who requests a
copy thereof for the purposes of an appeal against that decision
or for the purpose of deciding whether or not to appeal against
that decision.
(2) A copy of any record made by virtue of this section of
the reasons for a decision of a magistrates' court shall, if certi-
fied by such officer of the court as may be prescribed, be admis-
sible as evidence of those reasons.
 Magistrates' Courts Act 1980 c. 43 47

PART III
SATISFACTION AND ENFORCEMENT

General provisions

75.-(1) A magistrates' court by whose conviction or order a Power to

sum is adjudged to be paid may, instead of requiring immediate dispense with
payment, allow time for payment, or order payment by instal- immediate
payment.
ments.
(2) Where a magistrates' court has allowed time for payment,
the court may, on application by or on behalf of the person liable
to make the payment, allow further time or order payment by
instalments.
(3) Where a court has ordered payment by instalments and
default is made in the payment of any one instalment, proceed-
ings may be taken as if the default had been made in the pay-
ment of all the instalments then unpaid.

76.-(1) Subject to the following provisions of this Part of this Enforcement

Act, and to section 132 below and section 19 of the Powers of of sumsd to
Criminal Courts Act 1973, where default is made in paying a adjudd
sum adjudged to be paid by a conviction or order of a magis- 1973 62.
c.
trates' court, the court may issue a warrant of distress for the
purpose of levying the sum or issue a warrant committing the
defaulter to prison.
(2) A warrant of commitment may be issued as aforesaid
either-
(a) where it appears on the return to a warrant of distress
that the money and goods of the defaulter are insuf-
ficient to satisfy the sum with the costs and charges of
levying the sum ; or
(b) instead of a warrant of distress.
(3) The period for which a person may be committed to
prison under such a warrant as aforesaid shall not, subject to
the provisions of any enactment passed after 31st December
1879, exceed the period applicable to the case under Schedule 4
to this Act.

77.-(1) Where a magistrates' court has power to issue a Postponement

warrant of distress under this Part of this Act, it may, if it thinks of issue of
it expedient to do so, postpone the issue of the warrant until such warrant.
time and on such conditions, if any, as the court thinks just.
(2) Where a magistrates' court has power to issue a warrant
of commitment under this Part of this Act, it may, if it thinks
48 c. 43 Magistrates' Courts Act 1980

PART III it expedient to do fix a term of imprisonment and postpone

so,
the issue of the warrant until such time and on such conditions,
if any, as the court thinks just.
Defect in 78.-(1) A warrant of distress issued for the purpose of levy-
distress ing a sum adjudged to be paid by the conviction or order of a
warrant and
irregularity
ise
magistrates' court shall not, if it states that the sum has been so
its execution. adjudged to be paid, be held void by reason of any defect in the
warrant.
(2) A person acting under a warrant of distress shall not be
deemed to be a trespasser from the beginning by reason only of
any irregularity in the execution of the warrant.
(3) Nothing in this section shall prejudice the claim of any
person for special damages in respect of any loss caused by a
defect in the warrant or irregularity in its execution.
(4) If any person removes any goods marked in accordance
with the rules as articles impounded in the execution of a warrant
of distress, or defaces or removes any such mark, he shall be
liable on summary conviction to a fine not exceeding £25.
(5) If any person charged with the execution of a warrant of
distress wilfully retains from the proceeds of a sale of the goods
on which distress is levied, or otherwise exacts, any greater
costs and charges than those properly payable, or makes any
improper charge, he shall be liable on summary conviction to a
fine not exceeding £25.
Release from 79.-(l) Where imprisonment or other detention has been
custody and imposed on any person by the order of a magistrates' court
reduction of
detention on in default of payment of any sum adjudged to be paid by the
payment. conviction or order of a magistrates' court or for want of suffi-
cient distress to satisfy such a sum, then, on the payment of the
sum, together with the costs and charges, if any, of the commit-
ment and distress, the order shall cease to have effect ; and if
the person has been committed to custody he shall be released
unless he is in custody for some other cause.
(2) Where, after a period of imprisonment or other detention
has been imposed on any person in default of payment of any
sum adjudged to be paid by the conviction or order of a magis-
trates' court or for want of sufficient distress to satisfy such a
sum, payment is made in accordance with the rules of part of
the sum, the period of detention shall be reduced by such
number of days as bears to the total number of days in that
period less one day the same proportion as the amount so paid
bears to so much of the said sum, and the costs and charges of
any distress levied to satisfy that sum, as was due at the time
the period of detention was imposed.
 Magistrates' Courts Act 1980 c. 43 49

(3) In calculating the reduction required under subsection (2) PART III
above any fraction of a day shall be left out of account.

80.-(1) Where a magistrates' court has adjudged a person to Application

pay a sum by a conviction or has ordered the enforcement of a of money
sum due from a person under an affiliation order or an order defaulter to
enforceable as an affiliation order, the court may order him to satisfy surn
be searched. adjudged

(2) Any money found on the arrest of a person adjudged to

pay such a sum as aforesaid, or on a search as aforesaid, or on
his being taken to a prison or other place of detention in default
of payment of such a sum or for want of sufficient distress to
satisfy such a sum, may, unless the court otherwise directs, be
applied towards payment of the said sum ; and the balance, if
any, shall be returned to him.

(3) A magistrates' court shall not allow the application as

aforesaid of any money found on a person if it is satisfied that
the money does not belong to him or that the loss of the money
would be more injurious to his family than would be his
detention.

Sums adjudged to be paid by a conviction

81.-(1) Where a magistrates' court would, but for the statu- Enforcement
tory restrictions upon the imprisonment of young offenders, of fines o d on
have power to commit to prison a person under the age of 17 for'young
a default consisting in failure to pay, or want of sufficient dis- offenders.
tress to satisfy, a sum adjudged to be paid by a conviction, the
court may, subject to the following provisions of this section,
make-
(a) an order requiring the defaulter's parent or guardian to
enter into a recognizance to ensure that the defaulter
pays so much of that sum as remains unpaid ; or
(b) an order directing so much of that sum as remains
unpaid to be paid by the defaulter's parent or
guardian instead of by the defaulter.

(2) An order under subsection (1) above shall not be made in

respect of a defaulter-
(a) in pursuance of paragraph (a) of that subsection, unless
the parent or guardian in question consents ;
(b) in pursuance of paragraph (b) of that subsection, unless
the court is satisfied in all the circumstances that it is
reasonable to make the order.
50 c. 43 Magistrates' Courts Act 1980

PART III (3) None of the following orders, namely-

order under section 19(1) of the Criminal Justice Act
(a) an
1948 c. 58. 1948 for attendance at an attendance centre ; or
(b) any order under subsection (1) above,
shall be made by a magistrates' court in consequence of a default
of a person under the age of 17 years consisting in failure to
pay, or want of sufficient distress to satisfy, a sum adjudged to
be paid by a conviction unless the court has since the conviction
inquired into the defaulter's means in his presence on at least
one occasion.
(4) An order under subsection (1) above shall not be made
by a magistrates' court unless the court is satisfied that the
defaulter has, or has had since the date on which the sum in
question was adjudged to be paid, the means to pay the sum or
any instalment of it on which he has defaulted, and refuses or
neglects or, as the case may be, has refused or neglected, to
pay it.
(5) An order under subsection (1) above may be made in
pursuance of paragraph (b) of that subsection against a parent
or guardian who, having been required to attend, has failed to
do so ; but, save as aforesaid, an order under that subsection
shall not be made in pursuance of that paragraph without giving
the parent or guardian an opportunity of being heard.
(6) A parent or guardian may appeal to the Crown Court
against an order under subsection (1) above made in pursuance
of paragraph (b) of that subsection.
(7) Any sum ordered under subsection (1)(b) above to be paid
by a parent or guardian may be recovered from him in like
manner as if the order had been made on the conviction of the
parent or guardian of an offence.
(8) In this section-
" guardian ", in relation to a person under the age of 17,
means a person appointed, according to law, to be his
guardian by deed or will, or by order of a court of
competent jurisdiction ;
" the statutory restrictions upon the imprisonment of young
offenders " has the meaning given by section 39(1) of
1961 c. 39. the Criminal Justice Act 1961 ;
" sum adjudged to be paid by a conviction " means any
fine, costs, compensation or other sum adjudged to be
paid by an order made on a finding of guilt, including
an order made under section 35 of the Powers of
1973 c. 62. Criminal Courts Act 1973 (compensation orders) as
applied by section 3(6) of the Children and Young
1969 c. 54. Persons Act 1969.
 Magistrates' Courts Act 1980 c. 43 51

82.-(1) A magistrates' court shall not on the. occasion of PART III

convicting an offender of an offence issue a warrant of commit- Restriction
ment for a default in paying any sum adjudged to be paid by on power to
the conviction unless- impose
imprisonment
(a) in the case of an offence punishable with imprisonment, for default.
he appears to the court to have sufficient means to pay
the sum forthwith ;
(b) it appears to the court that he is unlikely to remain
long enough at a place of abode in the United King-
dom to enable payment of the sum to be enforced
by other methods ; or
(c) on the occasion of that conviction the court sentences
him to immediate imprisonment or detention in a
detention centre for that or another offence or he is
already serving a term of imprisonment or detention
in a detention centre.

(2) A magistrates' court shall not in advance of the issue of

a warrant of commitment fix a term of imprisonment which is
to be served by an offender in the event of a default in paying a
sum adjudged to be paid by a conviction, except where it has
power to issue a warrant of commitment forthwith, but post-
pones issuing the warrant under section 77(2) above.

(3) Where on the occasion of the offender's conviction a magi-

strates' court does not issue a warrant of commitment for a
default in paying any such sum as aforesaid or fix a term of
imprisonment under the said section 77(2) which is to be served
by him in the event of any such default, it shall not thereafter
issue a warrant of commitment for any such default or for want
of sufficient distress to satisfy such a sum unless
(a) he is already serving a term of imprisonment or detention
in a detention centre ; or
(b) the court has since the conviction inquired into his means
in his presence on at least one occasion.

(4) Where a magistrates' court is required by subsection (3)

above to inquire into a person's means, the court may not on the
occasion of the inquiry or at any time thereafter issue a warrant
of commitment for a default in paying any such sum unless-
(a) in the case of an offence punishable with imprisonment,
the offender appears to the court to have sufficient
means to pay the sum forthwith ; or
(b) the court-
(i) is satisfied that the default is due to the
offender's wilful refusal or culpable neglect ; and
52 c. 43 Magistrates' Courts Act 1980

PART ITI (ii) has considered or tried all other methods of

enforcing payment of the sum and it appears to the
court that they are inappropriate or unsuccessful.
(5) After the occasion of an offender's conviction by a magi-
strates' court, the court shall not, unless-
(a) the court has previously fixed a term of imprisonment
under section 77(2) above which is to be served by the
offender in the event of a default in paying a sum
adjudged to be paid by the conviction ; or
(b) the offender is serving a term of imprisonment or deten-
tion in a detention centre,
issue a warrant of commitment for a default in paying the sum
or fix such a term except at a hearing at which the offender is
present.
(6) Where a magistrates' court issues a warrant of commitment
on the ground that one of the conditions mentioned in subsection
(1) or (4) above is satisfied, it shall state that fact, specifying the
ground, in the warrant.

Process for 83.-(1) A magistrates' court may, for the purpose of enabling
securing inquiry to be made under section 82 above or for securing the
attendance attendance of an offender at a hearing required to be held by
of offender
for purposes subsection (5) of that section-
of section 82. (a) issue a summons requiring the offender to appear before
the court at the time and place appointed in the
summons ; or
(b) issue a warrant to arrest him and bring him before the
court.
(2) On the failure of the offender to appear before the court in
answer to a summons under this section the court may issue a
warrant to arrest him and bring him before the court.
(3) A warrant issued under this section may be executed in
like manner, and the like proceedings may be taken with a view
to its execution, in any part of the United Kingdom, as if it had
been issued under section 13 above.
(4) Notwithstanding anything in section 125 below, a warrant
under this section shall cease to have effect when the sum in
respect of which the warrant is issued is paid to the police officer
holding the warrant.

Power to 84.-(1) A magistrates' court may, either before or on inquiring

require into a person's means under section 82 above, and a justice of
statement of the peace acting for the same petty sessions area as that court
means.
may before any y such inquiry, order him to furnish to the court
 Magistrates' Courts Act 1980 c. 43 53

within a period specified in the order such a statement of his PART III
means as the court may require.
(2) A person who fails to comply with an order under sub-
section (1) above shall be liable on summary conviction to a fine
not exceeding £50.
(3) If a person in furnishing any statement in pursuance of an
order under subsection (1) above makes a statement which he
knows to be false in a material particular or recklessly furnishes a
statement which is false in a material particular, or knowingly
fails to disclose any material fact, he shall be liable on summary
conviction to imprisonment for a term not exceeding 4 months
or a fine not exceeding £100 or both.
(4) Proceedings in respect of an offence under subsection (3)
above may, notwithstanding anything in section 127(1) below,
be commenced at any time within 2 years from the date of the
commission of the offence or within 6 months from its first dis-
covery by the prosecutor, whichever period expires the earlier.

85.-(1) Where a fine has been imposed on conviction of an Power to

offender by a magistrates' court, the court may, on inquiring into remit fine.
his means or at a hearing under section 82(5) above, remit the
whole or any part of the fine if the court thinks it just to do so
having regard to any change in his circumstances since the con-
viction, and where the court remits the whole or part of the fine
after a term of imprisonment has been fixed, it shall also reduce
the term by an amount which bears the same proportion to the
whole term as the amount remitted bears to the whole fine or,
as the case may be, shall remit the whole term.
In calculating the reduction in a term of imprisonment required
by this subsection any fraction of a day shall be left out of
account.
(2) Notwithstanding the definition of " fine " in section 150(1)
below, references in this section to a fine do not include any
other sum adjudged to be paid on conviction, whether as a
pecuniary penalty, forfeiture, compensation or otherwise.

86.-(1) Where under section 75(1) above a magistrates' court Power of

allows time for payment of a sum adjudged to be paid by a con- magistrates'
viction of the court (" the adjudged sum "), the court may on that court to fix
or any subsequent occasion fix a day on which, if any part of dpyearance of
that sum remains unpaid on that day, the offender must appear offender at
in person before the court for either or both of the following means inquiry
purposes, namely- etc.
(a) to enable an inquiry into his means to be made under
section 82 above ;
54 c. 43 Magistrates' Courts Act 1980

PART III (b) to enable a hearing required by subsection (5) of the

said section 82 to be held.
Except as provided in subsection (3) below, the power to
(2)
fix a day under this section shall be exercisable only in the
presence of the offender.
(3) Where a day has been fixed under this section, the court
may fix a later day in substitution for the day previously fixed,
and may do so-
(a) when composed of a single justice ; and
(b) whether the offender is present or not.
(4) Subject to subsection (5) below, if on the day fixed under
this section-
(a) any part of the adjudged sum remains unpaid ; and.
(b), the offender fails to appear in person before the court,
the court may issue a warrant to arrest him and bring him before
the court; and subsections (3) and (4) of section 83 above shall
apply in relation to a warrant issued under this section.
(5) Where under subsection (3) above a later day has in the
absence of the offender been fixed in substitution for a day
previously fixed under this section, the court shall not issue a
warrant under this section unless it is proved to the satisfaction
of the court, on oath or in such other manner as may be
prescribed, that notice in writing of the substituted day was served
on the offender not less than what appears to the court to be
a reasonable time before that day.

Enforcement 87.-(1) Subject to the provisions of subsection (2) below,

of payment payment of a sum adjudged to be paid by a conviction of a
of fines by magistrates' court may be enforced by the High Court or a county
High Court
and county court (otherwise than by issue of a writ of fieri facias or other
court. process against goods or by imprisonment or attachment of
earnings) as if the sum were due to the clerk of the magistrates'
court in pursuance of a judgment or order of the High Court
or county court, as the case may be.
(2) Subsection (1) above shall not be construed as authorising
the enforcement by a county court of payment of a fine exceed-
ing the limit for the time being in force under section 40 of
1959 c. 22. the County Courts Act 1959 on the amount of any penalty'
recoverable by statute in a county court.
(3) The clerk of the magistrates' court shall not take pro-
ceedings by virtue of subsection (1) above to recover any sum
adjudged to be paid by a conviction of the court from any person
unless authorised to do so by the court after an inquiry under
section 82 above into that person's means.
 Magistrates' Courts Act 1980 c. 43 55

(4) Any expenses incurred by the clerk of a magistrates' court PART III
in recovering any such sum shall be treated for the purposes
of Part VI of the Justices of the Peace Act 1979 as expenses 1979 c. 55.
of the magistrates' courts committee.

88.-(1) Where any person is adjudged to pay a sum by a Supervision

summary conviction and the convicting court does not commit pending
him to prison forthwith in default of payment, the court may, payment.

either on the occasion of the conviction or on a subsequent

occasion, order him to be placed under the supervision of such
person as the court may from time to time appoint.
(2) An order placing a person under supervision in respect of
any sum shall remain in force so long as he remains liable to pay
the sum or any part of it unless the order ceases to have effect
or is discharged under subsection (3) below.
(3) An order under this section shall cease to have effect on
the making of a transfer of fine order under section 89 below
with respect to the sum adjudged to be paid and may be dis-
charged by the court that made it, without prejudice in either
case to the making of a new order.
(4) Where a person under 21 years old, has been adjudged to
pay a sum by a summary conviction and the convicting court does
not commit him to prison forthwith in default of payment, the
court shall not commit him to prison in default of payment of the
sum, or for want of sufficient distress to satisfy the sum, unless
he has been placed under supervision in respect of the sum or
the court is satisfied that it is undesirable or impracticable to
place him under supervision.
(5) Where a court, being satisfied as aforesaid, commits a
person under 21 years old to prison without an order under this
section having been made, the court shall state the grounds on
which it is so satisfied in the warrant of commitment.
(6) Where an order placing a person under supervision with
respect to a sum is in force, a magistrates' court shall not commit
him to prison in default of payment of the sum, or for want of
sufficient distress to satisfy the sum, unless the court has before
committing him taken such steps as may be reasonably prac-
ticable to obtain from the person appointed for his supervision
an oral or written report on the offender's conduct and means
and has considered any report so obtained, in addition, in a
case where an inquiry is required by section 82 above, to that
inquiry.

89.-(1) Where a magistrates' court has, or is treated by any Transfer of

enactment as having, adjudged a person by a conviction to fine order.
pay a sum and it appears to the court that the person is residing
56 c. 43 Magistrates' Courts Act 1980

PART III in any petty sessions area other than that for which the court
acted, the court may make a transfer of fine order, that is to
say, an order making payment enforceable in the petty sessions
area in which it appears to the court that he is residing ; and
that area shall be specified in the order.
(2) As from the date on which a transfer of fine order is
made with respect to any sum, all functions under this Part
of this Act relating to that sum which, if no such order had been
made, would have been exercisable by the court which made the
order, or the clerk of that court, shall be exercisable by a court
acting for the petty sessions area specified in the order, or the
clerk of that court, as the case may be, and not otherwise.
(3) Where itappears to a court by which functions in relation
to any sum are for the time being exercisable by virtue of a
transfer of fine order that the person liable to pay the sum is
residing in a petty sessions area other than that for which the
court is acting, the court may make a further transfer of fine
order with respect to that sum.
(4) In this section and sections 90 and 91 below, references to
this Part of this Act do not include references to section 81(1)
above.

Transfer of 90.-(1) Where a magistrates' court has, or is treated by any

fines to enactment as having, adjudged a person by a conviction to pay
Scotland or a sum, and it appears to the court that he is residing-
Northern
Ireland. (a) within the jurisdiction of a court of summary jurisdic-
tion in Scotland, or
in any petty sessions district in Northern Ireland,
(b)
the court may order that payment of the sum shall be enforce-
able by that court of summary jurisdiction or, as the case may
be, in that petty sessions district.

(2) An order under this section shall specify the court of

summary jurisdiction by which or petty sessions district in which
payment of the sum in question is to be enforceable ; and if-
(a) that sum is more than £100 or is a fine originally
imposed by the Crown Court or the sheriff court, and
(b) payment is to be enforceable in Scotland,
the court to be so specified shall be the sheriff court.

(3) Where an order is made under this section with respect

to any sum, any functions under this Part of this Act relating
to that sum which, if no such order had been made, would have
been exercisable by the court which made the order or by the
clerk of that court shall cease to be so exercisable.
 Magistrates' Courts Act 1980 c. 43 57

91.-(1) Where a transfer of fine order under section 403 of PART III
the Criminal Procedure (Scotland) Act 1975 or section 104A Transfer of
of the Magistrates' Courts Act (Northern Ireland) 1964 pro- fines from
vides that payment of a sum shall be enforceable in a specified Scotland or
petty sessions area in England and Wales, a magistrates' court Northern
Ireland.
acting for that area, and the clerk of that court, shall, subject
to the provisions of this section, have all the like functions under 1975 c . 21.
this Part of this Act in respect of the sum (including power to 4 a 21
make an order under section 89 or section 90 above) as if the°I')°
sum were a sum adjudged to be paid by a conviction of that
court and as if any order made under the said Act of 1975 or,
as the case may be, 1964 in respect of the sum before the making
of the transfer of fine order had been made by that court.
(2) For the purpose of determining the period of imprison-
ment which may be imposed under this Act in default of pay-
ment of a fine originally imposed by a court in Scotland,
Schedule 4 to this Act shall have effect as if for the Table set
out in paragraph 1 there were substituted the Table set out in
section 407 of the Criminal Procedure (Scotland) Act 1975.
(3) Where a transfer of fine order under section 403 of the
Criminal Procedure (Scotland) Act 1975 or section 104A of the
Magistrates' Courts Act (Northern Ireland) 1964 provides for
the enforcement in a petty sessions area in England and Wales
of a fine originally imposed by the Crown Court, a magistrates'
court acting for that area shall have all the like functions under
this Part of this Act, exercisable subject to the like restrictions,
as if it were the magistrates' court by which payment of the fine
fell to be enforced by virtue of section 32(1) of the Powers of 1973 c. 62.
Criminal Courts Act 1973, and as if any order made under the
said Act of 1975 or, as the case may be, 1964 in respect of the
fine before the making of the transfer of fine order had been
made by that court.

