Magistrates’ Courts Act 1980

by the Parliament of the United Kingdom

Layout 2

Magistrates’ Courts Act 1980

CHAPTER 43

ARRANGEMENT OF SECTIONS

Part I Criminal Jurisdiction and Procedure
Jurisdiction to issue process and deal with charges
Section
1.	Issue of summons to accused or warrant for his arrest.
2.	Jurisdiction to deal with charges.
3.	Offences committed on boundaries, etc.
Committal proceedings
4.	General nature of committal proceedings.
5.	Adjournment of inquiry.
6.	Discharge or committal for trial.
7.	Place of trial on indictment.
8.	Restrictions on reports of committal proceedings.
Summary trial of information
9.	Procedure on trial.
10.	Adjournment of trial.
11.	Non-appearance of accused: general provisions.
12.	Non-appearance of accused: plea of guilty.
13.	Non-appearance of accused: issue of warrant.
14.	Proceedings invalid where accused did not know of them.
15.	Non-appearance of prosecutor.
16.	Non-appearance of both parties.
Offences triable on indictment or summarily
17.	Certain offences triable either way.
18.	Initial procedure on information against adult for offence triable either way.
19.	Court to begin by considering which mode of trial appears more suitable.
20.	Procedure where summary trial appears more suitable.
21.	Procedure where trial on indictment appears more suitable.
22.	Certain offences triable either way to be tried summarily if value involved is small.
23.	Power of court, with consent of legally represented accused, to proceed in his absence.
24.	Summary trial of information against child or young person for indictable offence.
25.	Power to change from summary trial to committal proceedings, and vice versa.
26.	Power to issue summons to accused in certain circumstances.
27.	Effect of dismissal of information for offence triable either way.
28.	Using in summary trial evidence given in committal proceedings.
Power to remit person under 17 for trial to juvenile court
29.	Power of magistrates’ court to remit a person under 17 for trial to a juvenile court in certain circumstances.
Remand for medical examination
30.	Remand for medical examination.
Powers in respect of offenders
31.	General limit on power of magistrates’ court to impose imprisonment.
32.	Penalties on summary conviction for offences triable either way.
33.	Maximum penalties on summary conviction in pursuance of section 22.
34.	Mitigation of penalties, etc.
35.	Fixing amount of fine.
36.	Restriction on fines in respect of young persons.
37.	Committal to Crown Court with a view to borstal sentence.
38.	Committal for sentence on summary trial of offence triable either way.
39.	Cases where magistrates’ court may remit offender to another such court for sentence.
40.	Restriction on amount payable under compensation order of magistrates’ court.
Miscellaneous
41.	Restriction on grant of bail in treason.
42.	Restriction on justices sitting after dealing with bail.
43.	Bail on arrest without warrant.
44.	Aiders and abettors.
45.	Incitement.
46.	Corporations.
47.	Service of summons out of time after failure to prove service by post.
48.	Return of property taken from accused.
49.	Taking of finger-prints.
50.	Construction of references to complaint in enactments dealing with offences.
Part II Civil Jurisdiction and Procedure
Jurisdiction to issue summons and deal with complaints
51.	Issue of summons on complaint.
52.	Jurisdiction to deal with complaints.
Hearing of complaint
53.	Procedure on hearing.
54.	Adjournment.
55.	Non-appearance of defendant.
56.	Non-appearance of complainant.
57.	Non-appearance of both parties.
Civil debt
58.	Money recoverable summarily as civil debt.
Orders for periodical payment
59.	Periodical payment through justices’ clerk.
60.	Revocation, variation, etc., of orders for periodical payment.
61.	Periodical payments payable by one person under more than one order.
Payments to children
62.	Provisions as to payments required to be made to a child, etc.
Orders other than for payment of money
63.	Orders other than for payment of money.
Costs
63.	Power to award costs and enforcement of costs.
Domestic proceedings
65.	Meaning of domestic proceedings.
66.	Composition of magistrates’ courts for domestic proceedings: general.
67.	Domestic courts and panels.
68.	Combined domestic court panels.
69.	Sittings of magistrates’ courts for domestic proceedings.
70.	Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
71.	Newspaper reports of domestic proceedings.
72.	Report by probation officer on means of parties.
73.	Examination of witnesses by court.
74.	Reasons for decisions in domestic proceedings.
Part III Satisfaction and Enforcement
General provisions
75.	Power to dispense with immediate payment.
76.	Enforcement of sums adjudged to be paid.
77.	Postponement of issue of warrant.
78.	Defect in distress warrant and irregularity in its execution.
79.	Release from custody and reduction of detention on payment.
