Magistrates ’ Courts Act 1980
1980 c. 43
An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates
’ courts and the functions of
justices
’ clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission.
[1st August 1980]
Part I
Criminal Jurisdiction and Procedure
Jurisdiction to issue process and deal with charges
1. Issue of summons to accused or warrant for his arrest.
— (1) Upon an information being laid before a justice of the peace for an area to which this section applies that any person has, or is suspected of having, committed an offence,
the justice may, in any of the events mentioned in subsection (2) below, but subject to subsections (3) to (5) below,
— (a)
issue a summons directed to that person requiring him to appear before a magistrates ’ court for the area to answer to the information, or
(b)
issue a warrant to arrest that person and bring him before a magistrates ’ court for the area or such magistrates ’ court as is provided in subsection (5)
below.
(2) A justice of the peace for an area to which this section applies may issue a summons or warrant under this section — (a)
if the offence was committed or is suspected to have been committed within the area, or
(b)
if it appears to the justice necessary or expedient, with a view to the better administration of justice, that the person charged should be tried jointly with, or in the
same place as, some other person who is charged with an offence, and who is in custody, or is being or is to be proceeded against, within the area, or
(c)
if the person charged resides or is, or is believed to reside or be, within the area, or
(d)
if under any enactment a magistrates ’ court for the area has jurisdiction to try the offence, or
(e)
if the offence was committed outside England and Wales and, where it is an offence exclusively punishable on summary conviction, if a magistrates court for the area would
have jurisdiction to try the offence if the offender were before it.
(3) No warrant shall be issued under this section unless the information is in writing and substantiated on oath.
(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.
(5) Where the offence charged is not an indictable offence — (a)
no summons shall be issued by virtue only of paragraph (c) of subsection (2) above, and
(b)
any warrant issued by virtue only of that paragraph shall require the person charged to be brought before a magistrates ’ court having jurisdiction to try the
offence.
(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) The areas to which this section applies are [ commission areas ] . 2. Jurisdiction to deal with charges.
— (1) A magistrates
’ court for
[ a commission area . . . ]
shall have jurisdiction to try all summary offences committed within
[ the commission area ] .
. ..
(2) Where a person charged with a summary offence appears or is brought before a magistrates ’ court in answer to a summons issued under paragraph (b) of secion 1(2) above,
or under a warrant issued under that paragraph, the court shall have jurisdiction to try the offence.
(3) A magistrates ’ court for [ a commission area . . . ]
shall have jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court, whether or not the offence was committed within [ the
commission area ] . . ..
(4) Subject to sections 18 to 22 below and any other enactment (wherever contained) relating to the mode of trial of offences triable either way, a magistrates ’ court
shall have jurisdiction to try summarily an offence triable either way in any case in which under subsection (3) above it would have jurisdiction as examining justices.
(5) A magistrates ’ court shall, in the exercise of its powers under section 24 below, have jurisdiction to try summarily an indictable offence in any case in which under
subsection (3) above it would have jurisdiction as examining justices.
(6) A magistrates ’ court for any area by which a person is tried for an offence shall have jurisdiction to try him for any summary offence for which he could be tried by a
magistrates ’ court for any other area.
(7) Nothing in this section shall affect any jurisdiction over offences conferred on a magistrates ’ court by any enactment not contained in this Act. 3. Offences committed on boundaries, etc.
— (1) Where an offence has been committed on the boundary between two or more areas to which this section applies, or within 500 yards of such a boundary, or in any harbour,
river, arm of the sea or other water lying between two or more such areas, the offence may be treated for the purposes of the preceding provisions of this Act as having been
committed in any of those areas.
(2) An offence begun in one area to which this section applies and completed in another may be treated for the purposes of the preceding provisions of this Act as having been
wholly committed in either.
(3) Where an offence has been committed on any person, or on or in respect of any property, in or on a vehicle or vessel engaged on any journey or voyage through two or more
areas to which this section applies, the offence may be treated for the purposes of the preceding provisions of this Act as having been committed in any of those areas; and where
the side or any part of a road or any water along which the vehicle or vessel passed in the course of the journey or voyage forms the boundary between two or more areas to which
this section applies, the offence may be treated for the purposes of the preceding provisions of this Act as having been committed in any of those areas.
(4) The areas to which this section applies are [ commission areas ] . [ 3A. Offences committed on ships and abroad.
Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law
of England and Wales as they apply in relation to offences under that Act or instruments under that Act. ] Committal proceedings
5. Adjournment of inquiry.
— (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 ] . 5A. Evidence which is admissible.