Sums adjudged to be paid by an order

92.-(1) A magistrates' court shall not exercise its power under Restriction on
section 76 above to issue a warrant to commit to prison a person power to
who makes default in paying a sum adjudged to be paid by an imposeimprisonment
order of such a court except where the default is under- for default.
(a) a magistrates' court maintenance order ;
(b) an order under section 32 of the Legal Aid Act 1974 1974 c. 4.
(contribution by legally assisted person to cost of his
defence in a criminal case) ; or
(c) an order for the payment of any of the taxes, contri-
butions, premiums or liabilities specified in Schedule 1970 c. 31.
4 to the Administration of Justice Act 1970.
(2) This section does not affect the power of a magistrates'
court to issue such a warrant as aforesaid in the case of default
C
58 c. 43 Magistrates' Courts Act 1980

PART III in paying a sum adjudged to be paid by a conviction, or treated

(by any enactment relating to the collection or enforcement of
fines, costs, compensation or forfeited recognizances) as so
adjudged to be paid.
(3) In this section-
magistrates' court maintenance order " means a mainten-
ance order enforceable by a magistrates' court ;
" maintenance order " means any order specified in
1970 c. 31. Schedule 8 to the Administration of Justice Act 1970
and includes such an order which has been discharged,
if any arrears are recoverable thereunder.
Complaint 93.-(1) Where default is made in paying a sum ordered to
for arrears. be paid by an affiliation order or order enforceable as an
affiliation order, the court shall not enforce payment of the sum
under section 76 above except by an order made on complaint.
(2) A complaint under this section shall be made not earlier
than the fifteenth day after the making of the order for the
enforcement of which it is made ; but subject to this such a com-
plaint may be made at any time notwithstanding anything in
this or any other Act.
(3) In relation to complaints under this section, section 55
above shall not apply and section 56 above shall have effect as
if the words " if evidence has been received on a previous
occasion " were omitted.
(4) Where at the time and place appointed for the hearing
or adjourned hearing of a complaint under this section the
complainant appears but the defendant does not, the court may
proceed in his absence ; but the court shall not begin to hear the
complaint in the absence of the defendant unless either it is
proved to the satisfaction of the court, on oath or in such other
manner as may be prescribed, that the summons was served on
him within what appears to the court to be a reasonable time
before the hearing or adjourned hearing or the defendant has
appeared on a previous occasion to answer the complaint.
(5) If a complaint under this section is substantiated on oath,
any justice of the peace acting for the same petty sessions area
as a court having jurisdiction to hear the complaint may issue
a warrant for the defendant's arrest, whether or not a summons
has been previously issued.
(6) A magistrates' court shall not impose imprisonment in
respect of a default to which a complaint under this section
relates unless the court has inquired in the presence of the
defendant whether the default was due to the defendant's wilful
refusal or culpable neglect, and shall not impose imprisonment
 Magistrates' Courts Act 1980 c. 43 59

as aforesaidif it is of opinion that the default was not so due ; PART III
and, without prejudice to the preceding provisions of this sub-
section, a magistrates' court shall not impose imprisonment as
aforesaid-
(a) in a case in which the court has power to make an
attachment of earnings order unless the court is of
opinion that it is inappropriate to make such an order ;
(b) in any case, in the absence of the defendant.

(7) Notwithstanding anything in section 76(3) above, the

period for which a defendant may be committed to prison under
a warrant of commitment issued in pursuance of a complaint
under this section shall not exceed 6 weeks.
(8) The imprisonment or other detention of a defendant under
a warrant of commitment issued as aforesaid shall not operate
to discharge the defendant from his liability to pay the sum in
respect of which the warrant was issued.

94. Where a person is committed to custody under this Part Effect of

of this Act for failure to pay a sum due under an affiliation order committal
or order enforceable as an affiliation order, then, unless the on arrears.
court that commits him otherwise directs, no arrears shall accrue
under the order while he is in custody.

95. On the hearing of a complaint for the enforcement, power to

revocation, revival, variation or discharge of an affiliation order remit arrears.
or an order enforceable as an affiliation order, the court may
remit the whole or any part of the sum due under the order.

96.-(1) A magistrates' court shall not commit any person to Civil debt:
prison or other detention in default of payment of a sum en- complaint for
forceable as a civil debt or for want of sufficient distress to non-payment.
satisfy such a sum except by an order made on complaint and on
proof to the satisfaction of the court that that person has, or has
had since the date on which the sum was adjudged to be paid,
the means to pay the sum or any instalment of it on which he
has defaulted, and refuses or neglects or, as the case may be, has
refused or neglected to pay it.
(2) A complaint under this section may be made at any time
notwithstanding anything in this or any other Act.
(3) Where on any such complaint the defendant is committed
to custody, such costs incurred by the complainant in proceedings
for the enforcement of the sum as the court may direct shall be
included in the sum on payment of which the defendant may be
released from custody.
C2
60 c. 43 Magistrates' Courts Act 1980

PART IV
WITNESSES AND EVIDENCE
Procuring attendance of witness
Summons to 97.-(1) Where a justice of the peace for any county, any
witness and London commission area or the City of London is satisfied that
warrant for
his arrest. any person in England or Wales is likely to be able to give
material evidence, or produce any document or thing likely
to be material evidence, at an inquiry into an indictable offence
by a magistrates' court for that county, that London commission
area or the City (as the case may be) or at the summary trial
of an information or hearing of a complaint by such a court
and that that person will not voluntarily attend as a witness or
will not voluntarily produce the document or thing, the justice
shall issue a summons directed to that person requiring him to
attend before the court at the time and place appointed in the
summons to give evidence or to produce the document or thing.
(2) If a justice of the peace is satisfied by evidence on oath of
the matters mentioned in subsection (1) above, and also that it is
probable that a summons under that subsection would not pro-
cure the attendance of the person in question, the justice may
instead of issuing a summons issue a warrant to arrest that
person and bring him before such a court as aforesaid at a time
and place specified in the warrant ; but a warrant shall not be
issued under this subsection where the attendance is required for
the hearing of a complaint.
(3) On the failure of any person to attend before a magistrates'
court in answer to a summons under this section, if-
(a) the court is satisfied by evidence on oath that he is likely
to be able to give material evidence or produce any
document or thing likely to be material evidence in the
proceedings ; and
(b) it is proved on oath, or in such other manner as may be
prescribed, that he has been duly served with the sum-
mons, and that a reasonable sum has been paid or
tendered to him for costs and expenses ; and
(c) it appears to the court that there is no just excuse for the
failure,
the court may issue a warrant to arrest him and bring him
before the court at a time and place specified in the warrant.
(4) If any person attending or brought before a magistrates'
court refuses without just excuse to be sworn or give evidence,
or to produce any document or thing, the court may commit
him to custody until the expiration of such period not exceeding
7 days as may be specified in the warrant or until he sooner
gives evidence or produces the document or thing.
 Magistrates' Courts Act 1980 c. 43 61

Evidence generally PART IV

98. Subject to the provisions of any enactment or rule of law Evidence on
authorising the reception of unsworn evidence, evidence given oath.
before a magistrates' court shall be given on oath.

99. Where a magistrates' court has ordered one person to pay Proof of
to another any sum of money, and proceedings are taken before non-payment
that or any other magistrates' court to enforce payment of that adjudged.
sum, then-
(a) if the person to whom the sum is ordered to be paid
is a clerk of a magistrates' court, a certificate purport-
ing to be signed by the clerk that the sum has not been
paid to him ; and
a document purporting to be a statu-
(b) in any other case
tory declaration by the person to whom the sum is
ordered to be paid that the sum has not been paid to
him,
shall be admissible as evidence that the sum has not been paid
to him, unless the court requires the clerk or other person to be
called as a witness.

100. A statement in writing to the effect that wages of any Statement

amount have been paid to a person during any period, purport- of wages to
ing to be signed by or on behalf of his employer, shall be evi- be evidence.
dence of the facts therein stated in any proceedings taken before
a magistrates' court-
(a) for enforcing payment by the person to whom the wages
are stated to have been paid of a sum adjudged to be
paid by a summary conviction or order ; or
(b) on any application made by or against that person for
the making of an order in any matter of bastardy or an
order enforceable as an affiliation order, or for the
variation, revocation, discharge or revival of such an
order.

101. Where the defendant to an information or complaint onus of

relies for his defence on any exception, exemption, proviso, proving
exceptions.
excuse or qualification, whether or not it accompanies the des- etc.
cription of the offence or matter of complaint in the enactment
creating the offence or on which the complaint is founded, the
burden of proving the exception, exemption, proviso, excuse or
qualification shall be on him ; and this notwithstanding that the
information or complaint contains an allegation negativing the
exception, exemption, proviso, excuse or qualification.
C3
62 c. 43 Magistrates' Courts Act 1980

PART IV Evidence in criminal cases

Written 102.-(1) In committal proceedings a written statement by
statements
before
any person shall, if the conditions mentioned in subsection (2)
examining below are satisfied, be admissible as evidence to the like extent as
justices. oral evidence to the like effect by that person.
(2) The said conditions are-
(a) the statement purports to be signed by the person who
made it ;
(b) the statement contains a declaration by that person to
the effect that it is true to the best of his knowledge
and belief and that he made the statement knowing
that, if it were tendered in evidence, he would be liable
to prosecution if he wilfully stated in it anything which
he knew to be false or did not believe to be true ;
(c) before the statement is tendered in evidence, a copy of
the statement is given, by or on behalf of the party
proposing to tender it, to each of the other parties to
the proceedings ; and
(d) none of the other parties, before the statement is
tendered in evidence at the committal proceedings,
objects to the statement being so tendered under this
section.
(3) The following provisions shall also have effect in relation
to any written statement tendered in evidence under this section,
that is to say-
(a) if the statement is made by a person under 21 years old,
it shall give his age ;
(b) if it is made by a person who cannot read it, it shall
be read to him before he signs it and shall be accom-
panied by a declaration by the person who so read the
statement to the effect that it was so read ; and
(c) if it refers to any other document as an exhibit, the
copy given to any other party to the proceedings under
subsection (2)(c) above shall be accompanied by a
copy of that document or by such information as may
be necessary in order to enable the party to whom it
is given to inspect that document or a copy thereof.
(4) Notwithstanding that a written statement made by any
person may be admissible in committal proceedings by virtue
of this section, the court before which the proceedings are
held may, of its own motion or on the application of any party
to the proceedings, require that person to attend before the
court and give evidence.
(5) So much of any statement as is admitted in evidence by
virtue of this section shall, unless the court commits the accused
 Magistrates' Courts Act 1980 c. 43 63

for trial by virtue of section 6(2) above or the court otherwise PART IV
directs, be read aloud at the hearing, and where the court so
directs an account shall be given orally of so much of any
statement as is not read aloud.
(6) Any document or object referred to as an exhibit and
identified in a written statement tendered in evidence under
this section shall be treated as if it had been produced as an
exhibit and identified in court by the maker of the statement.
(7) Subsection (3) of section 13 of the Criminal Justice Act 1925 c. 86.
1925 (reading of deposition as evidence at the trial) shall apply
to any written statement tendered in evidence in committal
proceedings under this section as it applies to a deposition taken
in such proceedings, but in its application to any such statement
that subsection shall have effect as if paragraph (b) thereof
were omitted.
(8) In section 2(2) of the Administration of Justice (Miscel- 1933 c. 36.
laneous Provisions) Act 1933 (procedure for preferring bills of
indictment) the reference in proviso (i) to facts disclosed in any
deposition taken before a justice in the presence of the accused
shall be construed as including a reference to facts disclosed
in any such written statement as aforesaid.
(9) Section 28 above shall not apply to any such statement as
aforesaid.
(10) A person whose written statement is tendered in evidence
in committal proceedings under this section shall be treated
for the purposes of section 1 of the Criminal Procedure 1965 c. 69.
(Attendance of Witnesses) Act 1965 (witness orders) as a witness
who has been examined by the court.

103.-(1) In any proceedings before a magistrates' court Evidence of

as examining justices- children in
inquiring into a sexual offence committal
(a) a child shall not be called as a witness for the prosecu- proceedings
tion but
; for sexual
by or taken in writing offences.
(b) any statement made in writing
from the child shall be admissible in evidence of any
matter of which his oral testimony would be admissible,
except in a case where the application of this subsection is
excluded under subsection (2) below.
(2) Subsection (1) above shall not apply-
(a) where at or before the time when such a statement is
tendered in evidence the defence objects to the
application of that subsection ; or
(b) where the prosecution requires the attendance of the
child for the purpose of establishing the identity of
any person ; or
C4
64 c. 43 Magistrates' Courts Act 1980

PART IV court is satisfied that it has not been possible

(c) where the
to obtain from the child a statement that may be given
in evidence under this section ; or
(d) where the inquiry into the offence takes place after
the court has discontinued to try it summarily and the
child has given evidence in the summary trial.
(3) Section 28 above shall not apply to any statement admitted
in pursuance of subsection (1) above.
(4) In this section " child " has the same meaning as in the
1933 c. 12. Children and Young Persons Act 1933 and " sexual offence "
1956 c. 69. means any offence under the Sexual Offences Act 1956 or the
1960 c. 33. Indecency with Children Act 1960 or section 10)(a) of the
1978 c. 37. Protection of Children Act 1978, or any attempt to commit such
an offence.

Proof of 104. Where a person is convicted of a summary offence by

previous a magistrates' court, other than a juvenile court, and-
convictions.
(a) it is proved to the satisfaction of the court, on oath
or in such other manner as may be prescribed, that not
less than 7 days previously a notice was served on the
accused in the prescribed form and manner specifying
any alleged previous conviction of the accused of a
summary offence proposed to be brought to the notice
of the court in the event of his conviction of the offence
charged ; and
(b) the accused is not present in person before the court,
the court may take account of any such previous conviction
so specified as if the accused had appeared and admitted it.

Deposition 105.-G) Where a person appears to a justice of the peace

of person to be able and willing to give material information relating to
dangerously an indictable offence or to any person accused of an indictable
ill.
offence, and-
(a) the justice is satisfied, on a representation made by a
duly qualified medical practitioner, that the person
able and willing to make the statement is dangerously
ill and unlikely to recover ; and
(b) it is not practicable for examining justices to take tree
evidence of the sick person in accordance with the
provisions of this Act and the rules,
the justice may take in writing the deposition of the sick person
on oath.
(2) A deposition taken under this section may be given in
evidence before examining justices inquiring into an informa-
tion against the offender or in respect of the offence to which the
 Magistrates' Courts Act 1980 c. 43 65

deposition relates, but subject to the same conditions as apply, PART IV

under section 6 of the Criminal Law Amendment Act 1867, to 1867 c. 35.
its being given in evidence upon the trial of the offender or
offence.
Oflences
106.-(1) If any person in a written statement tendered in False
evidence in criminal proceedings by virtue of section 102 above written
wilfully makes a statement material in those proceedings which statements
tendenee in
he knows to be false or does not believe to be true, he shall evidence.
be liable on conviction on indictment to imprisonment for a
term not exceeding 2 years or a fine or both.
(2) The Perjury Act 1911 shall have effect as if this section 1911 c. 6.
were contained in that Act.

107. If, in any solemn declaration, certificate or other writing False

made or given for the purpose of its being used in pursuance statements in
of the rules as evidence of the service of any document or the declaration
handwritingg or seal of any person, a person makes a statement proving
service, etc.
that he knows to be false in a material particular, or recklessly
makes any statement that is false in a material particular, he
shall be liable on summary conviction to imprisonment for a
term not exceeding 6 months or a fine not exceeding £100 or
both.
PART V
APPEAL AND CASE STATED
Appeal
108.-(1) A person convicted by a magistrates' court may Right of
appeal to the Crown Court- appeal to the
against his sentence Crown Court.
(a) if he pleaded guilty, ;
(b) if he did not, against the conviction or sentence.
(2) A person sentenced by a magistrates' court for an offence
in respect of which a probation order or an order for condi-
tional discharge has been previously made may appeal to the
Crown Court against the sentence.
(3) In this section " sentence " includes any order made on
conviction by a magistrates' court, not being-
(a) a probation order or an order for conditional discharge ;
(b) an order for the payment of costs ;
(c) an order under section 2 of the Protection of Animals 1911 c. 27.
Act 1911 (which enables a court to order the destruc-
tion of an animal) ; or
(d) an order made in pursuance of any enactment under
which the court has no discretion as to the making of
the order or its terms.
66 c.43 Magistrates' Courts Act 1980

PART V 109.-(l) Where notice to abandon an appeal has been duly

Abandonment given by the appellant
of appeal. (a) the court against whose decision the appeal was brought
may issue process for enforcing that decision, subject
to anything already suffered or done under it by the
appellant ; and
(b) the said court may, on the application of the other
party to the appeal, order the appellant to pay to that
party such costs as appear to the court to be just and
reasonable in respect of expenses properly incurred
by that party in connection with the appeal before
notice of the abandonment was given to that party.
(2) In this section " appeal " means an appeal from a magis-
trates' court to the Crown Court, and the reference to a notice
to abandon an appeal is a reference to a notice shown to the
satisfaction of the magistrates' court to have been given in
accordance with Crown Court rules.

Enforcement 110. After the determination by the Crown Court of an

of decision appeal from a magistrates' court the decision appealed against
of the Crown as confirmed or varied by the Crown Court, or any decision of
Court.
the Crown Court substituted for the decision appealed against,
may, without prejudice to the powers of the Crown Court to
enforce the decision, be enforced-
(b) by the issue by the court by which the decision appealed
against was given of any process that it could have
issued if it had decided the case as the Crown Court
decided it ;
(b) so far as the nature of any process already issued to
enforce the decision appealed against permits, by that
process
the decision of the Crown Court shall have effect as if it
had been made by the magistrates' court against whose decision
the appeal is brought.

Case stated
Statement of 111.-(1) Any person who was a party to any proceeding
case by before a magistrates' court or is aggrieved by the conviction,
magistrates' order, determination or other proceeding of the court may
court.
question the proceeding on the ground that it is wrong in law
or is in excess of jurisdiction by applying to the justices com-
posing the court to state a case for the opinion of the High
Court on the question of law or jurisdiction involved ; but a
person shall not make an application under this section in respect
of a decision against which he has a right of appeal to the High
Court or which by virtue of any enactment passed after 31st
December 1879 is final.
 c. 43 67
Magistrates' Courts Act 1980

PART V
(2) An application under subsection (1) above shall be made
within 21 days after the day on which the decision of the
magistrates' court was given.
(3) For the purpose of subsection (2) above, the day on which
the decision of the magistrates' court is given shall, where the
court has adjourned the trial of an information after conviction,
be the day on which the court sentences or otherwise deals with
the offender.
(4) On the making of an application under this section in
respect of a decision any right of the applicant to appeal against
the decision to the Crown Court shall cease.
(5) If the justices are of opinion that an application under
this section is frivolous, they may refuse to state a case, and, :if
the applicant so requires, shall give him a certificate stating that
the application has been refused ; but the justices shall not refuse
to state a case if the application is made by or under the direction
of the Attorney General.
(6) Where justices refuse to state a case, the High Court may,
on the application of the person who applied for the case to be
stated, make an order of mandamus requiring the justices to
state a case.

112. Any conviction, order, determination or other proceed- Effect of

of
ing of a magistrates' court varied by the High Court on an decision
High Court
appeal by case stated, and any judgment or order of the High
c
Court on such an appeal, may be enforce. as if it were a decision stated by
of the magistrates' court from which the appeal was brought. magistrates'
court.
Supplemental provisions as to appeal and case stated
113.-(1) Where a person has given notice of appeal to the.Bail on appeal]
stated.
Crown Court against the decision of a magistrates' court or has or case
applied to a magistrates' court to state a case for the opinion of
the High Court, then, if he is in custody, the magistrates' court
may grant him bail.
(2) If a person is granted bail under subsection (1) above, the
time and place at which he is to appear (except in the event of
the determination in respect of which the case is stated being
reversed by the High Court) shall be-
(a) if he has given notice of appeal, the Crown Court at the
time appointed for the hearing of the appeal;;
(b) if he has applied for the statement of a case, the magis-
trates' court at such time within 10 days after the judg-
ment of the High Court has been given as may be
specified by the magistrates' court ;
and any recognizance that may be taken from him or from any
surety for him shall be conditioned accordingly.
68 c. 43 Magistrates' Courts Act 1980

PART V (3) Subsection (1) above shall not apply where the accused
has been committed to the Crown Court for sentence under
section 37 or 38 above.
1948 c. 58. (4) Section 37(6) of the Criminal Justice Act 1948 (which
relates to the currency of a sentence while a person is released
on bail by the High Court) shall apply to a person released on
bail by a magistrates' court under this section pending the hear-
ing of a case stated as it applies to a person released on bail by
1967 c. 80. the High Court under section 22 of the Criminal Justice Act
1967.

Recognizances 114. Justices to whom application has been made to state a

and fees on case for the opinion of the High Court on any proceeding of a
case stated. magistrates' court shall not be required to state the case until the
applicant has entered into a recognizance, with or without
sureties, before the magistrates' court, conditioned to prosecute
the appeal without delay and to submit to the judgment of the
High Court and pay such costs as that Court may award ;
and (except in any criminal matter) the clerk of a magistrates'
court shall not be required to deliver the case to the applicant
until the applicant has paid him the fees payable for the case
and for the recognizances.

