Magistrates’ Courts Act 1980

Part I — Criminal Jurisdiction and Procedure

Jurisdiction to issue process and deal with charges

Depositions.

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• (1) On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—

• (a) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or

• (b) a warrant to arrest that person and bring him before a magistrates' court.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) No warrant shall be issued under this section unless the information is in writing . . . .

• (4) No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unless—

• (a) the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or

• (b) the person’s address is not sufficiently established for a summons to be served on him.

• (4A) Where a person who is not a relevant prosecutor authorised to issue requisitions lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions.

• (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4C) Subsection (4A) applies to—

• (a) a qualifying offence which is alleged to have been committed outside the United Kingdom, or

• (b) an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom.

• (4D) In subsection (4C) “qualifying offence” means any of the following—

• (a) piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);

• (b) an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions);

• (c) an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons);

• (d) an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);

• (e) an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc);

• (f) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material);

• (g) an offence under section 134 of the Criminal Justice Act 1988 (torture);

• (h) an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);

• (i) an offence under sections 9 to 14 of that Act (hijacking ships etc);

• (j) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc);

• (k) an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft) or paragraph 2 or 4 of that Schedule (destroying or damaging spacecraft or endangering safety of spacecraft or safety at spaceports).

• (4E) In subsection (4C) “ancillary offence”, in relation to an offence, means—

• (a) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);

• (b) attempting or conspiring to commit the offence.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.

• (7) A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction to deal with charges

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• (1) A magistrates' court has jurisdiction to try any summary offence.

• (2) A magistrates' court has jurisdiction under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of any offence committed by a person who appears or is brought before the court.

• (3) Subject to—

• (a) sections 18 to 22A , and

• (b) any other enactment (wherever contained) relating to the mode of trial of offences triable either way,

a magistrates' court has jurisdiction to try summarily any offence which is triable either way.

• (4) A magistrates' court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence.

• (5) This section does not affect any jurisdiction over offences conferred on a magistrates' court by any enactment not contained in this Act.

Decision as to allocation

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Committal proceedings

General nature of committal proceedings

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• (1) The functions of examining justices may be discharged by a single justice.

• (2) Examining justices shall sit in open court except where any enactment contains an express provision to the contrary and except where it appears to them as respects the whole or any part of committal proceedings that the ends of justice would not be served by their sitting in open court.

• (3) Subject to subsection (4) below, evidence tendered before examining justices shall be tendered in the presence of the accused.

• (4) Examining justices may allow evidence to be tendered before them in the absence of the accused if—

• (a) they consider that by reason of his disorderly conduct before them it is not practicable for the evidence to be tendered in his presence, or

• (b) he cannot be present for reasons of health but is represented by a legal representative and has consented to the evidence being tendered in his absence.

Restriction on grant of bail in treason.

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• (1) A magistrates’ court may, before beginning to inquire into an offence as examining justices, or at any time during the inquiry, adjourn the hearing, and if it does so shall remand the accused.

• (2) The court shall when adjourning fix the time and place at which the hearing is to be resumed; and the time fixed shall be that at which the accused is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.

Discharge or committal for trial

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• (1) A magistrates’ court inquiring into an offence as examining justices shall on consideration of the evidence—

• (a) commit the accused for trial if it is of opinion that there is sufficient evidence to put him on trial by jury for any indictable offence;

• (b) discharge him if it is not of that opinion and he is in custody for no other cause than the offence under inquiry;

but the preceding provisions of this subsection have effect subject to the provisions of this and any other Act relating to the summary trial of indictable offences.

• (2) If a magistrates’ court inquiring into an offence as examining justices is satisfied that all the evidence tendered by or on behalf of the prosecutor falls within section 5A(3) above, it may commit the accused for trial for the offence without consideration of the contents of any statements, depositions or other documents, and without consideration of any exhibits which are not documents, unless—

• (a) the accused or one of the accused has no legal representative acting for him in the case, or

• (b) a legal representative for the accused or one of the accused, as the case may be, has requested the court to consider a submission that there is insufficient evidence to put that accused on trial by jury for the offence;

and subsection (1) above shall not apply to a committal for trial under this subsection.

• (3) Subject to section 4 of the Bail Act 1976 and section 41 below, the court may commit a person for trial—

• (a) in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law, or

• (b) on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial;

and where his release on bail is conditional on his providing one or more surety or sureties and, in accordance with section 8(3) of the Bail Act 1976, the court fixes the amount in which the surety is to be bound with a view to his entering into his recognizance subsequently in accordance with subsections (4) and (5) or (6) of that section the court shall in the meantime commit the accused to custody in accordance with paragraph (a) of this subsection.

• (4) Where the court has committed a person to custody in accordance with paragraph (a) of subsection (3) above, then, if that person is in custody for no other cause, the court may, at any time before his first appearance before the Crown Court, grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before the Crown Court for trial.