— (1) Evidence falling within subsection (2) below, and only that evidence, shall be admissible by a magistrates
’ court inquiring into an offence as examining
justices.
(2) Evidence falls within this subsection if it — (a)
is tendered by or on behalf of the prosecutor, and
(b)
falls within subsection (3) below.
(3) The following evidence falls within this subsection — (a)
written statements complying with section 5B below;
(b)
the documents or other exhibits (if any) referred to in such statements;
(c)
depositions complying with section 5C below;
(d)
the documents or other exhibits (if any) referred to in such depositions;
(e)
statements complying with section 5D below;
(f)
documents falling within section 5E below.
(4) In this section “ document ” means anything in which information of any description is recorded. 5B. Written statements.
— (1) For the purposes of section 5A above a written statement complies with this section if
— (a)
the conditions falling within subsection (2) below are met, and
(b)
such of the conditions falling within subsection (3) below as apply are met.
(2) The conditions falling within this subsection are that — (a)
the statement purports to be signed by the person who made it;
(b)
the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it
were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;
(c)
before the statement is tendered in evidence a copy of the statement is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings.
(3) The conditions falling within this subsection are that — (a)
if the statement is made by a person under 18 years old, it gives his age;
(b)
if it is made by a person who cannot read it, it is read to him before he signs it and is accompanied by a declaration by the person who so read the statement to the effect
that it was so read;
(c)
if it refers to any other document as an exhibit, the copy given to any other party to the proceedings under subsection (2)(c) above is accompanied by a copy of that
document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it.
(4) So much of any statement as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the
court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.
(5) Any document or other object referred to as an exhibit and identified in a statement admitted in evidence by virtue of this section shall be treated as if it had been
produced as an exhibit and identified in court by the maker of the statement.
(6) In this section “ document ” means anything in which information of any description is recorded. 5C. Depositions.
— (1) For the purposes of section 5A above a deposition complies with this section if
— (a)
a copy of it is sent to the prosecutor under section 97A(9) below,
(b)
the condition falling within subsection (2) below is met, and
(c)
the condition falling within subsection (3) below is met, in a case where it applies.
(2) The condition falling within this subsection is that before the magistrates ’ court begins to inquire into the offence concerned as examining justices a copy of the
deposition is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings.
(3) The condition falling within this subsection is that, if the deposition refers to any other document as an exhibit, the copy given to any other party to the proceedings
under subsection (2) above is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or
a copy of it.
(4) So much of any deposition as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the
court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any deposition as is not read aloud.
(5) Any document or other object referred to as an exhibit and identified in a deposition admitted in evidence by virtue of this section shall be treated as if it had been
produced as an exhibit and identified in court by the person whose evidence is taken as the deposition.
(6) In this section “ document ” means anything in which information of any description is recorded. 5E. Other documents.
— (1) The following documents fall within this section
— (a)
any document which by virtue of any enactment is evidence in proceedings before a magistrates ’ court inquiring into an offence as examining justices;
(b)
any document which by virtue of any enactment is admissible, or may be used, or is to be admitted or received, in or as evidence in such proceedings;
(c)
any document which by virtue of any enactment may be considered in such proceedings;
(d)
any document whose production constitutes proof in such proceedings by virtue of any enactment;
(e)
any document by the production of which evidence may be given in such proceedings by virtue of any enactment.
(2) In subsection (1) above — (a)
references to evidence include references to prima facie evidence;
(b)
references to any enactment include references to any provision of this Act.
(3) So much of any document as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the
court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any document as is not read aloud.
(4) In this section “ document ” means anything in which information of any description is recorded. 5F. Proof by production of copy.
— (1) Where a statement, deposition or document is admissible in evidence by virtue of section 5B, 5C, 5D or 5E above it may be proved by the production of
— (a)
the statement, deposition or document, or
(b)
a copy of it or the material part of it.
(2) Subsection (1)(b) above applies whether or not the statement, deposition or document is still in existence.
(3) It is immaterial for the purposes of this section how many removes there are between a copy and the original.
(4) In this section “ copy ” , in relation to a statement, deposition or document, means anything onto which information recorded in
the statement, deposition or document has been copied, by whatever means and whether directly or indirectly. ] 7. Place of trial on indictment.
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.
8. Restrictions on reports of commital proceedings.
— (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 reception ] in 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) below ] a 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 programme ] before the
time authorised by subsection (3) below. ]
(3) It shall not be unlawful under this section to publish [ or include in a relevant programme ] a
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 programme ] as 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
programme ] without 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 representatives ] engaged 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;
whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused. ]
(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;
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). ] 9. Procedure on trial.
