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Magistrates’ Courts Act 1980
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- UK Public General Acts
- 1980 c. 43
- Part II
- Hearing of complaint
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Changes to legislation:
Magistrates’ Courts Act 1980, Cross Heading: Hearing of complaint is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 2017 anaw 2 Sch. 3 para. 18(5)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(6A) inserted by 2003 c. 44 Sch. 36 para. 8(5)
- s. 1(6A) words substituted by 2015 c. 2 Sch. 11 para. 3(4) (Effect not applied as (6A) was only inserted prospectively.)
- s. 1(7A) inserted by 2003 c. 44 Sch. 36 para. 8(6)
- s. 12(2A) inserted by 2022 c. 35 s. 4(3)
- s. 12(5A)-(5F) inserted by 2022 c. 35 s. 4(6)
- s. 17A(1A) inserted by 2022 c. 35 Sch. 2 para. 6(2)(b)
- s. 17B(1A)-(1F) substituted for s. 17B(1) by 2022 c. 35 s. 9(2)(b)
- s. 17B(5) inserted by 2022 c. 35 s. 9(2)(d)
- s. 17BA inserted by 2022 c. 35 s. 7
- s. 17ZA-17ZC inserted by 2022 c. 35 s. 6(2)
- s. 18(1)-(1B) substituted for s. 18(1) by 2022 c. 35 Sch. 2 para. 6(7)(a)
- s. 18(4A)(4B) inserted by 2022 c. 35 Sch. 2 para. 6(7)(b)
- s. 18(6) inserted by 2022 c. 35 Sch. 2 para. 6(7)(c)
- s. 20(7A)(7B) inserted by 2022 c. 35 Sch. 2 para. 6(8)(c)
- s. 22(2A)-(2E) inserted by 2022 c. 35 Sch. 2 para. 6(9)(a)
- s. 22A(1A)-(1E) inserted by 2022 c. 35 s. 6(3)(b)
- s. 23(1A)-(1G) substituted for s. 23(1) by 2022 c. 35 s. 9(4)(b)
- s. 23(4A)(4B) inserted by 2022 c. 35 s. 9(4)(d)
- s. 24A(1A) inserted by 2022 c. 35 Sch. 2 para. 6(11)(b)
- s. 24BA inserted by 2022 c. 35 s. 9(5)
- s. 24ZA 24ZB inserted by 2022 c. 35 s. 8
- s. 75A inserted by 2013 c. 22 s. 26(1)
- s. 85(5) inserted by 2013 c. 22 s. 26(4)
- s. 139A inserted by 2013 c. 22 s. 26(6)
- s. 145(1A) inserted by 2010 c. 26 Sch. 3 para. 8(3) (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
- s. 145(1A) repealed by 2010 c. 26 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. Sch. 4 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
- Sch. 6A (entry) by 2000 c. 43 Sch. 7 para. 69
Hearing of complaintE+W
53 Procedure on hearing.E+W
(1)On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint.
(2)The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint.
(3)Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence.
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 53(4) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C1S. 53(1)(2) applied (with modifications) (1.4.1997) by S.I. 1997/704, rule 5(2)(3)(4)(b)
C2S. 53(3) extended (14.10.1991) by S.I. 1991/1991, rule. 16(1) (as amended (5.12.2005) by S.I. 2005/2930, Sch. 1 {rule 14})
54 [F2Adjournment and stays]E+W
(1)A magistrates’ court may at any time, whether before or after beginning to hear a complaint, adjourn the hearing, and may do so, notwithstanding anything in this Act, when composed of a single justice.
(2)The court may when adjourning either fix the time and place at which the hearing is to be resumed or, unless it remands the defendant under section 55 below, leave the time and place to be determined later by the court; but the hearing shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 54 heading substituted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 6(a) (with art. 39)
F3S. 54(3)(4) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C3S. 54 applied (with modifications) (1.4.1997) by S.I. 1997/704, rule 5(2)(3)(4)(c)
C4S. 54 applied (with modifications) by S.I. 2010/60, rule 62.16 (as substituted (4.4.2011) by The Criminal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/3026), rules 1, 9, Sch. 2)
C5S. 54 modified (3.10.2011) by The Criminal Procedure Rules 2011 (S.I. 2011/1709), rule 62.16(3)(b)
C6S. 54 modified (1.10.2012) by The Criminal Procedure Rules 2012 (S.I. 2012/1726), rule 62.16(2)(3)(b)
C7S. 54 modified (7.10.2013) by The Criminal Procedure Rules 2013 (S.I. 2013/1554), rule 62.16(2)(3)(b) (with rule 2.1)
C8S. 54 modified (6.10.2014) by The Criminal Procedure Rules 2014 (S.I. 2014/1610), rule 62.16(2)(3)(b) (with rule 2.1)
C9S. 54 modified (5.10.2015) by The Criminal Procedure Rules 2015 (S.I. 2015/1490), rule 48.16(2)(3)
C10S. 54 modified (5.10.2020) by The Criminal Procedure Rules 2020 (S.I. 2020/759), rule 48.16(2)(3)
55 Non-appearance of defendant.E+W
(1)Where at the time and place appointed for the hearing or adjourned hearing of a complaint the complainant appears but the defendant does not, the court may, subject to subsection (3) below, proceed in his absence.
