Justices of the Peace Act 1997 (repealed)

Part I — Commissions of the peace and petty sessions areas

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• (1) England and Wales shall be divided into areas for each of which there shall be a commission of the peace.

• (2) The areas shall be as specified by the Lord Chancellor by order made by statutory instrument; but a commission area may not consist of an area partly within and partly outside Greater London.

• (3) An area for which there is a commission of the peace shall be known as a commission area.

London commission areas

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• (1) In this Act “London commission area” means, subject to the provisions of subsections (3) to (5) below, any of the areas specified in Schedule 2 to this Act.

• (2) The area specified in Part I of that Schedule is the inner London area; and the areas whose names are listed in Part II of that Schedule are in this Act referred to as the “outer London areas”.

• (3) Her Majesty may by Order in Council substitute for any one or more of the areas specified in that Schedule any other area or areas comprising the whole or part of Greater London, or alter the boundaries of any area so specified; but the City of London shall not by virtue of any such Order be included in a London commission area.

• (4) An Order in Council made under this section may contain such incidental, consequential, transitional or supplementary provisions as may be necessary or expedient for the purposes of the Order (including provisions amending this Act or any other enactment).

• (5) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General form of commissions of the peace

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The commission of the peace for any commission area shall be a commission under the Great Seal addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for the commission area.

Petty sessions areas

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• (1) England and Wales shall also be divided into areas known as petty sessions areas.

• (2) The areas and their names shall be as specified by the Lord Chancellor by order made by statutory instrument.

• (3) Each petty sessions area shall consist of either—

• (a) the whole of a commission area; or

• (b) an area wholly included within a commission area.

Part II — Justices of the peace

Justices other than District Judges (Magistrates’ Courts)

Appointment and removal of justices of the peace

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• (1) Subject to the following provisions of this Act, justices of the peace for any commission area shall be appointed by the Lord Chancellor by instrument on behalf and in the name of Her Majesty and a justice so appointed may be removed from office in like manner.

• (2) Subsection (1) above—

• (a) does not apply to District Judges (Magistrates’ Courts); . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residence qualification

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• (1) Subject to the provisions of this section, a person shall not be appointed as a justice of the peace for a commission area in accordance with section 5 above, nor act as a justice of the peace by virtue of any such appointment, unless he resides in or within 15 miles of that area.

• (1A) If a person who is the Lord Mayor or an alderman of the City of London is appointed in accordance with section 5 above as a justice of the peace for a commission area including the City of London, subsection (1) above shall not apply in relation to his appointment as a justice of the peace for that area so long as he holds either of those offices.

• (2) If the Lord Chancellor is of the opinion that it is in the public interest for a person to act as a justice of the peace for a particular area though not qualified to do so under subsection (1) above, he may direct that, so long as any conditions specified in the direction are satisfied, that subsection shall not apply in relation to that person’s appointment as a justice of the peace for the area so specified.

• (3) Where a person appointed as a justice of the peace for a commission area in accordance with section 5 above is not qualified under the preceding provisions of this section to act by virtue of the appointment, he shall be removed from office as a justice of the peace in accordance with that section if the Lord Chancellor is of the opinion that the appointment ought not to continue having regard to the probable duration and other circumstances of the lack of qualification.

• (4) No act or appointment shall be invalidated by reason only of the disqualification or lack of qualification under this section of the person acting or appointed.

Supplemental list for England and Wales

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• (1) There shall be kept in the office of the Clerk of the Crown in Chancery a supplemental list for England and Wales as provided for by this Act (in this Act referred to as “the supplemental list”).

• (2) Subject to the following provisions of this section, there shall be entered in the supplemental list—

• (a) the name of any justice of the peace who has attained the age of 70 and neither holds nor has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876; and

• (b) the name of any justice of the peace who holds or has held such office and has attained the age of 75.

• (3) A person who, on the date when his name falls to be entered in the supplemental list in accordance with subsection (2) above, holds office as chairman of the justices for a petty sessions area . . . shall have his name so entered on the expiry or earlier determination of the term for which he holds office on that date.

