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Courts Act 2003

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Courts Act 2003. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview

    1. Part 1: Maintaining the Court System

      Summary

  3. Background

  4. Commentary on Sections: Part 1

    1. The general duty

      1. Section 1: The general duty

    2. Court staff and accommodation

      1. Section 2: Court officers, staff and services

      2. Section 3: Provision of accommodation

    3. Courts boards

      1. Section 4: Establishment of courts boards

        1. Schedule1: Constitution and Procedure of courts boards

      2. Section 5: Functions of Courts Boards

    4. Abolition of magistrates’ courts committees

      1. Section 6: Abolition of magistrates’ courts committees etc.

      2. Schedule 2: Abolition of magistrates’ courts committees: transfers

      3. Part 2: Justices of the Peace

        Summary

  5. Background

    1. The commission of the peace and local justice areas

    2. Places, dates and times of sittings

    3. Justices’ clerks

    4. Fines Officers

    5. Designated officers and magistrates’ courts

    6. Application of receipts of magistrates’ courts etc.

  6. Commentary on Sections: Part 2

    1. The commission of the peace and local justice areas

      1. Section 7: The commission of the peace for England and Wales

      2. Section 8: Local justice areas

    2. Lay Justices

      1. Section 9: Meaning of “lay justice”

      2. Section 10: Appointment of lay justices etc

      3. Section 11: Resignation and removal of lay justices

        Section 12: The supplemental list

        Section 13: Entry of names in the supplemental list

        Section 14: Removal of names from the supplemental list

      4. Section 15: Lay Justices’ Allowances

      5. Section 16: Records of lay justices

    3. Chairman and deputy chairmen and the bench

      1. Section 17: Chairman and deputy chairmen: selection

        Section 18: Rights to preside and size of bench

    4. Supplementary provisions about the bench

      1. Section 19: Training, development and appraisal of lay justices

      2. Section 20: Rules

      3. Section 21: Duty to consult lay justices on matters affecting them etc.

    5. District Judges (Magistrates’ Courts)

      1. Section 22: Appointment etc.

      2. Section 23: Senior District Judge (Chief Magistrate)

      3. Section 24: Deputy District Judges (Magistrates Courts)

      4. Section 25: District Judges (Magistrates’ Courts) as justices of the peace

      5. Section 26: District Judges (Magistrates’ Courts) able to act alone

    6. Justices’ clerks and assistant clerks

      1. Section 27: Justices’ clerks and assistant clerks

      2. Section 28: Functions

      3. Section 29: Independence

    7. Places, dates and times of sittings

      1. Section 30: Places, dates and times of sittings

    8. Protection and indemnification of justices and justices’ clerks

      1. Section 31: Immunity for acts within jurisdiction

        Section 32: Immunity for certain acts beyond jurisdiction

        Section 33:Striking out proceedings where action prohibited

      2. Section 34: Costs in legal proceedings

      3. Section 35: Indemnity

    9. Fines officers and designated officers

      1. Section 36: Fines Officers

      2. Section 37: Designated officers and magistrates’ courts

    10. Application of receipts of magistrates’ courts etc.

      1. Section 38: Application of receipts of designated officers

        Section 39: Limits to requirements about application of receipts

        Section40: Regulations about payments, accounting and banking by designated officers

