Courts Act 1971

Part I — Introductory

The Supreme Court

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Location of sittings and business of High Court

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Abolition of courts of quarter sessions

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Part II — The Crown Court

Establishment of the Crown Court

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Justices as judges of the Crown Court

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Trial on indictment

Exclusive jurisdiction in trial on indictment

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Committal for trial on indictment

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Other jurisdiction

Transfer to Crown Court of quarter sessions jurisdiction

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Appeals to Crown Court

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High Court jurisdiction in Crown Court proceedings

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Trial on indictment and other jurisdiction

Sentences imposed and other decisions made by Crown Court

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Right of audience

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Process to compel appearance before Crown Court

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• (1) Any direction to appear and any condition of a recognizance to appear before the Crown Court, and any summons or order to appear before the Crown Court, may be framed so as to require appearance at such time and place as may be directed by the Crown Court, and if a time or place is specified in the direction condition, summons or order, it may be varied by any subsequent direction of the Crown Court.

• (2) Where an indictment has been signed although the person charged has not been committed for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court, or may issue a warrant for his arrest.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Crown Court may grant bail to any person—

• (a) who has been committed in custody for appearance before the Crown Court, or

• (b) who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the Crown Court against his conviction or sentence, or

• (c) who is in the custody of the Crown Court pending the disposal of his case by the Crown Court, or

• (d) who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

• (e) who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application,

and the time during which a person is released on bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.

• (5) Provision may be made by Crown Court rules as respects the powers of the Crown Court relating to bail, including any provision—

• (a) except in the case of bail in criminal proceedings, allowing the court, instead of requiring a person to enter into a recognizance to consent to his giving other security,

• (b) allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules,

• (c) prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced,

• (d) authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers,

• (e) making provision corresponding to sections 94 and 95 of the Magistrates’ Courts Act 1952 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances).

Any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of paragraph (a) above or otherwise.

• (6) The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—

• (a) the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station, and

• (b) the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement.

Provided that in the case of bail in criminal proceedings, the person arrested shall not be required to enter into a recognizance.

• (7) A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or a magistrates’ court, and if he is brought before a magistrates’ court—

• (a) the court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court,

• (b) if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so.

• (8) Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to process issued under this section as it applies to process issued under the Magistrates’ Courts Act 1952 by a magistrates’ court.

• (9) A magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of this section whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed.

(10) In this section “bail in criminal proceedings” has the same meaning as in the Bail Act 1976.

Practice and procedure: power to make rules

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Crown Court rules

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Part III — Judges

Appointment of Circuit judges

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• (1) Her Majesty may from time to time appoint as Circuit judges, to serve in the Crown Court and county courts and to carry out such other judicial functions as may be conferred on them under this or any other enactment, such qualified persons as may be recommended to Her by the Lord Chancellor.

• (2) The maximum number of Circuit judges shall be such as may be determined from time to time by the Lord Chancellor with the concurrence of the Minister for the Civil Service.

• (3) No person shall be qualified to be appointed a Circuit judge unless—

• (a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;

• (b) he is a Recorder; or

• (c) he has held as a full-time appointment for at least 3 years one of the offices listed in Part IA of Schedule 2.

• (4) Before recommending any person to Her Majesty for appointment as a Circuit judge, the Lord Chancellor shall take steps to satisfy himself that that person’s health is satisfactory.

• (5) The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the appointment as Circuit judges of the holders of certain judicial offices, and the supplementary provisions in Part II of that Schedule shall have effect.

Retirement, removal and disqualifications of Circuit judges

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• (1) Subject to subsection (4) below ... a Circuit judge shall vacate his office on the day on which he attains the age of 75.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Lord Chancellor may, if he thinks fit and if the Lord Chief Justice agrees, remove a Circuit judge from office on the ground of incapacity or misbehaviour.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaries and allowances of Circuit judges

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• (1) Subject to Part II of Schedule 2 to this Act, there shall be paid to each Circuit judge such salary as may be determined by the Lord Chancellor with the consent of the Minister for the Civil Service.

• (2) Every salary payable under this section—

• (a) shall be charged on and paid out of the Consolidated Fund;

• (b) shall begin from the date of appointment and accrue due from day to day;

• (c) shall be payable at such intervals, not exceeding three months, as the Treasury may determine; and

• (d) may be increased, but not reduced, by a further determination under this section.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (a) became a Circuit judge by virtue of having held any of the offices specified in paragraph 1 of Schedule 2 to this Act, and

• (b) held that office before 10th May 1967 (that is to say before the passing of the Superannuation (Miscellaneous Provisions) Act 1967).

• (5) There shall be paid to Circuit judges out of money provided by Parliament such allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

Pensions of Circuit judges

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The decision of the Minister for the Civil Service shall be final on any question arising with regard to—

• (a) the application of any of the provisions of this section to any person, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judges of county courts

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• (1) Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the Lord Chancellor shall assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.

• (2) Subject to any directions given by or on behalf of the Lord Chancellor, in any case where more than one Circuit judge is assigned to a district under subsection (1) above, any function conferred by or under the County Courts Act 1959 on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.

• (3) The following, that is—

• every judge of the Court of Appeal,

• every judge of the High Court,

• every Recorder,

shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and if he consents to do so, shall sit as such a judge at such times and on such occasions as the Lord Chancellor considers desirable.

• (4) Notwithstanding that he is not for the time being assigned to a particular district, a Circuit judge—

• (a) shall sit as a judge of that district at such times and on such occasions as the Lord Chancellor may direct; and

• (b) may sit as a judge of that district in any case where it appears to him that the judge of that district is not, or none of the judges of that district is, available to deal with the case.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Nothing in this Act shall affect the operation, in relation to the superannuation and other benefits payable to or in respect of persons who ceased to be judges of county courts before the day appointed for the coming into force of section 16(5) of this Act, of any enactment repealed or amended by this Act.

Appointment of Recorders

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• (1) Her Majesty may from time to time appoint qualified persons, to be known as Recorders, to act as part-time judges of the Crown Court and to carry out such other judicial functions as may be conferred on them under this or any other enactment.

• (2) Every appointment of a person to be a Recorder shall be of a person recommended to Her Majesty by the Lord Chancellor, and no person shall be qualified to be appointed a Recorder unless he satisfies the judicial-appointment eligibility condition on a 7-year basis.

• (3) The appointment of a person as a Recorder shall specify the following—

• (a) the term for which he is appointed;

• (b) the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;

• (c) the circumstances in which the Lord Chancellor may—

• (i) decline to extend the term of the appointment, or

• (ii) terminate the appointment,

(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).

• (4) Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.

• (4A) Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.

• (4B) The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension.

• (4C) The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds—

• (a) the incapacity or misbehaviour of the Recorder;

• (b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

• (c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

• (5) Neither the initial term for which a Recorder is appointed nor any extension of that term under subsection (4) above shall be such as to continue his appointment as a Recorder after the day on which he attains the age of 75.

• (6) The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—

• (a) the incapacity or misbehaviour of the Recorder;

• (b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

• (c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

• (7) There shall be paid to Recorders out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

Oaths to be taken by Circuit judges and Recorders

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• (1) Subject to the following provisions of this section, every Circuit judge and every Recorder shall take the oath of allegiance and the judicial oath; and the Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included Circuit judges and Recorders.