80.	Application of money found on defaulter to satisfy sum adjudged.
Sums adjudged to be paid by a conviction
81.	Enforcement of fines imposed on young offenders.
82.	Restriction on power to impose imprisonment for default.
83.	Process for securing attendance of offender for purposes of section 82.
84.	Power to require statement of means.
85.	Power to remit fine.
86.	Power of magistrates’ court to fix day for appearance of offender at means inquiry etc.
87.	Enforcement of payment of fines by High Court and county court.
88.	Supervision pending payment.
89.	Transfer of fine order.
90.	Transfer of fines to Scotland or Northern Ireland.
91.	Transfer of fines from Scotland or Northern Ireland.
Sums adjudged to be paid by an order
92.	Restriction on power to impose imprisonment for default.
93.	Complaint for arrears.
94.	Effect of committal on arrears.
95.	Power to remit arrears.
96.	Civil debt: complaint for non-payment.
Part IV Witnesses and Evidence
Procuring attendance of witness
97.	Summons to witness and warrant for his arrest.
Evidence generally
98.	Evidence on oath.
99.	Proof of non-payment of sum adjudged.
100.	Statement of wages to be evidence.
101.	Onus of proving exceptions, etc.
Evidence in criminal cases
102.	Written statements before examining justices.
103.	Evidence of children in committal proceedings for sexual offences.
104.	Proof of previous convictions.
105.	Deposition of person dangerously ill.
Offences
106.	False written statements tendered in evidence.
107.	False statements in declaration proving service, etc.
Part V Appeal and Case Stated
Appeal
108.	Right of appeal to the Crown Court.
109.	Abandonment of appeal.
110.	Enforcement of decision of the Crown Court.
Case stated
111.	Statement of case by magistrates’ court.
112.	Effect of decision of High Court on case stated by magistrates’ court.
Supplemental provisions as to appeal and case stated
113.	Bail on appeal or case stated.
114.	Recognizances and fees on case stated.
Part VI Recognizances
Recognizances to keep the peace or be of good behaviour
115.	Binding over to keep the peace or be of good behaviour.
116.	Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.
Other provisions
117.	Warrant endorsed for bail.
118.	Varying or dispensing with requirement as to sureties.
119.	Postponement of taking recognizance.
120.	Forfeiture of recognizance.
Part VII Miscellaneous and Supplementary
Constitution and place of sitting of magistrates’ courts
121.	Constitution and place of sitting of court.
Appearance by counsel or solicitor
122.	Appearance by counsel or solicitor.
Process
123.	Defect in process.
124.	Process valid notwithstanding death, etc., of justice.
125.	Warrants.
126.	Execution of certain warrants outside England and Wales.
Limitation of time
127.	Limitation of time.
Remand
128.	Remand in custody or on bail.
129.	Further remand.
130.	Transfer of remand hearings.
131.	Remand of accused already in custody.
Restrictions on imprisonment
132.	Minimum term.
133.	Consecutive terms of imprisonment.
Detention for short periods
134.	Detention in police cells, etc.
135.	Detention of offender for one day in court-house or police station.
136.	Committal to custody overnight at police station for non-payment of sum adjudged by conviction.
Fees, fines, forfeitures, etc.
137.	Fees.
138.	Remission of fees.
139.	Disposal of sums adjudged to be paid by conviction.
140.	Disposal of non-pecuniary forfeitures.
Clerks to justices
141.	Clerks to justices.
Power to rectify mistakes etc.
142.	Power of magistrates’ court to re-open cases to rectify mistakes etc.
Power to alter sums specified in certain provisions
143.	Power to alter sums specified in certain provisions.
Rules
144.	Rule committee and rules of procedure.
145.	Rules: supplementary provisions.
Rules about juvenile courts
146.	Rules relating to juvenile court panels and composition of juvenile courts.
Occasional court-houses
147.	Occasional court-house.
Interpretation
148.	“Magistrates’ court”.
149.	Isles of Scilly.
150.	Interpretation of other terms.
Miscellaneous
151.	Application of Act to distress for rates.
152.	Saving for juvenile courts.
153.	Magistrates’ court may sit on Sundays and public holidays.
Repeals, short title, etc.
154.	Consequential amendments, transitional provisions, repeals, etc.
155.	Short title, extent and commencement.
	Schedules:
	Schedule 1—Offences triable either way by virtue of section 17.
	Schedule 2—Offences for which the value involved is relevant to the mode of trial.
	Schedule 3—Corporations.
	Schedule 4—Maximum periods of imprisonment in default of payment.
	Schedule 5—Transfer of remand hearings.
	Schedule 6—Fees:
	Part I—Fees to be taken by clerks to justices.
	Part II—Matters in respect of which no fees are chargeable.
	Part III—Matters to which Part I does not apply.
	Schedule 7—Consequential amendments.
	Schedule 8—Transitional provisions and savings.
	Schedule 9—Repeals.