Courts Act 2003 - legislation

1 Courts Act 2003 CHAPTER 39 CONTENTSPART 1 MAINTAINING THE court SYSTEMThe general duty1 The general dutyCourt staff and accommodation2 court officers, staff and services3 Provision of accommodationCourts boards4 Establishment of Courts boards5 Functions of Courts boardsAbolition of magistrates Courts committees6 Abolition of magistrates Courts committees, 2 JUSTICES OF THE PEACEThe commission of the peace and local justice areas7 The commission of the peace for England and Wales8 Local justice areasCourts Act 2003 (c. 39)iiLay justices9 Meaning of lay justice 10 Appointment of lay justices and removal of lay justices12 The supplemental list13 Entry of names in the supplemental list14 Removal of names from the supplemental list15 Lay justices allowances16 Records of lay justicesChairman and deputy chairmen and the bench17 Chairman and deputy chairmen.

2 Selection18 Rights to preside and size of benchSupplementary provisions about the bench19 Training, development and appraisal of lay justices20 Rules21 Duty to consult lay justices on matters affecting them Judges (Magistrates Courts )22 Appointment District Judge (Chief Magistrate)24 Deputy District Judges (Magistrates Courts )25 District Judges (Magistrates Courts ) as justices of the peace26 District Judges (Magistrates Courts ) able to act aloneJustices clerks and assistant clerks27 Justices clerks and assistant clerks28 Functions29 IndependencePlaces, dates and times of sittings30 Places, dates and times of sittingsProtection and indemnification of justices and justices clerks31 Immunity for acts within jurisdiction32 Immunity for certain acts beyond jurisdiction33 Striking out proceedings where action prohibited34 Costs in legal proceedings35 IndemnityFines officers and designated officers36 Fines officers37 Designated officers and magistrates courtsCourts Act 2003 (c.)

3 39)iiiApplication of receipts of magistrates Courts of receipts of designated officers39 Limits to requirements about application of receipts40 Regulations about payments, accounting and banking by designated officersMiscellaneous41 Disqualification of lay justices who are members of local authorities42 Effect of Act of Settlement on existing justices of the peacePART 3 MAGISTRATES COURTSC riminal jurisdiction and procedure43 Summons or warrant for suspected offender44 Trial of summary offences45 Power to make rulings at pre-trial hearings46 Power to transfer criminal casesCivil jurisdiction and procedure47 Jurisdiction to issue summons and deal with complaints48 Power to transfer civil proceedings (other than family proceedings)

4 Family proceedings Courts and youth courts49 Family proceedings courts50 Youth courtsPART 4 court SECURITY51 court security officers52 Powers of search53 Powers to exclude, remove or restrain persons54 Surrender and seizure of articles55 Powers to retain articles surrendered or seized56 Regulations about retention of articles57 Assaulting and obstructing court security officersPART 5 INSPECTORS OF court ADMINISTRATION58 Inspectors of court administration of inspectors60 Functions of Chief Inspector61 Rights of entry and inspectionCourts Act 2003 (c. 39)ivPART 6 JUDGESO ffices, titles, styles and Deputy Head of Civil Justice63 Ordinary judges of the court of Appeal64 Power to alter judicial titlesFlexibility in deployment of judicial resources65 District Judges (Magistrates Courts ) as Crown court judges having powers of District Judges (Magistrates Courts )

5 67 Removal of restriction on Circuit judges sitting on certain appealsPART 7 PROCEDURE RULES AND PRACTICE DIRECTIONSC riminal Procedure Rules and practice directions68 Meaning of criminal court 69 Criminal Procedure Rules70 Criminal Procedure Rule Committee71 Power to change certain requirements relating to Committee72 Process for making Criminal Procedure Rules73 Power to amend legislation in connection with the rules74 Practice directions as to practice and procedure of the criminal courtsFamily Procedure Rules and practice directions75 Family Procedure Rules76 Further provision about scope of Family Procedure Rules77 Family Procedure Rule Committee78 Power to change certain requirements relating to Committee79 Process for making Family Procedure Rules80 Power to amend legislation in connection with the rules81 Practice directions relating to family proceedingsCivil Procedure Rules82 Civil Procedure Rules83 Civil Procedure Rule Committee84 Power to change certain requirements relating to Committee85 Process for making Civil Procedure RulesPART 8 MISCELLANEOUSP rovisions relating to criminal procedure and appeals86 Alteration of place fixed for Crown court trialCourts Act 2003 (c.)