• (2) Notwithstanding anything in the Promissory Oaths Act 1871, a Circuit judge shall take the oaths referred to in subsection (1) above before the Lord Chief Justice, and a Recorder shall take those oaths before a judge of the Court of Appeal or of the High Court or a Circuit judge.

• (3) Nothing in this section shall require an oath to be taken by a person who becomes a Circuit judge in accordance with any provision of Part I of Schedule 2 to this Act.

• (3A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

Circuit judge or Recorder sitting as High Court judge

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• (1) If requested to do so by or on behalf of the Lord Chancellor, a Circuit judge or Recorder shall sit as a judge of the High Court for the hearing of such case or cases or at such place and for such time as may be specified by or on behalf of the Lord Chancellor.

• (2) So long as a Circuit judge or Recorder sits as a judge of the High Court in pursuance of a request under this section he shall be treated, subject to subsection (3) below, for all purposes as, and accordingly may perform any of the functions of, a puisne judge of the High Court.

• (3) A Circuit judge or Recorder sitting as a judge of the High Court in pursuance of a request under this section shall not be treated as a judge of the High Court for the purpose of any provision made by or under any enactment and relating to—

• (a) the appointment, retirement, removal or disqualification of judges of the High Court,

• (b) the tenure of office and oaths to be taken by such judges, or

• (c) the remuneration, allowances or pensions of such judges.

• (4) Where a Circuit judge or Recorder is requested to sit as a judge of the High Court for a period of time then, notwithstanding the expiry of that time, he may attend at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a judge of that court, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a judge of the High Court.

Deputy High Court and Circuit judges

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• (1) If it appears to him that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or county court or any other court or tribunal to which a person appointed under this subsection may be deployed or official referees’ business in the High Court, ...—

• (a) the Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint to be a deputy Circuit judge, during such period or on such occasions as the Lord Chancellor thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) No appointment of a person under subsection (1) above shall be such as to, or be extended under subsection (5B) below so as to, extend—

• (a) ... beyond the day on which he attains the age of seventy-five ...

• (2) Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge ... is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge ....

• (3) A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths, to be taken by such judges, or the remuneration, allowances or pensions of such judges ....

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) There shall be paid out of money provided by Parliament to deputy Circuit judges ... appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

• (5A) A person may be removed from office as a deputy Circuit judge—

• (a) only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

• (b) only on—

• (i) the ground of inability or misbehaviour, or

• (ii) a ground specified in the person's terms of appointment.

• (5B) Subject to subsections (1A) and (5C), the Lord Chancellor must extend the period of a person's appointment as a deputy Circuit judge (including a period already extended under this subsection) before its expiry; and for this purpose a person appointed to be a deputy Circuit judge on certain occasions is to be treated as having been appointed for a period that expires when the occasions end.

• (5C) Extension under subsection (5B)—

• (a) requires the person's agreement,

• (b) is to be for such period as the Lord Chancellor thinks fit, and

• (c) may be refused on—

• (i) the ground of inability or misbehaviour, or

• (ii) a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

• (5D) Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy Circuit judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

• (6) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a) or (5A)(a).

Official referees' business

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• (1) After the appointed day no person shall be appointed to the office of official referee and on and after that day functions conferred on official referees by provisions of rules of the Supreme Court, or by any other provision, shall be discharged in accordance with the provisions of this section.

• (2) Such of the Circuit judges as the Lord Chancellor may from time to time determine shall discharge the said functions conferred on official referees.

• (3) The cases in which jurisdiction or powers of the High Court or a judge of the High Court may be exercised by official referees, whether by virtue of rules of court made under section 15 of the Administration of Justice Act 1956 or otherwise, shall be known as “official referees’ business”, and except where the context otherwise requires, any reference in any enactment, in rules of court or in any other document to an official referee shall, in accordance with this section, be construed as, or where the context requires as including, a reference to a Circuit judge discharging the functions of an official referee.

• (4) Subject to rules of court, the distribution of official referees’ business, performed in accordance with this section, shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.

Part IV — Officers and Accommodation

Masters and registrars to be appointed by Lord Chancellor

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• (1) On and after the appointed day the following officers shall be appointed by the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and salaries,—

• (a) the masters, assistant masters and registrars specified in Part I of Schedule 3 to the Judicature Act 1925, other than the Master of the Court of Protection (for whose appointment by the Lord Chancellor provision is made by section 100 of the Mental Health Act 1959);

• (b) the Queen’s coroner and attorney and master of the Crown Office;

• (c) the registrar, assistant registrars and deputy assistant registrars of criminal appeals;

• (d) the admiralty registrar;

• (e) chancery registrars and assistant chancery registrars; and

• (f) district probate registrars.

• (2) The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office shall, by virtue of his appointment, be a master of the Supreme Court (Queen’s Bench Division).

• (3) In section 122 of the Judicature Act 1925 (which relates to certain additional duties of the senior master of the Queen’s Bench Division) for the words “The senior master” there shall be subtituted the words “The Lord Chancellor shall appoint one of the masters” and after the word “Division)”there shall be inserted the words “to be the senior master and the person so appointed”.

• (4) In section 128A of the Judicature Act 1925 (which relates to the office of district probate registrar) for any reference in subsection (2) or subsection (3) to the President of the family dvision thre shall be substituted a reference to the Lord Chancellor.

Administrative and other court staff

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Provision of accommodation

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Accommodation in City of London

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• (1) The courthouse and accommodation which up to the appointed day have been respectively known as the Central Criminal Court and the Mayor’s and City of London Court shall continue to be known by those names, and it shall be the duty of the Common Council of the City of London (in this section referred to as “the Common Council”) to continue to make the said premises available for use for the sittings and business of those courts respectively.

• (2) The Common Council shall not undertake any alteration or extension of the buildings or accommodation which they are to make available for the purpose of the said courts, or provide further accommodation for that purpose, without the consent of the Secretary of State.

• (3) The duties imposed by this section on the Common Council may at any time be varied, restricted or terminated by agreement between the Secretary of State and the Common Council.

Advisory committees

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The Secretary of State may constitute, on a permanent or temporary basis, one or more advisory committees to advise him on such questions relating to the Senior Courts and the county court as he may from time to time refer to them, and shall appoint the members of any such committee with regard to their knowledge of the work of the courts and social conditions.

Part V

Summoning of jurors

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Panels of jurors

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• (1) The arrangements to be made by the Lord Chancellor under this Part of this Act shall include the preparation of lists (called panels) of persons summoned as jurors, and the information to be included in panels, the court sittings for which they are prepared, their division into parts or sets (whether according to the day of first attendance or otherwise), their enlargement or amendment, and all other matters relating to the contents and form of the panels shall be such as the Lord Chancellor may from time to time direct.

• (2) A party to proceedings in which jurors are or may be called on to try an issue, and any person acting on behalf of a party to such proceedings, shall be entitled to reasonable facilities for inspecting the panel from which the jurors are or will be drawn.

• (3) The right conferred by subsection (2) above shall not be exercisable after the close of the trial by jury (or after the time when it is no longer possible for there to be a trial by jury).

