Page:Magistrates’ Courts Act 1980.pdf/93

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Magistrates’ Courts Act 1980
c. 4385

Part VII

(2) Where any Act expressly confers jurisdiction on any magistrates’ court to hear a complaint, rules made under subsection (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which rules may be made under section 144 above, shall have effect subject to any rules so made and may be amended or repealed by the rules accordingly; but nothing in the said section shall authorise the rules to reduce the number of justices required for any purpose by any Act.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 1949 c. 101.Justices of the 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 which previously had effect under the enactments repealed by Part II of Schedule 7 to that Act) shall have effect as if contained in rules made under section 144 above.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

Rules relating to juvenile court panels and composition of juvenile courts. 146.—(1) Without prejudice to the generality of the power to make rules under section 144 above relating to the procedure and practice to be followed by magistrates’ courts, provision may be made by such rules with respect to any of the following matters, namely,—

(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.