Courts Act 1971

Part I — Introductory

The Supreme Court

1

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

Location of sittings and business of High Court

2

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

Abolition of courts of quarter sessions

3

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

Part II — The Crown Court

Establishment of the Crown Court

4

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

Justices as judges of the Crown Court

5

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

Trial on indictment

Exclusive jurisdiction in trial on indictment

6

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

Committal for trial on indictment

7

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

Other jurisdiction

Transfer to Crown Court of quarter sessions jurisdiction

8

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

Appeals to Crown Court

9

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

High Court jurisdiction in Crown Court proceedings

10

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

Trial on indictment and other jurisdiction

Sentences imposed and other decisions made by Crown Court

11

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

Right of audience

12

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

Process to compel appearance before Crown Court

13

• (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

14

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

Crown Court rules

15

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

Part III — Judges

Appointment of Circuit judges

16

• (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

17

• (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

18

• (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

19

• (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

20

• (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

21

• (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

22

• (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

23

• (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

24