| Act of Parliament | |
.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.[b] |
|---|---|
| Citation | 1971 c. 23 |
| Territorial extent | England and Wales[c] |
| Dates | |
| Royal assent | 12 May 1971 |
| Commencement | |
| Other legislation | |
| Amends | |
| Repeals/revokes | |
| Amended by | |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Courts Act 1971 as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk. | |
TheCourts Act 1971[a] (c. 23) is anact of theParliament of the United Kingdom, the purpose of which was to reform and modernise the courts system ofEngland and Wales, as well as effectively separating the business of the criminal and civil courts.[1]
It established theCrown Court, introduced the posts ofcircuit judge and recorder, and abolished various local courts across the country.[2] Many of its provisions have since been repealed by theSenior Courts Act 1981, but the essential structure described in the act is still in place.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 theSupreme Court of Judicature, replacingcourts of assize andquarter sessions. Theappellate 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 This section has now been superseded by theSenior Courts Act 1981.
Section 59(1) of the act provided that the act may be cited as the "Courts Act 1971".
Section 59(2) of the act provided that the act would come into force on a day (or days) appointed by theLord Chancellor bystatutory instrument.
TheCourts Act 1971 (Commencement) Order 1971 (SI 1971/1151) provided that the act would come into force on 1 January 1972, except that the following provisions would come into force on 1 October 1971:
| Statutory Instrument | |
| |
| Citation | SI 1971/1151 |
|---|---|
| Introduced by | Quintin Hogg, Baron Hailsham of St Marylebone (Commons) |
| Dates | |
| Made | 14 July 1971 |
| Laid before Parliament | 27 July 1971 |
| Commencement | 1 October 1971 |
| Other legislation | |
| Made under | Courts Act 1971 |
| Text of statute as originally enacted | |
Section 59(5) of the act provided that the act would not extend toScotland unless expressly provided in the subsections.
Section 59(6) of the act provided that the act would not extend toIreland unless expressly provided in the subsections.
Section 59(7) of the act provided that schedule 8 to the act would extend to theIsle of Man and theChannel Islands so far as it amends section 13 of theIndictable Offences Act 1848 (11 & 12 Vict. c. 42).
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 byDr. 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 andcounty courts, are appointed by the monarch on theLord Chancellor's advice, and retire at the age of 72 (this has now been changed to 70 by theJudicial 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 theConstitutional Reform Act 2005, appointing judges has been reformed and is now done by theJudicial Appointments Commission in England and Wales, and equivalent bodies in Scotland and Northern Ireland.)
The fourth part of the act governs the selection ofjuries and related rules; it has since been repealed by theJuries 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.