PART VI
RECOGNIZANCES

Recognizances to keep the peace or be of good behaviour

Binding over 115.-(1) The power of a magistrates' court on the complaint
to keep the of any person to adjudge any other person to enter into a recog-
peace or be of nizance, with or without sureties, to keep the peace or to be of
good good behaviour towards the complainant shall be exercised by
behaviour.
order on complaint.
(2) Where a complaint is made under this section, the power
of the court to remand the defendant under subsection (5) of
section 55 above shall not be subject to the restrictions imposed
by subsection (6) of that section.
(3) If any person ordered by a magistrates' court under sub-
section (1) above to enter into a recognizance, with or without
sureties, to keep the peace or to be of good behaviour fails to
comply with the order, the court may commit him to custody
for a period not exceeding 6 months or until he sooner complies
with the order.
 Magistrates' Courts Act 1980 c. 43 69

116.-(1) On complaint being made to a justice of the peace Pair VI

for any area to which this section applies by a surety to a Discharge of
recognizance to keep the peace or to be of good behaviour recognizance
entered into before a magistrates' court that the person bound to keep the
by the recognizance as principal has been, or is about to be, peace or be
be good
guilty of conduct constitutingg a breach of the conditions of the behaviour on
recognizance, the justice may, if the complaint alleges that the complaint of
principal is, or is believed to be, in that area, or if the recog- surety.
nizance was entered into before a magistrates' court for that
area, issue a warrant to arrest the principal and bring him before
a magistrates' court for that area or a summons requiring the
principal to appear before such a court ; but the justice shall
not issue a warrant unless the complaint is in writing and sub-
stantiated on oath.
(2) The magistrates' court before which the principal appears
or is brought in pursuance of such a summons or warrant as
aforesaid may, unless it adjudges the recognizance to be for-
feited, order the recognizance to be discharged and order the
principal to enter into a new recognizance, with or without
sureties, to keep the peace or to be of good behaviour.
(3) The areas to which this section applies are any county,
any London commission area and the City of London.

Other provisions
117.-(1) A justice of the peace on issuing a warrant for warrant
the arrest of any person may grant him bail by endorsing the endorsed for
warrant bail.
warrant for bail, that is to say, by endorsing the with
a direction in accordance with subsection (2) below.
(2) A direction for bail endorsed on a warrant under sub-
section (1) above shall-
(a) in the case of bail in criminal proceedings, state that
the person arrested is to be released on bail subject
to a duty to appear before such magistrates' court
and at such time as may be specified in the endorse-
ment ;
(b) in the case of bail otherwise than in criminal proceed-
ings, state that the person arrested is to be released
on bail on his entering into such a recognizance (with
or without sureties) conditioned for his appearance
before a magistrates' court as may be specified in the
endorsement ;
and the endorsement shall fix the amounts in which any sureties
and, in a case falling within paragraph (b) above, that person is
or are to be bound.
 70 c. 43 Magistrates' Courts Act 1980

PUT VI (3) Where a warrant has been endorsed for bail under sub-
section (1) above, then, on the person referred to in the warrant
being taken to a police station on arrest under the warrant, the
officer in charge of the police station shall (subject to his
approving any surety tendered in compliance with the endorse-
ment) release him from custody as directed in the endorsement.

Varying or 118.-(l) Subject to subsection (2) below, where a magis-

dispensing trates' court has committed a person to custody in default of
with
requirement finding sureties, the court may, on application by or on behalf
as to sureties. of the person committed, and after hearing fresh evidence,
reduce the amount in which it is proposed that any surety should
be bound or dispense with any of the sureties or otherwise deal
with the case as it thinks just.
(2) Subsection (1) above does not apply in relation to a person
granted bail in criminal proceedings.

Postponement 119.-(1) Where a magistrates' court has power to take any

of taking recognizance, the court may, instead of taking it, fix the amount
recognizance.
in which the principal and his sureties, if any, are to be bound ;
and thereafter the recognizance may be taken by any such
person as may be prescribed.
(2) Where, in pursuance of this section, a recognizance is
entered into otherwise than before the court that fixed the
amount of it, the same consequences shall follow as if it had
been entered into before that court ; and references in this or
any other Act to the court before which a recognizance was
entered into shall be construed accordingly.
(3) Nothing in this section shall enable a magistrates' court
to alter the amount of a recognizance fixed by the High Court.

Forfeiture of 120.-(1) Where a recognizance to keep the peace or to be

recognizance. of good behaviour has been entered into before a magistrates'
court or any recognizance is conditioned for the appearance of
a person before a magistrates' court or for his doing any other
thing connected with a proceeding before a magistrates' court,
and the recognizance appears to the court to be forfeited, the
court may, subject to subsection (2) below, declare the recog-
nizance to be forfeited and adjudge the persons bound thereby,
whether as principal or sureties, or any of them, to pay the sum
in which they are respectively bound.
(2) Where a recognizance is conditioned to keep the peace or
to be of good behaviour, the court shall not declare it forfeited
except by order made on complaint.
 Magistrates' Courts Act 1980 c. 43 71

(3) The court which declares the recognizance to be forfeited PART VI

may, instead of adjudging any person to pay the whole sum
in which he is bound, adjudge him to pay part only of the sum
or remit the sum.
(4) Payment of any sum adjudged to be paid under this
section, including any costs awarded against the defendant, may
be enforced, and any such sum shall be applied, as if it were
a fine and as if the adjudication were a summary conviction of
an offence not punishable with imprisonment and so much of
section 85(1) above as empowers a court to remit fines shall
not apply to the sum but so much thereof as relates to remission
after a term of imprisonment has been imposed shall so apply ;
but at any time before the issue of a warrant of commitment to
enforce payment of the sum, or before the sale of goods under a
warrant of distress to satisfy the sum, the court may remit the
whole or any part of the sum either absolutely or on such
conditions as the court thinks just.
(5) A recognizance such as is mentioned in this section shall
not be enforced otherwise than in accordance with this section,
and accordingly shall not be transmitted to the Crown Court
nor shall its forfeiture be certified to that Court.

PART VII
MISCELLANEOUS AND SUPPLEMENTARY
Consitution and place of sitting of magistrates' courts
121.-(1) A magistrates' court shall not try an information Constitution
summarily or hear a complaint except when composed of at and place of
sitting of
least 2 justices unless the trial or hearing is one that by virtue court.
of any enactment may take place before a single justice.
(2) A magistrates' court shall not hold an inquiry into the
means of an offender for the purposes of section 82 above except
when composed of at least 2 justices.
(3) A magistrates' court shall not-
(a) try summarily an information for an indictable offence
or hear a complaint except when sitting in a petty-
sessional court-house ;
(b) try an information for a summary offence or hold an
inquiry into the means of an offender for the purposes
of section 82 above, or impose imprisonment, except
when sitting in a petty-sessional court-house or an
occasional court-house.
(4) Subject to the provisions of any enactment to the contrary,
where a magistrates' court is required by this section to sit in
a petty-sessional or occasional court-house, it shall sit in open
court.
72 c. 43 Magistrates' Courts Act 1980

PART VII (5) A magistrates' court composed of a single justice, or

sitting in an occasional court-house, shall not impose imprison-
ment for a period exceeding 14 days or order a person to pay
more than £1.
(6) Subject to the provisions of subsection (7) below, the
justices composing the court before which any proceedings take
place shall be present during the whole of the proceedings ; but,
if during the course of the proceedings any justice absents him-
self, he shall cease to act further therein and, if the remaining
justices are enough to satisfy the requirements of the preceding
provisions of this section, the proceedings may continue before
a court composed of those justices.
(7) Where the trial of an information is adjourned after the
accused has been convicted and before he is sentenced or other-
wise dealt with, the court which sentences or deals with him need
not be composed of the same justices as that which convicted
him ; but, where among the justices composing the court which
sentences or deals with an offender there are any who were not
sitting when he was convicted, the court which sentences or deals
with the offender shall before doing so make such inquiry into
the facts and circumstances of the case as will enable the justices
who were not sitting when the offender was convicted to be fully
acquainted with those facts and circumstances.
(8) This section shall have effect subject to the provisions of
this Act relating to domestic proceedings.

Appearance by counsel or solicitor

Appearance 122.-(1) A party to any proceedings before a magistrates'
by counsel or court may be represented by counsel or solicitor.
solicitor.
(2) Subject to subsection (3) below, an absent party so repre-
sented shall be deemed not to be absent.
(3) Appearance of a party by counsel or solicitor shall not
satisfy any provision of any enactment or any condition of a
recognizance expressly requiring his presence.

Process
Defect in 123.-(1) No objection shall be allowed to any information
process. or complaint, or to any summons or warrant to procure the
presence of the defendant, for any defect in it in substance or
in form, or for any variance between it and the evidence adduced
on behalf of the prosecutor or complainant at the hearing of the
information or complaint.
(2) If it appears to a magistrates' court that any variance
between a summons or warrant and the evidence adduced on
behalf of the prosecutor or complainant is such that the defendant
 Magistrates' Courts Act 1980 c. 43 73

has been misled by the variance, the court shall, on the applica- PART VII
tion of the defendant, adjourn the hearing.

124. A warrant or summons issued by a justice of the peace Process valid

shall not cease to have effect by reason of his death or his notwith-
ceasing to be a justice. standing
death, etc., of
justice.
125.-(1) A warrant of arrest issued by a justice of the peace Warrants.
shall remain in force until it is executed or withdrawn.
(2) A warrant of arrest, warrant of commitment, warrant
of distress or search warrant issued by a justice of the peace
may be executed anywhere in England and Wales by any
person to whom it is directed or by any constable acting within
his police area.
This subsection does not apply to a warrant of commitment
or a warrant of distress issued under Part VI of the General 1967 c. 9.
Rate Act 1967.
(3) A warrant to arrest a person charged with an offence may
be executed by a constable notwithstanding that it is not in his
possession at the time ; but the warrant shall, on the demand
of the person arrested, be shown to him as soon as practicable.

126. Sections 12 to 14 of the Indictable Offences Act 1848 Execution of

(which relate, among other things, to the execution in Scotland, certain
Northern Ireland, the Isle of Man and the Channel Islands of warrants an
Eugls
warrants of arrest for the offences referred to in those sections) and
shall, so far as applicable, apply to- Wa
(a) warrants of arrest issued under section 1 above for 1848 c. 42.
offences other than those referred to in the said sections
12 to 14 ;
(b) warrants of arrest issued under section 13 above ;
(c) warrants of arrest issued under section 97 above other
than warrants issued in bastardy proceedings to arrest
a witness ; and
(d) warrants of commitment issued under this Act.

Limitation of time
127.-(1) Except as otherwise expressly provided by any Limitation
enactment and subject to subsection (2) below, a magistrates' of time.
court shall not try an information or hear a complaint unless the
information was laid, or the complaint made, within 6 months
from the time when the offence was committed, or the matter of
complaint arose.
74 c. 43 Magistrates' Courts Act 1980

PART VII (2) Nothing in-

(a) subsection (1) above ; or
(b) subject to subsection (4) below, any other enactment
(however framed or worded) which, as regards any
offence to which it applies, would but for this section
impose a time-limit on the power of a magistrates' court
to try an information summarily or impose a limita-
tion on the time for taking summary proceedings,
shall apply in relation to any indictable offence.
(3) Without prejudice to the generality of paragraph (b) of
subsection (2) above, that paragraph includes enactments which
impose a time-limit that applies only in certain circumstances (for
example, where the proceedings are not instituted by or with the
consent of the Director of Public Prosecutions or some other
specified authority).
(4) Where, as regards any indictable offence, there is imposed
by any enactment (however framed or worded, and whether
falling within subsection (2) (b) above or not) a limitation on
the time for taking proceedings on indictment for that offence no
summary proceedings for that offence shall be taken after the
latest time for taking proceedings on indictment.

Remand
Remand in 128.-(1} Where a magistrates' court has power to remand any
custody or person, then, subject to section 4 of the Bail Act 1976 and to any
on bail. other enactment modifying that power, the court may-
1976 c. 63.
(a) remand him in custody, that is to say, commit him to
custody to be brought before the court at the end of
the period of remand or at such earlier time as the
court may require ; or
(b) where it is inquiring into or trying an offence alleged
to have been committed by that person or has convicted
him of an offence, remand him on bail in accordance
with the Bail Act 1976, that is to say, by directing him
to appear as provided in subsection (4) below ; or
(c) except in a case falling within paragraph (b) above,
remand him on bail by taking from him a recognizance
(with or without sureties) conditioned as provided in
that subsection ;
and may, in a case falling within paragraph (c) above, instead of
taking recognizances in accordance with that paragraph, fix the
amount of the recognizances with a view to their being taken
subsequently in accordance with section 119 above.
 Magistrates' Courts Act 1980 C. 43 75

(2) Where the court fixes the amount of a recognizance under PART VII
subsection (1) above or section 8(3) of the Bail Act 1976 with a 1976 c. 63.
view to its being taken subsequently the court shall in the mean-
time commit the person so remanded to custody in accordance
with paragraph (a) of the said subsection (1).

(3) Where a person is brought before the court after remand,

the court may further remand him.

(4) Where a person is remanded on bail under subsection (1)

above the court may, where it remands him on bail in accordance
with the Bail Act 1976 direct him to appear or, in any other
case, direct that his recognizance be conditioned for his
appearance-
(a) before that court at the end of the period of remand ;
or

(b) at every time and place to which during the course of

the proceedings the hearing may be from time to time
adjourned ;
and, where it remands him on bail conditionally on his providing
a surety during an inquiry into an offence alleged to have been
committed by him, may direct that the recognizance of the surety
be conditioned to secure that the person so bailed appears-
(c) at every time and place to which during the course of the
proceedings the hearing may be from time to time
adjourned and also before the Crown Court in the
event of the person so bailed being committed for trial
there.

(5) Where a person is directed to appear or a recognizance

is conditioned for a person's appearance in accordance with
paragraph (b) or (c) of subsection (4) above, the fixing at any
time of the time for him next to appear shall be deemed to be a
remand ; but nothing in this subsection or subsection (4) above
shall deprive the court of power at any subsequent hearing to
remand him afresh.

(6) Subject to the provisions of section 129 below, a magis-

trates' court shall not remand a person for a period exceeding 8
clear days, except that-
(a) if the court remands him on bail, it may remand him
for a longer period if he and the other party consent ;
(b) where the court adjourns a trial under section 10(3) or
30 above, the court may remand him for the period of
the adjournment ;
76 c. 43 Magistrates' Courts Act 1980

PART VII (c) where a person is charged with an offence triable either
way, then, the court to try the case sum-
if it falls to
marily but the court is not at the time so constituted,
and sitting in such a place, as will enable it to proceed
with the trial, the court may remand him until the next
occasion on which it will be practicable for the court
to be so constituted, and to sit in such a place, as afore-
said, notwithstanding that the remand is for a period
exceeding 8 clear days.
(7) A magistrates' court having power to remand a person in
custody may, if the remand is for a period not exceeding 3 clear
days, commit him to the custody of a constable.

Further 129.-(1) If a magistrates' court is satisfied that any person

remand. who has been remanded is unable by reason of illness or accident
to appear or be brought before the court at the expiration of the
period for which he was remanded, the court may, in his absence,
remand him for a further time ; and section 128(6) above shall
not apply.
(2) Notwithstanding anything in section 128(1) above, the
power of a court under subsection (1) above to remand a person
on bail for a further time-
(a) where he was granted bail in criminal proceedings,
includes power to enlarge the recognizance of any
surety for him to a later time ;
(b) where he was granted bail otherwise than in criminal
proceedings, may be exercised by enlarging his recogni-
zance and those of any sureties for him to a later time.

(3) Where a person remanded on bail is bound to appear

before a magistrates' court at any time and the court has no
power to remand him under subsection (1) above, the court may
in his absence-
(a) where he was granted bail in criminal proceedings,
appoint a later time as the time at which he is to appear
and enlarge the recognizances of any sureties for him
to that time ;
(b) where he was granted bail otherwise than in criminal
proceedings, enlarge his recognizance and those of any
sureties for him to a later time ;
and the appointment of the time or the enlargement of his recog-
nizance shall be deemed to be a further remand.
(4) Where a magistrates' court commits a person for trial on
bail and the recognizance of any surety for him has been condi-
tioned in accordance with paragraph (a) of subsection (4) of
section 128 above the court may, in the absence of the surety,
 Magistrates' Courts Act 1980 c. 43 77

enlarge his recognizance so that he is bound to secure that the PART VII
person so committed for trial appears also before the Crown
Court.

130.-(1) A magistrates' court adjourning a case under section Transfer of

5, 10(1) or 18(4) above, and remanding the accused in. custody, remand
may, if he has attained the age of 17, order that he be brought hearings.
up for any subsequent remands before an alternate magistrates'
court nearer to the prison where he is to be confined while on
remand.
(2) The order shall require the accused to be brought before
the alternate court at the end of the period of remand or at such
earlier time as the alternate court may require.
(3) While the order is in force, the alternate court shall, to the
exclusion of the court which made the order, have all the powers
in relation to further remand (whether in custody or on bail) and
the grant of legal aid which that court would have had but for the
order.
(4) The alternate court may, on remanding the accused in
custody, require him to be brought before the court which made
the order at the end of the period of remand or at such earlier
time as that court may require ; and, if the alternate court does
so, or the accused is released on bail, the order under subsection
(1) above shall cease to be in force.
(5) Schedule 5 to this Act shall have effect to supplement this
section.

131.-(1) When a magistrates' court remands an accused Remand of

person in custody and he is already detained under a custodial accused
sentence, the period for which he is remanded may be up to 28 already in
custody.
clear days.
(2) But the court shall inquire as to the expected date of his
release from that detention ; and if it appears that it will be before
28 clear days have expired, he shall not be remanded in custody
for more than 8 clear days or (if longer) a period ending with
that date.
(3) So long as he is detained under a custodial sentence, an
application for him to be further remanded in custody may be
made and determined without his appearance in court, provided
that he is represented by counsel or a solicitor who signifies the
accused's consent to the application being heard in his absence.

Restrictions on imprisonment
132. A magistrates' court shall not impose imprisonment for Minimum
than 5 days. term.
less
78 c. 43 Magistrates' Courts Act 1980

PART VII 133.-(1) A magistrates' court imposing imprisonment on any

Consecutive person may order that the term of imprisonment shall commence
terms of on the expiration of any other term of imprisonment imposed
imprisonment. by that or any other court ; but where a magistrates' court
imposes two or more terms of imprisonment to run consecutively
the aggregate of such terms shall not, subject to the provisions
of this section, exceed 6 months.
(2) If two or more of the terms imposed by the court are
imposed in respect of an offence triable either way which was
tried summarily otherwise than in pursuance of section 22(2)
above, the aggregate of the terms so imposed and any other
terms imposed by the court may exceed 6 months but shall not,
subject to the following provisions of this section, exceed 12
months.
(3) The limitations imposed by the preceding subsections
shall not operate to reduce the aggregate of the terms that the
court may impose in respect of any offences below the term which
the court has power to impose in respect of any one of those
offences.
(4) Where a person has been sentenced by a magistrates' court
to imprisonment and a fine for the same offence, a period of
imprisonment imposed for non-payment of the fine, or for want
of sufficient distress to satisfy the fine, shall not be subject to
the limitations imposed by the preceding subsections.
(5) For the purposes of this section a term of imprisonment
shall be deemed to be imposed in respect of an offence if it is
imposed as a sentence or in default of payment of a sum adjudged
to be paid by the conviction or for want of sufficient distress to
satisfy such a sum.

Detention for short periods

Detention in 134.-(1) A magistrates' court having power to impose
police cells, imprisonment on any person may instead of doing so order him to
etc. be detained for any period not exceeding 4 days in a place
certified by the Secretary of State to be suitable for the purpose.
(2) The Secretary of State may certify under this section any
police cells, bridewell or similar place provided by him and,
on the application of any other police authority, any such
place provided by that authority.
(3) A woman or girl shall not be detained in any such place
except under the supervision of women.
1978 c. 30. Section 6(b) of the Interpretation Act 1978 (feminine includes
masculine) does not apply for the purposes of this subsection.,
 Magistrates' Courts Act 1980 c. 43 79

(4) The Secretary of State may make regulations for the PART VII
inspection of places certified by him under this section, for the
treatment of persons detained in them and generally for the
purpose of carrying this section into effect.
(5) Any expenses incurred in the maintenance of persons
detained under this section shall be defrayed out of moneys
provided by Parliament.
(6) In this section " maintenance " has the same meaning in
relation to a person detained under this section as it has under
section 53 of the Prison Act 1952 in relation to a prisoner. 1952 c. 52.

(7) Subsection (2) above shall, in its application to the City

of London, have effect as if for the references therein to the
police authority there were substituted references to the Com-
missioner of Police for the City of London.

135.-(1) A magistrates' court that has power to commit to Detention of

prison a person convicted of an offence, or would have that offender for
power but for section 82 or 88 above, may order him to be one day in or
detained within the precincts of the court-house or at any police station a
station until such hour, not later than 8 o'clock in the evening poi
of the day on which the order is made, as the court may direct,
and, if it does so, shall not, where it has power to commit him to
prison, exercise that power.
(2) A court shall not make such an order under this section as
will deprive the offender of a reasonable opportunity of return-
ing to his abode on the day of the order.

136.-(1) A magistrates' court that has power to commit to Committal to

prison a person in default of payment of a sum adjudged to custody
overnight at
be paid by a summary conviction, or would have that power but
for section 82 or 88 above, may issue a warrant for his detention police station
for non-
in a police station, and, if it does so, shall not, where it has payment of
power to commit him to prison, exercise that power. sum adjudged
by conviction.
(2) A warrant under this section, unless the sum adjudged to
be paid by the conviction is sooner paid,-
(a) shall authorise any police constable to arrest the
defaulter and take him to a police station, and
(b) shall require the officer in charge of the station to detain
him there until 8 o'clock in the morning of the day
following that on which he is arrested, or, if he is
arrested between midnight and 8 o'clock in the morn-
ing, until 8 o'clock in the morning of the day on which
he is arrested.
80 c. 43 Magistrates' Courts Act 1980

PART VII (3) Notwithstanding subsection (2)(b) above, the officer may
release the defaulter at any time within 4 hours before 8 o'clock
in the morning if the officer thinks it expedient to do so in order
to enable him to go to his work or for any other reason appearing
to the officer to be sufficient.

Fees, fines, forfeitures, etc.

Fees. 137.-(1) Subject to the provisions of this section, the court
fees set out in Part I of Schedule 6 to this Act, and no others,
shall be chargeable by clerks of magistrates' courts ; and any
enactment providing for the payment of any fees for the payment
of which provision is made in the said Part I shall have effect
accordingly.
(2) No fee shall be chargeable by a clerk of a magistrates'
court in respect of any matter specified in Part II of the said
Schedule.
(3) Nothing in this section shall affect the fees chargeable in
respect of the matters specified in Part III of the said Schedule.
(4) The Secretary of State may from time to time by order
make such variations in Part I of the said Schedule as may seem
to him proper.
(5) The power to make an order under subsection (4) above
shall be exercisable by statutory instrument ; and a draft of any
such statutory instrument shall be laid before Parliament.
(6) This section shall apply to magistrates' courts held by
metropolitan stipendiary magistrates as it applies to other magis-
trates' courts.