• (4) The court may, if it thinks fit, at any time afford to any person facilities for inspecting the panel, although not given the right by subsection (2) above.

Summoning in exceptional circumstances

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• (1) If it appears to the court that a jury to try any issue before the court will be, or probably will be, incomplete, the court may, if the court thinks fit, require any persons who are in, or in the vicinity of, the court, and who have the qualifications required by the Juries Act 1825, or who appear to the court, although not so qualified, to be responsible and suitable persons, to be summoned (without any written notice) up to such number as is needed (after allowing for refusals and challenges) to make up a full jury.

• (2) The names of the persons so summoned shall be added to the panel, and challenges may be made accordingly, and the court shall proceed as if those so summoned had been included in the panel in the first instance.

• (3) Notwithstanding section 8(2)(b) of the Juries Act 1922, a person shall be liable to serve as a juror in pursuance of a summons under this section even though his name is not included in the register of electors.

Attendance and service, and excusals

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• (1) Subject to the provisions of this Part of this Act, a person summoned under this Part of this Act shall attend for so many days as may be directed by the summons or by the appropriate officer, and shall be liable to serve on any jury (in the Crown Court or the High Court or any county court) at the place to which he is summoned, or in the vicinity.

• (2) If any person summoned under this Part of this Act shows to the satisfaction of the appropriate officer that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer may, notwithstanding anything in the Juries Act 1825 or any other Act, excuse that person from so attending.

• (3) Crown Court rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to excuse him under subsection (2) above.

• (4) Without prejudice to the preceding provisions of this section, the court (or any of the courts) before whom a person is summoned to attend under this Part of this Act may excuse that person from so attending.

The ballot, and swearing of jurors

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• (1) The jury to try an issue before a court shall be selected by ballot in open court from the panel, or part of the panel, of jurors summoned to attend at the time and place in question, and any challenge shall be made after the juror's name has been drawn by ballot, and before he is sworn.

• (2) The power of summoning jurors under section 33 of this Act may be exercised after balloting has begun, as well as earlier, and if exercised after balloting has begun the court may dispense with balloting for persons summoned under that section.

• (3) No two or more members of a jury to try an issue in a court shall be sworn together, and section 35(3) of the Criminal Justice Act 1948 shall cease to have effect.

• (4) Subject to subsection (5) below, the jury selected by any one ballot shall try only one issue (but any juror shall be liable to be selected on more than one ballot).

• (5) Subsection (4) above shall not prevent—

• (a) the trial of two or more issues by the same jury if the trial of the second or last issue begins within 24 hours from the time when the jury is constituted, or

• (b) in a criminal case, the trial of fitness to plead by the same jury as that by whom the accused is being tried, if that is so directed by the court under section 4(4)(b) of the Criminal Procedure (Insanity) Act 1964, or

• (c) in a criminal case beginning with a special plea, the trial of the accused on the general issue by the jury trying the special plea.

• (6) In the cases within subsection (5)(a), (b) and (c) above the court may, on the trial of the second or any subsequent issue, instead of proceeding with the same entire jury, order any juror to withdraw, if the court considers he could be justly challenged or excused, or if the parties to the proceedings consent, and the juror to replace him shall, subject to subsection (2) above, be selected by ballot in open court.

• (7) Proviso (b) to section 1 of the Sex Disqualification (Removal) Act 1919 (under which a judge may order that a jury be composed of men only or of women only) shall cease to have effect.

Payments in respect of jury service

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• (1) All payments under section 1 of the Juries Act 1949 (payments in respect of jury service) shall be made out of money provided by Parliament.

• (2) In section 1(4) of the said Act (regulations of the Secretary of State prescribing scales of payment, and conditions of payment) for both references to the Secretary of State there shall be substituted references to the Lord Chancellor.

• (3) The determination of the amounts payable to persons under the said section 1, and the manner of making those payments, shall be in accordance with arrangements made by the Lord Chancellor.

• (4) Subsection (1) and subsection (3) above and the said section 1(4) of the Act of 1949 shall not apply to payments in respect of service at a coroner's court, and—

• (a) in the said section 1 as it applies to such service " prescribed", shall mean prescribed by regulations made by statutory instrument by the Secretary of State with the consent of the Treasury, and

• (b) the amount due to any person in respect of such service shall be ascertained and paid over to him by the coroner.

• (5) Nothing in this section shall affect the validity of any regulations made before the appointed day.

Exemption for previous jury service

37

• (1) If a person summoned under this Part of this Act shows to the satisfaction of the appropriate officer, or of the court (or any of the courts) to which he is summoned—

• (a) that he has served on a jury, or duly attended to serve on a jury, in the prescribed period ending with the service of the summons on him, or

• (b) that the Crown Court or any other court has excused him from jury service for a period which has not terminated,

the officer or court shall excuse him from attending, or further attending, in pursuance of the summons.

• (2) In subsection (1) above " the prescribed period " means two years or such longer period as the Lord Chancellor may from time to time prescribe by order in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Records of persons summoned under this Part of this Act, and of persons included in panels, shall be kept in such manner as the Lord Chancellor may direct, and the Lord Chancellor may, if he thinks fit, make arrangements for allowing inspection of the records so kept by members of the public in such circumstances and subject to such conditions as he may prescribe.

• (4) A person duly attending in compliance with a summons under this Part of this Act shall be entitled on application to the appropriate officer to a certificate recording that he has so attended.

• (5) In subsection (1) above the words " served on a jury " refer to service, whether before the appointed day or later, on a jury in any court, including any court of assize or other court abolished by this Act, but excluding service on a jury in a coroner's court.

Offences

38

• (1) Subject to the provisions of this section—

• (a) if a person duly summoned under this Part of this Act fails to attend (on the first or on any subsequent day on which he is required to attend by the summons or by the appropriate officer) in compliance with the summons, or

• (b) if a person, after attending in pursuance of a summons, is not available when called on to serve as a juror, or is unfit for service by reason of drink or drugs,

he shall be liable to a fine not exceeding £100.

• (2) An offence under subsection (1) above shall be punishable either on summary conviction or as if it were criminal contempt of court committed in the face of the court.

• (3) Subsection (1)(a) above shall not apply to a person summoned, otherwise than under section 33 of this Act, unless the summons was duly served on him on a date not later than fourteen days before the date fixed by the summons for his first attendance.

• (4) A person shall not be liable to be punished under this section if he can show some reasonable cause for his failure to comply with the summons, or for not being available when called on to serve, and this section has effect subject to the provisions of this Part of this Act about the withdrawal or alteration of a summons, and about the granting of any excusal or exemption.

Civil proceedings: majority verdicts

39

• (1) Subject to subsection (3) below, the verdict of a jury in proceedings in the High Court need not be unanimous if—

• (a) in a case where there are not less than 11 jurors, 10 of them agree on the verdict, and

• (b) in a case where there are 10 jurors, 9 of them agree on the verdict.

• (2) Subject to subsection (3) below, the verdict of a jury (that is to say a complete jury of 8) in proceedings in a county court need not be unanimous if 7 of them agree on the verdict.

• (3) The court shall not accept a verdict by virtue of subsection (1) or subsection (2) above unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case.

• (4) This section is without prejudice to any practice by which a court may accept a majority verdict with the consent of the parties, or by which the parties may agree to proceed in any case with an incomplete jury.

