Courts Act 1971

Last updated

Courts Act 1971 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An 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]
Citation 1971 c. 23
Dates
Royal assent 12 May 1971
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Courts Act 1971 [1] (c. 23) is an act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales, as well as effectively separating the business of the criminal and civil courts. [3]

It established the Crown Court, introduced the posts of circuit judge and recorder, and abolished various local courts across the country. [4] Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the act is still in place.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 This section has now been superseded by the Senior Courts Act 1981.

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. [3] 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—also appointed by the Lord Chancellor. (Since the Constitutional Reform Act 2005, appointing judges has been reformed and is now done by the Judicial Appointments Commission in England and Wales, and equivalent bodies in Scotland and Northern Ireland.)

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.

Related Research Articles

<span class="mw-page-title-main">Court of Chancery</span> Court of equity in England and Wales (c. 1350–1875)

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

<span class="mw-page-title-main">Lord Chancellor</span> Great Officer of State in the United Kingdom

The Lord Chancellor, formally titled 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 the union of England and Scotland 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.

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Soke of Peterborough</span> Historic area of England

The Soke of Peterborough was a historic area of England associated with the City and Diocese of Peterborough. It was part of Northamptonshire, but was administered by its own county council, whilst the rest of Northamptonshire was administered by Northamptonshire County Council. The Soke was also described as the Liberty of Peterborough, or as the Nassaburgh hundred, and comprised, besides Peterborough, about thirty parishes. The Soke was abolished in 1965.

<span class="mw-page-title-main">Crown Court</span> Court of first instance of England and Wales

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

Circuit courts are court systems in several common law jurisdictions. It may refer to:

<span class="mw-page-title-main">Constitutional Reform Act 2005</span> Constitutional reform of the UK Judiciary

The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.

A recorder is a judicial officer in England and Wales and some other common law jurisdictions.

<span class="mw-page-title-main">Judiciary of England and Wales</span>

There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

<span class="mw-page-title-main">High Court judge (England and Wales)</span> Third-highest level of judge in England and Wales

A justice of the High Court, commonly known as a High Court judge, is a judge of the High Court of Justice of England and Wales, and represents the third-highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne justices and wear red and black robes.

Sir Robert Andrew Morritt, CVO, is a former British judge who served as Chancellor of the High Court of England and Wales.

The recorder of London is an ancient legal office in the City of London. The recorder of London is the senior circuit judge at the Central Criminal Court, hearing trials of criminal offences. The recorder is appointed by the Crown on the recommendation of the City of London Corporation with the concurrence of the Lord Chancellor. The recorder's deputy is the Common Serjeant of London, appointed by the Crown on the recommendation of the Lord Chancellor. The recorder of London is, since 14 April 2020, Mark Lucraft.

<span class="mw-page-title-main">President of the Supreme Court of the United Kingdom</span> Presiding officer of the Supreme Court of the United Kingdom

The President of the Supreme Court of the United Kingdom is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking among the Lords of Appeal in Ordinary. The President is not the most senior judge of the judiciary in England and Wales; that position belongs to the Lord Chief Justice. The current President is Robert Reed, since 13 January 2020.

<span class="mw-page-title-main">Vice-Chancellor of the County Palatine of Lancaster</span>

The Vice-Chancellor of the County Palatine of Lancaster is an office of the Duchy of Lancaster. The vice-chancellor is appointed by the Chancellor of the Duchy of Lancaster after consultation with the Lord High Chancellor of Great Britain. Since 1987, the vice-chancellor has been a High Court judge of the Chancery Division with a term of approximately three years.

<span class="mw-page-title-main">Courts and Legal Services Act 1990</span> United Kingdom legislation

The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.

<span class="mw-page-title-main">Assizes</span> Periodic courts held around England and Wales until replaced by the Crown Court in 1972

The assizes, or courts of assize, 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.

<span class="mw-page-title-main">Chancery Amendment Act 1858</span> United Kingdom legislation

The Chancery Amendment Act 1858 also known as Lord Cairns' Act after Sir Hugh Cairns, was an Act of the Parliament of the United Kingdom that allowed the English Court of Chancery, the Irish Chancery and the Chancery Court of the County Palatine of Lancaster to award damages, in addition to their previous function of awarding injunctions and specific performance. The Act also made several procedural changes to the Chancery courts, most notably allowing them to call a jury, and allowed the Lord Chancellor to amend the practice regulations of the courts. By allowing the Chancery courts to award damages it narrowed the gap between the common law and equity courts and accelerated the passing of the Judicature Act 1873, and for that reason has been described by Ernest Pollock as "prophetic".

<span class="mw-page-title-main">Judges' Council</span>

The Judges' Council is a body in England and Wales that, representing the judiciary, advises the Lord Chief Justice on judicial matters. It has its historical roots in the original Council of the Judges of the Supreme Court, created by the Judicature Act 1873 to oversee the new Supreme Court of Judicature. This body initially met regularly, reforming the procedure used by the circuit courts, and the new High Court of Justice but met less regularly as time went on, meeting only twice between 1900 and 1907, with a gap of ten years between meetings in 1940 and 1950 respectively. After relative inactivity, it was eventually wound up through the Supreme Court Act 1981, which contained no provisions for its continued existence, something Denis Dobson attributes to newer bodies which performed the duties the Council had originally been created to do.

<span class="mw-page-title-main">High Court of Justice</span> One of the Senior Courts of England and Wales

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.

Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse.

References

  1. 1 2 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.
  3. 1 2 Hines, Gerald (1972). "The Courts Act 1971". The British Journal of Criminology. 12 (3): 292–297. ISSN   0007-0955.
  4. Grzybowski, Kazimierz (1973). "Court Reform in England". The American Journal of Comparative Law. 21 (4): 747–751. doi:10.2307/839086. ISSN   0002-919X.