Remission of 138. A magistrates' court may on the ground of poverty or

fees. for other reasonable cause remit in whole or in part any fee
payable in proceedings before the court.

Disposal of 139. A clerk of a magistrates' court shall apply moneys

sums adjudged received by him on account of a sum adjudged to be paid by a
to be paid by summary conviction as follows-
conviction.
(a) in the first place in payment of any compensation
adjudged by the conviction to be paid to any person ;
(b) in the second place in payment of any costs so adjudged
to be paid to the prosecutor ; and
(c) the balance to the fund to which, or the person to whom,
he is required to pay the sum by section 61 of the
1979 c. 55. Justices of the Peace Act 1979 or any other enactment
relating to the sum.
 Magistrates' Courts Act 1980 c. 43 81

140. Subject to any enactment relating to customs or excise, PART VII

anything other than money forfeited on a conviction by a magis- Disposal of
trates' court or the forfeiture of which may be enforced by a non-pecuniary
magistrates' court shall be sold or otherwise disposed of in such forfeitures.
manner as the court may direct ; and the proceeds shall be
applied as if they were a fine imposed under the enactment on
which the proceedings for the forfeiture are founded.

Clerks to justices
141.-(1) Any reference in this Act to a clerk of any magic- Clerks to
trates' court shall be construed as a reference to the clerk to the justices.
justices for the petty sessions area for which the court is acting,
or was acting at the relevant time.
(2) Where there is more than one clerk to the justices for any
petty sessions area, anything that this Act requires or authorises
to be done by or to the clerk to the justices shall or may be
done by or to any of the clerks or by or to such of the clerks as
the magistrates' courts committee having power over the appoint-
ment of clerks to justices for that area generally or in any par-
ticular case or cases may direct.
(3) Subsections (1) and (2) above shall apply to the justices'
clerks for the inner London area as if the reference in subsection
(2) to the magistrates' courts committee were a reference to the
committee of magistrates.

Power to rectify mistakes etc.

142.-(l) Subject to subsection (4) below, a magistrates' court Power of
may vary or rescind a sentence or other order imposed or made magistrates'
by it when dealing with an offender ; and it is hereby declared re-open cases
that this power extends to replacing a sentence or order which to rectify
for any reason appears to be invalid by another which the court mistakes etc.
has power to impose or make.
(2) Where a person is found guilty by a magistrates' court in
a case in which he has pleaded not guilty or the court has pro-
ceeded in his absence under section 11(1) above, and it subse-
quently appears to the court that it would be in the interests of
justice that the case should be heard again by different justices,
the court may, subject to subsection (4) below, so direct.
(3) Where a court gives a direction under subsection (2)
above-
(a) the finding of guilty and any sentence or other order
imposed or made in consequence thereof shall be of
no effect ; and
(b) section 10(4) above shall apply as if the trial of the
person in question had been adjourned.
82 c. 43 Magistrates' Courts Act 1980

PART VII (4) The powers conferred by subsections (1) and (2) above
shall be exercisable only within the period of 28 days beginning
with the day on which the sentence or order was imposed or
made or the person was found guilty, as the case may be, and
only-
(a) by a court constituted in the same manner as the court
by which the sentence or order was imposed or made
or, as the case may be, by which the person in question
was found guilty, or
(b) where that court comprised 3 or more justices of the
peace, by a court which consists of or comprises a
majority of those justices.
(5) Where a sentence or order is varied under subsection (1)-
above, the sentence or other order, as so varied, shall take effect
from the beginning of the day on which it was originally imposed
or made, unless the court otherwise directs.

Power to alter sums specified in certain provisions

Power to 143.-(1) If it appears to the Secretary of State that there has,
alter sums been a change in the value of money since the last occasion
specified in when the sum or sums specified in a provision mentioned in
certain
provisions. subsection (2) below were fixed, he may by order substitute for
the sum or sums for the time being specified in that provision
such other sum or sums as appear to him justified by the change.
(2) The said provisions are-
(a) section 22(1) above ;
definition of " the prescribed sum " in section 32(9)
(b) the
above ;
(c) paragraph (a) of section 33(1) above ;
(d) section 40(1) above ;
(e) the Table in paragraph 1 of Schedule 4 to this Act.

(3) A sum specified in a provision mentioned in subsection (2)

above (a " relevant provision ") may have been fixed as men-
tioned in subsection (1) above-
1977 c. 45. (a) by the coming into force of a provision of the Criminal
Law Act 1977 (being a provision re-enacted in the
relevant provision concerned or a provision amending
a provision of another Act so re-enacted), or
(b) by an order made under subsection (1) above in respect
of the relevant provision concerned.
(4) Where it appears to the Secretary of State that the difference
between a sum to which subsection (5) below applies and the
prescribed sum (within the meaning of section 32 above) has
 Magistrates' Courts Act 1980 c. 43 83

been or would be altered or eliminated by an order made or PART VII

proposed to be made under subsection (1) above, he may by
order amend the enactment specifying the first-mentioned sum
so as to substitute for that sum such other sum as appears to
him to be justified by a change in the value of money appearing
to him to have taken place between-
which the sum in question was
(a) the last occasion on
fixed ; and
(b) the making of the order or proposed order under
subsection (1) above.

(5) This subsection applies to any sum specified in any

enactment contained in any Act, passed before, or in the same
Session as, the Criminal Law Act 1977 as- 1977 c. 45.
(a) the maximum fine which may be imposed on summary
conviction of an offence triable either way ; or
(b) the maximum fine which, in the exercise of any power
by subordinate instrument to impose penal provisions,
may be authorised on summary conviction in respect
of an offence triable either way.

(6) An order under subsection (1) or (4) above-

(a) shall be made by statutory instrument subject to annul-
ment in pursuance of a resolution of either House of
Parliament and may be revoked by a subsequent order
thereunder ; and
(b) shallnot affect the punishment for an offence committed
before that order comes into force.

Rules
144.-(1) The Lord Chancellor may appoint a rule committee Rule
for magistrates' courts, and may on the advice of or after con- committee and
sultation with the rule committee make rules for regulating and rules of
prescribing the procedure and practice to be followed in magi-
procedure.

strates' courts and by justices' clerks.

(2) The rule committee shall consist of the Lord Chief Justice,
the President of the Family Division of the High Court, the chief
metropolitan stipendiary magistrate and such number of other
persons appointed by the Lord Chancellor as he may determine.

(3) Among the members of the committee appointed by the

Lord Chancellor there shall be at least one justices' clerk, one
practising barrister and one practising solicitor of the Supreme
Court.
84 c. 43 Magistrates' Courts Act 1980

PART VII (4) The power to make rules conferred by this section shall
be exercisable by statutory instrument which shall be subject
to annulment by resolution of either House of Parliament.
(5) In this section the expression " justices' clerk " means a
clerk to the justices for a petty sessions area.

Rules: 145.-(l) The power to make rules conferred by section 144

supplementary above shall, without prejudice to the generality of subsection (1)
provisions.
of that section, include power to make provision-
(a) as to the practice and procedure of justices in exercising
functions preliminary or incidental to proceedings
before a magistrates' court;
(b) as to the service and execution of process issued by or
for the purposes of a magistrates' court, including the
service and execution in England and Wales of process
issued in other parts of the United Kingdom ;
(c) as to the keeping of records of proceedings before
magistrates' courts and the manner in which things
done in the course of, or as preliminary or incidental
to, any such proceedings, or any proceedings on appeal
from a magistrates' court to the Crown Court, may be
proved in any legal proceedings ;
(d) as to the extent to which a justices' clerk may engage
in practice as a solicitor or barrister ;
(e) as to the functions of officers of the Crown Court for
the purposes of securing the attendance at a trial on
indictment of persons in respect of whom conditional
witness orders, or orders treated as conditional witness
1965 c. 69. orders, have been made under section 1 of the Criminal
Procedure (Attendance of Witnesses) Act 1965 ;
(f) as to the furnishing by any person having custody of the
depositions of copies thereof, and of copies of the
information if it is in writing, to a person committed
for trial ;
(g) as to what magistrates' court shall have jurisdiction to
hear any complaint ;
(h) as to the matters additional to those specified in section
53 above on complaint for which a magistrates' court
shall have power to make an order with the consent
of the defendant without hearing evidence ;
(i) as to any other matters as to which immediately before
1949 c. 101. the coming into force of section 15 of the Justices of
the Peace Act 1949 provision was or could have been
made by virtue of the enactments and parts of enact-
ments repealed by Part II of Schedule 7 to the said Act
of 1949.
 Magistrates' Courts Act 1980 c. 43 85

(2) Where any Act expressly confers jurisdiction on any PART VII
magistrates' court to hear a complaint, rules made under sub-
section (1) (g) above shall not take away that jurisdiction, but
may extend it to any other magistrates' court.
(3) Any Act passed before 16th December 1949, in so far
as that Act relates to matters about which rules may be made
under section 144 above, shall have effect subject to any rules
so made and may be amended or repealed by the rules accord-
ingly ; but nothing in the said section shall authorise the rules
to reduce the number of justices required for any purpose by
any Act.
(4) No provision included in rules under section 144 above
which dispenses with the need to prove that a summons issued
under section 1 above and served in accordance with the rules
has come to the knowledge of the accused shall apply to a
summons for an indictable offence.
(5) Any rules, directions, forms or other instrument having
effect immediately before this subsection comes into force as if
contained in rules made under section 15 of the Justices of the 1949 c. 101.
Peace Act 1949 by virtue of section 15(8) of that Act (rules etc.
which previously had effect under the enactments repealed by
Part II of Schedule 7 to that Act) shall have effect as if contained
in rules made under section 144 above.

Rules about juvenile courts

146.-(1) Without prejudice to the generality of the power Rules relating
to make rules under section 144 above relating to the procedure to juvenile
court panels
and practice to be followed by magistrates' courts, provision and
may be made by such rules with respect to any of the following composition
matters, namely,- of juvenile
courts.
(a) the formation and revision of juvenile court panels,
that is to say, panels of justices specially qualified to
deal with juvenile cases and the eligibility of justices to
be members of such panels ;
(b) the appointment of persons as chairmen of juvenile
courts ; and
(c) the composition of juvenile courts.

(2) Rules making any such provisions as are referred to in

subsection (1) above may confer powers on the Lord Chancellor
with respect to any of the matters specified in the rules and may,
in particular, provide for the appointment of juvenile court
panels by him and for the removal from a juvenile court panel
of any justice who, in his opinion, is unsuitable to serve on a
juvenile court.
86 c. 43 Magistrates' Courts Act 1980

PART VII (3) Rules made by virtue of this section may make different
provision in relation to different areas for which juvenile court
panels are formed ; and in the application of this section to the
county palatine of Lancaster, for any reference in subsection
(2) above to the Lord Chancellor there shall be substituted a
reference to the Chancellor of the Duchy.

(4) Nothing in this section or in any rules made under section

144 above shall affect-
(a) the areas for which juvenile court panels are formed and
juvenile courts are constituted ;
1963 c. 37. (b) the provisions of Part I of Schedule 2 to the Children
and Young Persons Act 1963 (and, as it has effect by
virtue of section 17(1) of that Act, Part I of Schedule
1933 c. 12. 2 to the Children and Young Persons Act 1933) with
respect to the making of recommendations and orders
relating to the formation of combined juvenile court
panels ; or
(c) the provisions of paragraph 14 of that Schedule relating
to the divisions of the metropolitan area for which
juvenile courts sit ;
but rules under section 144 above may repeal, either generally
or with respect to any part of the metropolitan area, any
provision contained in paragraphs 15 to 18 of that Schedule
(which contain provisions applicable in the metropolitan area
with respect to certain of the matters referred to in subsection
(1) above) and in subsections (2) and (3) of section 12 of the
1964 c. 42. Administration of Justice Act 1964 (which amend those para-
graphs).

(5) In this section " the metropolitan area " means the inner
London area and the City of London.

Occasional court-houses
Occasional 147.-(1) The justices acting for a petty sessions area may
court-house. appoint as an occasional court-house any place that is not a
petty-sessional court-house.

(2) A place appointed

as an occasional court-house after 31st
May 1953 shall not be used as such unless public notice has
been given that it has been appointed.

(3) There may be more than one occasional court-house for

each petty sessions area ; and an occasional court-house may be
outside the petty sessions area for which it is appointed, and if so
shall be deemed to be in that area for the purpose of the juris-
diction of the justices acting for that area.
 Magistrates' Courts Act 1980 c. 43 87

Interpretation PART VII

148.-(1) In this Act the expression " magistrates' court " " Magistrates'
means any justice or justices of the peace acting under any court ".
enactment or by virtue of his or their commission or under the
common law.
(2) Except where the contrary is expressed, anything author-
ised or required by this Act to be done by, to or before the
magistrates' court by, to or before which any other thing was
done, or is to be done, may be done by, to or before any
magistrates' court acting for the same petty sessions area as that
court.

149. For the purposes of this Act the Isles of Scilly form part Isles of Scilly.
of the county of Cornwall.

150.-(1) In this Act, unless the context otherwise requires, Interpretation

the following expressions have the meaning hereby assigned to of other terms.
them, that is to say-
" Act " includes local Act ;
" affiliation order " has the same meaning as in the 1957 c. 55.
Affiliation Proceedings Act 1957 ;
" bail in criminal proceedings " has the same meaning as
in the Bail Act 1976 ; 1976 c. 63.

" commit to custody " means commit to prison or, where

any enactment authorises or requires committal to
some other place of detention instead of committal to
prison, to that other place ;
" committal proceedings " means proceedings before a
magistrates' court acting as examining justices ;
" domestic proceedings " has the meaning assigned to it
by section 65 above ;
" enactment " includes an enactment contained in a local
Act or in any order, regulation or other instrument
having effect by virtue of an Act ;
" fine ", except for the purposes of any enactment imposing
a limit on the amount of any fine, includes any
pecuniary penalty or pecuniary forfeiture or pecuniary
compensation payable under a conviction ;
"impose imprisonment" means pass a sentence of im-
prisonment or fix a term of imprisonment for failure
to pay any sum of money, or for want of sufficient
distress to satisfy any sum of money, or for failure to
do or abstain from doing anything required to be done
or left undone ;
88 c. 43 Magistrates' Courts Act 1980

PART VII " London commission area " has the same meaning as in the
1979 c. 55. Justices of the Peace Act 1979 ;
" petty-sessional court-house " means any of the following,
that is to say-
(a) a court-house or place at which justices are
accustomed to assemble for holding special or petty
sessions or for the time being appointed as a substi-
tute for such a court-house or place (including, where
justices are accustomed to assemble for either special
or petty sessions at more than one court-house or
place in a petty sessional division, any such court-
house or place) ;
(b) a court-house or place at which a stipendiary
magistrate is authorised by law to do alone any act
authorised to be done by more than one justice of
the peace ;
" petty sessions area " means any of the following areas,
that is to say, a non-metropolitan county which is not
divided into petty sessional divisions, a petty sessional
division of a non-metropolitan county, a metropolitan
district which is not divided into petty sessional divi-
sions, a petty sessional division of a metropolitan dist-
rict, a London commission area which is not divided
into petty sessional divisions, a petty sessional division
of a London commission area and the City of London ;
" prescribed " means prescribed by the rules ;
" the register " means the register of proceedings before a
magistrates' court required by the rules to be kept by
the clerk of the court;
" the rules " means rules made under section 144 above ;

" sentence " does not include a committal in default of

payment of any sum of money, or for want of suffi-
cient distress to satisfy any sum of money, or for
failure to do or abstain from doing anything required
to be done or left undone ;
" sum enforceable as a civil debt " means-
(a) any sum recoverable summarily as a civil debt
which is adjudged to be paid by the order of a
magistrates' court ;
(b) any other sum expressed by this or any other Act
to be so enforceable ;
" transfer of fine order " has the meaning assigned to it
by section 89 above.
 Magistrates' Courts Act 1980 c. 43 89

(2) Except where the contrary is expressed or implied, any- PART VII
thing required or authorised by this Act to be done by justices
may, where two or more justices are present, be done by one of
them on behalf of the others.
(3) Any reference in this Act to a sum adjudged to be paid
by a conviction or order of a magistrates' court shall be con-
strued as including a reference to any costs, damages or compen-
sation adjudged to be paid by the conviction or order of which
the amount is ascertained by the conviction or order ; but this
subsection does not prejudice the definition of " sum adjudged
to be paid by a conviction " contained in subsection (8) of sec-
/
tion 81 above for the purposes of that section.
(4) Where the age of any person at any time is material for
the purposes of any provision of this Act regulating the powers
of a magistrates' court, his age at the material time shall be
deemed to be or to have been that which appears to the court
after considering any available evidence to be or to have been
his age at that time.
(5) Except where the context otherwise requires, any reference
in this Act to an offence shall be construed as including a
reference to an alleged offence ; and any reference in this Act
to an offence committed, completed or begun anywhere shall
be construed as including a reference to an offence alleged to
have been committed, completed or begun there.
(6) References in this Act to an offence punishable with
imprisonment or punishable on summary conviction with
imprisonment shall be construed without regard to any prohibi.
tion or restriction imposed by or under this or any other Act
on imprisonment of young offenders.
(7) The provisions of this Act authorising a magistrates' court
on conviction of an offender to pass a sentence or make an
order instead of dealing with him in any other way shall not
be construed as taking away any power to order him to pay
costs, damages or compensation.

Miscellaneous
151.--(1) Justices may state a case under this Act when Application
of Act to
called upon to issue a warrant of distress for any rate other than distress
a rate within the meaning of the General Rate Act 1967.
for rates.
1967 c. 9.
(2) Sections 79(2)and 100 above shall apply to proceedings
for the non-payment of any rate to which subsection (1) above
applies as they apply to proceedings for the non-payment of
a sum adjudged to be paid by a magistrates' court.
D
90 c. 43 Magistrates' Courts Act 1980

PART VII (3) Except as provided in the preceding provisions of this

section, the power of justices to issue a warrant of distress for
a rate, the form and execution of such a warrant and the com-
mittal of persons for want of sufficient distress to satisfy a rate
shall not be subject to the provisions of this Act.

Saving for 152. The provisions of this Act relating to the constitution,
juvenile place of sitting and procedure of magistrates' courts shall, in
courts.
their application to juvenile courts, have effect subject to any
provision contained in the rules or any enactment regulating the
constitution, place of sitting or procedure of juvenile courts.

Magistrates' 153. It is hereby declared that a magistrates' court may sit

court may sit on any day of the year, and in particular (if the court thinks fit)
on Sundays
and public on Christmas Day, Good Friday or any Sunday.
holidays.
Repeals, short title, etc.
Consequential 154.-(1) Subject to subsection (2) below, the enactments
amendments,
transitional
mentioned in Schedule 7 to this Act shall have effect subject to
provisions, the amendments specified in that Schedule, being amendments
repeals, etc. consequential on the provisions of this Act.
(2) The transitional provisions and savings in Schedule 8 to
this Act shall have effect.
(3) Subject to subsection (2) above, the enactments specified
in Schedule to this Act (which include enactments which
9
were spent before the passing of this Act) are hereby repealed to
the extent specified in the third column of that Schedule.
(4) Nothing in this Act shall be taken as prejudicing the
1978 c. 30. operation of sections 16 and 17 of the Interpretation Act 1978
(which relate to the effect of repeals).

Short title, 155.-(1) This Act may be cited as the Magistrates' Courts
extent and Act 1980.
commence.
ment. (2) The following provisions of this Act extend to Scotland-
(a) sections 8 (except subsection (9)), 12(8), 83(3), 90
and 91
and this section ; and
(b) section 154 and Schedules 7, 8 and 9 so far as they relate
to any enactment extending to Scotland.
(3) The following provisions of this Act extend to Northern
Ireland-
(a) sections 830), 90 and 91 and this section ;
and
(b) section 154 and Schedules 7, 8 and 9 so far as they re-
late to an enactment extending to Northern Ireland.
 Magistrates' Courts Act 1980 c. 43 91

(4) The provisions of section 126 above have the same extent PART VII
as the sections of the Indictable Offences Act 1848 to which 1848 c. 42.
they refer.
(5) The provisions of section 32(7) and (9) above, in their
operation in relation to the provision that may be made under
subsection (2) of section 2 of the European Communities Act 1972 c. 68.
1972, extend to all places to which the said section 2 extends
(except Scotland).
(6) Except as stated in subsections (2) to (5) above, and except
so far as relates to the interpretation or commencement of the
provisions mentioned in those subsections, this Act extends to
England and Wales only.
(7) This Act shall come into force on such date as the Secre-
tary of State may appoint by order made by statutory instrument.
92 c. 43 Magistrates' Courts Act 1980

SCHEDULES
Section 17. SCHEDULE 1

OFFENCES TRIABLB EITHER WAY BY VIRTUE OF SECTION 17

1. Offences at common law of public nuisance.

1751 c. 36. 2. Offences under section 8 of the Disorderly Houses Act 1751
(appearing to be keeper of bawdy house etc.).

3. Offences consisting in contravention of section 13 of the

1835 c. 62. Statutory Declarations Act 1835 (administration by a person of an
oath etc. touching matters in which he has no jurisdiction).

1861 c. 97. 4. Offences under section 36 of the Malicious Damage Act 1861
(obstructing engines or carriages on railways).

1861 c. 100. 5. Offences under the following provisions of the Offences against
the Person Act 1861-
(a) section 16 (threats to kill) ;
(b) section 20 (inflicting bodily injury, with or without a weapon) ;
(c) section 26 (not providing apprentices or servants with food
etc.) ;
(d) section 27 (abandoning or exposing child) ;
(e) section 34 (doing or omitting to do anything so as to
endanger railway passengers) ;
(f) section 36 (assaulting a clergyman at a place of worship
etc.) ;

(g) section 38 (assault with intent to resist apprehension) ;

(h) section 47 (assault occasioning bodily harm-common
assault) ;

(1) section 57 (bigamy) ;

(j) section 60 (concealing the birth of a child).