Abolition of special juries and supplemental provisions

40

• (1) Special juries shall be abolished, and sections 18 and 19 of the Juries Act 1949 (under which special juries were preserved for certain commercial cases) shall cease to have effect.

• (2) No judgment after verdict upon any indictment, or after verdict in any other trial by jury in any court, shall be stayed or reversed by reason—

• (a) that the provisions of this Act about the summoning or impanelling of jurors, or the selection of jurors by ballot, have not been complied with, or

• (b) that a juror was not included in the relevant jurors' book or jury list, or

• (c) that any juror was misnamed or misdescribed, or

• (d) that any juror was unfit to serve.

• (3) Subsection (2)(a) above shall not apply to any irregularity if objection is taken at, or as soon as practicable after, the time it occurs, and the irregularity is not corrected.

• (4) Nothing in subsection (2) above shall apply to any objection to a verdict on the ground of personation.

• (5) Subject to the express provisions of this Act, all enactments and rules of law relating to trials by jury, juries and jurors, shall continue in force and, in criminal cases, apply to proceedings in the Crown Court as they applied to proceedings before a court of oyer and terminer or gaol delivery.

• (6) In this Part of this Act—

• " court " except where the context otherwise requires, means the Crown Court, the High Court, or a county court,

• " the appropriate officer " means such officer as may be designated for the purpose in question by arrangements made by the Lord Chancellor.

• (7) Schedule 4 to this Act shall have effect for supplementing this Part of this Act.

Part VI — Miscellaneous and Supplemental

Merger or abolition of certain courts and offices

Merger of Palatine Courts with High Court

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local court for City of London

42

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of certain other local courts

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of certain offices

44

• (1) The following offices are hereby abolished:—

• (a) chairman and deputy chairman of county quarter sessions; recorder, and deputy, assistant or temporary recorder, of a borough (but not the Recorder of London); clerk and deputy clerk of the peace;

• (b) any judicial or other office in a court abolished or merged with the High Court by the preceding provisions of this Part of this Act, other than the office of Vice-Chancellor of the County Palatine of Lancaster;

• (c) clerk of assize, circuit bailiff and any other office the duties of which relate exclusively to courts of assize.

• (2) The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, by regulations provide for the payment out of money provided by Parliament of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments which is attributable—

• (a) to the preceding provisions of this section, or

• (b) to the abolition or merger of any court (including courts of assize, courts of quarter sessions and Palatine courts) by this Act, or

• (c) to the transfer by this Act of any function to the Lord Chancellor or to any other Minister.

• (3) Regulations under this section may—

• (a) include provision as to the manner in which and the person to whom any claim for compensation under the regulations is to be made, and for the determination of all questions arising under the regulations,

• (b) make special provision for persons who, but for any national service, would be holders of any office or engaged in any employment,

• (c) make different provision for different classes of persons and for other different circumstances, and make, or authorise the Lord Chancellor to make, exceptions and conditions,

• (d) be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

• (4) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Matrimonial jurisdiction and patent appeals

Matrimonial jurisdiction

45

Patent appeals

46

Costs

Costs awarded by Crown Court out of central funds

47

Costs awarded by Crown Court as between parties

48

• (1) Where a person is prosecuted or tried on indictment before the Crown Court, the Court may—

• (a) if the accused is convicted, order him to pay the whole or any part of the costs incurred in or about the prosecution and conviction, including any proceedings before the examining justices ;

• (b) if the accused is acquitted, order the prosecutor to pay the whole or any part of the costs incurred in or about the defence including any proceedings before the examining justices.

• (2) The amount of costs ordered to be paid under this section shall (except where it is a specific amount ordered to be so paid) be ascertained as soon as practicable by the appropriate officer of the Crown Court.

Costs awarded by Divisional Court or House of Lords out of central funds

49

• (1) A Divisional Court of the Queen's Bench Division may order the payment out of central funds of the costs of any party to proceedings before the Divisional Court in a criminal cause or matter.

• (2) The costs payable out of central funds under subsection (1) above shall be such sums as appear to the Divisional Court reasonably sufficient to compensate the party concerned for any expenses properly incurred by him in the proceedings or in any court below.

• (3) Where an appeal to the House of Lords from a decision of the Divisional Court in a criminal cause or matter is determined in favour of the accused, the House of Lords may order the payment to the accused out of central funds of such sums as appear to it reasonably sufficient to compensate him for any expenses properly incurred by him in the appeal to the House of Lords (including any application for leave to appeal), or in any court below.

• (4) Any amount ordered to be paid under this section shall be ascertained—

• (a) if under subsection (1) above, by the master of the Crown Office, and

• (b) if under subsection (3) above (except where it is a specific amount ordered to be paid towards the accused's expenses as a whole) by such officer or officers, and in such manner, as may be prescribed by order of the House of Lords.

Crown Court rules relating to costs

50

Construction and consequential amendments

51

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Schedule 6 to this Act, which amends enactments about costs, shall have effect.

Award of costs where information or complaint is not proceeded with

52

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a complaint is made to a justice of the peace acting in any local justice area but the complaint is not proceeded with,

a magistrates’ court acting in that area may make such order as to costs to be paid . . . , by the complainant to the defendant as it thinks just and reasonable.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) An order under subsection (3) above shall specify the amount of the costs ordered to be paid.

(5) . . . for the purpose of enforcement an order under subsection (3) above made in relation to a complaint which is not proceeded with shall be treated as if it were an order made under section 64 of the Magistrates’ Courts Act 1980 (power to award, and enforcement of, costs in civil proceedings).

Administrative functions of justices

Administrative functions of justices

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Boroughs: honorary offices

Boroughs: honorary offices

54

• (1) The council of a borough shall have power to appoint a person to be honorary recorder of the borough.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A person shall not be qualified to hold office as an honorary recorder of a borough . . . unless he is a Circuit judge or Recorder (that is to say a Recorder appointed under this Act):

Provided that this subsection shall not apply to a borough which immediately before the appointed day—

• (a) had power by charter to appoint a recorder of the borough, and

• (b) did not have a separate court of quarter sessions.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

Financial provisions

55

• (1) There shall be paid out of money provided by Parliament, or out of the Consolidated Fund, any increase attributable to the provisions of this Act in the sums respectively so payable under any other enactment.

• (2) There shall be paid out of money provided by Parliament any sums payable by any Minister under or by virtue of this Act.

• (3) Any sum payable under this Act to the Lord Chancellor or any other Minister shall be paid into the Consolidated Fund.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor and consequential amendments, transitional provisions and repeals

56

• (1) Schedule 8 to this Act (which contains consequential and other amendments) shall have effect.

• (2) In the enactments listed in Schedule 9 to this Act (which confer jurisdiction transferred to the Crown Court) for any reference to quarter sessions there shall be substituted a reference to the Crown Court.

This subsection applies to references to quarter sessions however expressed and in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14) of the Interpretation Act 1889, were included in the expression “court of quarter sessions”.

• (3) Schedule 10 to this Act, which contains transitional provisions, shall have effect.

• (4) The enactments specified in Schedule 11 to this Act (which includes certain obsolete or unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any proviso at the end of that Schedule.