6 39)v87 Appeals to court of Appeal: procedural directions88 Extension of time for criminal appeals to House of Lords89 Retirement age of Registrar of Criminal Appeals90 Appeals to Courts -Martial Appeal court : procedural directions91 Extension of time for appeals from Courts -Martial Appeal CourtFees and costs92 Fees93 Award of costs against third parties94 Award of costs in appeals under Proceeds of Crime Act 2002 Fines95 Fixing of fines: failure to furnish statement of financial circumstances96 Recovery of fines etc. by deductions from income support: failure to provideinformation97 Collection of fines and discharge of fines by unpaid workRegister of judgments etc. and execution of writs98 Register of judgments and orders court writs of executionDamages100 Periodical payments101 Periodical payments: securityProvisions relating to Northern Ireland102 Power to alter judicial titles: Northern Ireland103 Official Solicitor of Northern Ireland104 Alteration of place fixed for Crown court trial: Northern Ireland105 Extension of time for criminal appeals to House of Lords: Northern Ireland106 Fees.

7 Northern IrelandPART 9 FINAL PROVISIONS107 Interpretation108 Rules, regulations and orders109 Minor and consequential amendments, repeals, titleSchedule 1 Constitution and procedure of Courts boardsSchedule 2 Abolition of magistrates Courts committees: transfersPart 1 Property transfer schemesCourts Act 2003 (c. 39)viPart 2 Staff transfersPart 3 Miscellaneous and supplementarySchedule 3 Pre-trial hearings in magistrates courtsSchedule 4 Further functions conferred on District Judges (Magistrates Courts )Schedule 5 Collection of finesPart 1 IntroductoryPart 2 Immediate payment of fines: discountsPart 3 Attachment of earnings orders and applications for benefitdeductionsPart 4 Making of collection ordersPart 5 Discount where collection order madePart 6 Variation of collection orders containing payment termsPart 7 Effect of first default on collection order containing paymenttermsPart 8 Operation of collection orders containing reserve termsPart 9 Operation of collection orders after increase imposedPart 10 Supplementary provisionsSchedule 6 Discharge of fines by unpaid workSchedule 7 High court writs of executionSchedule 8 Minor and consequential amendmentsSchedule 9 Transitional provisions and savingsSchedule

8 10 RepealsELIZABETH IIc. 39 Courts Act 20032003 CHAPTER 39An Act to make provision about the Courts and their procedure and practice;about judges and magistrates; about fines and the enforcement processes ofthe Courts ; about periodical payments of damages; and for connectedpurposes.[20th November 2003 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 MAINTAINING THE court SYSTEMThe general duty1 The general duty(1)The Lord Chancellor is under a duty to ensure that there is an efficient andeffective system to support the carrying on of the business of (a)the Supreme court ,(b)county Courts , and(c)magistrates Courts ,and that appropriate services are provided for those Courts .

9 (2)In this Part (a) the Supreme court includes the district probate registries, and(b) magistrates court includes a committee of justices.(3)In this Part references to the Lord Chancellor s general duty in relation to thecourts are to his duty under this Act 2003 (c. 39)Part 1 Maintaining the court system2(4)The Lord Chancellor must, within 18 months of the coming into force of thissection, and afterwards annually, prepare and lay before both Houses ofParliament a report as to the way in which he has discharged his general dutyin relation to the staff and accommodation2 court officers, staff and services(1)The Lord Chancellor may appoint such officers and other staff as appear to himappropriate for the purpose of discharging his general duty in relation to thecourts.

10 (2)The civil service pension arrangements for the time being in force apply (withany necessary adaptations) to persons appointed under subsection (1) as theyapply to other persons employed in the civil service of the State.(3) The civil service pension arrangements means (a)the principal civil service pension scheme (within the meaning ofsection 2 of the Superannuation Act 1972 (c. 11)), and(b)any other superannuation benefits for which provision is made underor by virtue of section 1 of the 1972 Act for or in respect of persons inemployment in the civil service of the State.(4)Subject to subsections (5) and (6), the Lord Chancellor may enter into suchcontracts with other persons for the provision, by them or their sub-contractors, of officers, staff or services as appear to him appropriate for thepurpose of discharging his general duty in relation to the Courts .