1868 c. 110. 6. Offences under section 20 of the Telegraph Act 1868 (disclosing
or intercepting messages).
1869 c. 62. 7. Offences under section 13 of the Debtors Act 1869 (transactions
intended to defraud creditors).

1875 c. 25. 8. Offences under section 5 of the Public Stores Act 1875 (oblitera-
tion of marks with intent to conceal).

1882 c. 37. 9. Offences under section 12 of the Corn Returns Act 1882 (false
returns).

1882 c. 56. 10. Offences under section 22 of the Electric Lighting Act 1882
(injuring works with intent to cut off electricity supply).
 Magistrates' Courts Act 1980 c. 43 93

11. Offences under section 3 of the Submarine Telegraph Act 1885 ScH. 1
(damaging submarine cables). 1885 c. 49.

12. Offences under section 13 of the Stamp Duties Management 1891 c. 38.
Act 1891 (offences in relation to dies and stamps).
13. Offences under section 8(2) of the Cremation Act 1902 (making 1902 c. 8.
false representations etc. with a view to procuring the burning of any
human remains).
14. All offences under the Perjury Act 1911 except offences under- 1911 c. 6.
(a) section 1 (perjury in judicial proceedings) ;
(b) section 3 (false statements etc. with reference to marriage) ;
(c) section 4 (false statements etc. as to births or deaths).

15. The following offences under the Forgery Act 1913- 1913 c. 27.
(a) offences under paragraph (a) of section 2(2) (forgery of
valuable security etc.) in relation to-
(i) any document being an accountable receipt, release,
or discharge, or any receipt or other instrument evidencing
the payment of money, or the delivery of any chattel
personal ; or
(ii) any document being an authority or request for the
payment of money or for the delivery or transfer of goods
and chattels, where the amount of money or the value
of the goods or chattels does not exceed £1,000 ;
(b) offences under section 4 (forgery of documents in general) ;
and
(c) offences under paragraph (a) of section 7 (demanding property
on forged documents), where the amount of the money or
the value of the property in respect 'of which the offence is
committed does not exceed £1,000.

16. Offences under section 17 of the Deeds of Arrangement Act 1914 c. 47.
1914 (trustee making preferential payments).

17. Offences under section 3(4) of the Checkweighing in Various 1919 c. 51,
Industries Act 1919 (false statements).

18. Offences under section 8(2) of the Census Act 1920 (disclosing 1920 c. 41.
census information).

19. Offences under section 36 of the Criminal Justice Act 1925 1925 c. 86.
(forgery of passports etc.).
20. Offences under section 11 of the Agricultural Credits Act 1928 1928 c. 43.
(frauds by farmers).

21. Offences under the following provisions of the Coinage Offences 1936 c. 16.
Act 1936-
(a) section 4(1) (defacing coins) ;
(b) section 5(1) (uttering counterfeit coin) ;
94 c. 43 Magistrates' Courts Act 1980

SCH. 1 (c) section 5(2) (uttering counterfeit gold or silver coin) ;

(d) section 5(3) (possession of counterfeit gold or silver coin) ;
(e) section 5(4) (possession of counterfeit copper coin) ;
(f) section 5(6) (uttering coins etc. as gold or silver coins) ;
(g) section 7 (importing and exporting counterfeit coin) ;
(h) section 8 (making, possessing or selling medals resembling
gold or silver coin).

1953 c. 36. 22. Offences under the following provisions of the Post Office Act
1953-
(a) section 53 (unlawfully taking away or opening mail bag) ;
(b) section 55 (fraudulent retention of mail bag or postal packet) ;
(c) section 57 (stealing, embezzlement, destruction etc. by officer
of Post Office of postal packet) ;
(d) section 58 (opening or delaying of postal packets by officers
of the Post Office).
1956 c. 69. 23. Offences under the following provisions of the Sexual Offences
Act 1956-
(a) section 6 (unlawful sexual intercourse with a girl under 16) ;
(b) section 13 (indecency between men) ;
(c) section 26 (permitting a girl under 16 to use premises for
sexual intercourse).

1964 c. 87. 24. Offences under section 3(1) of the Shipping Contracts and
Commercial Documents Act 1964 (offences), so far as it relates to
the contravention of any directions given under that Act before 20th
March 1980.

1967 c. 29. 25. Offences under section 24B(7) of the Housing Subsidies Act
1967 (failure to notify lender that residence condition not fulfilled
or ceased to be fulfilled).

1967 c. 58. 26. The following offences under the Criminal Law Act 1967-
(a) offences under section 4(1) (assisting offenders) ; and
(b) offences under section 5(1) (concealing arrestable offences
and giving false information),
where the offence to which they relate is triable either way.

1967 c. 60. 27. Offences under section 4(1) of the Sexual Offences Act 1967
(procuring others to commit homosexual acts).

1968 c. 60. 28. All indictable offences under the Theft Act 1968 except :
(a) robbery, aggravated burglary, blackmail and assault with
-
intent to rob ;
(b) burglary comprising the commission of, or an intention to
commit, an offence which is triable only on indictment ;
(c) burglary in a dwelling if any person in the dwelling was
subjected to violence or the threat of violence.
 Magistrates' Courts Act 1980 c. 43 95

29. Offences under the following provisions of the Criminal SCH. I

Damage Act 1971- 1971 c. 48.
section 1(1) (destroying or damaging property) ;
section 1(1) and (3) (arson) ;
section 2 (threats to destroy or damage property) ;
section 3 (possessing anything with intent to destroy or damage
property).
30. Offences in relation to stamps issued for the purpose of
national insurance under the provisions of any enactments as applied
to those stamps.
31. Uttering any forged document the forgery of which is an
offence listed in this Schedule.

32. Committing an indecent assault upon a person whether male

or female.
33. Aiding, abetting, counselling or procuring the commission of
any offence listed in the preceding paragraphs of this Schedule
except paragraph 26.
34. Attempting to commit an offence triable either way except an
offence mentioned in paragraph 26 or 33 above.

35. Any offence consisting in the incitement to commit an offence

friable either way except an offence mentioned in paragraph 33 or
34 above.
 SCHEDULE 2 Section 22.
OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL
Offence Value involved How measured
1. Offences under section 1 of the As regards property alleged to have been What the property would probably have cost to buy in
Criminal Damage Act 1971* destroyed, its value. the open market at the material time.
(destroying or damaging
property), excluding any offence As regards property alleged to have been (a) If immediately after the material time the damage
committed by destroying or damaged, the value of the alleged damage. was capable of repair-
damaging property by fire. (i) what would probably then have been the
market price for the repair of the damage, or
(ii) what the property alleged to have been
damaged would probably have cost to buy
in the open market at the material time,
whichever is the less; or
(b) if immediately after the material time the damage
was beyond repair, what the said property would
probably have cost to buy in the open market at
the material time.
2. The following offences, namely- The value indicated in paragraph 1 above As for the corresponding entry in paragraph 1 above.
(a) aiding, abetting, counselling for the offence alleged to have been aided,
or procuring the commis- abetted, counselled or procured, or
sion of any offence men- attempted or incited.
tioned in paragraph 1
above;
(b) attempting to commit any
offence so mentioned; and
(c) inciting another to commit
any offence so mentioned.
19710.4&
 Magistrates' Courts Act 1980 C. 43 97

SCHEDULE 3 Section 46..

CORPORATIONS

1.-(1) A magistrates' court may commit a corporation for trial by

an order in writing empowering the prosecutor to prefer a bill of
indictment in respect of the offence named in the order.
(2) An order under this paragraph shall not prohibit the inclusion
in the bill of indictment of counts that under section 2 of the
Administration of Justice (Mi ellaneous Provisions) Act 1933 may 1933 c. 36.
be included in the bill in subitution for, or in addition to, counts
charging the offence named in the order.

2. A representative may on behalf of a corporation-

(a) make a statement before examining justices in answer to the
charge ;
(b) consent to the corporation being tried summarily ;
(c) enter a plea of guilty or not guilty on the trial by a magis-
trates' court of an information.
3.-(1) Where a representative appears, any requirement of this
Act that anything shall be done in the presence of the accused, or
shall be read or said to the accused, shall be construed as a require-
ment that that thing shall be done in the presence of the representa-
tive or read or said to the representative.
(2) Where a representative does not appear, any such requirement,
and any requirement that the consent of the accused shall be obtained
for summary trial, shall not apply.
4.-(1) Notification or intimation for the purposes of subsections
(2) and (3) of section 12 above may be given on behalf of a corpora-
tion by a director or the secretary of the corporation ; and those
subsections shall apply in relation to a notification or intimation
purporting to be so given as they apply to a notification or intimation
purporting to be given by an individual accused.
(2) In this paragraph " director ", in relation to a corporation which
is established by or under any enactment for the purpose of carrying
on under national ownership any industry or part of an industry or
undertaking and whose affairs are managed by the members thereof,
means a member of that corporation.

5. The provisions of this Act relating to committal to the Crown

Court for sentence shall not apply to a corporation.
6. Subject to the preceding provisions of this Schedule, the pro-
visions of this Act relating to the inquiry into, and trial of, indictable
offences shall apply to a corporation as they apply to an adult.

7. Where a corporation and an individual who has attained the

age of 17 are jointly charged before a magistrates' court with an
offence triable either way, the court shall not try either of the accused
summarily unless each of them consents to be so tried.
98 c. 43 Magistrates' Courts Act 1980

Scx. 3 8. Subsection (6) of section 33 of the Criminal Justice Act 1925

1925 c. 86. shall apply to a representative for the purposes of this Schedule as it
applies to a representative for the purposes of that section.

Section 76. SCHEDULE 4

MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT
1. Subject to the following provisions of this Schedule, the periods
set out in the second column of the following Table shall be the
maximum periods applicable respeAvely to the amounts set out
opposite thereto, being amounts due at the time the imprisonment
is imposed.
TABLE

An amount not exceeding £25. ... ... ... 7 days

An amount exceeding £25 but not exceeding £50 ... 14 days

An amount exceeding £50 but not exceeding £200 ... 30 days

An amount exceeding £200 but not exceeding £500 ... 60 days
An amount exceeding £500 but not exceeding £1,000 90 days
An amount exceeding £1,000 but not exceeding £2,500 6 months
An amount exceeding £2,500 but not exceeding £5,000 9 months
An amount exceeding £5,000 ... ... ... ... 12 months

2.-(1) Where the amount due at the time imprisonment is imposed

is so much of a sum adjudged to be paid by a summary conviction
as remains due after part payment, then, subject to sub-paragraph (2)
below, the maximum period applicable to the amount shall be the
period applicable to the whole sum reduced by such number of
days as bears to the total number of days therein the same proportion
as the part paid bears to the whole sum.
(2) In calculating the reduction required under sub-paragraph (1)
above any fraction of a day shall be left out of account and the
maximum period shall not be reduced to less than 5 days.

3. The maximum period applicable to a sum of any amount

enforceable as a civil debt shall be 6 weeks.

Section 130. SCHEDULE 5

TRANSFER OF REMAND HEARINGS

1. A court which, on adjourning a case, makes an order under

section 130(1) of this Act is not required at that time to fix the time
and place at which the case is to be resumed but shall do so as soon
as practicable after the order ceases to be in force.

2. Where an order under subsection (1) of section 130 of this Act is

made in the course of proceedings which, for the purposes of section
8 of this Act, are committal proceedings, proceedings relating to the
accused before the alternate court are also committal proceedings
for those purposes.
 Magistrates'' Courts Act 1980 c. 43 99

3. A court making an order under subsection (1) of section 130 ScH. 5

of this Act or remanding the accused under subsection (4) shall at
once notify the court before which the accused is to be brought as
to the terms of the order or remand.
4. A person to whom an order under section 130(1) of this Act
applies shall, if released on bail, be bailed to appear before the
court which made the order.
5. Section 130 of this Act and this Schedule have effect notwith-
standing anything in sections 5, 10 or 18(4) of this Act.

SCHEDULE 6 Section 137.

FEES

PART I
FEES TO BE TAKEN BY CLERKS TO JUSTICES

APPOINTMENT:-
Of any constable (other than special) ... ... ... 0.05
Of special constables, if less than 28, for each person, to
include notice, oath, and certificate ... ... ... 0.05
If more than 28 are appointed on one occasion, for
attending to summons, swearing in, and making out
appointments, and the business thereof, for each day 2.10
ATTENDANCE:
On a justice, to view deserted premises in order to affix
notice or to give possession thereof, or to view a high-
way, bridge or nuisance ... ... ... ... 0.33
If required to go more than one mile from the place of
holding petty sessions, for each mile after the first
(one way) ... ... ... ... ... ... ... 0.05
CASE FOR THE OPINION OF HIGH COURT (S. 111 of this
Act) :-
Drawing case and copy, when the case does not exceed
5 folios of 90 words ... ... ... ... ... 0.50
For every additional folio beyond 5 ... ... ... 0.05
Taking recognizance as required by s. 114 of this Act ... 0.25
Every enlargement or renewal thereof ... ... ... 0.13
For certificate of refusal of case ... ... ... ... 0.10
CERTIFICATE:-
Every certificate not otherwise charged ... ... ... 0.10
CIVIL DEBT (not including rates) :-
Summons and copy ... ... .. ... ... 0.07
Complaint ... ... ... ... ... ... ... 0.05
Order and copy ... ... ... ... ... ... 0.15
Oath (each witness) ... ... ... ... ... 0.05
Summons on complaint for commitment and copy,
including hearing ... ... ... ... ... ... 0-15
Warrant of distress ... ... ... ... ... ... 0.10
Commitment. (See Warrant.)
100 c. 43 Magistrates' Courts Act 1980

ScH. 6
COMPLAINT:-
Every complaint not otherwise charged ... 0.05
COPY:
Of any document, per folio of 72 words ... ... 0.02
DUPLICATE:--
One-half
the
For the duplicate of any document original
fee.
EXHIBIT:---
Each document annexed to or referred to in any affidavit
or declaration and marked ... ... ... ... 0.05
HEARING:--
When no order is made ... ... ... ... ... 0.05
LICENCES:--
For every licence, consent, or authority not otherwise
provided for, to include registration when necessary 0.25
LIST:-
Every list not otherwise provided for which it is the duty
of the clerk to the justices to make or transmit ... 0.13
NOTICE:
Every notice not otherwise provided for ... ... ... 0.05
OATH:-
Every oath, affirmation, or solemn declaration not other-
wise charged ... ... ... ... ... ... 0.05
(See note at end of table.)
ORDER:
Order, certificate, or record of proceedings in case of
deserted premises, or relating to a highway, bridge, or
nuisance ... ... ... ... ... ... ... 0.25
Order as to the removal of a person of unsound mind ... 0.25
Every order or minute thereof not otherwise charged ... 0.15
Order as to the affiliation of a bastard or under Part I
1978 c. 22. of the Domestic Proceedings and Magistrates' Courts
Act 1978 ... ... ... ... ... ... ... 0.10
Variation, revocation, or revival of order ... ... 0.05
RATE:-
Enforcement of any rate, to include complaint, summons,
and all other proceedings for which separate fees are
not provided hereunder ... ... ... ... ... 0.10
Order ... ... ... ... ... ... .. 0.10
Warrant of distress ... ... ... ... ... ... 0.10
Commitment ... ... ... ... ... ... 0.10
If more than one rate is included in the summons, for
each rate after the first ... ... ... ... ... 0.03
 Magistrates' Courts Act 1980 c. 43 101

When the form of warrant specified as C(2) in Schedule Scr. 6

12 to the General Rate Act 1967, or a form to the like 1967 c. 9.
effect, is used, for each name inserted in the particulars
over and above eight ... ... ... ... ... 0.01
SUMMONS:-
Every summons ... ... ... ... ... ... 0.05
Every copy ... ... ... ... ... ... ... 0.03
Backing summons for service from outside jurisdiction 0.05
WARRANT:-
Every warrant of distress when not otherwise provided
for ... .. ... .. .. .f.. ... 0.10
To commit after order in which the order is setorth ... 0.10
Every other warrant ... ... ... ... ... 0.05
Return to warrant or endorsing warrant, including oath 0.05
Backing warrant for execution from outside jurisdiction 0.05
NOTE-Nothing herein contained shall be construed as authorising
the demand of any fee for any oath, affirmation, or declaration to
obtain pay, pension, or allowance from government or friendly society,
or charitable fund, or for any declaration relating to lost duplicates
of articles pledged where the amount advanced on such articles does
not exceed £1, or in any other case where an Act of Parliament directs
that no fee shall be taken.

PART II
MATTERS IN RESPECT OF WHICH NO FEES ARE CHARGEABLE

1. Any summons, warrant, notice or order issued, given or made

under sections 83(1) or (2), 88, 89 or 136 of this Act, or section 104 of
the General Rate Act 1967, or under any rule made for the purposes
of those provisions.
2. Any criminal matter, but this paragraph shall not prevent the
charging of a fee for supplying, for use in connection with a matter
which is not a criminal matter, a copy of a document prepared for
use in connection with a criminal matter.

PART III
MATTERS TO WHICH PART I DOES NOT APPLY
1. Billiard licences under section 10 of the Gaming Act 1845. 1845 c. 109.

2. The registrationof music and dancing licences under section 51

of the Public Health Acts Amendment Act 1890. 1890 c. 59.
1909 c. 30.
3 . Licences under the Cinematograph Act 1909.
1913 C. 31.
4. Appeals from pilotage authority under section 28 of the Pilotage
Act 1913.
5. Matters in respect of which fees are authorised to be charged
by section 29 of the Licensing Act 1964. 1964 c. 26.

E
102 c. 43 Magistrates' Courts Act 1980

Section 154. SCHEDULE 7

CONSEQUENTIAL AMENDMENTS

Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43)

1. In sections 6 and 10 of the Summary Jurisdiction Act 1857
for " the Magistrates' Courts Act 1952 " (wherever the words occur)
substitute " the Magistrates' Courts Act 1980 ".
Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35)
2. In section 6 of the Criminal Law Amendment Act 1867 for
"section forty-one of the Magistrates' Courts Act 1952" substitute
" section 105 of the Magistrates' Courts Act 1980 " and for " section
fifteen of the Justices of the Peace Act 1949 " substitute " section
144 of that Act ".
Gun Barrel Proof Act 1868 (c. cxiii)
3. In section 4 of the Gun Barrel Proof Act 1868, in the definition
of " statutory maximum ", for " section 28 of the Criminal Law Act
1977 " substitute " section 32 of the Magistrates' Courts Act 1980 ".

Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86)

4. In section 12(4). of the Criminal Justice Act 1925 for " section
fifteen of the Justices of the Peace Act 1949 " substitute " section 144
of the Magistrates' Courts Act 1980 ".
5. In section 33(4) of the Criminal Justice Act 1925 for the words
following " may be made by rules " in the second place where those
words occur substitute " under section 144 of the Magistrates' Courts
Act 1980 ".
Children and Young Persons Act 1933 (23 & 24 Geo. 5 c. 12)
6. In section 46(lA) of the Children and Young Persons Act 1933
for " section 1 of the Magistrates' Courts Act 1957 " substitute
" section 12 of the Magistrates' Courts Act 1980 ".
Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58)
7. In section 27(3) of the Criminal Justice Act 1948 for " section
105(5) of the Magistrates' Courts Act 1952 " substitute " section
128(7) of the Magistrates' Courts Act 1980 ".

Maintenance Orders Act 1950 (14 Geo. 6 c. 37)

8. In section 25(1) of the Maintenance Orders Act 1950 for
section fifteen of the Justices of the Peace Act 1949 " substitute
" section 144 of the Magistrates' Courts Act 1980 ".
Rag Flock and Other Filling Materials Act 1951 (14 & 15 Geo. 6 c. 63)
9. In section 20 of the Rag Flock and Other Filling Materials
Act 1951 for " section one hundred and fifteen of the Magistrates'
Courts Act 1952 " substitute " section 140 of the Magistrates' Courts
Act 1980.".
 Magistrates' Courts Act 1980 c. 43 103

Pharmacy Act 1954 (2 & 3 Eliz. 2 c. 61) ScH. 7

10. In section
21 of the Pharmacy Act 1954 for " the Magistrates'
Courts Act 1952 " substitute " the Magistrates' Courts Act 1980 ".
Mines and Quarries Act 1954 (2 & 3 Eliz. 2 c. 70)
11. In section 153(a) of the Mines and Quarries Act 1954 for
"section thirty-five of the Magistrates' Courts Act 1952" substitute
" section 44 of the Magistrates' Courts Act 1980 ".
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
12. In sections 187(4) and 215(9) of the Army Act 1955 for "the
Magistrates' Courts Act 1952 " substitute, in each case. " the Magis-
trates' Courts Act 1980 ".
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
13. In sections 187(4) and 213(9) of the Air Force Act 1955 for
" the Magistrates' Courts Act 1952 " substitute, in each case, " the
Magistrates' Courts Act 1980 ".
Food and Drugs Act 1955 (4 & 5 Eliz. 2 c. 16)
14. In section 108(1) of the Food and Drugs Act 1955 for "the
Magistrates' Courts Act 1952 " (where the words first occur) substi-
tute " the Magistrates' Courts Act 1980 " and for " section one hun-
dred and four of the Magistrates' Courts Act 1952 " substitute "sec-
tion 127(1) of the Magistrates' Courts Act 1980 ".
15. In section 117(1) of the Food and Drugs Act 1955 for "the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
Magistrates' Courts (Appeals from Binding Over Orders) Act 1956
(4 & 5 Eliz. 2 c. 44)
16. In section 1(1) of the Magistrates' Courts (Appeals from Bind-
ing Over Orders) Act 1956 for " the Magistrates' Courts Act 1952 "
substitute " the Magistrates' Courts Act 1980 ".
Sexual Offences Act 1956 (4 & 5 Eliz. 2 c.69)
17. In section 37(7) of the Sexual Offences Act 1956-
(a) in paragraph (a) for " section 6 of the Children and Young
Persons Act 1969 " substitute " section 24 of the Magistrates'
Courts Act 1980 " ;
(b) in paragraph (b) for " subsection (5) of section ninety-eight
of the Magistrates' Courts Act 1952 " substitute " sub-
section (5) of section 121 of the Magistrates' Courts Act
1980 ".
18. In Part II of Schedule 2 to the Sexual Offences Act 1956, in
paragraphs 17 and 18-
(a) in sub-paragraph (ii) in the second column of each para-
graph, for " section 16(2) of the Criminal Law Act 1977 "
substitute " section 17(1) of the Magistrates' Courts Act
1980";
(b) in the third column of each paragraph, for " section 28(1)
of that Act " substitute " section 32(1) of that Act ".
E2
104 c. 43 Magistrates' Courts Act 1980

Sm. 7 Dentists Act 1957 (5 & 6 Eliz. 2 c.28)

19. In section 34(3) of the Dentists Act 1957 for "section one
hundred and four of the Magistrates' Courts Act 1952 " substitute
" section 127(1) of the Magistrates' Courts Act 1980 ".