(2)Where the court, instead of proceeding in the absence of the defendant, adjourns, or further adjourns, the hearing, the court may, if the complaint has been substantiated on oath, and subject to the following provisions of this section, issue a warrant for his arrest.
(3)The court shall not begin to hear the complaint in the absence of the defendant or issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint.
(4)Where the defendant fails to appear at an adjourned hearing, the court shall not issue a warrant under this section unless it is satisfied that he has had adequate notice of the time and place of the adjourned hearing.
(5)Where the defendant is arrested under a warrant issued under this section, the court may, on any subsequent adjournment of the hearing, but subject to the provisions of subsection (6) below, remand him.
(6)The court shall not issue a warrant or remand a defendant under this section or further remand him by virtue of section 128(3) below after he has given evidence in the proceedings.
(7)Where the court remands the defendant, the time fixed for the resumption of the hearing shall be that at which he is required to appear or be brought before the court in pursuance of the remand.
(8)A warrant under this section shall not be issued in any proceedings for the recovery or enforcement of a sum recoverable summarily as a civil debt or in proceedings in any matter of bastardy.
F4(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 55(9) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C11S. 55 applied (with modifications) (1.4.1997) by S.I. 1997/704, rule 5(2)(3)(4)(d)(5)
C12S. 55 applied (with modifications) by S.I. 2010/60, rule 62.16 (as substituted (4.4.2011) by The Criminal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/3026), rules 1, 9, Sch. 2)
C13S. 55 modified (3.10.2011) by The Criminal Procedure Rules 2011 (S.I. 2011/1709), rule 62.16(3)(c)
C14S. 55 modified (1.10.2012) by The Criminal Procedure Rules 2012 (S.I. 2012/1726), rule 62.16(2)(3)(c)
C15S. 55 modified (7.10.2013) by The Criminal Procedure Rules 2013 (S.I. 2013/1554), rule 62.16(2)(3)(c) (with rule 2.1)
C16S. 55 excluded by S.I. 2012/2814, Sch. 2 para. 3(2B) (as inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 143(b))
C17S. 55 modified (6.10.2014) by The Criminal Procedure Rules 2014 (S.I. 2014/1610), rule 62.16(2)(3)(c) (with rule 2.1)
C18S. 55 modified (5.10.2015) by The Criminal Procedure Rules 2015 (S.I. 2015/1490), rule 48.16(2)(3)
C19S. 55 modified (5.10.2020) by The Criminal Procedure Rules 2020 (S.I. 2020/759), rule 48.16(2)(3)
C20S. 55(2) restricted by S.I. 1989/438, art. 29(4)
C21S. 55(2) excluded (3.11.1994) by 1994 c. 33, s. 78(6)
C22S. 55(2) excluded (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(4)
C23S. 55(3)(4) applied (with modifications) (25.8.2000) by 2000 c. 6, ss. 65, 168(1), Sch. 7 para. 7(3)
S. 55(3)(4) applied (with modifications) (25.8.2000) by 2000 c. 6, ss. 72, 75, 168(1), Sch. 8 para. 6(3)
56 Non-appearance of complainant.E+W
F5[F6... Where] at the time and place appointed for the hearing or adjourned hearing of a complaint the defendant appears but the complainant does not, the court may dismiss the complaint or, if evidence has been received on a previous occasion, proceed in the absence of the complainant.
Textual Amendments
F5Words in s. 56 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6Words in s. 56 substituted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 8 (with art. 39)
Modifications etc. (not altering text)
C24S. 56 modified by S.I. 2012/2814, Sch. 2 para. 3(2C) (as inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 143(b))
57 Non-appearance of both parties.E+W
F7[F8... Where] at the time and place appointed for the hearing or adjourned hearing of a complaint neither the complainant nor the defendant appears, the court may dismiss the complaint.
Textual Amendments
F7Words in s. 57 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8Words in s. 57 substituted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 9 (with art. 39)
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