Magistrates' Courts Act 1980

Magistrates' Courts Act 1980^[a]
Dates
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates' courts and the functions of justices' clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission.
Citation	1980 c. 43
Territorial extent	England and Wales Scotland (in part) Northern Ireland (in part) ^[b]
Royal assent	1 August 1980
Commencement	6 July 1981^[c]
Other legislation
Amends	Disorderly Houses Act 1751 Statutory Declarations Act 1835 Deeds of Arrangement Act 1914 Sexual Offences Act 1956 Plant Varieties and Seeds Act 1964 Criminal Justice Act 1967 Theft Act 1968 Attachment of Earnings Act 1971 Misuse of Drugs Act 1971 Immigration Act 1971 Slaughterhouses Act 1974 Restrictive Trade Practices Act 1976 Bail Act 1976 Domestic Proceedings and Magistrates' Courts Act 1978 Theft Act 1978 Agricultural Statistics Act 1979 See § Repealed enactments
Repeals/revokes	See § Repealed enactments
Amended by	List Highways Act 1980 Criminal Attempts Act 1981 Aviation Security Act 1982 Insurance Companies Act 1982 Mental Health Act 1983 County Courts Act 1984 Food Act 1984 Housing (Consequential Provisions) Act 1985 Weights and Measures Act 1985 Wages Act 1986 Pilotage Act 1987 Consumer Protection Act 1987 Coroners Act 1988 Legal Aid Act 1988 Road Traffic (Consequential Provisions) Act 1988 Football Spectators Act 1989 Water Consolidation (Consequential Provisions) Act 1991 Social Security (Consequential Provisions) Act 1992 Aggravated Vehicle-Taking Act 1992 Criminal Justice Act 1993 Vehicle Excise and Registration Act 1994 Employment Tribunals Act 1996 Employment Rights Act 1996 Justices of the Peace Act 1997 Crime and Disorder Act 1998 Youth Justice and Criminal Evidence Act 1999 Powers of Criminal Courts (Sentencing) Act 2000 Football (Disorder) Act 2000 Domestic Violence, Crime and Victims Act 2004 Violent Crime Reduction Act 2006 Criminal Justice and Immigration Act 2008 Human Fertilisation and Embryology Act 2008 Criminal Justice and Courts Act 2015 Space Industry Act 2018 Sentencing (Pre-consolidation Amendments) Act 2020
Relates to	Senior Courts Act 1981
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Magistrates' Courts Act 1980 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Magistrates' Courts Act 1980^[a] (c. 43) is an act of the Parliament of the United Kingdom. It is a consolidation act.^[1] It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952 (15 & 16 Geo. 6 & 1 Eliz. 2. c. 55). Part I of the act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings.

Provisions

Section 1 of the act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the act establishes a six-month limitation period for summary (but not indictable) offences.

Repealed enactments

Section 154(3) of the act repealed 31 enactments, listed in schedule 9 to the act.^[2]