Affiliation Proceedings Act 1957 (5 & 6 Eliz. 2 c.55)

20. In section 5(5) of the Affiliation Proceedings Act 1957 for
Cc
section fifty-two of the Magistrates' Courts Act 1952 " substitute
" section 59 of the Magistrates' Courts Act 1980 ".
21. In section 6A of the Affiliation Proceedings Act 1957-
(a) in subsection (1) for " section 53 of the Magistrates' Courts
Act 1952 " substitute " section 60 of the Magistrates' Courts
Act 1980 " ;
(b) in subsection (2) for " the said section 53 " substitute " the
said section 60 " ;
(c) in subsection (5) for " section 63 of the Magistrates' Courts
Act 1952 " substitute " section 75 of the Magistrates' Courts
Act 1980 ".

Housing Act 1957 (5 & 6 Eliz. 2 c. 56)

22. In section 191(5) of the Housing Act 1957 for " subsection (3)
of section one hundred and twenty-two of the Magistrates' Courts
Act 1952 " substitute " subsection (3) of section 145 of the
Magistrates' Courts Act 1980 ".

Maintenance Orders Act 1958 (6 & 7 Eliz. 2 c.39)

23. In section 18 of the Maintenance Orders Act 1958-
(a) in subsection (1) for " subsection (2) of section sixty-five of
the Magistrates' Courts Act 1952 " substitute " subsection
(2) of section 77 of the Magistrates' Courts Act 1980 " ;
(b) in subsection (6) for " section sixty-seven of the Magistrates'
Courts Act 1952 " substitute " section 79 of the Magis-
trates' Courts Act 1980 ".

24. In section 21(1) of the Maintenance Orders Act 1958 for

" the Magistrates' Courts Act 1952 " substitute " the Magistrates'
Courts Act 1980 " and for " subsection (2) of section one hundred
and twenty-four thereof " substitute " subsection (2) of section 148
thereof ".

Adoption Act 1958 (7 Eliz. 2 c. 5)

25. In section 9(2) and (4) of the Adoption Act 1958 for " section
fifteen of the Justices of the Peace Act 1949 " substitute " section
144 of the Magistrates' Courts Act 1980 ".

26. In section 48 of the Adoption Act 1958 for " the Magistrates'
Courts Act 1952 " substitute the Magistrates' Courts Act 1980 ".
11
 Magistrates' Courts Act 1980 c. 43 105

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c.7) ScH. 7

27. In section 9 of the Manoeuvres Act 1958 for " the Magistrates'
Courts Act 1952 " substitute " the Magistrates' Courts Act 1980 ".
County Courts Act 1959 (7 & 8 Eliz. 2 c. 22)
28. In section 179(b) of the County Courts Act 1959 for "the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 (disregarding section 81(1) of that Act) ".
Highways Act 1959 (7 & 8 Eliz.2 c.25)
29. In section 295(1) of the Highways Act 1959, in the definition
of " petty sessions area ", for " the Magistrates' Courts Act 1952 "
substitute " the Magistrates' Courts Act 1980 ".
Street Offences Act 1959 (7 & 8 Eliz.2 c.57)
30. In section 2(2) of the Street Offences Act 1959 for " section
fifteen of the Justices of the Peace Act 1949 " substitute " section 144
of the Magistrates' Courts Act 1980 " and for " sections forty-seven to
forty-nine of the Magistrates' Courts Act 1952 " substitute " sections
55 to 57 of that Act ".
Mental Health Act 1959 (7 & 8 Eliz. 2 c. 72)
31. In section 67(4) of the Mental Health Act 1959 for " section
twenty-nine of the Magistrates' Courts Act 1952 " substitute " section
38 of the Magistrates' Courts Act 1980 ".

32. In section 72(6)(b) of the Mental Health Act 1959 for " subsec-
tion (3) of section ninety-one of the Magistrates' Courts Act 1952 "
substitute " subsection (3) of section 115 of the Magistrates' Courts
Act 1980 ".
33. In section 73(2)(b) of the Mental Health Act 1959 for " sec-
tion twenty-eight or section twenty-nine of the Magistrates' Courts
Act 1952 " substitute " section 37 or section 38 of the Magistrates'
Courts Act 1980 ".
34. In section 77(3) of the Mental Health Act 1959 for " section
one hundred and five of the Magistrates' Courts Act 1952 " sub-
stitute " section 128 of the Magistrates' Courts Act 1980 ".
Road Traffic Act 1960 (8 & 9 Eliz. 2 c.16)
35. In section 257(1) of the Road Traffic Act 1960, in the defini-
tions of " magistrates' court " and "petty sessions area ", for " the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
Administration of Justice Act 1960 (8 & 9 Eliz.2 c.65)
36. In section 13(5) of the Administration of Justice Act 1960, in
paragraph (c) for " subsection (3) of section fifty-four of the Magi-
strates' Courts Act 1952 " substitute " subsection (3) of section 63 of
the Magistrates' Courts Act 1980 " and in the words following para-
graph (c) for " the Magistrates' Courts Act 1952 " substitute " the
Magistrates' Courts Act 1980 ".
E3
106 c. 43 Magistrates' Courts Act 1980

SCH. 7 Factories Act 1961 (9 & 10 Eiiz.2 c.34)

37. In section 176(1) of the Factories Act 1961, in the definition
of " magistrates' court ", for " the Magistrates' Courts Act 1952 "
substitute " the Magistrates' Courts Act 1980 ".
Criminal Justice Act 1961 (9 & 10 Eliz. 2 c. 39)
38. In section 1(4) of the Criminal Justice Act 1961 for " section
twenty-eight of the Magistrates' Courts Act 1952 " substitute " sec-
tion 37 of the Magistrates' Courts Act 1980 ".
39. In section 3(4) of the Criminal Justice Act 1961 for " section
one hundred and eight of the Magistrates' Courts Act 1952 " sub-
stitute " section 133 of the Magistrates' Courts Act 1980 ".
40. In section 4(4) of the Criminal Justice Act 1961 for " subsection
(3) of section fourteen of the Magistrates' Courts Act 1952 " sub-
stitute " subsection (3) of section 10 of the Magistrates' Courts Act
1980 ".
41. In section 5(5) of the Criminal Justice Act 1961 for " Part III
of the Magistrates' Courts Act 1952 " substitute " Part III of the
Magistrates' Courts Act 1980 ".
42. In section 12(4) of the Criminal Justice Act 1961 for " sub-
section (3) of section fourteen of the Magistrates' Courts Act 1952 "
substitute " subsection (3) of section 10 of the Magistrates' Courts
Act 1980 ".
Plant Varieties and Seeds Act 1964 (c.14)
43. In, section 23(2) of the Plant Varieties and Seeds Act 1964 for
" section 104 of the Magistrates' Courts Act 1952 " substitute " section
127(1) of the Magistrates' Courts Act 1980 ".
44. In section 28 of the Plant Varieties and Seeds Act 1964-
(a) in subsection (1) for " section 104 of the Magistrates' Courts
Act 1952 " substitute " section 127(1) of the Magistrates'
Courts Act 1980 " ;
(b) in subsection (2) for " the said section 104 " substitute " the
said section 127(1) ".
Licensing Act 1964 (c.26)
45. In section 22(4) of the Licensing Act 1964 for " section 85(2)
of the Magistrates' Courts Act 1952 " substitute " section 109(1) of
the Magistrates' Courts Act 1980 ".
46. In section 28(2) of the Licensing Act 1964 for " Section 118(2)
of the Magistrates' Courts Act 1952 " substitute " Section 141(2) of
the Magistrates' Courts Act 1980 ".
47. In section 48(3) of the Licensing Act 1964 for " section 104
of the Magistrates' Courts Act 1952 " substitute " section 127(1) of
the Magistrates' Courts Act 1980 ".
48. In section 192(2) of the Licensing Act 1964 for " section 3 of
the Magistrates' Courts Act 1952 " substitute " section 3 of the
Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 107

49. In Schedule 2 to the Licensing Act 1964, in paragraph 9, for ScH. 7

Subsections (1), (3) and (4) of section 77 of the Magistrates' Courts
Act 1952 " substitute " Subsections (1), (3) and (4) of section 97 of
the Magistrates' Courts Act 1980 ".

50. In Schedule 6 to the Licensing Act 1964-

(a) in paragraph 16(2), for " subsections (1) and (3) of section
77 and section 98 of the Magistrates' Courts Act 1952 "
substitute " subsections (1) and (3) of section 97 and section
121 of the Magistrates' Courts Act 1980 " ;
(b) in paragraph 18, for the, words from " section 15 of the
Justices of the Peace Act 1949 " to the end substitute " sec-
tion 144 of the Magistrates' Courts Act 1980, shall have
effect subject to any rules so made and to any rules made
under section 15 of the Justices of the Peace Act 1949
(which was re-enacted in the said section 144) after 3rd
August 1961 ".

Administration of Justice Act 1964 (c.42)

51. In section 38(1) of the Administration of Justice Act 1964
for " section 28 or 29 of the Magistrates' Courts Act 1952 " substitute
" section 37 or 38 of the Magistrates' Courts Act 1980 ".
Magistrates' Courts Act (Northern Ireland) 1964 (c.21 (N.I.))
52. In section 104B of the Magistrates' Courts Act (Northern
Ireland) 1964-
(a) in subsection (1) for " section 72A of the Magistrates' Courts
Act 1952 " substitute " section 90 of the Magistrates' Courts
Act 1980 " and for " the said Act of 1952 " substitute " the
said Act of 1980 " ;
(b) in subsection (2) for " section 72A of the Magistrates' Courts
Act 1952 " substitute " section 90 of the Magistrates' Courts
Act 1980 ".

Finance Act 1965 (c.25)

53. In section 92(7) of the Finance Act 1965 for " Section 104 of
the Magistrates' Courts Act 1952 " substitute " Section 127(1) of the
Magistrates' Courts Act 1980 ".

Gas Act 1965 (c.36)

54. In section 21(4) of the Gas Act 1965 for " section 35 of the
Magistrates' Courts Act 1952 " substitute " section 44 of the
Magistrates' Courts Act 1980 ".

Backing of Warrants (Republic of Ireland) Act 1965 (c.45)

55. In the Schedule to the Backing of Warrants (Republic of Ire-
land) Act 1965, in the proviso to paragraph 2, for " the Magistrates'
Courts Act 1952 " (in both places) substitute " the Magistrates' Courts
Act 1980 ".
E4
108 c. 43 Magistrates' Courts Act 1980

Sca, 7 Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)

56. In section 8 of the Criminal Procedure (Attendance of
Witnesses) Act 1965 for " section 77 of the Magistrates' Courts Act
1952 " substitute " section 97 of the Magistrates' Courts Act 1980 ".

General Rate Act 1967 (c.9)

57. In section 97(3) of the General Rate Act 1967 for " section 15
of the Justices of the Peace Act 1949 " substitute " section 144 of the
Magistrates' Courts Act 1980 ".
58. In section 98 of the General Rate Act 1967 for "the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
59. In section 104(2) of the General Rate Act 1967 for "section 15
of the Magistrates' Courts Act 1952 " substitute " section 13 of the
Magistrates' Courts Act 1980 ".
60. In section 107(1) of the General Rate Act 1967 for " section
122(3) of the Magistrates' Courts Act 1952 " substitute " section
145(3) of the Magistrates' Courts Act 1980 ".

Criminal Law Act 1967 (c.58)

61. In section 2(1) of the Criminal Law Act 1967 for " section 29 of
the Criminal Law Act 1977 " substitute " section 33 of the
Magistrates' Courts Act 1980 ", for " subsection (2) of section 23 of
the said Act of 1977 " substitute " subsection (2) of section 22 of the
said Act of 1980 " and for " the said section 23 " substitute " the said
section 22 ".

Wireless Telegraphy Act 1967 (c.72)

62. In section 11(4) of the Wireless Telegraphy Act 1967 for
" section 115 of the Magistrates' Courts Act 1952 " substitute " section
140 of the Magistrates' Courts Act 1980 ".

Criminal Justice Act 1967 (c.80)

63. In section 7 of the Criminal Justice Act 1967 for " section 2
of this Act " substitute " section 102 of the Magistrates' Courts Act
1980 ".

In section 11(3) of the Criminal Justice Act 1967 for " section
64.
15 of the Justices of the Peace Act 1949 " substitute " section 144 of
the Magistrates' Courts Act 1980 ".

65. In section 32(3)(b) of the Criminal Justice Act 1967 for

" section 26 of the Magistrates' Courts Act 1952 " substitute " section
30 of the Magistrates' Courts Act 1980 ".

66. In section 36(2) of the Criminal Justice Act 1967 for "the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 109

67. In section 56 of the Criminal Justice Act 1967- Scn. 7

(a) in subsection (2) for " sections 28 and 29 of the Magistrates'
Courts Act 1952 " substitute "sections 37 and 38 of the
Magistrates' Courts Act 1980 " ;
(b) in subsection (6) for " section 28 of the Magistrates' Courts
Act 1952 " substitute " section 37 of the Magistrates' Courts
Act 1980 ".
68. In section 62(7) of the Criminal Justice Act 1967 for " section
29 of the Magistrates' Courts Act 1952 " substitute " section 38 of
the Magistrates' Courts Act 1980 ".

69. In section 90(2) and (4) of the Criminal Justice Act 1967 for
" section of the Magistrates' Courts Act 1952 " substitute, in
104
each case, " section 127(1) of the Magistrates' Courts Act 1980 ".

Companies Act 1967 (c.81)

70. In section 49(3) of the Companies Act 1967 for " section 104
of the Magistrates' Courts Act 1952 " substitute " section 127(1) of
the Magistrates' Courts Act 1980 ".
Criminal Appeal Act 1968 (c.19)
71. In section 1 of the Criminal Appeal Act 1968-
(a) in subsection (1) insert at the beginning " Subject to sub-
section (3) below " ;
(b) insert after subsection (2)-
" (3) Where a person is convicted before the Crown
Court of a scheduled offence it shall not be open to him
to appeal to the Court of Appeal against the conviction
on the ground that the decision of the court which com-
mitted him for trial as to the value involved was
mistaken.
(4) In subsection (3) above " scheduled offence " and
"the value involved " have the same meanings as they
have in section 22 of the Magistrates' Courts Act 1980
(certain offences against property to be tried summarily
if value of property or damage is small).".
Firearms Act 1968 (c.27)
72. In section 51(4) of the Firearms Act 1968 for " section 104 of
the Magistrates' Courts Act 1952 " substitute " section 127(1) of the.
Magistrates' Courts Act 1980 ".
73. In Part II of Schedule 6 to the Firearms Act 1968, in para-
graph 3-
(a) in sub-paragraph (1) for " Schedule 3 to the Criminal Law
Act 1977 " substitute " Schedule 1 to the Magistrates'
Courts Act 1980 " ;
(b) in sub-paragraph (2) for " sections 19 to 24 of the said Act.
of 1977 " substitute " sections 18 to 23 of the said Act of
1980";
110 c. 43 Magistrates' Courts Act 1980

SCH. 7 (c) in sub-paragraph (3) for " the said sections 19 to 24 " sub-
stitute " the said sections 18 to 23 " and for " section 25(3)
and (4) of the said Act of 1977 " substitute " section 25(3)
and (4) of the said Act of 1980 ".

Trade Descriptions Act 1968 (c.29)

74. In sections 19(2) and 40(1)(a) of the Trade Descriptions Act
1968 for " section 104 of the Magistrates' Courts Act 1952 " sub-
stitute " section 127(1) of the Magistrates' Courts Act 1980 ".

Civil Evidence Act 1968 (c.64)

75. In section 8(6) of the Civil Evidence Act 1968 for " section 15
of the Justices of the Peace Act 1949 " substitute " section 144 of the
Magistrates' Courts Act 1980 ".

Medicines Act 1968 (c.67)

76. 125(1) of the Medicines Act 1968 for " section 104
In section
of the Magistrates' Courts Act 1952 " substitute " section 127(1) of
the Magistrates' Courts Act 1980 ".

Sea Fisheries Act 1968 (c.77)

77. In section 12(3) of the Sea Fisheries Act 1968 for " Sections
65(1) and 66 of the Magistrates' Courts Act 1952 " substitute " Sec-
tions 77(1) and 78 of the Magistrates' Courts Act 1980 ".

Children and Young Persons Act 1969 (c. 54)

78. In section 2 of the Children and Young Persons Act 1969-
(a) in subsection (4) for " subsections (3) and (4) of section 47 of
the Magistrates' Courts Act 1952 " substitute " subsections
(3) and (4) of section 55 of the Magistrates' Courts Act
1980";
(b) in subsection (6) for " Section 77 of the Magistrates' Courts
Act 1952 " substitute " Section 97 of the Magistrates' Courts
Act 1980 ";
(c) in subsection (13) for " section 96 of the Magistrates' Courts
Act 1952 " substitute " section 120 of the Magistrates'
Courts Act 1980 ".

79. In section 7(1) of the Children and Young Persons Act 1969
for " section 28(1) of the Magistrates' Courts Act 1952 " substitute
" section 37(1) of the Magistrates' Courts Act 1980 ".
80. In section 8(3) of the Children and Young Persons Act 1969
for " Subsections (2) and (4) of section 40 of the Magistrates' Courts
Act 1952" substitute " Subsections (2) and (4) of section 49 of the
Magistrates' Courts Act 1980 ".

81. In section 16(2) of the Children and Young Persons Act 1969
for " subsections (3) and (4) of section 47 of the Magistrates' Courts
Act 1952 " substitute " subsections (3) and (4) of section 55 of the
Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 111

82. In section 18(2) of the Children and Young Persons Act 1969 ScH. 7
for " section 15 of the Justices of the Peace Act 1949 " substitute
" section 144 of the Magistrates' Courts Act 1980 ".

83. In section 23 of the Children and Young Persons Act 1969-

(a) in subsection (4) for " section 28 of the Magistrates' Courts
Act 1952 " substitute " section 37 of the Magistrates'
Courts Act 1980 " ;
(b) in subsection (5) for " section 105(5) of the said Act of 1952 "
substitute " section 128(7) of the said Act of 1980 ".

84. In section 31(6) of the Children and Young Persons Act 1969
for " the Magistrates' Courts Act 1952" substitute " the Magistrates'
Courts Act 1980 ".

85. In section 70(1) of the Children and Young Persons Act 1969,
in the definition of " petty sessions area ", for " the Magistrates'
Courts Act 1952 " substitute " the Magistrates' Courts Act 1980 ".

86. In Schedule 4 to the Children and Young Persons Act 1969,

in paragraph 5(1), for " section 28(1) of the Magistrates' Courts Act
1952 " substitute " section 37(1) of the Magistrates' Courts Act 1980 ".

87. In Schedule 5 to, the Children and Young Persons Act 1969,
in paragraph 55, for " sections 2 and 9 of the Criminal Justice Act
1967 " substitute " section 9 of the Criminal Justice Act 1967 and
section 102 of the Magistrates' Courts Act 1980 ".

Administration of Justice Act 1970 (c. 31)

88. In section 41(8) of the Administration of Justice Act 1970 for
" section 64 of the Magistrates' Courts Act 1952 " substitute " section
76 of the Magistrates' Courts Act 1980 " and for "paragraph 2 of
Schedule 3 to that Act " substitute " paragraph 2 of Schedule 4 to
that Act ".

89. In Schedule 1 to the Administration of Justice Act 1970 for

" section 54(3) of the Magistrates' Courts Act 1952 " substitute.
" section 63(3) of the Magistrates' Courts Act 1980 ".
Merchant Shipping Act 1970 (c. 36)
90. In section 56(2) and (7) of the Merchant Shipping Act 1970
for " subsections (1), (3) and (4) of section 77 of the Magistratesv
Courts Act 1952 " substitute, in each place, " subsections (1), (3) and
(4) of section 97 of the Magistrates' Courts Act 1980 ".

Guardianship of Minors Act 1971 (c. 3)

91. In section 13(1) of the Guardianship of Minors Act 1971 for
" section 54(3) of the Magistrates' Courts Act 1952 " substitute
" section 63(3) of the Magistrates' Courts Act 1980 ".
112 c. 43 Magistrates' Courts Act 1980

SCH. 7 92. In section16(5) of the Guardianship of Minors Act 1971-

(a) for " section 15 of the Justices of the Peace Act 1949 " sub-
stitute " section 144 of the Magistrates' Courts Act 1980 " ;
(b) for " section 55(1) of the Magistrates' Courts Act 1952 "
substitute " section 64(1) of the Magistrates' Courts Act
1980 ".

