The Courts Act 1971 is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

, the purpose of which was to reform and modernise the courts system of

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

. 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 Many of its provisions have since been repealed by the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 The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom. The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...

, 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 The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...

and

quarter sessions The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...

. The

appellate In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

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 This section has now been superseded by the Senior Courts Act 1981.

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 Richard Beeching, Baron Beeching (21 April 1913 – 23 March 1985), commonly known as Dr Beeching, was a physicist and engineer who for a short but very notable time was chairman of British Railways. He became a household name in Britain in the e ...

. 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 The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged into the High Court in 1972. Relevant legislation The court was regulated b ...

(merged with the High Court) * The

Court of Chancery of the County Palatine of Durham and Sadberge The 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 (including the wapentake of Sadberge) until it was merged into the High Court in 1972. C ...

(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 Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...

* 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 The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...

'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 A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England dur ...

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.

References

* Halsbury's Statutes, *Civil Procedure (''The White Book''), Sweet & Maxwell, 2006, Volume 2, 9B-83 - 9B-93 {{UK legislation United Kingdom Acts of Parliament 1971 Acts of the Parliament of the United Kingdom concerning England and Wales