# Magistrates’ Courts Act 1980

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Date of Commencement: 6 July 1981 (S.I. 1981/457) See this legislation with any revisons at legislation.gov.uk .
For corresponding provisions effective in Northern Ireland, see the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
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Magistrates’ Courts Act 1980
CHAPTER 43
ARRANGEMENT OF SECTIONS
Part I Criminal Jurisdiction and Procedure :
| Jurisdiction to issue process and deal with charges ||
| Section | |
| 1. | Issue of summons to accused or warrant for his arrest. |
| 2. | Jurisdiction to deal with charges. |
| 3. | Offences committed on boundaries, etc. |
| Committal proceedings ||
| 4. | General nature of committal proceedings. |
| 5. | Adjournment of inquiry. |
| 6. | Discharge or committal for trial. |
| 7. | Place of trial on indictment. |
| 8. | Restrictions on reports of committal proceedings. |
| 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. |
| 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. |
| 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. ​ |
| 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. |
| 25. | Power to change from summary trial to committal proceedings, and vice versa. |
| 26. | Power to issue summons to accused in certain circumstances. |
| 27. | Effect of dismissal of information for offence triable either way. |
| 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 juvenile 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. |
| 37. | Committal to Crown Court with a view to borstal sentence. |
| 38. | Committal for sentence on summary trial of 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 without warrant. ​ |
| 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. | Taking of finger-prints. |
| 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. |
| Civil debt ||
| 58. | Money recoverable summarily as civil debt. |
| Orders for periodical payment ||
| 59. | Periodical payment through justices’ clerk. |
| 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 ||
| 63. | Power to award costs and enforcement of costs. ​ |
| Domestic proceedings ||
| 65. | Meaning of domestic proceedings. |
| 66. | Composition of magistrates’ courts for domestic proceedings: general. |
| 67. | Domestic courts and panels. |
| 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. |
| 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. |
| 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. |
| 95. | Power to remit arrears. |
| 96. | Civil debt: complaint for non-payment. |
| Part IV Witnesses and Evidence ||
| Procuring attendance of witness ||
| 97. | Summons to witness and warrant for his arrest. |
| 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 children in committal proceedings for sexual offences. |
| 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. |
| 126. | Execution of certain warrants outside England and Wales. |
| Limitation of time ||
| 127. | Limitation of time. |
| Remand ||
| 128. | Remand in custody or on bail. |
| 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. | Detention in police cells, etc. |
| 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. |
| 145. | Rules: supplementary provisions. |
| Rules about juvenile courts ||
| 146. | Rules relating to juvenile court panels and composition of juvenile 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 5—Transfer of remand hearings. |
| | Schedule 6—Fees: |
| | Part I—Fees to be taken by clerks to justices. |
| | Part II—Matters in respect of which no fees are chargeable. |
| | Part III—Matters to which Part I does not apply. |
| | Schedule 7—Consequential amendments. |
| | Schedule 8—Transitional provisions and savings. |
| | Schedule 9—Repeals. |
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