• (5) Where a magistrates’ court acting as examining justices commits any person for trial or determines to discharge him, the designated officer for the court shall, on the day on which the committal proceedings are concluded or the next day, cause to be displayed in a part of the court house to which the public have access a notice—

• (a) in either case giving that person’s name, address, and age (if known);

• (b) in a case where the court so commits him, stating the charge or charges on which he is committed and the court to which he is committed;

• (c) in a case where the court determines to discharge him, describing the offence charged and stating that it has so determined;

but this subsection shall have effect subject to section 4 of the Sexual Offences (Amendment) Act 1976 (anonymity of complainant in rape etc. cases).

• (6) A notice displayed in pursuance of subsection (5) above shall not contain the name or address of any person under the age of 18 years unless the justices in question have stated that in their opinion he would be mentioned in the notice apart from the preceding provisions of this subsection and should be mentioned in it for the purpose of avoiding injustice to him.

Application of money found on defaulter to satisfy sum adjudged.

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A magistrates’ court committing a person for trial shall specify the place at which he is to be tried, and in selecting that place shall have regard to—

• (a) the convenience of the defence, the prosecution and the witnesses,

• (b) the expediting of the trial, and

• (c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 4(5) of the Courts Act 1971.

Revocation, variation, etc. of orders for periodical payment.

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• (1) Except as provided by subsections (2), (3) and (8) below, it shall not be lawful to publish in Great Britain a written report, or to include in a relevant programme for receptionin Great Britain a report, of any committal proceedings in England and Wales containing any matter other than that permitted by subsection (4) below.

• (2) Subject to subsection (2A) belowa magistrates’ court shall, on an application for the purpose made with reference to any committal proceedings by the accused or one of the accused, as the case may be, order that subsection (1) above shall not apply to reports of those proceedings.

• (2A) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

• (2B) An order under subsection (2) above shall not apply to reports of proceedings under subsection (2A) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programmebefore the time authorised by subsection (3) below.

• (3) It shall not be unlawful under this section to publish or include in a relevant programmea report of committal proceedings containing any matter other than that permitted by subsection (4) below—

• (a) where the magistrates’ court determines not to commit the accused, or determines to commit none of the accused, for trial, after it so determines;

• (b) where the court commits the accused or any of the accused for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried;

and where at any time during the inquiry the court proceeds to try summarily the case of one or more of the accused under section 25(3) or (7) below, while committing the other accused or one or more of the other accused for trial, it shall not be unlawful under this section to publish or include in a relevant programmeas part of a report of the summary trial, after the court determines to proceed as aforesaid, a report of so much of the committal proceedings containing any such matter as takes place before the determination.

• (4) The following matters may be contained in a report of committal proceedings published or included in a relevant programmewithout an order under subsection (2) above before the time authorised by subsection (3) above, that is to say—

• (a) the identity of the court and the names of the examining justices;

• (b) the names, addresses and occupations of the parties and witnesses and the ages of the accused and witnesses;

• (c) the offence or offences, or a summary of them, with which the accused is or are charged;

• (d) the names of the legal representativesengaged in the proceedings;

• (e) any decision of the court to commit the accused or any of the accused for trial, and any decision of the court on the disposal of the case of any accused not committed;

• (f) where the court commits the accused or any of the accused for trial, the charge or charges, or a summary of them, on which he is committed and the court to which he is committed;

• (g) where the committal proceedings are adjourned, the date and place to which they are adjourned;

• (h) any arrangements as to bail on committal or adjournment;

• (i) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (5) If a report is published or included in a relevant programme in contravention of this section, the following persons, that is to say—

• (a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

• (b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

• (c) in the case of the inclusion of a report in a relevant programme, any body corporate which provides the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (6) Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney-General.

• (7) Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports and proceedings of magistrates’ and other courts.

• (8) For the purposes of this section committal proceedings shall, in relation to an information charging an indictable offence, be deemed to include any proceedings in the magistrates’ court before the court proceeds to inquire into the information as examining justices; but where a magistrates’ court which has begun to try an information summarily discontinues the summary trial in pursuance of section 25(2) or (6) below and proceeds to inquire into the information as examining justices, that circumstance shall not make it unlawful under this section for a report of any proceedings on the information which was published or included in a relevant programme before the court determined to proceed as aforesaid to have been so published or included in a relevant programme.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public.

• “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).

Summary trial of information

Supervision pending payment.

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• (1) On the summary trial of an information, the court shall, if the accused appears, state to him the substance of the information and ask him whether he pleads guilty or not guilty.

• (2) The court, after hearing the evidence and the parties, shall convict the accused or dismiss the information.

• (3) If the accused pleads guilty, the court may convict him without hearing evidence.

Complaint for arrears.

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