The Courts Act 1971 (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.
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 Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the act is still in place.
Provisions 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 This section has now been superseded by the Senior Courts Act 1981.
Short title, commencement and extent 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 the Lord Chancellor by statutory instrument.
The (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:
section 20(3), so far as it relates to judges of the Court of Appeal and of the High Court section 39 section 46 section 56(1) and (4), so far as it relates to the provisions of schedule and schedule 11 referred to below sections 58 and 59 schedule 8, paragraphs 18(3), 34(2) and 46 schedule 11, Part I, so far as it relates to section 96(3) of the County Courts Act 1959 and Part IV, so far as it relates to section 1(4) of the Magistrates' Courts Act 1952 and to section 1(3) of the Criminal Appeal Act 1966
Section 59(5) of the act provided that the act would not extend to Scotland unless expressly provided in the subsections.
Section 59(6) of the act provided that the act would not extend to Ireland unless expressly provided in the subsections.
Section 59(7) of the act provided that schedule 8 to the act would extend to the Isle of Man and the Channel Islands so far as it amends section 13 of the Indictable Offences Act 1848 (11 & 12 Vict. c. 42).
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:
all assize courts all quarter sessions The Court of Chancery of the County Palatine of Lancaster (merged with the High Court) The Court of Chancery of the County Palatine of Durham and Sadberge (merged with the High Court) The Mayor's and City of London Court (a new county court is established with the same name) The Tolzey and Pie Poudre Courts of the City and County of Bristol The Liverpool Court of Passage The Norwich Guildhall Court 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 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 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.
Provisions
Repealed enactments Section 56(4) of the act repealed 256 enactments, listed in schedule 11 to the act. +Part I - JuriesCitationShort titleExtent of repeal6 Geo. 4. c. 50Juries Act 1825The whole act except sections 1, 27, 29 and 50.In section 27 the words from " provided that nothing " to the end of the section.In section 50 the words from " Provided also " to the end of the section.7 Geo. 4. c. 64Criminal Law Act 1826Section 21.1 & 2 Vict. c. 4Quarter Sessions Act 1837The whole act.15 & 16 Vict. c. 76Common Law Procedure Act 1852Sections 105 to 115.17 & 18 Vict. c. 125Common Law Procedure Act 1854Section 59.25 & 26 Vict. c. 107Juries Act 1862The whole act.33 & 34 Vict. c. 77Juries Act 1870Section 6.Section 19.Section 20 except as respects service at a coroner's court.Section 21.In section 23 the words from " be allowed at" to " court, and ".Section 24.In the Schedule, in the entry beginning " Officers of the courts " the words " and the clerks of the peace or their deputies " and the penultimate three entries, that is the words from " Members of the council" to " he is a justice ".45 & 46 Vict. c. 50Municipal Corporations Act 1882Section 186.50 & 51 Vict. c. 55Sheriffs Act 1887Section 12.In section 26 the words "to impanel or return any inquest, jury or tales, or ".In the second form in Schedule 2 all the words following " I shall remain therein ".10 Edw. 7 & 1 Geo. 5. c. 17County Common Juries Act 1910The whole act.9 & 10 Geo. 5. c. 71Sex Disqualification (Removal) Act 1919In section 1 the words from the last " and " in proviso (a) to " the Indictments Act 1915 ".12 & 13 Geo. 5. c. 11Juries Act 1922Sections 3, 4 and 5.In section 7 the definition of " sheriff".In section 8(2)(b) the words "(without prejudice to the provisions of section thirty-seven of the Juries Act 1825) ".11 & 12 Geo. 6. c. 58Criminal Justice Act 1948Section 35(3).12, 13 & 14 Geo. 6. c. 27Juries Act 1949Sections 2 to 9.Section 11.In section 14 paragraphs (c) and (d).Sections 18 and 19.Section 22.12, 13 & 14 Geo. 6. c. 86Electoral Registers Act 1949In Schedule 2 the amendment of section 1(8) of the Juries Act 1922.7 & 8 Eliz. 2. c. 22County Courts Act 1959Section 95.Section 96(3)1964 c. 42Administration of Justice Act 1964In section 21, subsections (3) and (4), subsection (5)(b)(c) and subsections (7), (8) and (9).1967 c. 80Criminal Justice Act 1967Section 14(5).1969 c. 48Post Office Act 1969In Schedule 4, in paragraph 14 the words " section 11 of the Juries Act 1862 and " and the word " each ".1970 c. 9Taxes Management Act 1970In section 5(2) the words " in the county wherein he dwells ".