Magistrates’ Courts Act 1980
Magistrates’ Courts Act 1980
CHAPTER 43
ARRANGEMENT OF SECTIONS
Part I Criminal Jurisdiction and Procedure | |
Section | |
Jurisdiction to issue process and deal with charges | |
1. | Issue of summons to accused or warrant for his arrest. |
2. | Jurisdiction to deal with charges. |
3. | Offences committed on boundaries, etc. |
Committal proceedings | |
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. |
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 proceedings, and vice versa. |
26. | Power to issue summons to accused in certain circumstances. |
27. | Effect of dismissal of information for offence triable either way. |
28. | Using in summary trial evidence given in committal proceedings. |
Power to remit person under 17 for trial to juvenile court | |
29. | Power of magistrates’ court to remit a person under 17 for trial to a 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. |
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 payment. |
61. | Periodical payments payable by one person under more than one order. |
Payments to children | |
62. | Provisions as to payments required to be made to a child, etc. |
Orders other than for payment of money | |
63. | Orders other than for payment of money. |
Costs | |
63. | Power to award costs and enforcement of costs. |
Domestic proceedings | |
65. | Meaning of domestic proceedings. |
66. | Composition of magistrates’ courts for domestic proceedings: 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. |
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 magistrates’ court. |
Supplemental provisions as to appeal and case stated | |
113. | Bail on appeal or case stated. |
114. | Recognizances and fees on case stated. |
Part VI Recognizances | |
Recognizances to keep the peace or be of good behaviour | |
115. | Binding over to keep the peace or be of good behaviour. |
116. | Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety. |
Other provisions | |
117. | Warrant endorsed for bail. |
118. | Varying or dispensing with requirement as to sureties. |
119. | Postponement of taking recognizance. |
120. | Forfeiture of recognizance. |
Part VII Miscellaneous and Supplementary | |
Constitution and place of sitting of magistrates’ courts | |
121. | Constitution and place of sitting of court. |
Appearance by counsel or solicitor | |
122. | Appearance by counsel or solicitor. |
Process | |
123. | Defect in process. |
124. | Process valid notwithstanding death, etc., of justice. |
125. | Warrants. |
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. |
Restrictions on imprisonment | |
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. |
Miscellaneous | |
151. | Application of Act to distress for rates. |
152. | Saving for juvenile courts. |
153. | Magistrates’ court may sit on Sundays and public holidays. |
Repeals, short title, etc. | |
154. | Consequential amendments, transitional provisions, repeals, etc. |
155. | Short title, extent and commencement. |
Schedules: | |
Schedule 1—Offences triable either way by virtue of section 17. | |
Schedule 2—Offences for which the value involved is relevant to the mode of trial. | |
Schedule 3—Corporations. | |
Schedule 4—Maximum periods of imprisonment in default of payment. | |
Schedule 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. |
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