Enactments repealed by section 154(3)
Citation	Short title	Extent of repeal
12, 13 & 14 Geo. 6. c. 101	Justices of the Peace Act 1949	Section 15(1), (2), (3), (7), (8) and (9).
15 & 16 Geo. 6 & 1 Eliz. 2. c. 55	Magistrates' Courts Act 1952	The whole act.
5 & 6 Eliz. 2. c. 29	Magistrates' Courts Act 1957	The whole act.
6 & 7 Eliz. 2. c. 39	Maintenance Orders Act 1958	Section 16.
6 & 7 Eliz. 2. c. 39	Maintenance Orders Act 1958	Section 20(6).
7 & 8 Eliz. 2. c. 72	Mental Health Act 1959	In Schedule 7, in Part I, the entry relating to the Magistrates' Courts Act 1952.
7 & 8 Eliz. 2. c. 73	Legitimacy Act 1959	Section 5(2).
9 & 10 Eliz. 2. c. 39	Criminal Justice Act 1961	In section 1(5) the words " and subsections (2) and (3) of section twenty-eight of the Magistrates' Courts Act 1952 ".
		Section 8(3).
		In section 41(4), the words " section twenty-eight of the Magistrates' Courts Act 1952".
		In Schedule 4, the entries relating to sections 28 and 126 of the Magistrates' Courts Act 1952.
		In Schedule 6, the text of the Magistrates' Courts Act 1952, section 28.
1963 c. 37	Children and Young Persons Act 1963	Section 27.
1964 c. 42	Administration of Justice Act 1964	Section 11.
1964 c. 42	Administration of Justice Act 1964	In Schedule 3, paragraphs 20(2) and 22(3) and (5).
1965 c. 69	Criminal Procedure (Attendance of Witnesses) Act 1965	In Schedule 2, in Part I, the entry relating to the Magistrates' Courts Act 1952.
1967 c. 80	Criminal Justice Act 1967	Sections 1 to 6.
		Section 19.
		In section 20, the words " or section 28 or 29 of the Magistrates' Courts Act 1952 (committal for sentence)".
		Section 24.
		Section 26.
		Sections 28 to 30.
		In section 33, the words from the beginning to " that section and ".
		In section 36(1), the definitions of " broadcast " and " publish ".
		Sections 44, 44A and 45.
		In section 50, the words from the beginning to " Part of that Act".
		Section 56(4).
		In section 89(1), the words " 2 or ".
		In section 90(1) the words " an order under section 44(8) or ".
		Section 94.
		In section 106(2)(6), the figure " 3 ".
		In Schedule 6, paragraphs 9 to 13 and 17 to 20.
1968 c. 69	Justices of the Peace Act 1968	In Schedule 3, paragraph 8.
1969 c. 54	Children and Young Persons Act 1969	Section 6.
		Section 10(3).
		Section 61.
		In Schedule 4, paragraph 4.
1970 c. 31	Administration of Justice Act 1970	Section 12.
		In section 28(1), the definitions of " the Act of 1952 " and " magistrates' court maintenance order ".
		Section 30(1) and (2) as respects section 12.
		Section 41(6).
		Section 42.
		Section 50.
		In section 51, subsection (1), and in subsection (3) the definition of " the Act of 1952 ".
1971 c. 23	Courts Act 1971	Section 7(1).
		In Schedule 8, paragraph 34, in paragraph 48(b) in the words " 56(4)(6) " the word " (4) ", and paragraph 52.
		In Schedule 9, in Part I, the entry relating to the Magistrates' Courts Act 1952.
1972 c. 18	Maintenance Orders (Reciprocal Enforcement) Act 1972	Section 22(2)(6).
1972 c. 70	Local Government Act 1972	In Schedule 27, paragraph 16.
1972 c. 71	Criminal Justice Act 1972	Section 41.
		Sections 44 and 45.
		Section 50.
		In Schedule 5, the entries relating to the Magistrates' Courts Act 1952 and the entry relating to section 6(1) of the Children and Young Persons Act 1969.
1973 c. 14	Costs in Criminal Cases Act 1973	In Schedule 1, paragraph 1.
1973 c. 29	Guardianship Act 1973	Section 9(2)(A).
1973 c. 38	Social Security Act 1973	In Schedule 27, in paragraph 85, the words " and 12(2)(6)" and " (in each place) ".
1973 c. 62	Powers of Criminal Courts Act 1973	Section 35(5).
1973 c. 62	Powers of Criminal Courts Act 1973	In Schedule 5, paragraphs 4, 5, 7, 16 and 34.
1974 c. 4	Legal Aid Act 1974	In Schedule 4, paragraph 3.
1975 c. 21	Criminal Procedure (Scotland) Act 1975	Section 326(2).
1975 c. 21	Criminal Procedure (Scotland) Act 1975	In section 463(1)(6), the words " 326(2)".
1976 c. 63	Bail Act 1976	In Schedule 2, paragraphs 14 to 29 and 35.
1977 c. 45	Criminal Law Act 1977	Section 14.
		In section 15, in subsection (1), paragraph (b) and the word " and " immediately preceding it, and, in subsection (3), paragraph (a).
		Section 16.
		Sections 18 to 27.
		In section 28, subsections (1) to (7) and in subsection (8) the words from " and subsection (2) above " to the end.
		Section 29.
		Section 30(4).
		Section 32(2).
		Sections 34 and 35.
		In section 36, subsections (2) to (8) and in subsection (9) the definitions of " guardian " and " the statutory restrictions upon the imprisonment of young offenders ".
		Sections 41 and 42.
		Section 45.
		In section 58, subsections (1), (4) and (6).
		Sections 59 to 61.
		In section 63(2), in the entry relating to section 65(4) and Schedule 12 so far as they relate to the Criminal Justice Act 1967, the words " 3 and ".
		In section 65(10)(e) the words from " and the provisions " to " all such places (except Scotland)".
		Schedule 2.
		Schedule 3.
		Schedule 4.
		In Schedule 5, paragraph 1(2)(a) and (b).
		In Schedule 7, paragraph 1.
		Schedule 8.
		In Schedule 12, the entries relating to the Magistrates' Courts Act 1952, the entries relating to sections 3, 24, 44(5) and 44A of the Criminal Justice Act 1967, and paragraphs 2 and 3 of the entries relating to the Criminal Justice Act 1972.
		In Schedule 14, paragraph 2, in paragraph 3(1) the words " or 2 ", paragraph 4, and in paragraph 5 the words " (other than section 29 or any provision mentioned in paragraph 4 above)".
1978 c. 22	Domestic Proceedings and Magistrates' Courts Act 1978	Sections 75 to 85.
		In Schedule 1, in paragraph 5 the words "or in any of sections 79 to 82 ", paragraph 6 and paragraph 7.
		In Schedule 2, paragraphs 15 and 21.
1978 c. 37	Protection of Children Act 1978	Section 2(2).
1979 c. 55	Justices of the Peace Act 1979	In Schedule 2, paragraphs 7 to 9 and paragraph 14.
1980 c. 5	Child Care Act 1980	In Schedule 5, paragraph 5.
1980 c. 11	Protection of Trading Interests Act 1980	In section 8(5), the words from " together with " to the end.

