Courts Act 2003

Flexibility in deployment of judicial resourcesE+W

65District Judges (Magistrates' Courts) as Crown Court judges etc.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).

(3)References in any enactment, instrument or other document to a district judge or deputy district judge do not include—

(a)a District Judge (Magistrates' Courts), or

(b)a Deputy District Judge (Magistrates' Courts).

66Judges having powers of District Judges (Magistrates' Courts)E+W

(1)Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—

(a)criminal causes and matters,F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The offices are—

(a)judge of the High Court;

[F3(aa)Master of the Rolls;

(ab)ordinary judge of the Court of Appeal;

(ac)Senior President of Tribunals;]

(b)deputy judge of the High Court;

(c)Circuit judge;

(d)deputy Circuit judge;

(e)recorder.

[F4(f)Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

(g)judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(h)transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);

(i)deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j)office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);

(k)district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);

(l)deputy district judge appointed under section 102 of the Senior Courts Act 1981;

(m)judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;

(n)transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);

(o)member of a panel of Employment Judges established for England and Wales or for Scotland.]

[F5(2A)A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.]

(3)For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(5) In this section “ qualifying judge advocate ” means—

(a)the Judge Advocate General; or

(b)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(6)Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.]

[F8(7)This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.]

67Removal of restriction on Circuit judges sitting on certain appealsE+W

Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.