— (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. 10. — (1) A magistrates
’ court may at any time, whether before or after beginning to try an information, adjourn the trial, and may do so, notwithstanding anything in this Act,
when composed of a single justice.
(2) The court may when adjourning either fix the time and place at which the trial is to be resumed, or, unless it remands the accused, leave the time and place to be determined
later by the court; but the trial shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.
(3) A magistrates ’ court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case, exercise its power to
adjourn after convicting the accused and before sentencing him or otherwise dealing with him; but, if it does so, the adjournment shall not be for more than 4 weeks at a time
unless the court remands the accused in custody and, where it so remands him, the adjournment shall not be for more than 3 weeks at a time.
[ (3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact — (a)
that the court commits the accused for trial for another offence; or
(b)
that the accused is charged with another offence. ]
(4) On adjourning the trial of an information the court may remand the accused and, where the accused has attained [ the age of
18 years ] , shall do so if the offence is triable either way and — (a)
on the occasion on which the accused first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail,
surrendered to the custody of the court; or
(b)
the accused has been remanded at any time in the course of proceedings on the information;
and, where the court remands the accused, the time fixed for the resumption of the trial shall be that at which he 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 ] . 11. Non-appearance of accused: general provisions.
— (1) Subject to the provisions of this Act, where at the time and place appointed for the trial or adjourned trial of an information the prosecutor appears but the accused does not, the court may proceed in his absence.
(2) Where a summons has been issued, the court shall not begin to try the information in the absence of the accused unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial or the accused has appeared on a previous occasion to answer to the information.
(3) A magistrates ’ court shall not in a person ’ s absence sentence him to imprisonment or detention in a detention centre or make [ a [ detention and training order ] or ] an order under [ section 119 of the Powers of Criminal Courts (Sentencing) Act 2000 ] that a suspended sentence passed on him shall take effect.
(4) A magistrates ’ court shall not in a person ’ s absence impose any disqualification on him, except on resumption of the hearing after an adjournment under section 10(3) above; and where a trial is adjourned in pursuance of this subsection the notice required by section 10(2) above shall include notice of the reason for the adjournment.
Act extended (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 47(3)
Act extended (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 129( b )
Act extended (N.I.) by Insurance Companies Act 1982 (c. 50, SIF 67), s. 14(3)
Act modified (11.3.1999) by S.I. 1999/450, art. 140
Act excluded (1.4.2000) by 1999 c. 22, s. 21(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(i)
Act excluded (31.8.2000) by 1997 c. 25, s. 10E (as substituted (31.8.2000) by 1999 c. 22, s. 78(1),(with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a))
Act applied (E.)(1.4.2000) by S.I. 2000/227, reg. 8(1)
Act applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 27(2), 76(2), (with ss. 67(3)(5)(8), 72(6), 74(3)(4))
Act applied by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 81(7), Sch. 3 para. 1(2)
Act applied (E.W.) (21.10.2002) by 2001 c. 3, s. 6(3); S.I. 2002/1914, art. 2
Act applied (E.W.) (1.12.2002 for certain purposes, otherwise 1.1.2003) by 2001 c. 3, s. 23(3); S.I. 2002/2957, arts. 2, 3
Act applied (E.W.) (1.12.2001) by 2001 c. 16, s. 20(7); S.I. 2001/3736, art. 2(a)
Act applied (E.W.) (1.12.2001) by 2001 c. 16, s. 23(5); S.I. 2001/3736, art. 2(a)
Act applied (W.) (1.7.2001) by S.I. 2001/2197, s. 8(1)
Act applied (15.8.2002) by S.I. 2002/1998 art. 16(2) (with art. 33)
Act applied (E.) (1.10.2002) by S.I. 2000/3047 reg. 13A (as inserted by S.I. 2002/2315, reg. 2(3))
Act applied (W.) (9.9.2002) by S.I. 2002/2295, reg. 6(3)
Act applied (W) (9.9.2002) by S.I. 2002/2296, reg. 6(3)
Act applied (E.) (13.9.2002) by S.I. 2002/2350, reg. 6(5)
Act applied (E.) (13.9.2002) by S.I. 2002/2351, reg. 6(5)
Act applied (W.) (22.5.2002) by S.I. 2002/1387, reg. 21(6)
Act applied (E.) (22.5.2002) by S.I. 2002/1227, reg. 21(6) (with regs. 3, 29)
Act applied (W.) (19.8.2002) by S.I. 2002/2127, reg. 24(6)
Act modified (E.W.) ( prosp. ) by 2002 c. 29, ss. 67(6)(b), 458(1)(3)