Vehicles (Excise) Act 1971 (c.10)

93. In section 34 of the Vehicles (Excise) Act 1971-
(a) for " section 1(2) of the Magistrates' Courts Act 1957 "
substitute " section 12(2) of the Magistrates' Courts Act
1980 ";
(b) for " section 15 of the Justices of the Peace Act 1949 "
substitute " section 144 of the Magistrates' Courts Act
1980 ";
(c) for " the said section 1(2) " substitute " the said section
12(2) ".
Courts Act 1971 (c.23)
94. In section 7(2) of the Courts Act 1971 for "subsection (1)
above " substitute " section 7 of the Magistrates' Courts Act 1980 ".
95. In section 13 of the Courts Act 1971-
(a) in subsection (5Xe) for " sections 94 and 95 of the Magist-
rates' Courts Act 1952 " substitute " sections 118 and 119 of
the Magistrates' Courts Act 1980 " ;
(b) in subsection (8) for " the Magistrates' Courts Act 1952 "
substitute " the Magistrates' Courts Act 1980 ".
96. In section 52(5) of the Courts Act 1971 for "section 55 of the
Magistrates' Courts Act 1952 " substitute " section 64 of the Magis-
trates' Courts Act 1980 ".
Attachment of Earnings Act 1971 (c.32)
97. In section 3 of the Attachment of Earnings Act 1971-
(a) in subsection (1)(c) for " section 52(1) of the Magistrates'
Courts Act 1952 " substitute " section 59(1) of the Magist-
rates' Courts Act 1980 " ;
(b) in subsection (4) for " section 64 of the Magistrates' Courts
Act 1952 " substitute " section 76 of the Magistrates' Courts
Act 1980 " and for " section 64 of the said Act of 1952 "
substitute " section 76 of the said Act of 1980 ".
98. In section 8(3) of the Attachment of Earnings Act 1971 for
" section 65(2) of the Magistrates' Courts Act 1952 " substitute " sec-
tion 77(2) of the Magistrates' Courts Act 1980 ".
99. In section 17(3)(e) of the Attachment of Earnings Act 1971
for " Part III of the Magistrates' Courts Act 1952 " substitute " Part
.III of the Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 113

100. In section 19 of the Attachment of Earnings Act 1971- Scs. 7

(a) in subsection (4) for " section 43 of the Magistrates' Courts
Act 1952 " substitute " section 51 of the Magistrates' Courts
Act 1980 " ;
(b) in subsection (5) for " section 104 of the Magistrates' Courts
Act 1952 " substitute " section 127(1) of the Magistrates'
Courts Act 1980 ".
101. In section 25 of the Attachment of Earnings Act 1971-
(a) in subsection (1), in the definition of "rules of court ", for
" section 15 of the Justices of the Peace Act 1949 "
substitute " section 144 of the Magistrates' Courts Act
1980 " ; and
(b) in subsection (6) for " Part III of the Magistrates' Courts
Act 1952 " substitute " Part III of the Magistrates' Courts
Act 1980 ".
Misuse of Drugs Act 1971 (c.38)
102. In section 25(4) of the Misuse of Drugs Act 1971 for " section
104 of the Magistrates' Courts Act 1952 " substitute "section 127(1)
of the Magistrates' Courts Act 1980 ".
Fire Precautions Act 1971 (c.40)
103. In section 26(1) of the Fire Precautions Act 1971 for "the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
Immigration Act 1971 (c.77)
104. In section 6(2) of the Immigration Act 1971 for " section 14(3)
of the Magistrates' Courts Act 1952 " substitute " section 10(3) of the
Magistrates' Courts Act 1980 ".
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)
105. In section 14(3) and (6) of the Maintenance Orders (Recip-
rocal Enforcement) Act 1972 for " section 77(1), (3) and (4) of the
Magistrates' Courts Act 1952 " substitute, in each case, " section
97(1), (3) and (4) of the Magistrates' Courts Act 1980 ".
106. In section 18(1) of the Maintenance Orders (Reciprocal En-
forcement) Act 1972 for " section 15 of the Justices of the Peace
Act 1949 " substitute " section 144 of the Magistrates' Courts Act
1980 ".
107. In section 21(1) of the Maintenance Orders (Reciprocal
Enforcement) Act 1972, in the definition of " prescribed ", for
" section 15 of the Justices of the Peace Act 1949 " substitute
" section 144 of the Magistrates' Courts Act 1980 ".
108. In section 27 of the Maintenance Orders (Reciprocal Enforce-
ment) Act 1972-
(a) in subsection (9) for " section 52 of the Magistrates' Courts
Act 1952 " substitute " section 59 of the Magistrates' Courts
Act 1980 " ;
(b) in subsection (10) for "section 15 of the Justices of the
Peace Act 1949 " substitute " section 144 of the Magis-
trates' Courts Act 1980 ".
114 c. 43 Magistrates' Courts Act 1980

Scn.7 109. In section 38(4) and (6) of the Maintenance Orders (Recip-
rocal Enforcement) Act 1972 for " section 77(1), (3) and (4) of the
Magistrates' Courts Act 1952 " substitute, in each case, " section
97(1), (3) and (4) of the Magistrates' Courts Act 1980 ".

110. In section 41 of the Maintenance Orders (Reciprocal Enforce-

ment) Act 1972-
(a) in subsections (1), (2A) and (2B) for " section 53 of the
Magistrates' Courts Act 1952 " substitute, in each case,
" section 60 of the Magistrates' Courts Act 1980 " ;
(b) in subsection (2A) for " section 15 of the Justices of the
Peace Act 1949 " substitute " section 144 of the Magistrates'
Courts Act 1980 " ;
(c) in subsection (2B) for " section 47(3) of the Magistrates'
Courts Act 1952 " substitute " section 55(3) of the Magi-
strates' Courts Act 1980 ".

Road Traffic Act 1972 (c.20)

111. In section 104(2) of the Road Traffic Act 1972 for "section
1(2) of the Magistrates' Courts Act 1957 " substitute " section 12(2)
of the Magistrates' Courts Act 1980 ".

112. In Part I of Schedule 4 to the Road Traffic Act 1972, in

column 4 of the entries relating to section 2 and section 99(b), for
" section 28 of the Criminal Law Act 1977 " substitute, in each case,
" section 32 of the Magistrates' Courts Act 1980 ".
Civil Evidence Act 1972 (c.30)
113. In section 2(8) of the Civil Evidence Act 1972 for " section
15 of the Justices of the Peace Act 1949 " substitute " section 144
of the Magistrates' Courts Act 1980 ".
Criminal Justice Act 1972 (c.71)
114. In section 46 of the Criminal Justice Act 1972-
(a) in subsection (1) for the words from " Sections 2 " to " those
sections) " substitute " Section 102 of the Magistrates'
Courts Act 1980 and section 9 of the Criminal Justice Act
1967 (which respectively allow written statements to be
used as evidence in committal proceedings and in other
criminal proceedings) and section 106 of the said Act of
1980 and section 89 of the said Act of 1967 (which punish
the making of false statements which are tendered in
evidence under the said section 102 or 9, as the case may
be)
";
(b) in subsection (2) for " The said section 2 " substitute " The
said section 102 ".

115. In section 49(1) of the Criminal Justice Act 1972 for " Part III
of the Magistrates' Courts Act 1952 " substitute " Part III of the
Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 115

Guardianship Act 1973 (c.29) Sca. 7

116. In section 3(4) of the Guardianship Act 1973 for " section 15
of the Justices of the Peace Act 1949 " substitute " section 144 of the
Magistrates' Courts Act 1980 ".
117. In section 6(4) of the Guardianship Act 1973 for "section
46(2) of the Magistrates' Courts Act 1952 " substitute " section 54(2)
of the Magistrates' Courts Act 1980 ".

Fair Trading Act 1973 (c.41)

118. In section 129(2) and (4) of the Fair Trading Act 1973 for
" section 104 of the Magistrates' Courts Act 1952 " substitute " section
127(1) of the Magistrates' Courts Act 1980 ".

Powers of Criminal Courts Act 1973 (c.62)

119. In section 1(6) of the Powers of Criminal Courts Act 1973
for " section 14(1) of the Magistrates' Courts Act 1952 " substitute
" section 10(1) of the Magistrates' Courts Act 1980 ", for " section
15 of that Act " substitute " sections 11(1) and 13(1), (2) and (5) of
that Act ", and for " applies " substitute " apply ".
120. In section 32 of the Powers of Criminal Courts Act 1973-
(a) in subsection (2) for " section 67(2) of the Magistrates' Courts
Act 1952 " substitute " section 79(2) of the Magistrates'
Courts Act 1980 for " section 44(10) of the Criminal
Justice Act 1967 " substitute " section 85(1) of that Act "
and for " Schedule 3 to the Magistrates' Courts Act 1952 "
substitute " Schedule 4 to that Act "
(b) in subsection (4) for " section 44(10) of the Criminal Justice
Act 1967 or section 96 of the Magistrates' Courts Act
1952 " substitute " section 85(1) or 120 of the Magistrates'
Courts Act 1980 " and for " and section 44(10) " substitute
" and section 85(1) ".
121. In section 42 of the Powers of Criminal Courts Act 1973,
for " section 29 of the Magistrates' Courts Act 1952 " substitute
" section 38 of the Magistrates' Courts Act 1980 ".
122. In section 44(1) of the Powers of Criminal Courts Act 1973
for " section 29 of the Magistrates' Courts Act 1952 " substitute
" section 38 of the Magistrates' Courts Act 1980 ".
123. In section 57(1) of the Powers of Criminal Courts Act 1973,
in the definition of " the register ", for " section 15 of the Justices of
the Peace Act 1949 " substitute " section 144 of the Magistrates'
Courts Act 1980 ".
Slaughterhouses Act 1974 (c.3)
124. In section 6(2) of the Slaughterhouses Act 1974 for " the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
116 c. 43 Magistrates' Courts Act 1980

Sca.7 125. In sections 38(6) and 43(3) of the Slaughterhouses Act

1974 for " section 35 of the Magistrates' Courts Act 1952 " substitute,
in each case, " section 44 of the Magistrates' Courts Act 1980 ".

Legal Aid Act 1974 (c.4)

126. In section 23(2) of the Legal Aid Act 1974 for " the Magis-
trates' Courts Act 1952 " substitute " the Magistrates' Courts Act
1980 ".

In section 30(11) of the Legal Aid Act 1974 for "section

127.
91 of the Magistrates' Courts Act 1952 " substitute " section 115 of
the Magistrates' Courts Act 1980 ".

128. In section 40(1) of the Legal Aid Act 1974 for " section 28
or 29 of the Magistrates' Courts Act 1952 " substitute " section
37 or 38 of the Magistrates' Courts Act 1980 ".

129. In Schedule 3 to the Legal Aid Act 1974-

(a)in paragraph 2 for " section 63 of the Magistrates' Courts
Act 1952 " substitute " section 75 of the Magistrates' Courts
Act 1980 " ;
(b) in paragraph 3 for " Sections 74 (complaint for arrears), 75
(effect of committal on arrears) and 76 (power to remit
arrears) of the Magistrates' Courts Act 1952 " substitute
" Sections 93 (complaint for arrears), 94 (effect of committal
on arrears) and 95 (power to remit arrears) of the Magis.
trates' Courts Act 1980 " ;
(c) in paragraph 4 for " section 55 of the Magistrates' Courts
Act 1952 " substitute " section 64 of the Magistrates' Courts
Act 1980 " ;
(d) in paragraph 6 for " Section 68 of the Magistrates' Courts
Act 1952 " substitute " Section 80 of the Magistrates' Courts
Act 1980 ".

Control of Pollution Act 1974 (c.40)

130. In section 87(3) of the Control of Pollution Act 1974 for " sec-
tion 104 of the Magistrates' Courts Act 1952 " substitute " section
127(1) of the Magistrates' Courts Act 1980 ".

Friendly Societies Act 1974 (c.46)

131. In section 102 of the Friendly Societies Act 1974 for " the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
Solicitors Act 1974 (c.47)
132. In sections 26, 42(2) and 44(4) of the Solicitors Act 1974 for
" the Magistrates' Courts Act 1952 " substitute, in each case, " the
Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 117

Insurance Companies Act 1974 (c.49) Scu. 7

133. In section 82(2) of the Insurance Companies Act 1974 for
" section 104 of the Magistrates' Courts Act 1952 " substitute
" section 127(1) of the Magistrates' Courts Act 1980 ".
Rehabilitation of Offenders Act 1974 (c.53)
134. In section 6(6)(a) of the Rehabilitation of Offenders Act 1974
for " section 23 of the Criminal Law Act 1977 " substitute " section
22 of the Magistrates' Courts Act 1980 ".

Social Security Act 1975 (c.14)

135. In section 152(1) of the Social Security Act 1975-
(a) for " section 1(2) of the Magistrates' Courts Act 1957 " sub-
stitute " section 12(2) of the Magistrates' Courts Act 1980 " ;
(b) for " section 15 of the Justices of the Peace Act 1949 " sub-
stitute " section 144 of the Magistrates' Courts Act 1980 ".
Criminal Procedure (Scotland) Act 1975 (c.21)
136. In section 397(1) of the Criminal Procedure (Scotland) Act
1975 for " section 72A of the Magistrates' Courts Act 1952 "
substitute " section 90 of the Magistrates' Courts Act 1980 ".
137. In section 403 of the Criminal Procedure (Scotland) Act
1975-
(a) in subsection (4) for " section 72A of the Magistrates' Courts
Act 1952 " substitute " section 90 of the Magistrates'
Courts Act 1980 ", for " the said Act of 1952 " (in the first
place where the words occur) substitute " the said Act of
1980 " and for "the Table set out in paragraph 1 of
Schedule 3 to the said Act of 1952 " substitute " the Table
set out in paragraph 1 of Schedule 4 to the said Act of
1980 " ;

(b) in subsecton (6) for " section 72A of the Magistrates'

Courts Act 1952 " substitute " section 90 of the Magistrates'
Courts Act 1980 ".
Children Act 1975 (c.72)
138. In section 46(4) of the Children Act 1975 for " section 55(1)
of the Magistrates' Courts Act 1952 " substitute " section 64(1) of
the Magistrates' Courts Act 1980 ".

Presention of Terrorism (Temporary Provisions) Act 1976 (c.8)

139. In section 12(3) of the Prevention of Terrorism (Temporary
Provisions) Act 1976 for " Section 38 of the Magistrates' Courts Act
1952 " substitute " Section 43 of the Magistrates' Courts Act 1980 ".

Restrictive Trade Practices Act 1976 (c.34)

140. In sections 39(2) and 41(5) and (7) of the Restrictive Trade
Practices Act 1976 for " section 104 of the Magistrates' Courts, Act
1952 " substitute, in each case, " section 127(1) of the Magistrates'
Courts Act 1980 ".
118 c. 43 Magistrates' Courts Act 1980

Sex. 7 Adoption Act 1976 (c.36)

141. In section 66(2) of the Adoption Act 1976 for " section 15 of
the Justices of the Peace Act 1949 " substitute " section 144 of the
Magistrates' Courts Act 1980 ".
142. In section 72(1) of the Adoption Act 1976, in the definition of
" rules ", for " section 15 of the Justices of the Peace Act 1949 " sub-
stitute " section 144 of the Magistrates' Courts Act 1980 ".

Bail Act 1976 (c.63)

In section 2(1)(c) of the Bail Act 1976 for " section 26(1) of
143.
the Magistrates' Courts Act 1952 " substitute " section 30(1) of the
Magistrates' Courts Act 1980 ".

144. In section 3(9) of the Bail Act 1976 for "subsection (3) of
section 26 of the Magistrates' Courts Act 1952 " substitute " sub-
section (2) of section 30 of the Magistrates' Courts Act 1980 ".

145. In section 4(7) of the Bail Act 1976 for " section 8 of the
Magistrates' Courts Act 1952 " substitute " section 41 of the Magis-
trates' Courts Act 1980 ".

146. In Part I of Schedule 1 to the Bail Act 1976, in paragraph

8(3), for " section 26(3) of the Magistrates' Courts Act 1952 " sub-
stitute "section 30(2) of the Magistrates' Courts Act 1980 " and
for " the said section 26(3) " substitute " the said section 30(2) ".

Land Drainage Act 1976 (c.70)

147. In section 19(2) of the Land Drainage Act 1976 for "the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".

Sexual Offences (Amendment) Act 1976 (c.82)

148. In section 3(3) of the Sexual Offences (Amendment) Act 1976
for " section 6(1) of the Children and Young Persons Act 1969 " sub-
stitute "section 24(1) of the Magistrates' Courts Act 1980 ".

Criminal Law Act 1977 (c.45)

149. In section 28(8) of the Criminal Law Act 1977 for " Schedule
3 to this Act " substitute " Schedule 1 to the Magistrates' Courts Act
1980 ".

150. In section 38(1) of the Criminal Law Act 1977 for " subsec-
tion (4) of section 102 of the Magistrates' Courts Act 1952 " sub-
stitute " subsection (3) of section 125 of the Magistrates' Courts Act
1980 ".

In section 48(1) of the Criminal Law Act 1977 for " section
151.
15 of the Justices of the Peace Act 1949 " substitute " section 144 of
the Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 119

152. In section 64(2) of the Criminal Law Act 1977 for " section SCH. 7
23 above " substitute " section 22 of the Magistrates' Courts Act
1980 (cases where value involved is small) ".

153. In section 65(2) of the Criminal Law Act 1977 for " 14 "
substitute " 15 " and for " Magistrates' Courts Act 1952 " substitute
" Magistrates' Courts Act 1980 ".
154. In paragraph 1 of Schedule 5 to the Criminal Law Act
1977-
(a) in subparagraph (1)(b), for "subparagraph (2)(b) below"
substitute " subparagraph (IA) below " ;
(b) after subparagraph (1) insert-
" (lA) The offences mentioned in subparagraph
(1)(b) above are offences under the following provisions
of the Misuse of Drugs Act 1971, where the controlled
drug in relation to which the offence was committed was
a Class C drug, namely-
(i) section 4(2) (production, or being concerned in
the production, of a controlled drug) ;
(ii) section 4(3) (supplying or offering a controlled
drug or being concerned in the doing of either
activity by another) ;
(iii) section 5(3) (having possession of a controlled
drug with intent to supply it to another) ;
(iv) section 8 (being the occupier, or concerned in
the management, of premises and permitting or
suffering certain activities to take place there) ;
(v) section 12(6) (contravention of direction pro-
hibiting practitioner etc. from possessing, supplying
etc. controlled drugs) ; or
(vi) section 13(3) (contravention of direction pro-
hibiting practitioner etc. from prescribing, supply-
ing etc. controlled drugs).".

155. In paragraph 1 of Schedule 14 to the Criminal Law Act 1977

for " 14 to 26, 34 and 35 " substitute " 15 and 17 ".

Civil Aviation Act 1978 (c.8)

156. In section 2(7)(a) of the Civil Aviation Act 1978 for " section
28 of the Criminal Law Act 1977 " substitute "section 32 of the
Magistrates' Courts Act 1980 " and for " section 61 of that Act " sub-
stitute " section 143 of that Act ".

Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)

157. In section 8(8) of the Domestic Proceedings and Magistrates'
Courts Act 1978 for " the proviso to section 60(1) of the Magistrates'
Courts Act 1952 " substitute " section 72(1) of the Magistrates' Courts
Act 1980 ".
120 c. 43 Magistrates' Courts Act 1980

Scx, 7 158. In section 12(8) of the Domestic Proceedings and Magistrates'

Courts Act 1978 for " section 46(2) of the Magistrates' Courts Act
1952 " substitute " section 54(2) of the Magistrates' Courts Act
1980 ".
159. In section 16(8) of the Domestic Proceedings and Magistrates'
Courts Act 1978 for " Part II of the Magistrates' Courts Act 1952 "
substitute " Part II of the Magistrates' Courts Act 1980 ".

160. In section 22 of the Domestic Proceedings and Magistrates'

Courts Act 1978 for " section 63 of the Magistrates' Courts Act
1952 " substitute " section 75 of the Magistrates' Courts Act 1980 ".

161. In section 23 of the Domestic Proceedings and Magistrates'

Courts Act 1978-
(a) in subsection (1) for " section 55(1) of the Magistrates' Courts
Act 1952 " substitute " section 64(1) of the Magistrates'
Courts Act 1980 " ;
(b) in subsection (2) for " section 53 of the Magistrates' Courts
Act 1952 " substitute " section 60 of the Magistrates' Courts
Act 1980 " and for " section 54(2) of that Act " substitute
" section 63(2) of that Act ".
162. In section 24(3) of the Domestic Proceedings and Magistrates'
Courts Act 1978 for " section 47(3) of the Magistrates' Courts Act
1952 " substitute " section 55(3) of the Magistrates' Courts Act
1980 ".

163. In section 30(1) of the Domestic Proceedings and Magistrates'

Courts Act 1978 for "section 11 of the Administration of Justice
Act 1964 " substitute " section 70 of the Magistrates' Courts Act
1980 ".
164. In section 32(2) of the Domestic Proceedings and Magistrates'
Courts Act 1978 for " section 52 of the Magistrates' Courts Act
1952 " substitute " section 59 of the Magistrates' Courts Act 1980 "
and for " the said section 52 " substitute " the said section 59 ".

165. In section 33 of the Domestic Proceedings and Magistrates'

Courts Act 1978 for " section 54(3) of the Magistrates' Courts Act
1952 " substitute " section 63(3) of the Magistrates' Courts Act
1980 ".