Interpretation of this Act and rules of construction of other Acts

57

• (1) In this Act, unless the context otherwise requires—

• the “appointed day” means the commencement of this Act which, as provided by this Act, may be a different date for different purposes,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including—a hospital order under Part III of the Mental Health Act 1983, with or without an order restricting discharge, anda recommendation for deportation made when dealing with an offender.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Except where the context otherwise requires, in this or any other Act—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any reference to the courts abolished by this Act shall include a reference to the Lancaster Palatine Court and the Durham Palatine Court (which are abolished on merger with the High Court).

• (4) Except where the context otherwise requires, in any Act passed after this Act the expression “recorder” shall not include the Recorder of London or an honorary recorder of a borough.

• (5) Any power of making orders contained in any provision of this Act shall include power to vary or revoke an order made under that provision.

• (6) It is hereby declared that any power conferred by this Act on the Lord Chancellor or any other authority to give directions includes a power to vary or rescind any direction so given.

• (7) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

Northern Ireland powers concerning majority verdicts of juries

58

Short title, commencement and extent

59

• (1) This Act may be cited as the Courts Act 1971.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The following provisions of this Act, and no others, shall extend to Scotland—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any provision of this Act affecting the operation of the law of Scotland in relation to courts in England and Wales,

• (d) the provisions of this Act about interpretation and commencement,

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The following provisions of this Act, and no others, shall extend to Northern Ireland—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any provision of this Act affecting the operation of the law of Northern Ireland in relation to courts in England and Wales,

• (d) the provisions of this Act about interpretation and commencement,

• (e) Schedule 8 to this Act so far as it amends ... section 30 of the Petty Sessions (Ireland) Act 1851.

• (7) Schedule 8 to this Act shall extend to the Isle of Man and the Channel Islands so far as it amends section 13 of the Indictable Offences Act 1848.

SCHEDULE 1

1

There shall be vested in the Crown Court all appellate and other jurisdiction conferred on any court of quarter sessions, or on any committee of a court of quarter sessions, by or under any Act, whether public general or local.

2

Subject to the provisions of this Act, and in particular the provisions about magistrates' courts committees and the provisions of paragraph 1 of Schedule 8 to this Act, there shall be vested in the Crown Court all other powers and duties of any court of quarter sessions, or of any committee of a court of quarter sessions.

SCHEDULE 2

Part I — Certain Office-Holders to be Circuit Judges

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

• (1) Any person who, being appointed Recorder of London after the appointed day, is appointed by Her Majesty to exercise judicial functions shall, by virtue of that appointment, be a Circuit judge.

• (2) Any person who after the appointed day is appointed by Her Majesty to be the Common Serjeant shall, by virtue of that appointment, be a Circuit judge.

3

• (1) Subject to sub-paragraph (2) below, section 17 of this Act shall apply to the holder of any judicial office who becomes a Circuit judge as mentioned in this Part of this Schedule as it applies to a Circuit judge appointed under section 16 of this Act.

• (2) In the case of any person who becomes a Circuit judge as mentioned in this Part of this Schedule ... nothing in section 17 of this Act shall have the effect of depriving him of the office by virtue of which, or by virtue of his appointment to which, he becomes a Circuit judge.

Part II — Supplementary Provisions with Respect to Certain Judicial Officers

4

• (1) If and so long as any holder of the office of Vice-Chancellor of the County Palatine of Lancaster is also a Circuit judge (whether by virtue of paragraph 1 above or otherwise), he shall take judicial precedence next after the judges of the High Court.

• (2) Notwithstanding the repeal by this Act of section 14(1) of the Administration of Justice Act 1928, paragraph (d) of that subsection (terms of appointment of Vice-Chancellor of the County Palatine of Lancaster) shall continue to apply in relation to the person who is the holder of that office on the appointed day (but not in relation to any subsequent holder of that office) and shall on and after that day apply in relation to him not only in his capacity as Vice-Chancellor but also in his capacity as a Circuit judge; and accordingly, and without prejudice to paragraph 3(2) above, section 17(4) of this Act shall not apply in relation to that person.

• (3) Without prejudice to paragraph 8 below, the Lord Chancellor, with the consent of the Minister for the Civil Service, may make such arrangements as seem to him to be appropriate to secure that the superannuation benefits payable to or in respect of the person who, on the appointed day, holds office as Vice-Chancellor of the County Palatine of Lancaster are not less favourable than those which he enjoyed immediately before the appointed day; and any such arrangements may provide for the cost of those benefits to be defrayed in part by the Duchy of Lancaster.

• (4) Rules under section 39A of the Superannuation Act 1965 (provision for superannuation benefits payable to or in respect of persons employed in two or more judicial offices of specified descriptions) may make provision with respect to the superannuation benefits payable to or in respect of any person who, immediately before the appointed day, held office as registrar or assistant registrar of the Lancaster Palatine Court, as if his office were included in those specified in paragraphs (a) to (i) of subsection (3) of that section.

5

Nothing in section 16, section 18(1) or section 19 of this Act shall apply to the manner of appointment or remuneration of, or the pensions and other benefits payable to or in respect of, any person holding office as Recorder of London or Common Serjeant and accordingly those matters shall continue to be provided for as mentioned in Parts II and III of the City of London (Courts) Act 1964.

6

After the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . the City of London (Courts) Act 1964, but section 7 of that Act (remuneration and pensions of additional judges and holders of certain other judicial offices) shall continue on and after the appointed day to apply in relation to any person who, immediately before that day, held office as such an additional judge, notwithstanding that he becomes a Circuit judge, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to any such person.

7

On the appointed day section 14 of the City of London (Courts) Act 1964 (appointment and removal of the assistant judge of the Mayor’s and City of London Court) shall cease to have effect, but so much of section 18(3) of that Act as provides for the payment of the remuneration of, and any pension or other benefits payable to or in respect of, the assistant judge shall continue on and after the appointed day to apply to the person who immediately before that day held office as the assistant judge of the Mayor’s and City of London Court, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to that person.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

• (1) Subject to the preceding provisions of this Part of this Schedule, for the purpose of determining—

• (a) the annual pension payable to a Circuit judge under section 5 of the Judicial Pensions Act 1981, or

• (b) any such derivative benefit payable to or in respect of him as is referred to in section 19(5) of this Act,

service before the day appointed for the purposes of section 16 of this Act in any of the judicial offices specified in paragraph 1(2) above, and service (before 1st April 1965) as a salaried chairman or deputy chairman of the court of quarter sessions for the county of London or of Middlesex, shall be treated as service as a Circuit judge.

• (2) Subject to sub-paragraph (3) below, in any case where—

• (a) any such pension or derivative benefit as is referred to in sub-paragraph (1) above becomes payable to or in respect of any person; and

• (b) the period of that person’s service which falls to be taken into account in determining the amount of that pension or benefit includes, by virtue of sub-paragraph (1) above, service in any judicial office specified in paragraph 1(2) above,

rules made by the Lord Chancellor with the consent of the Minister for the Civil Service may make provision for the payment of contributions towards the cost of the superannuation benefits payable to or in respect of that person by any authority which, before the appointed day, was responsible, directly or indirectly, for meeting the whole or any part of the cost of the superannuation benefits payable to or in respect of former holders of that office.

