Icon Definitions:

Text match Text match
Confers power Confers power
Blanket amendment Blanket amendment

Welcome to the Revised Statutes of the UK on SLD

This item of legislation is displayed as if you had made a search for a version current at today’s date and applicable to the widest possible geographical extent (that is, anywhere in the UK). If you wish to specify any other search criteria, please use the Advanced search facility. The page you are currently viewing is usually referred to on SLD as the ‘Results within Legislation’ page
(Entries appearing indented and in square brackets indicates provisions for which no version matched the presumed search criteria)

Update Status Warning: There are effects on this legislation that have not yet been applied to the Statute Law Database for the following year(s): 2008, 2009. Please see the Tables of legislative effects for details. See also important information in Update status of legislation.

Help - Opening and Viewing Legislation

        Magistrates' Courts Act 1980 (c. 43)
        Introductory Text
        Main body
        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.
        2. Jurisdiction to deal with charges.
        3. Offences committed on boundaries, etc.
        3A. Offences committed on ships and abroad.
        3B. Transfer of trials of summary offences.
        Committal proceedings
        4. General nature of committal proceedings.
        5. Prosecutor's notice of prosecution case.
        5A. Evidence which is admissible.
        5B. Written statements.
        5C. Depositions.
        5D. Statements.
        5E. Other documents.
        5F. Proof by production of copy.
        6. Discharge or committal for trial.
        7. Transfer for trial.
        8. Restrictions on reports of commital proceedings.
        Pre-trial hearings
        8A Power to make rulings at pre-trial hearing
        8B Effect of rulings at pre-trial hearing
        8C Restrictions on reporting
        8D Offences in connection with reporting
        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.
        12A. Application of section 12 where accused appears.
        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.
        17A. Initial procedure: accused to indicate intention as to plea.
        17B. Intention as to plea: absence of accused.
        17C. Intention as to plea: adjournment.
        [17D Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences]
        [17E Functions under sections 17A to 17D capable of exercise by single justice]
        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.
        [20A Procedure where summary trial appears more suitable: supplementary]
        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.
        [24A Child or young person to indicate intention as to plea in certain cases]
        [24B Intention as to plea by child or young person: absence of accused]
        [24C Intention as to plea by child or young person: adjournment]
        [24D Functions under sections 24A to 24C capable of exercise by single justice]
        25. Power to change from summary trial to committal proceedings, and vice versa.
        26. Power to issue summons in certain circumstances.
        27. Effect of dismissal of information for offence triable either way.
        Transfer of criminal proceedings
        27A Power to transfer criminal proceedings
        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 youth 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.
        36A. Alterations of names of petty sessions areas in inner London area.
        37. Committal to Crown Court with a view to borstal sentence.
        38. Committal for sentence on summary trial of offence triable either way
        38A. Committal for sentence on indication of guilty plea to 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.
        43A. Functions of magistrates' court where a person in custody is brought before it with a view to his appearance before the Crown Court.
        43B. Power to grant bail where police bail has been granted.
        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. . . .
        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.
        Transfer of civil proceedings (other than family proceedings)
        57A Power to transfer civil proceedings (other than family proceedings)
        Civil debt
        58. Money recoverable summarily as civil debt.
        Orders for periodical payment
        59. Orders for periodical payment: means of payment.
        59A. Orders for periodical payment: proceedings byjustices' chief executive .
        59B. Maintenance orders: penalty for breach.
        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
        64. Power to award costs and enforcement of costs.
        Domestic proceedings
        65. Meaning of domestic proceedings.
        66. Composition of magistrates' courts for family proceedings: general.
        67. Family proceedings courts.
        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.
        85A. Variation of instalments of sum adjudged to be paid by conviction.
        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.
        87A. Fines imposed on companies.
        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.
        94A. Interest on arrears.
        95. Remission of arrears and manner in which arrears to be paid.
        96. Civil debt: complaint for non-payment.
        96A. Application of Part III to persons aged 17 to 20.
        Part IV Witnesses and Evidence
        Procuring attendance of witness
        97. Summons to witness and warrant for his arrest.
        97A. Summons or warrant as to committal proceedings.
        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 persons under 14 in committal proceedings for assault, sexual offences etc.
        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.
        [125ZA Warrants of control]
        125A. Civilian enforcement officers.
        125B. Execution by approved enforcement agency.
        125BA Powers of persons authorised under section 125A or 125B
        125C. Disclosure of information for enforcing warrants.
        125CA Power to make disclosure order
        125CB Use of information supplied under disclosure order
        125D. Execution by person not in possession of warrant.
        126. Execution of certain warrants outside England and Wales.
        Limitation of time
        127. Limitation of time.
        Remand
        128. Remand in custody or on bail.
        128A. Remands in custody for more than eight days.
        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. . . .
        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.
        144A Rules to be made if required by Lord Chancellor
        145. Rules: supplementary provisions.
        145A. Rules: costs order against legal representative.
        Rules about youth courts
        146. Rules relating to [ youth court panels] and composition of [youth 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 4A Powers of authorised officers executing warrants
        SCHEDULE 5 TRANSFER OF REMAND HEARINGS
        SCHEDULE 6 FEES
        SCHEDULE 6A FINES THAT MAY BE ALTERED UNDER SECTION 143
        SCHEDULE 7 CONSEQUENTIAL AMENDMENTS
        SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS
        SCHEDULE 9 REPEALS

  © Crown Copyright Back to top