Notes

Section 155(1).
Section 155(2)–(3) and 155(6).
Section 155(7). The Magistrates' Courts Act 1980 (Commencement) Order 1981 (SI 1981/457).

References

"Magistrates' Courts Act 1980". Current Law Statutes Annotated 1980. Volume 1. Chapter 43.
"The Magistrates' Courts Act 1980". Halsbury's Statutes of England. Third Edition. Volume 50: Continuation Volume 1980. Butterworths. London. 1981. Volume 50(2). p 1433.
Butterworths' Annotated Legislation Service. Volume 276.
Blackstone's Criminal Practice 2012. pp 716, 723, 823, 843, 862, 889, 1004, 1355 to 1361, 1364, 1365, 1369, 1372, 1375, 1382, 1384, 1385, 1442, 1443, 1446, 1448, 1452, 1535, 1536, 1557, 1563, 1726, 1868, 1873, 1874, 1885, 1898, 1919, 1924, 1930, 1935, 1940, 1954, 1971, 2071, 2072, 2250, 2884, 2913, 2929 & 2932.
Adrian Keane and Paul McKeown. The Modern Law of Evidence. 14th Edition. Oxford University Press. 2022. pp 64 to 68 and 146.

The Public General Acts and General Synod Measures 1980. HMSO. London. ISBN 0-11-840200-5. Part IV. Pages i, j and i.
"Magistrates' Courts Act 1980", legislation.gov.uk, The National Archives, 1980 c. 43

External links

The full text of Magistrates' Courts Act 1980 at Wikisource
Text of the Magistrates' Courts Act 1980 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
Text of the Magistrates' Courts Act 1980 as originally enacted or made within the United Kingdom, from legislation.gov.uk.