    11. Miscellaneous

      1. Section 41: Disqualification of justices who are members of local authorities

      2. Section 42: Effect of Act of Settlement on existing justices of the peace

      3. Part 3: Magistrates’ Courts

        Summary

  7. Background

    1. Criminal jurisdiction and procedure

    2. Transfer of criminal proceedings

    3. Civil jurisdiction and procedure

    4. Transfer of civil proceedings (other than family proceedings)

    5. Rulings at pre-trial hearings

    6. Family proceedings courts and youth courts

  8. Commentary on Sections: Part 3

    1. Criminal jurisdiction and procedure

      1. Section 43: Summons or warrant for suspected offender

        Section 44: Trial of summary offences

      2. Section 45: Power to make rulings at pre-trial hearings

        Schedule 3: Pre-trial hearings in magistrates’ courts

      3. Section 46: Power to transfer criminal cases

    2. Civil jurisdiction and procedure

      1. Section 47: Jurisdiction to issue summons and deal with complaints

      2. Section 48: Power to transfer civil proceedings (other than family proceedings)

    3. Family proceedings courts and youth courts

      1. Section 49: Family proceedings courts

      2. Section 50: Youth courts

      3. Part 4: Court Security

        Summary

  9. Background

  10. Commentary on Sections: Part 4

    1. Section 51: Court security officers

    2. Section 52: Powers of search

    3. Section 53: Powers to exclude, remove or restrain persons

    4. Section 54: Surrender and seizure of articles

    5. Section 55: Powers to retain articles surrendered or seized

    6. Section 56: Regulations about retention of articles

    7. Section 57: Assaulting and obstructing court security officers

    8. Part 5: Inspectors of Court Administration

      Summary

  11. Background

  12. Commentary on Sections: Part 5

    1. Section 58: Inspectors of court administration etc

    2. Section 59: Functions of inspectors

    3. Section 60: Functions of Chief Inspector

    4. Section 61: Rights of entry and inspection

    5. Part 6: Judges

      Summary

  13. Background

    1. Head and deputy head of civil justice,

    2. Judicial titles

    3. Judicial deployment

  14. Commentary on Sections: Part 6

    1. Offices, titles, styles etc.

      1. Section 62: Head and Deputy Head of Civil Justice

      2. Section 63: Ordinary judges of the Court of Appeal

      3. Section 64: Power to alter judicial titles

    2. Flexibility in deployment of judicial resources

      1. Section 65: District Judges (Magistrates’ Courts) as Crown Court judges etc.

      2. Schedule 4: Further functions conferred on District Judges (Magistrates’ Courts)

      3. Section 66: Judges having powers of District Judges (Magistrates’ Courts)

      4. Section 67: Removal of restriction on Circuit judges sitting on certain appeals

      5. Part 7: Procedure Rules and Practice Directions

        Summary

  15. Background

    1. The criminal courts

    2. Practice directions

    3. Criminal Procedure Rule Committee

    4. Family Procedure Rules and Directions

    5. Civil Procedure Rule Committee

  16. Commentary on Sections: Part 7

    1. Criminal Procedure Rules and practice directions

      1. Section 68: Meaning of “criminal court”

      2. Section 69: Criminal Procedure Rules

      3. Section 70: Criminal Procedure Rule Committee

      4. Section 71: Power to change certain requirements relating to Committee

      5. Section 72: Process for making Criminal Procedure Rules

      6. Section 73: Power to amend legislation in connection with the rules

      7. Section 74: Practice directions as to practice and procedure of the criminal courts

    2. Family Procedure Rules and Directions

      1. Section 75: Family Procedure Rules

      2. Section 76: Further provision about scope of Family Procedure Rules

      3. Section 77: Family Procedure Rule Committee

      4. Section 78: Power to change certain requirements relating to Committee:

      5. Section 79: Process for making Family Procedure Rules

      6. Section 80: Power to amend legislation in connection with the rules

      7. Section 81: Practice directions relating to family proceedings

    3. Civil Procedure Rules

      1. Section 82: Civil Procedure Rules

      2. Section 83: Civil Procedure Rule Committee

      3. Section 84: Power to change certain requirements relating to Committee

      4. Section 85: Process for making Civil Procedure Rules

      5. Part 8: Miscellaneous

        Summary

  17. Background

    1. Provisions relating to criminal procedure and appeals

      1. Appeals to Court of Appeal: procedural directions

      2. Prosecution appeals from Court of Appeal

      3. Retirement age of the Registrar of Criminal Appeals

    2. Fees, costs and fines

      1. Fees

      2. Award of costs against third parties

      3. Fines

    3. Register of Judgments etc and execution of writs

      1. High Court Writs of Execution

    4. Damages

    5. Provisions relating to Northern Ireland

  18. Commentary

    1. Provisions relating to criminal procedure and appeals

      1. Section 86: Alteration of place fixed for Crown Court trial

      2. Section 87: Appeals to Court of Appeal: Procedural directions

      3. Section 88: Prosecution Appeals from Court of Appeal

      4. Section 89: Retirement of Registrar of Criminal Appeals

      5. Section 90: Appeals to Courts-Martial Appeal Court: procedural directions

      6. Section 91: Extension of time for appeals from Courts-Martial Appeal Court

    2. Fees, costs and fines

      1. Section 92: Fees

      2. Section 93: Award of costs against third parties

      3. Section 94: Award of costs in appeals under Proceeds of Crime Act 2002

      4. Section 95: Fixing of fines: failure to furnish statement of financial circumstances

      5. Section 96: Recovery of fines etc by deductions from income support: failure to provide information.

      6. Section 97: Collection of fines and discharge of fines by unpaid work

      7. Schedule 5: Collection of fines

      8. Part 1: Introductory

      9. Part 2: Immediate payment of fines: discounts

      10. Part 3: Attachment of Earnings Orders and applications for benefit deductions

      11. Part 4: Making of collection orders

      12. Part 5: Discount where collection order made

      13. Part 6: Variation of collection order containing payment terms

      14. Part 7: Effect of first default on collection order containing payment terms

      15. Part 8: Collection orders: operation if attachment of earnings order etc fails

      16. Part 9: Operation of collection orders after increase imposed

      17. Part 10: Supplementary provisions and interpretation

        1. Schedule 6: Discharge of fines by unpaid work

      18. Part 1: Introductory

        1. Register of judgments etc. and execution of writs

          1. Section 98: Register of Judgments and order etc.

          2. Section 99: High Court writs of execution

          3. Schedule 7: High Court writs of execution

    3. Damages

      1. Section 100: Periodical payments

      2. Section 101: Periodical payments: security

    4. Provisions relating to Northern Ireland

      1. Section 102: Power to alter judicial titles: Northern Ireland

      2. Section 103: Official Solicitor of Northern Ireland

      3. Section 104: Alteration of place fixed for Crown Court trial: Northern Ireland

      4. Section 105: Extension of time for criminal appeals to House of Lords: Northern Ireland

      5. Section 106: Fees: Northern Ireland

      6. Part 9: Final Provisions

        Summary

  19. Commentary on Sections: Part 9

    1. Section 107: Interpretation

      Section 108: Rules, regulations and orders

    2. Section 109: Minor and consequential amendments, repeals etc.

    3. Section 110: Commencement

      Section 111: Extent

      Section 112: Short title

  20. Commencement

  21. Hansard References

  22. Glossary of Abbreviations

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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