• (4) The Lord Chancellor may direct that the name of a justice of the peace for any area shall be entered in the supplemental list if the Lord Chancellor is satisfied either—

• (a) that by reason of the justice’s age or infirmity or other similar cause it is expedient that he should cease to exercise judicial functions as a justice for that area; or

• (b) that the justice declines or neglects to take a proper part in the exercise of those functions.

• (5) On a person’s appointment as a justice of the peace for any area the Lord Chancellor may direct that his name shall be entered in the supplemental list if that person is appointed a justice for that area on ceasing to be a justice for some other area.

• (6) The name of a justice of the peace shall be entered in the supplemental list if he applies for it to be so entered and the application is approved by the Lord Chancellor.

• (7) Nothing in this section applies to a person holding office as District Judge (Magistrates’ Courts).

Removal of name from supplemental list

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• (1) A person’s name shall be removed from the supplemental list if—

• (a) he ceases to be a justice of the peace; or

• (b) the Lord Chancellor so directs.

• (2) Subsection (1)(b) above does not apply where the person’s name is required to be entered in the supplemental list by section 7(2) or (3) above.

Effect of entry of name in supplemental list

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• (1) Subject to the provisions of this section, a justice of the peace for any area, while his name is entered in the supplemental list, shall not by reason of being a justice for that area be qualified as a justice to do any act or to be a member of any committee or other body.

• (2) Subsection (1) above does not preclude a justice from doing all or any of the following acts as a justice, namely—

• (a) signing any document for the purpose of authenticating another person’s signature;

• (b) taking and authenticating by his signature any written declaration not made on oath; and

• (c) giving a certificate of facts within his knowledge or of his opinion as to any matter.

• (3) The entry of a person’s name in the supplemental list does not preclude him, if so authorised by the Lord Chancellor, from acting as a judge of the Crown Court so long as he has not attained the age of 72.

• (4) No act or appointment shall be invalidated by reason of the disqualification under this section of the person acting or appointed.

Travelling, subsistence and financial loss allowances

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• (1) Subject to the provisions of this section, a justice of the peace shall be entitled—

• (a) to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice; and

• (b) to receive payments by way of financial loss allowance where for that performance he incurs any other expenditure to which he would not otherwise be subject or he suffers any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received.

• (2) For the purposes of this section a justice following a training course under a scheme made in accordance with arrangements approved by the Lord Chancellor, or a training course provided by the Lord Chancellor, shall be treated as acting in the performance of his duties as a justice.

• (3) A justice shall not be entitled to any payment under this section in respect of any duties if—

• (a) in respect of those duties a payment of the like nature may be paid to him under arrangements made apart from this section; or

• (b) regulations provide that this section shall not apply.

• (4) A District Judge (Magistrates’ Courts) shall not be entitled to any payment under this section in respect of his duties as such.

• (5) Allowances payable under this section shall be paid at rates determined by the Lord Chancellor with the consent of the Treasury.

• (6) An allowance payable under this section shall be paid—

• (a) in the case of an allowance payable in respect of duties as a justice in the Crown Court, by the Lord Chancellor; and

• (b) in the case of an allowance otherwise payable to a justice for any commission area in respect of his duties as such, by the appropriate authority.

• (7) In subsection (6)(b) above, “the appropriate authority”means, in relation to a justice for a commission area consisting wholly or partly of Greater London, the Greater London Magistrates’ Courts Authority, and in relation to any other justice—

• (a) the council of the local government area which consists of or includes the petty sessions area for which he acts; or

• (b) where he acts for a petty sessions area which is partly included in two or more local government areas, the councils of those local government areas.

• (8) In subsection (7) above “local government area” means—

• (a) in relation to England, . . . a metropolitan district, a non-metropolitan county for which there is a council or a unitary district; and

• (b) in relation to Wales, a county or a county borough;

. . .

• (9) Where by virtue of subsection (7)(b) above an allowance under this section is payable jointly by two or more councils the manner in which it is to be borne by each of them shall be determined by agreement between them or, in default of agreement, by the Lord Chancellor.