• (3) Rules made under sub-paragraph (2) above shall not require the payment of any contribution in the case of a person who serves at least fifteen completed years as a Circuit judge, disregarding any period of service taken into account by virtue of sub-paragraph (1) above.

• (4) The power to make rules under sub-paragraph (2) above shall be exercisable by statutory instrument, and any statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 3

Right of use for Supreme Court and county courts

1

• (1) This paragraph has effect—

• (a) as respects any premises which were, up to the appointed day, being used to any extent for business of the abolished courts, and

• (b) as respects the local authority who were providing the accommodation for the abolished courts,

and has effect in particular to ensure that court proceedings, including proceedings in cases in the course of hearing on the appointed day, can be conducted without any interruption or interference in the transition from the jurisdiction of the abolished courts to the jurisdiction conferred by this Act.

• (2) On and after the appointed day it shall be the duty of the authority, up to the extent to which the premises were being used for business of the abolished courts, to make the premises available for Supreme Court or county court business, together with all the fittings, and all furniture, office and other equipment and other chattels previously made available for business of the abolished courts.

• (3) If the premises, or any larger premises of which they form part, consist of or comprise a courtroom used or available for use as a magistrates’ court (whether or not it has also been used for business of the abolished courts), and at any time the Lord Chancellor so directs, it shall be the duty of the authority to make the courtroom available for Supreme Court or county court business to the exclusion of all other business, or to such extent as the Lord Chancellor may direct.

A direction under this sub-paragraph may also apply to all other parts of the building used or available for use for the sitting or other business of the magistrates’ court, together with all the fittings, and all furniture, office and other equipment and other chattels, in the courtroom or elsewhere, previously available for business of the magistrates’ court.

• (4) Before giving a direction under sub-paragraph (3) above the Lord Chancellor shall consult the Secretary of State, the local authority and any magistrates’ courts committee concerned.

• (5) Where under the preceding provisions of this paragraph the authority are to make any premises available, it shall be their duty to heat, light, clean and maintain them.

• (6) The appropriate Minister shall pay to the authority—

• (a) the reasonable and necessary charges for heating, lighting and cleaning premises made available under this paragraph, and a fair contribution to the cost of any custodial services, and

• (b) a fair contribution in respect of the maintenance and repair of the building, and

• (c) where the authority pay rent for the premises, a contribution amounting to a fair proportion of the rent, and

• (d) where the Lord Chancellor gives a direction under sub-paragraph (3) above, such compensation for any costs of removal and costs of initial adaptation of any alternative accommodation incurred by the authority, as is reasonable in the circumstances,

and if and so far as greater use is made of any premises for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of rent as is reasonable having regard both to the rent which the authority have to pay for alternative accommodation, and to the rent which would be commanded by the accommodation (whether the use was at all times or part-time only) which the authority have had to surrender.

• (7) Where under the preceding provisions of this paragraph the authority are to make available any fittings, or furniture, office or other equipment or other chattels—

• (a) it shall be their duty to keep them in order and repair and to clean them;

• (b) the appropriate Minister shall pay their reasonable and necessary charges under paragraph (a) above;

• (c) if and so far as greater use is made of any such fittings or chattels for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of hire payments as is reasonable, but not so as to make any payment in respect of anything taken into account in paying rent under sub-paragraph (6) above.

• (8) The appropriate Minister shall also make such payment, if any, as is authorised by paragraph 4 below.

• (9) The obligations imposed by this paragraph on any local authority shall terminate on the expiration of a period of ten years beginning with the appointed day, or, in the case of any particular premises, at such earlier time as may be agreed by the Lord Chancellor and the local authority subject to those obligations as respects the premises.

• (10) Where sub-paragraph (1)(b) above applies to two or more local authorities, the obligations imposed by this paragraph shall be shared among them in a way corresponding to that in which they provided for the abolished courts, and, where a direction is given under sub-paragraph (3) above, for any magistrates’ court.

Premises acquired by Secretary of State

2

• (1) Before any premises used for the business of the abolished courts are purchased by the Secretary of State, he shall consult any magistrates’ courts committee concerned.

• (2) A local authority owning any premises used for the business of the abolished courts shall have power to sell, lease or otherwise dispose of the premises to the Secretary of State, notwithstanding that they are subject to any trust, or have been dedicated to the public.

• (3) Sub-paragraph (2) above shall not be construed as authorising the extinction or curtailment of any public right of way over any part of premises so acquired.

• (4) It is hereby declared that any responsibility of a local authority to provide a court room or other accommodation for any magistrates’ court remains unaffected by the acquisition, whether by agreement or compulsorily, by the Secretary of State of any premises used for any such purpose, and accordingly where the Secretary of State acquires any premises the power of the Secretary of State to make the premises available for continued use, to any extent, by a magistrates’ court does not affect the local authority’s responsibility, or absolve them from the duty to pay a proper rent for the accommodation, on such terms and subject to such conditions as may be agreed.

Compulsory purchase

3

• (1) This paragraph has effect where—

• (a) the Secretary of State, not later than the expiration of a period of three years beginning with the appointed day, gives notice in writing to a local authority of his intention to acquire from that local authority (by compulsory purchase or otherwise) any premises which, up to the appointed day, were being wholly or mainly used for business of the abolished courts or other court purposes, and

• (b) the Secretary of State, within the period of ten years beginning with the appointed day, makes a compulsory purchase order authorising the acquisition by him of, or of an interest or estate in, those premises or any part of them.

• (2) If the Lord Chancellor is satisfied that the whole of the land comprised in the compulsory purchase order was, up to the appointed day, exclusively used for business of the abolished courts, and so certifies, sections 17 and 18 of the Acquisition of Land Act 1981 (special parliamentary procedure) shall not apply to the order.

• (3) The compulsory purchase order may be framed so as also to apply to all or any fittings, furniture, equipment and other chattels in, or usually kept or used in, so much of the premises as was, up to the appointed day, being used for business of the abolished courts, or for the business of a magistrates’ court, and all the provisions of the said Act of 1981, of the Land Compensation Act 1961 and of the Compulsory Purchase Act 1965 shall have effect accordingly, and subject to any necessary modifications.

• (4) If the whole of the land comprised in the compulsory purchase order was, up to the appointed day, exclusively used for business of the abolished courts,—

• (a) no compensation shall be payable in respect of the interest or estate of the local authority in the land, but without prejudice to any right to compensation for severance or other injurious affection in respect of any land not acquired, and

• (b) no compensation shall be payable in respect of the interest of the local authority in any chattels to which the compulsory purchase order applies by virtue of sub-paragraph (3) above.

• (5) Where sub-paragraph (4) above does not apply, the compensation otherwise payable shall be reduced by such amount as will, on a just assessment, secure that no compensation is payable in respect of the land or any chattels to the extent that the land, or any such chattel, was used for business of the abolished courts.

Loan charges

4

• (1) Where any premises were, up to the appointed day, being used exclusively for business of the abolished courts, the appropriate Minister shall pay to the local authority an amount equal to the interest element in any loan charge paid by the local authority in respect of the premises, being a loan charge falling due in the period in which the premises are made available under paragraph 1 of this Schedule.

