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Courts Act 1971

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The Courts Act 1971[1]
Long titleAn Act to make further provision as respects the [Senior Courts] and county courts, judges and juries, to establish a Crown Court as part of the [Senior Courts] to try indictments and exercise certain other jurisdiction, to abolish courts of assize and certain other courts and to deal with their jurisdiction and other consequential matters, and to amend in other respects the law about courts and court proceedings.[2]
Citation1971 c 23
Dates
Royal assent12 May 1971
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Courts Act 1971 is an Act of the Parliament of the United Kingdom (c 23) the purpose of which was to reform and modernise the courts system of England and Wales.

It established the Crown Court, introduced the posts of circuit judge and recorder, and abolished various local courts across the country. Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the Act is still in place.

The first part of the Act concerns the new Crown Court. It is established as part of the Supreme Court of Judicature, replacing courts of assize and quarter sessions. The appellate jurisdiction of these courts is transferred, and the new court given exclusive jurisdiction in "trial on indictment". It is described as a "superior court of record" for England and Wales. This section has now been superseded by the Senior Courts Act 1981.

Discover more about Courts Act 1971 related topics

Act of Parliament

Act of Parliament

Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction. In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.

Parliament of the United Kingdom

Parliament of the United Kingdom

The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign (King-in-Parliament), the House of Lords, and the House of Commons. In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is de facto vested in the House of Commons.

England and Wales

England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law.

Crown Court

Crown Court

The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and Wales.

Senior Courts Act 1981

Senior Courts Act 1981

The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.

Assizes

Assizes

The courts of assize, or assizes, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or later life imprisonment. Other serious cases were dealt with by the quarter sessions, while the more minor offences were dealt with summarily by justices of the peace in petty sessions.

Court of quarter sessions

Court of quarter sessions

The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388. They were also established in Scotland, Ireland and in various other dominions of the British Empire.

Appellate court

Appellate court

A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules.

History

Report of the Royal Commission on Assizes and Quarter Sessions (Sessional Papers, House of Commons, Cmnd 4153, 1966–69, XXVIII, 433) was published in 1969 and chaired by Dr. Beeching. The Act was based on most of the report recommendations.

The courts abolished by this Act are:

The officers of these courts were generally eligible to become circuit judges.

The post of circuit judge is introduced in the second part of the Act. They sit in the Crown Court and county courts, are appointed by the monarch on the Lord Chancellor's advice, and retire at the age of 72 (this has now been changed to 70 by the Judicial Pensions and Retirement Act 1993). The Lord Chancellor may also sack a circuit judge on the grounds of "incapacity or misbehaviour". Judges are to have a salary and pension, and must take an oath of office. The act also introduces part-time Crown Court judges, known as recorders, who are similarly appointed by the Lord Chancellor.

The fourth part of the Courts Act governs the selection of juries and related rules; it has since been repealed by the Juries Act 1974. Most of the remainder of the Act is about other miscellaneous administrative provisions relating to appointments, payment, and accommodation; these have almost all been repealed by the Supreme Court Act and other justice legislation.

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Court of Chancery of the County Palatine of Lancaster

Court of Chancery of the County Palatine of Lancaster

The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged into the High Court in 1972.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Court of Chancery of the County Palatine of Durham and Sadberge

Court of Chancery of the County Palatine of Durham and Sadberge

The Court of Chancery of the County Palatine of Durham and Sadberge was a court of chancery that exercised jurisdiction within the County Palatine of Durham until it was merged into the High Court in 1972.

Mayor's and City of London Court

Mayor's and City of London Court

The Mayor's and City of London Court is a sitting of the County Court in the City of London. It is located at Guildhall Buildings, Basinghall Street.

Bristol

Bristol

Bristol is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in South West England. The wider Bristol Built-up Area is the eleventh most populous urban area in the United Kingdom.

Liverpool Court of Passage

Liverpool Court of Passage

The Liverpool Court of Passage was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated.

Norwich Guildhall Court

Norwich Guildhall Court

The Norwich Guildhall Court was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated. The court appears to have originated in a court of husting, on the model of that of London.

County court

County court

A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the high sheriff of each county.

Lord Chancellor

Lord Chancellor

The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922.

Judicial Pensions and Retirement Act 1993

Judicial Pensions and Retirement Act 1993

The Judicial Pensions and Retirement Act 1993 is an Act of the Parliament of the United Kingdom that strengthened the mandatory retirement provisions previously instituted by the Judicial Pensions Act 1959 for members of the British judiciary.

Jury

Jury

A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.

Juries Act 1974

Juries Act 1974

The Juries Act 1974 is an Act of the Parliament of the United Kingdom. According to its long title, the purpose of the Act is "to consolidate certain enactments relating to juries, jurors and jury service with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949." Among others, the Act states who is eligible for jury service in England and Wales, who is disqualified, and who may be excused.

Source: "Courts Act 1971", Wikipedia, Wikimedia Foundation, (2022, October 25th), https://en.wikipedia.org/wiki/Courts_Act_1971.

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References
  • Halsbury's Statutes,
  • Civil Procedure (The White Book), Sweet & Maxwell, 2006, Volume 2, 9B-83 - 9B-93
  1. ^ The citation of this Act by this short title is authorised by section 59(1) of this Act.
  2. ^ The words in brackets were substituted on 1 October 2009 by the sections 59 and 148 of, and paragraph 4 of Schedule 11 to, the Constitutional Reform Act 2005. As to commencement see articles 2(b) and (d) of SI 2009/1604.

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