• (10) Regulations may make provision as to the manner in which this section is to be administered, and in particular—

• (a) for prescribing the forms to be used and the particulars to be provided for the purpose of claiming payment of allowances; and

• (b) for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

• (11) Regulations for the purposes of this section shall be made by the Lord Chancellor by statutory instrument.

• (12) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Stipendiary magistrates

Appointment and removal of stipendiary magistrates

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• (1) Her Majesty may appoint a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be, during Her Majesty’s pleasure, a whole-time stipendiary magistrate in any commission area or areas outside the inner London area and the City of London, and may appoint more than one such magistrate in the same area or areas.

• (2) A person so appointed to be a stipendiary magistrate in any commission area shall by virtue of his office be a justice of the peace for that area.

• (3) Any stipendiary magistrate appointed under this section—

• (a) shall be a person recommended to Her Majesty by the Lord Chancellor; and

• (b) shall not be removed from office except on the Lord Chancellor’s recommendation.

• (4) The number of stipendiary magistrates appointed under this section shall not at any time exceed 50 or such other number (which is not less than 40) as Her Majesty may from time to time by Order in Council specify.

• (5) No Order in Council may be made under subsection (4) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House.

Retirement of stipendiary magistrates

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• (1) A stipendiary magistrate appointed on or after 31st March 1995 shall vacate his office on the day on which he attains the age of 70.

• (2) A stipendiary magistrate appointed before 31st March 1995 shall vacate his office at the end of the completed year of service in the course of which he attains the age of 70.

• (3) Subsections (1) and (2) above are subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75) and to section 27 of that Act (completion of proceedings) and Schedule 7 to that Act (transitional provisions).

Acting stipendiary magistrate

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• (1) Where it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in the administration of justice in any commission area in which a stipendiary magistrate can be appointed under section 11 above, the Lord Chancellor—

• (a) may authorise any person qualified to be so appointed to act as a stipendiary magistrate in that area during such period (not exceeding three months at one time) as the Lord Chancellor thinks fit; or

• (b) may require so to act any stipendiary magistrate appointed under that section in another commission area.

• (2) While acting as a stipendiary magistrate in any commission area under subsection (1) above, a person shall have the same jurisdiction, powers and duties as if he had been appointed stipendiary magistrate in that area and were a justice of the peace for that area.

• (3) Part V of this Act applies to a person acting as a stipendiary magistrate under subsection (1) above as it applies to a stipendiary magistrate.

• (4) The Lord Chancellor may pay to any person who is authorised to act under this section and is not a stipendiary magistrate such remuneration as he may, with the approval of the Treasury, determine.

Place of sitting and powers of stipendiary magistrates

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• (1) A stipendiary magistrate appointed under section 11 above in any commission area shall sit at such court-houses in the area, on such days and at such times as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.

• (2) A stipendiary magistrate appointed under section 11 above, sitting in a place appointed for the purpose, shall have power—

• (a) to do any act; and

• (b) to exercise alone any jurisdiction,

which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.

• (3) Subsection (2) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.

• (4) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of such a stipendiary magistrate.

• (5) Subsections (2) and (4) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.

• (6) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before such a stipendiary magistrate at the place appointed for his sitting.

• (7) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.

Certain restrictions on magistrates' courts not to apply to stipendiary magistrates

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• (1) Subject to subsection (2) below, nothing in the Magistrates’ Courts Act 1980—

• (a) requiring a magistrates’ court—

• (i) to be composed of two or more justices; or

• (ii) to sit in a petty sessional court-house or an occasional court-house; or

• (b) limiting the powers of a magistrates’ court—

• (i) when composed of a single justice; or

• (ii) when sitting elsewhere than in a petty sessional court-house,

shall apply to any stipendiary magistrate sitting in a place appointed for the purpose.

• (2) Subsection (1) above does not apply to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.

Metropolitan stipendiary magistrates

Appointment, removal and retirement of metropolitan stipendiary magistrates

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• (1) Metropolitan stipendiary magistrates shall be appointed by Her Majesty, and Her Majesty shall from time to time appoint such number of persons as is necessary; but the number of metropolitan stipendiary magistrates shall not at any time exceed 60 or such larger number as Her Majesty may from time to time by Order in Council specify.