166. In section 47(2) of the Domestic Proceedings and Magistrates'

Courts Act 1978 for " section 53 of the Magistrates' Courts Act
1952 " substitute " section 60 of the Magistrates' Courts Act 1980 "
and for " section 54(2) of that Act " substitute " section 63(2) of
that Act ".
167. In section 88(1) of the Domestic Proceedings and Magistrates'
Courts Act 1978 for " section 56 of the Magistrates' Courts Act
1952 " substitute " section 65 of the Magistrates' Courts Act 1980 "
and for " section 15 of the Justices of the Peace Act 1949 " substitute
44
section 144 of the Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 121

Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25) Scx. 7
168. In section 2(6) of the Nuclear Safeguards and Electricity
(Finance) Act 1978 for " section 28 of the Criminal Law Act 1977 "
substitute "section 32 of the Magistrates' Courts Act 1980 " and for
" the provisions of the Criminal Law Act 1977 " substitute " the pro-
visions of the Magistrates' Courts Act 1980 ".
Interpretation Act 1978 (c. 30)
169. In Schedule 1 to the Interpretation Act 1978-
(a) in paragraph (a) of the definition of " committed for trial "
for " section 7 of the Magistrates' Courts Act 1952 " sub-
stitute " section 6 of the Magistrates' Courts Act 1980 " ;
(b) in paragraph (a) of the definition of " magistrates' court "
for " section 124 of the Magistrates' Courts Act 1952 " sub-
stitute " section 148 of the Magistrates' Courts Act 1980 " ;
(c) in the entry about expressions relating to offences for " sec-
tion 23 of the Criminal Law Act 1977 " substitute " section
22 of the Magistrates' Courts Act 1980 ".
Theft Act 1978 (c. 31)
170. In section 4(3)(b) of the Theft Act 1978 for " section 28 of the
Criminal Law Act 1977 " substitute " section 32 of the Magistrates'
Courts Act 1980 ".
Protection of Children Act 1978 (c. 37)
171. In section 6(3)(b) of the Protection of Children Act 1978 for
" section 28 of the Criminal Law Act 1977 " substitute " section 32
of the Magistrates' Courts Act 1980 ".
Consumer Safety Act 1978 (c. 38)
172. In section 9(4) of the Consumer Safety Act 1978, in the
definition of " the statutory maximum ", for " section 28 of the
Criminal Law Act 1977 " substitute " section 32 of the Magistrates'
Courts Act 1980 ".
173. In section 11(g) of the Consumer Safety Act 1978 for " the
Criminal Law Act 1977 " substitute " the Magistrates' Courts Act
1980 ".
Employment Protection (Consolidation) Act 1978 (c. 44)
174. In section 104(l0)(a) of the Employment Protection (Con-
solidation) Act 1978 for " section 28 of the Criminal Law Act 1977 "
substitute "section 32 of the Magistrates' Courts Act 1980 " and
for " section 61 of that Act " substitute " section 143 of that Act ".
175. In section 107(5)(a) of the Employment Protection (Con-
solidation) Act 1978 for " section 28 of the Criminal Law Act 1977 "
substitute " section 32 of the Magistrates' Courts Act 1980 " and for
" section 61 of that Act " substitute " section 143 of that Act ".
Customs and Excise Management Act 1979 (c. 2)
176. In section 147(2) of the Customs and Excise Management Act
1979 for " section 25(3) of the Criminal Law Act 1977 " substitute
64
section 25(3) of the Magistrates' Courts Act 1980 ".
122 c. 43 Magistrates' Courts Act 1980

ScH. 7 177. In section 151 of the Customs and Excise Management Act
1979 for " section 114 of the Magistrates' Courts Act 1952 "
substitute " section 139 of the Magistrates' Courts Act 1980 ".
178. In section 171(2)(a) of the Customs and Excise Management
Act 1979 for section 28 of the Criminal Law Act 1977 (£1,000 or
other sum substituted by order under section 61(1) of that Act) "
substitute " section 32 of the Magistrates' Courts Act 1980 (£1,000
or other sum substituted by order under section 143(1) of that Act) ".
Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)
179. In section 15(3)(a) of the Customs and Excise Duties (General
Reliefs) Act 1979 for "section 28 of the Criminal Law Act 1977
(£1,000 or other sum substituted by order under section 61(1) of that
Act) " substitute "section 32 of the Magistrates' Courts Act 1980
(£1,000 or other sum substituted by order under section 143(1) of
that Act) ".
Alcoholic Liquor Duties Act 1979 (c..4)
180. In section, 4(l) of the Alcoholic Liquor Duties Act 1979,
in the definition of " the prescribed sum ", for " section 28 of the
Criminal Law Act 1977 (£1,000 or other sum substituted by order
under section 61(1) of that Act) " substitute " section 32 of the
Magistrates' Courts Act 1980 (£1,000 or other sum substituted by
order under section 143(1) of that Act) ".
Hydrocarbon Oil Duties Act 1979 (c. 5)
181. In section 27(1) of the Hydrocarbon Oil Duties Act 1979,
in the definition of " the prescribed sum ", for " section 28 of the
Criminal Law Act 1977 (£1,000 or other sum substituted by order
under section 61(1) of that Act) " substitute " section 32 of the
Magistrates' Courts Act 1980 (£1,000 or other sum substituted by
order under section 143(1) of that Act) ".
Agricultural Statistics Act 1979 (c. 13)
182. In section 6(1) of the Agricultural Statistics Act 1979, in the
definition of " the prescribed sum ", for " section 28 of the Criminal
Law Act 1977 (£1,000 or other sum substituted by order under
section 61(1) of that Act) " substitute " section 32 of the Magistrates'
Courts Act 1980 (£1,000 or other sum substituted by order under
section 143(1) of that Act) ".
Credit Unions Act 1979 (c. 34)
183. In section 31(1) of the Credit Unions Act 1979, in the defini-
tion of " statutory maximum ", for " section 28 of the Criminal Law
Act 1977 " substitute " section 32 of the Magistrates' Courts Act
1980 ".
Banking Act 1979 (c. 37)
184. In section 50(1) of the Banking Act 1979, in the definition of
" statutory maximum ", for " section 28 of the Criminal Law Act
1977 " substitute " section 32 of the Magistrates' Courts Act 1980 "
and for " the provisions of the Criminal Law Act 1977 " substitute
" the provisions of the Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 123

Estate Agents Act 1979 (c. 38) SCH. 7

185. In section 33(1) of the Estate Agents Act 1979, in the
definition of "the statutory maximum ", for "section 28 of the
Criminal Law Act 1977 " substitute " section 32 of the Magistrates'
Courts Act 1980 " and for " the provisions of the Criminal Law Act
1977 " substitute " the provisions of the Magistrates' Courts Act
1980 ".

Merchant Shipping Act 1979 (c. 39)

186. In section 42(4) of the Merchant Shipping Act 1979 for
" Section 18 of the Criminal Law Act 1977 " substitute " Section
127(2) to (4) of the Magistrates' Courts Act 1980 ".

187. In section 43(5) of the Merchant Shipping Act 1979 for " sub-
section (1) of section 61 of the Criminal Law Act 1977 " substitute
" subsection (1) of section 143 of the Magistrates' Courts Act 1980 "
and for " section 28 of that Act " substitute " section 32 of that Act ".

Weights and Measures Act 1979 (c. 45)

44
188. In section 12(3) of the Weights and Measures Act 1979 for
section 28 of the Criminal Law Act 1977 " substitute " section 32 of
the Magistrates' Courts Act 1980 ".
189. In paragraph 8 of Schedule 6 to the Weights and Measures
Act 1979 for " the Criminal Law Act 1977 " substitute " the Magis-
trates' Courts Act 1980 ".

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

190. In section 61(1) of the Ancient Monuments and Archaeo-
logical Areas Act 1979, in the definition of " the statutory maximum ",
for " section 28 of the Criminal Law Act 1977 (that is to say, £1,000
or another sum fixed by order under section 61 of that Act" sub-
stitute " section 32 of the Magistrates' Courts Act 1980 (that is to say,
£1,000 or another sum fixed by order under section 143 of that
Act ".
Justices of the Peace Act 1979 (c. 55)
191. In section 16 of the Justices of the Peace Act 1979-
(a) in subsection (1) for " the Magistrates' Courts Act 1952 "
substitute " the Magistrates' Courts Act 1980 " ;
(b) in subsection (5) for " section 56 of the Magistrates' Courts
Act 1952 " substitute " section 65 of the Magistrates' Courts
Act 1980 ".
192. In section 18(4) of the Justices of the Peace Act 1979 for
" section 15 of the Justices of the Peace Act 1949 " substitute
" section 144 of the Magistrates' Courts Act 1980 ".
193. In section 27(8) of the Justices of the Peace Act 1979 for
" section 15 of the Justices of the Peace Act 1949 " substitute
46
section 144 of the Magistrates' Courts Act 1980 ".
124 c. 43 Magistrates' Courts Act 1980

Scn.7 194. In section 28(1) of the Justices of the Peace Act 1979 for
" section 15 of the Justices of the Peace Act 1949 " substitute " section
144 of the Magistrates' Courts Act 1980 ".

195. In section 29(3) of the Justices of the Peace Act 1979 for
" section 52 of the Magistrates' Courts Act 1952 " substitute " section
59 of the Magistrates' Courts Act 1980 " and for " section 53A of
that Act " substitute " section 62 of that Act ".
196. In section 30(2) of the Justices of the Peace Act 1979 for
" section 15 of the Justices of the Peace Act 1949 " substitute " section
144 of the Magistrates' Courts Act 1980 ".
197. In section 61(1) of the Justices of the Peace Act 1979 for
"
paragraphs (a) and (b) of section 114(1) of the Magistrates' Courts
Act 1952 " substitute " paragraphs (a) and (b) of section 139 of the
Magistrates' Courts Act 1980 ".
Isle of Man Act 1979 (c.58)
198. In section 5 of the Isle of Man Act 1979-
(a) in subsection (2)(a) for " section 77 of the
Magistrates' Courts
Act 1952 " substitute " section 97 of the Magistrates'
Courts Act 1980 " ;
(b) in subsection (3)(a) for " sections 2 and 9 of the Criminal
Justice Act 1967 " substitute " section 9 of the Criminal
Justice Act 1967 and section 102 of the Magistrates' Courts
Act 1980 " and for " section 2 " substitute " section 102 ".
Child Care Act 1980 (c.5)
199. In section 48(1) of the Child Care Act 1980 for " section 53
of the Magistrates' Courts Act 1952 " substitute " section 60 of the
Magistrates' Courts Act 1980 ".

200. In section 49(4)(a) of the Child Care Act 1980 for " section 53
of the Magistrates' Courts Act 1952 " substitute " section 60 of the
Magistrates' Courts Act 1980 ".

Foster Children Act 1980 (c.6)

201. In section 16(4) of the Foster Children Act 1980 for " section
104 of the Magistrates' Courts Act 1952 " substitute " section 127(1)
of the Magistrates' Courts Act 1980 ".
Residential Homes Act 1980 (c. 7)
202. In section 4(2) of the Residential Homes Act 1980 for " the
Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts
Act 1980 ".
Reserve Forces Act 1980 (c. 9)
203. In section 144(2)(a) of the Reserve Forces Act 1980 for " sec-
tion 28 of the Criminal Law Act 1977 " substitute " section 32 of the
Magistrates' Courts Act 1980 ".
 Magistrates' Courts Act 1980 c. 43 125

204. In paragraph 2(4) of Schedule 5 to the Reserve Forces Act Scu. 7

1980 for " the Magistrates' Courts Act 1952 " substitute " the Magis-
trates' Courts Act 1980 ".
Protection of Trading Interests Act 1980 (c. 11)
205. In section 3(5) of the Protection of Trading Interests Act 1980
for " section 28 of the Criminal Law Act 1977 " substitute " section
32 of the Magistrates' Courts Act 1980 " and for " the said Act of
1977 " substitute " the said Act of 1980 ".
Competition Act 1980 (c. 21)
206. In section 19(7) of the Competition Act 1980 for " section 28
of the Criminal Law Act 1977 " substitute " section 32 of the Magis-
trates' Courts Act 1980 " and for " the provisions of the Criminal
Law Act 1977 " substitute " the provisions of the Magistrates' Courts
Act 1980 ".
Companies Act 1980 (c.22)
207. In section 87(1) of the Companies Act 1980, in the definition
of " the statutory maximum ", for " section 28 of the Criminal Law
Act 1977 " substitute " section 32 of the Magistrates' Courts Act
1980 " and for " section 61 of that Act " substitute " section 143 of
that Act.".

SCHEDULE 8 Section 154.

TRANSITIONAL PROVISIONS AND SAVINGS

Interpretation
1. In this Schedule references to the old enactments are to
enactments repealed or amended by this Act and references to the
appointed day are to the day on which this Act comes into force.
Proceedings commenced before appointed day
2.-(l) Where proceedings were commenced before the appointed
day, the old enactments relating to the proceedings continue to
apply and nothing in this Act affects those enactments.
(2) Without prejudice to the generality of sub-paragraph (1) above,
the old enactments relating to proceedings which continue in force
by virtue of it include any provision of those enactments which
creates an offence, which relates to civil or criminal procedure,
which relates to the punishment for an offence, or which relates to
enforcing, appealing against, questioning, varying or rescinding
anything ordered or done in the proceedings.
Offences committed before appointed day
3.-(1) This paragraph applies where proceedings are commenced
under this Act in relation to an offence committed before the
appointed day.
(2) Nothing in this Act renders a person liable to punishment by
way of fine or imprisonment for the offence which differs from the
punishment to which he would have been liable if this Act had
not been passed and proceedings for the offence had been commenced
under the old enactments.
126 c. 43 Magistrates' Courts Act 1980

Scx. 8 (3) Nothing in this Act renders a person liable to pay compensation
under a compensation order in respect of the offence which differs
from the compensation he would have been liable to pay if this
Act had not been passed and proceedings for the offence had
been commenced under the old enactments.
(4) The provisions of this Act corresponding to the old enactments
relating to punishment and compensation are to be construed
accordingly.
Other matters : general
4. Paragraphs 5 and 6 below have effect subject to paragraphs
2 and 3 above.

5. Without prejudice to any express amendment made by this

Act, a reference in an enactment or other document, whether express
or implied, to an enactment repealed by this Act shall, unless the
context otherwise requires, be construed as, or as including, a
reference to this Act or to the corresponding provision of this Act.
6. Where a period of time specified in an enactment repealed
by this Act is; current at the commencement of this Act, this Act
shall have effect as if the corresponding provision of it had been
in force when that period began to run.
Saving for transitionals in orders
7.-(1) This paragraph applies where any provision of an old
enactment-
(a) was brought into force by order which made transitional
provision in connection with the provision brought into
force, or
(b) fell to be brought into force by order which could have
made transitional provision in connection with the provision
brought into force, if this Act had not been passed.
(2) In that case, an order under section 155(7) of this Act may
make corresponding transitional provision in connection with any
provision of this Act corresponding to that of the old enactment.
Savings of amendments
1952 c. 55. 8. Notwithstanding the repeal by this Act of the Magistrates'
Courts Act 1952, the amendments made in other enactments (" the
amended enactments ") by that Act shall, to the extent that they
had effect immediately before the coming into force of this Act,
continue to have effect subject to any amendment of any of the
amended enactments by this Act.
Savings for Local Government Act 1972
9. The provisions of this Act shall have effect without prejudice
1972 c. 70. to the exercise of any power conferred by section 67 of the Local
Government Act 1972 (consequential and transitional arrangements
relating to Part IV), section 252 of that Act (general power to
adapt Acts and instruments) or section 254 of that Act (consequential
 Magistrates' Courts Act 1980 c. 43 127

and supplementary provision) ; and any such power which, if this Sca. 8
Act had not been passed, would have been exercisable in relation
to an enactment repealed by this Act shall be exercisable in the
like manner and to the like extent in relation to the corresponding
provision (if any) of this Act.

Scottish saving
10.-(1) This paragraph applies to Schedule 7B to the Criminal
Procedure (Scotland) Act 1975, which was inserted by paragraph 12 1975 c. 21.
of Schedule 11 to the Criminal Law Act 1977 and takes the same 1977 c. 45.
form as Schedule 5 to that Act (subject to certain modifications
specified in that paragraph).
(2) Schedule 7B is not affected by-
(a) the repeal by Schedule 9 to this Act of paragraph 1(2)(a)
and (b) of Schedule 5 ;
(b) the amendments made to paragraph 1 of Schedule 5 by
Schedule 7 to this Act.
128 c. 43 Magistrates' Courts Act 1980

Section 154. SCHEDULE 9

REPEALS

Chapter Short title Extent of repeal

12, 13 & 14 Justices of the Peace Act Section 15(1), (2), (3), (7), (8)
Geo. 6. 1949. and (9).
c. 101.
15 & 16 Geo. 6 Magistrates' Courts Act The whole Act.
& 1 Eliz. 2. 1952.
c. 55.
5 & 6 Eliz. 2. Magistrates' Courts Act The whole Act.
c. 29. 1957.
6 & 7 Eliz. 2. Maintenance Orders Act Section 16.
c. 39. 1958. Section 20(6).
7 & 8 Eliz. 2. Mental Health Act 1959. In Schedule 7, in Part I, the
c. 72. entry relating to the Magis-
trates' Courts Act 1952.
7 & 8 Eliz. 2. Legitimacy Act 1959. Section 5(2).
c. 73.
9 & 10 Eliz. 2. Criminal Justice Act 1961. In section 1(5) the words " and
c. 39. subsections (2) and (3) of
section twenty-eight of the
Magistrates' Courts Act
1952 ".
Section 8(3).
In section 41(4), the words
" section twenty-eight of the
Magistrates' Courts Act
1952 ".
In Schedule 4, the entries
relating to sections 28 and 126
of the Magistrates' Courts Act
1952.
In Schedule 6, the text of the
Magistrates' Courts Act 1952,
section 28.
1963 c. 37. Children and Young Per- Section 27.
sons Act 1963.
1964 c. 42. Administration of Justice Section 11.
Act 1964. In Schedule 3, paragraphs 20(2)
and 22(3) and (5).
1965 c. 69. Criminal Procedure In Schedule 2, in Part I, the
(Attendance of Wit- entry relating to the Magis-
nesses) Act 1965. trates' Courts Act 1952.
1967 c. 80. Criminal Justice Act 1967. Sections 1 to 6.
Section 19.
In section 20, the words " or
section 28 or 29 of the
Magistrates' Courts Act 1952
(committal for sentence) ".
Section 24.
Section 26.
Sections 28 to 30.
In section 33, the words from
the beginning to " that section
and ".
 Magistrates' Courts Act 1980 c. 43 129

Chapter Scn. 9
Short title Extent of repeal
1967 c. 80- Criminal Justice Act 1967 In section 36(1), the definitions
cont. -cont. of "broadcast" and " pub-
lish ".
Sections 44, 44A and 45.
In section 50, the words from
the beginning to " Part of that
Act ".
Section 56(4).
In section 89(1), the words
"2 or
In section 90(1) the words " an
order under section 44(8) or ".
Section 94.
In section 106(2)(b), the figure
" 3 ,,
In Schedule 6, paragraphs 9 to
13 and 17 to 20.
1968 c. 69. Justices of the Peace Act In Schedule 3, paragraph 8.
1968.
1969 c. 54. Children and Young Per- Section 6.
sons Act 1969. Section 10(3).
Section 61.
In Schedule 4, paragraph 4.
1970 c. 31. Administration of Justice Section 12.
Act 1970. In section 28(1), the definitions
of "the Act of 1952 " and
" magistrates' court mainten-
ance order ".
Section 30(1) and (2) as respects
section 12.
Section 41(6).
Section 42.
Section 50.
In section 51, subsection (1),
and in subsection (3) the
definition of "the Act of
1952 ".
1971 c. 23. Courts Act 1971. Section 7(1).
In Schedule 8, paragraph 34,
in paragraph 48(b) in the
words " 56(4)(6) " the word
" (4) ", and paragraph 52.
In Schedule 9, in Part I, the
entry relating to the Magis-
trates' Courts Act 1952.
1972 c. 18. Maintenance Orders (Re- Section 22(2)(b).
ciprocal Enforcement)
Act 1972.
1972 c. 70. Local Government Act In Schedule 27, paragraph 16.
1972.
1972 c. 71. Criminal Justice Act 1972. Section 41.
Sections 44 and 45.
Section 50.
In Schedule 5, the entries
relating to the Magistrates'
Courts Act 1952 and the
entry relating to section 6(1)
of the Children and Young
Persons Act 1969.
130 c. 43 Magistrates' Courts Act 1980

SCH. 9
Chapter Short title Extent of repeal

1973 c. 14. Costs in Criminal Cases In Schedule 1, paragraph 1.

Act 1973.
1973 c. 29. Guardianship Act 1973. Section 9(2)(b).
1973 c. 38. Social Security Act 1973. In Schedule 27, in paragraph
85, the words " and 12(2)(b) "
and " (in each place) ".
1973 c. 62. Powers of Criminal Section 35(5).
Courts Act 1973. In Schedule 5, paragraphs 4, 5,
7, 16 and 34.
1974 c. 4. Legal Aid Act 1974. In Schedule 4, paragraph 3.
1975 c. 21. Criminal Procedure (Scot- Section 326(2).
land) Act 1975. In section 463(1)(b), the words
" 326(2) ".
1976 c. 63. Bail Act 1976. In Schedule 2, paragraphs 14
to 29 and 35.
1977 c. 45. Criminal Law Act 1977. Section 14.
In section 15, in subsection (1),
paragraph (b) and the word
" and " immediately preced-
ing it, and, in subsection (3),
paragraph (a).
Section 16.
Sections 18 to 27.
In section 28, subsections (1)
to (7) and in subsection (8)
the words from "and sub-
section (2) above " to the end.
Section 29.
Section 30(4).
Section 32(2).
Sections 34 and 35.
In section 36, subsections (2)
to (8) and in subsection (9)
the definitions of " guardian "
and " the statutory restric-
tions upon the imprisonment
of young offenders ".
Sections 41 and 42.
Section 45.
In section 58, subsections (1),
(4) and (6).
Sections 59 to 61.
In section 63(2), in the entry
relating to section 65(4) and
Schedule 12 so far as they
relate to the Criminal Justice
Act 1967, the words " 3 and ".
In section 65(10)(e) the words
from "and the provisions "
to "all such places (except
Scotland) ".
Schedule 2.
Schedule 3.
Schedule 4.
In Schedule 5, paragraph 1(2)(a)
and (b).
In Schedule 7, paragraph 1.
Schedule 8.
 Magistrates' Courts Act 1980 c. 43 131

ScB. 9
Chapter Short title Extent of repeal
1977 c. 45- Criminal Law Act 1977 In Schedule 12, the entries
cont. -cont. relating to the Magistrates'
Courts Act 1952, the entries
relating to sections 3, 24,
44(5) and 44A of the Criminal
Justice Act 1967, and para-
graphs 2 and 3 of the entries
relating to the Criminal
Justice Act 1972.
In Schedule 14, paragraph 2, in
paragraph 3(1) the words " or
2 ", paragraph 4, and in para-
graph 5 the words "(other
than section 29 or any pro-
vision mentioned in para-
graph 4 above) ".
1978 c. 22. Domestic Proceedings and Sections 75 to 85.
Magistrates' Courts Act In Schedule 1, in paragraph 5
1978. the words "or in any of
sections 79 to 82 ", paragraph
6 and paragraph 7.
In Schedule 2, paragraphs 15
and 21.
1978 c. 37. Protection of Children Section 2(2).
Act 1978.
1979 c. 55. Justices of the Peace Act In Schedule 2, paragraphs 7 to
1979. 9 and paragraph 14.
1980 c. 5. Child Care Act 1980. In Schedule 5, paragraph 5.
1980 c. 11. Protection of Trading In- In section 8(5), the words from
terests Act 1980. " together with " to the end.

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