Courts Act 1971
Encyclopedia
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 Many of its provisions have since been repealed by the Senior Courts Act 1981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 in indictment". It is described as a "superior court of record" for England and Wales. This section has now been superseded by the Supreme Court Act.
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 court
s, 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and related rules; it has since been repealed by the Juries Act 1974.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administrative provisions relating to appointments, payment, and accommodation; these have almost all been repealed by the Supreme Court Act and other justice legislation.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
(c 23) the purpose of which was to reform and modernise the courts system of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
.
It established the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, 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
Senior Courts Act 1981
The Senior Courts Act 1981, originally named the Supreme Court Act 1981 , is an Act of the Parliament of the United Kingdom. The Act defined in statute the structure of the Supreme Court of England and Wales, now known as the Senior Courts of England and Wales, consisting of the Court of Appeal,...
, 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
Supreme Court of Judicature
Supreme Court of Judicature may refer to:* Supreme Court of Judicature . Supreme Court of Barbados* Supreme Court of Judicature , Supreme Court of Guyana* Supreme Court of Judicature , the supreme court in Ireland from 1877 to 1920...
, replacing courts of assize and Quarter Sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
. The appellate
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
jurisdiction of these courts is transferred, and the new court given exclusive jurisdiction in "trial in indictment". It is described as a "superior court of record" for England and Wales. This section has now been superseded by the Supreme Court Act.
The courts abolished by this Act are:
- all assize courts
- all quarter sessions
- The Court of Chancery of the County Palatine of LancasterCourt of Chancery of the County Palatine of LancasterThe Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster.-Relevant legislation:The court was regulated by the following Acts in particular:...
(merged with the High CourtHigh Court of JusticeThe High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
) - The Court of Chancery of the County Palatine of Durham and SadbergeCourt of Chancery of the County Palatine of Durham and SadbergeThe 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.-Relevant legislation:...
(merged with the High Court) - The Mayor's and City of London CourtMayor's and City of London CourtThe Mayor's and City of London Court is a County Court in the City of London. It is located at Guildhall Buildings, Basinghall Street.The current court is the successor to courts pre-dating the County Courts Act 1846, which introduced the modern system of county courts...
(a new county court is established with the same name) - The Tolzey and Pie Poudre CourtCourt of PiepowdersA Court of Piepowders was a special tribunal in England organised by a borough on the occasion of a fair or market. These courts had unlimited jurisdiction over personal actions for events taking place in the market, including disputes between merchants, theft, and acts of violence...
s of the City and County of BristolBristolBristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007... - The Liverpool Court of PassageLiverpool Court of PassageThe 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.-Abolition:...
- The Norwich Guildhall CourtNorwich Guildhall CourtThe 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.-Abolition:...
- The Court of Record for the Hundred of Salford
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 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.-England and Wales:County Court matters can be lodged...
s, are appointed by the monarch on the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
's advice, and retire at the age of 72 (this has now been changed to 70 by the 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....
). 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
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
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.