• (2) If the premises were not exclusively so used, the appropriate Minister shall pay to the local authority such proportion of the amount payable under sub-paragraph (1) above as is just having regard to the extent to which the premises were so used respectively for business of the abolished courts, and for other purposes (and this sub-paragraph shall be applied without regard to any direction under paragraph 1(3) of this Schedule requiring the premises to be made available to an extent greater than that required under paragraph 1(2)).

5

• (1) Where the Secretary of State acquires from a local authority, whether compulsorily or by agreement, any premises which, up to the appointed day, were being used exclusively for business of the abolished courts, the Secretary of State shall pay to the authority—

• (a) a sum equal to any loan charge paid by the local authority in respect of the premises, being a loan charge falling due in the period from the beginning of April 1970 to the relevant date, together with

• (b) the principal sum outstanding at the relevant date,

but adjusting the payment so as to prevent any amount being paid to the local authority both under this paragraph and under the last preceding paragraph.

In this sub-paragraph “the relevant date” means the date of acquisition or such other date as may be agreed by the Secretary of State and the local authority.

• (2) If the premises were not exclusively so used, the Secretary of State shall pay to the local authority such proportion of the amount payable under sub-paragraph (1) above as is just having regard to the extent to which the building was so used respectively for business of the abolished courts, and for other purposes.

6

• (1) For the purposes of this Schedule “loan charge” means any sum due by way of repayment of capital, or payment of interest, in respect of a liability incurred to meet capital expenditure in acquiring, providing, reconstructing or altering the premises in question.

• (2) If the Treasury so direct, the provisions of this Schedule about loan charges shall be applied in any case where, in the opinion of the Treasury, the financial arrangements made by a local authority in connection with any capital expenditure are equivalent to the incurring of a capital liability and the discharge of that liability by paying loan charges.

• (3) The two last preceding paragraphs, and this paragraph, shall apply in relation to any loan charge in respect of any fittings, or furniture, office or other equipment or other chattels, made available under this Schedule, or acquired by the Secretary of State, as they apply to premises so made available or acquired, but subject to any necessary modifications.

Premises in which more than one local authority are interested

7

• (1) If a compulsory purchase order authorises acquisition of the interest or estate of more than one local authority, whether or not each of them were using the premises to discharge obligations as respects the abolished courts, the notice under paragraph 3(1)(a) above shall be given to each of them.

• (2) Sub-paragraphs (4) and (5) of paragraph 3, and paragraphs 4, 5 and 6 of this Schedule shall not apply to a local authority who, although having an interest or estate in the premises, were not using the premises to discharge any obligation to provide accommodation for the abolished courts.

This sub-paragraph is without prejudice to the application of the said provisions to the local authority in relation to any other premises.

• (3) If different parts of the premises were used for different abolished courts, sub-paragraph (2) above shall be applied to the different parts of the premises as if the parts were different premises.

There shall be made all such apportionments of compensation for compulsory purchase and of loan charges and other sums as are required to give effect to this sub-paragraph, and to take account of ancillary accommodation and of the degree to which it served the respective courts.

Termination of obligation to provide courthouse or sessions-house

8

Any obligation imposed on any authority by law or custom to provide an assize courthouse, or a sessions-house for a court of quarter sessions, or a courthouse for any other court abolished by this Act, shall be terminated on the appointed day.

Judges’ lodgings

9

• (1) The duties and responsibilities of sheriffs, and of local authorities, as respects the provision and maintenance of judges’ lodgings shall, subject to the provisions of this paragraph, remain in force after the appointed day, and the accommodation provided in discharge of those duties shall be at the disposal of all judges, but subject to such directions, if any, as may be given by the Lord Chancellor.

• (2) A sheriff or other authority shall be entitled to be reimbursed out of money provided by Parliament for any expenditure incurred by the authority in the performance of duties in pursuance of this paragraph.

• (3) All the said duties and responsibilities shall be terminated at the expiration of a period of three years beginning with the appointed day, or in the cases specified in the following provisions of this paragraph, at an earlier date.

• (4) If the Lord Chancellor is satisfied that any particular accommodation will cease to be needed, he may by notice to the sheriff or authority terminate the duties and responsibilities as respects that accommodation on the date specified in the notice.

• (5) If any particular accommodation is comprised in premises acquired by the Secretary of State, the duties and responsibilities as respects that accommodation shall terminate at the time of acquisition.

Reference of disputes to Lands Tribunal

10

• (1) Any dispute between a Minister and a local authority as to whether any, and if so what, amount is payable under this Schedule shall be referred to and determined by the Lands Tribunal.

• (2) Where any question of disputed compensation under the Compulsory Purchase Act 1965 is referred to the Lands Tribunal, any related question referable under sub-paragraph (1) above shall, so far as practicable, be considered and disposed of by the Lands Tribunal on the same occasion.

Exclusion of premises in City of London

11

Nothing in this Schedule applies to any premises in the City of London.

Supplemental

12

• (1) In this Schedule, unless the context otherwise requires—

• the “appropriate Minister” means either the Secretary of State or the Lord Chancellor, and, where a liability to make any payment is imposed on the appropriate Minister, it shall be the liability of either of them, or divided between them, as they may agree with the concurrence of the Treasury.

• “business of the abolished courts” means the holding of—a court of assize or court of quarter sessions, orany other court abolished by this Act,and any official business in connection with the work of any such court;

• “local authority” has the same meaning as in the Acquisition of Land Act 1981,

• “Supreme Court and county court business” includes any official business in connection with the work of any such court.

• (2) Any reference in this Schedule to use for business of the abolished courts, or for Supreme Court or county court business, includes use for any purpose ancillary to that business, and includes in particular use of a car park by officials and members of the public when attending in connection with any such business, and in determining the extent of use of any premises, account shall be taken of the periods when use is made of the premises, the degree of use of the premises, and the availability of the premises for other purposes when not so used.

• (3) In determining for the purposes of this Schedule what use was made of any premises up to the appointed day, account shall primarily be taken of use in the two years ending with the appointed day, but allowing for the periodical or seasonal nature of the sittings of courts of assize or other courts, and where the degree of use is different in the two years, making an estimate of the average use.

• (4) If on the appointed day any building is in course of construction which is designed and intended for use, to any extent, for business of the abolished courts, this Schedule shall, except where the context otherwise requires, apply as if it were a completed building being used up to the appointed day for the purposes for which it is intended.

SCHEDULE 4

Amendments of Juries Act 1922

1

• (1) The Juries Act 1922 shall be amended as follows.

• (2) In section 1(5) for the words from " to be notified " to the end of the subsection substitute " to be notified to the appropriate officer and to the registration officer, and for authorising the appropriate officer to make the necessary correction in the jurors book ".

• (3) In section 1(8) (delivery of jurors book to sheriff of the county) for the words from " to the sheriff of the county " to the end of the subsection substitute " to the appropriate officer or officers at such place or places as may from time to time be directed by or on behalf of the Lord Chancellor ".

• (4) In section 1(11) for the word " sheriff " substitute " any officer appointed by the Lord Chancellor " and for the words from "to the same penalty" to the end of the subsection substitute " on summary conviction to a fine not exceeding £50 ".

• (5) In section 6(1)(d) for " the sheriff" substitute " the appropriate officer ".

• (6) In section 7, before the definition of " prescribed " insert—

• The expression ' appropriate officer' means such officer as may be designated by or on behalf of the Lord Chancellor for the purposes of this Act, or of the relevant provision of this Act

.

• (7) In section 8(2)(b) for the words from " as a juror" to " at assizes " substitute " as a juror on any jury in the Crown Court, the High Court ".

City of London

2

• (1) The Town Clerk of the City of London shall deliver the jurors book prepared by him, as soon as may be after it has been prepared, to the appropriate officer or officers at such place or places as may from time to time be directed by or on behalf of the Lord Chancellor.

• (2) Subject to sub-paragraph (1) above, nothing in this Act shall alter or affect the preparation of jury lists or the jurors book in the City of London.

• (3) In section 50 of the Juries Act 1825 for the words from " Provided always " to " said city " (where it first occurs) substitute " No person shall be included in jury lists for the city of London ".

Challenge of jurymen

3

• (1) The transfer of responsibility for summoning jurors to officers appointed by the Lord Chancellor shall not affect the right of challenge to the array, that is to say the right of challenge on the ground that the person responsible for summoning the jurors in question is biased or has acted improperly.

• (2) In section 27 of the Juries Act 1825 for the words " any of the courts herein-before mentioned " substitute " the Crown Court or the High Court or a county court ", and in section 29 of that Act for those words substitute " the Crown Court ".

Venire de novo

4

A writ or order of venire de novo shall no longer be addressed to the sheriff and shall be in such form as the court considers appropriate.

View by jurors

5

Crown Court rules, and rules of court for civil cases, may make provision as respects views by jurors, and the places to which a juror may be called on to go to view shall not be restricted to any particular county or other area.

Consequential amendment of local Acts

6

The Lord Chancellor may by order contained in a statutory instrument subject to annulment in pursuance of a resolution in either House of Parliament make such amendments or repeals of any provision of any local Act as appears to him necessary or expedient in consequence of the provisions of this Act about trial by jury, juries and jurors.

Transitional

7

• (1) The Lord Chancellor may by order contained in a statutory instrument make such provision as appears to him necessary or expedient for the transition to the provisions of this Act about trial by jury, juries and jurors from the enactments and rules of law replaced by those provisions, and may in particular by such an order provide for transitory modifications or adaptations of those provisions of this Act, or of the law which those provisions replace.

• (2) Without prejudice to sub-paragraph (1) above, on the repeal of sections 40 and 41 of the Juries Act 1825 by this Act every sheriff or other officer holding a register or list prepared under those sections of persons who have served as jurors in the preceding three years shall transmit those registers or lists to the appropriate officer at such place or places as the Lord Chancellor may direct.

• (3) A statutory instrument made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 5

Part I — The Palatine Courts

Interpretation

1

In this Part of this Schedule—

• “the Palatine Court” means the Lancaster Palatine Court or the Durham Palatine Court, as the case may require; and

• “the relevant date”, in relation to the Palatine Court, means the date on which it ceases to exercise any jurisdiction by virtue of section 41(1) of this Act.

Pending Proceedings

2

• (1) Subject to any provision made (whether before or after the relevant date) by Rules of the Supreme Court,—

• (a) any proceedings which had been begun in the Palatine Court before the relevant date may be continued on and after that date in the High Court as if they had been begun in the High Court; and

• (b) anything done in accordance with the rules applicable to proceedings in the Palatine Court shall be treated as having been done in accordance with the rules applicable to corresponding proceedings in the High Court.

• (2) Any act, judgment or order of the Palatine Court in any proceedings shall have the like effect; and further proceedings may be taken in respect of it, as if it were an act, judgment or order of the High Court.

Fees

3

• (1) All fees and other payments which, having become due in the Lancaster Palatine Court in accordance with any order made under the Chancery of Lancaster Acts 1850 to 1961, had not been paid before the relevant date, shall on and after that date become due to the Duchy of Lancaster, and all money which immediately before that date stood to the credit of, or was awaiting payment into any of the Fee Fund Accounts of the Lancaster Palatine Court shall on that date vest in the Duchy.

• (2) Any money due to the Duchy of Lancaster by virtue of sub-paragraph (1) above shall be recoverable as if it were due to the Duchy under an order of the High Court; and all sums received by the Duchy by virtue of that sub-paragraph shall form part of the revenue of the Duchy.

• (3) All fees and similar payments which, having become due in the Durham Palatine Court, had not been paid before the relevant date shall on and after that date become due to the registrar of the Durham district registry of the High Court as fees in the High Court, and all money received as fees or similar payments in the Durham Palatine Court and held immediately before the relevant date by the registrar of the Durham district registry of the High Court in his capacity as Registrar of the Durham Palatine Court shall be dealt with by him, on and after that date, as High Court fees received by him in his capacity as a district registrar.

Funds in court

4

• (1) On the relevant date all investments and money which, immediately before that date, constituted the funds in court in the Palatine Court shall, by virtue of this Act and without any transfer or assignment, be vested in the Accountant General of the Supreme Court as funds in the Supreme Court.

• (2) In dealing with any investments and money vested in him by virtue of sub-paragraph (1) above, the Accountant General of the Supreme Court shall comply with any directions which the Lord Chancellor may consider it expedient to give to him with a view to securing the transition of the administration of the funds in court in the Palatine Court to the Supreme Court.

• (3) The transfer of any funds under sub-paragraph (1) above shall not affect the right of any person in or to any of those funds, and any such right may be enforced on and after the appointed day as if it had always been a right in respect of funds in the Supreme Court.

• (4) On the relevant date there shall be vested in the Accountant General of the Supreme Court any outstanding liabilities of the Lancaster Palatine Court in respect of sums which at one time formed part of the funds in court in the Lancaster Palatine Court but which ceased to do so at some time prior to that date; and any amounts required to meet any such liabilities shall be paid out of the Consolidated Fund to the Accountant General.

• (5) On the relevant date section 52 of the Administration of Justice Act 1956 (provision for transfer to charities and ecclesiastical corporations of certain funds in the Lancaster Palatine Court) shall cease to have effect and any funds which, immediately before that date, might have been dealt with under that section may, on and after that date, be dealt with under section 15 of the Administration of Justice Act 1928 (corresponding provision for transfer of funds in the Supreme Court).

Court Records

5

All records of the Palatine Court shall on and after the relevant date be deemed to be records of the Supreme Court and shall be dealt with accordingly under the Public Records Act 1958.

Part II — Mayor’s and City of London Court

Interpretation

6

In this Part of this Schedule—

• “the City Court” means the Mayor’s and City of London Court;

• “the county court” means the county court for the City of London established by virtue of section 42(2) of this Act;

• “the relevant date” means the date on which the City Court is abolished.

Pending proceedings

7

• (1) Any proceedings which had been begun in the City Court before the relevant date may be continued on and after that date in the county court, whether or not the proceedings could have been begun in a county court.

• (2) Where, by virtue of sub-paragraph (1) above, proceedings which would not otherwise be within the jurisdiction of a county court are continued in the county court,—

• (a) the county court shall have the like jurisdiction in respect of the proceedings as if it were the City Court and as if section 42(1) of this Act had not been enacted; and