The Magistrates' Courts Act 1952 (15 & 16 Geo 6 & 1 Eliz c 55) was 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 ...

which related to

magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...

s. It was repealed by section 154 of, and Schedule 9 to, the

Magistrates' Courts Act 1980 The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the pr ...

Section 1

Section 1 did not apply to a committal for trial under section 1 of the

Criminal Justice Act 1967 The Criminal Justice Act 1967 (c 80) is an Act of the Parliament of the United Kingdom. Section 9 allows uncontroversial witness statements to be read in court instead of having to call the witness to give live testimony in the courtroom, if ...

Section 24(1) of the

restricted the issue of a warrant under this section. Section 1(2)(e) was inserted by section 56 of, and paragraph 34(2) of Schedule 8 to, the Courts Act 1971. Section 1(4) was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 4

Section 4(2) provided that there was no obligation on examining justices to sit in open court. It was repealed by sections 6(2) and 103(2) of, and Part I of Schedule 7 to, the

Section 9

Section 9(2) made special provision about offences dealt with by virtue of section 11 of the

Criminal Justice Act 1925 The Criminal Justice Act 1925 (15 & 16 Geo.5 c.86) is an Act of Parliament, Act of the Parliament of the United Kingdom. Most of it has been repealed. Section 36 of the Act makes it an offence to make a false statement to obtain a passport. The ...

outside the venue of the offence. Section 10(1) of, and paragraph 15(2) of Schedule 2 to, the

Criminal Law Act 1967 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...

provided that section 9(2) did not apply to offences committed outside England and Wales, whether within or without territorial waters. Section 9 was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 10

This section was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 11

This section was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 12

This section was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 14

See sections 26(2) and 26(3) and 30 of the

Section 14(3) was amended by section 103(1) of, and paragraph 9 of Schedule 6 to, the

Section 15

Section 24(2) of the

restricted the issue of a warrant under section 15(2). Proviso (a) to section 15(2) was repealed by sections 24(2) and 103(2) of, and Part I of Schedule 7 to, the

Section 18

See sections 3(3) and 18(2) and 35 of the

. This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 19

See section 3(3) and 18(2) of the

. The words "tell him before what court he would be tried if tried by a jury and" in section 19(3) were repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971. In section 19(4), the words from the beginning to the words "quarter sessions" where first occurring were repealed by section 10(2) of, and Part III of Schedule 3 to, the

. Section 19(4) was amended by section 56 of, and paragraph 34(1) of Schedule 8 to, the Courts Act 1971. This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 20

See section 3(3) of the

Section 23

Section 23 related to the use in summary trials of evidence given in committal proceedings. It did not apply to any such statement as was mentioned in section 2 of the

Section 24

This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 25

The words "tell him before what court he would be tried if tried by a jury and" in section 25(3) were repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971. The words "triable by quarter sessions" in section 25(5)(b) were repealed by section 10(2) of, and Part III of Schedule 3 to, the

. Section 25(5) was amended by section 56 of, and paragraph 34(1) of Schedule 8 to, the Courts Act 1971. This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 26

This section related to the remand of a defendant for medical examination and to the requirement of such an examination on committing a defendant for trial on bail. The requirements of sections 18(1) and (2) of the

did not apply to the adjournment of a trial by a magistrates' court under section 26 of this Act, for the purpose of enabling a medical examination and report to be made on the defendant, if it appeared to the court that it would be impracticable to obtain such a report without remanding the defendant in custody. From 1967, section 2(2) of the

Costs in Criminal Cases Act 1952 In Production (economics), production, research, retail, and accounting, a cost is the value of money that has been used up to produce something or deliver a service, and hence is not available for use anymore. In business, the cost may be one o ...

(as substituted by section 32(1) of the

) applied to a request to a

registered medical practitioner A physician (American English), medical practitioner ( Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through t ...

to make a written or oral report on the medical condition of an offender or defendant, made by a court in exercise of the powers conferred on it by section 26 of this Act. Section 26(1) was amended by section 103(1) of, and paragraph 10 of Schedule 6 to, the

Section 28

This section related to committal for sentence. See section 20 of the

. Section 56 of the

applied to this section. Sections 28(1) and (4) were amended by section 103(1) of, and paragraph 11 of Schedule 6 to, the

. Section 28(1) was amended by section 56 of, and paragraph 34(1) of Schedule 8 to, the Courts Act 1971.

Section 29

This section related to committal for sentence. See section 20 of the

. Section 56 of the

applied to this section. And see section 62(7) of that Act. Section 29 was amended by section 103(1) of, and paragraph 12 of Schedule 6 to, the

Section 32

This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 33

This section was repealed by section 33(3) of, and Part III of Schedule 3 to the

Theft Act 1968 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...

Section 34

The words "of assize or quarter sessions" were repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 40

This section provided for the taking of finger prints from a person who had attained the age of fourteen years and who had been taken into custody and charged with an offence. From 1967, this section applied to any person of not less than fourteen who appeared before a magistrates' court in answer to a summons for any offence punishable with imprisonment. From 1967, the references to finger prints in this section were construed as including a reference to palm prints.

Section 67

As to section 67(2), see section 47(6) of the

Section 69

This section was repealed by sections 44(1) and 103(2) of, and Part I of Schedule 7 to, the

Section 70

Section 70(1) was repealed by section 44(1) and 103(2) of, and Part I of Schedule 7 to, the

. Section 70(2) was amended by section 103(1) of, and paragraph 13 of Schedule 6 to, the

Section 72A

The words "the Crown Court" were substituted for the words "a court of assize or quarter sessions" by section 56 of, and paragraph 34(3) of Schedule 8 to, the Courts Act 1971. See section 48(1) of the

. Section 72A(2) was amended by section 103(1) of, and paragraph 14 of Schedule 6 to, the

. Section 72A(3) was amended by section 103(1) of, and paragraph 15 of Schedule 6 to, the

Section 72B

The words "the Crown Court" were substituted for the words "a court of assize or quarter sessions" by section 56 of, and paragraph 34(3) of Schedule 8 to, the Courts Act 1971. Section 72B(3) was inserted by section 103(1) of, and paragraph 16 of Schedule 6 to, the

Section 74

See section 79(3) of the

Section 83

Section 56 and Schedule 9 to the Courts Act 1971 substituted a reference to the

Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...

Section 84

This section was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 85

Section 85(1) was repealed by section 56 of, and paragraph 34(4)(a) of Schedule 8 to, and Part IV of Schedule 11 to the Courts Act 1971. It was superseded by the provisions of the Courts Act 1971 authorising the making of Crown Court rules. Section 85(2A) was inserted by section 56 of, and paragraph 34(4)(b) of Schedule 8 to, the Courts Act 1971.

Section 86

This section was amended by section 56 of, and paragraph 34(1) of Schedule 8 to, the Courts Act 1971.

Section 89

This section was amended by section 56 of, paragraph 34(1) of Schedule 8 to, the Courts Act 1971.

Section 91

See section 74(11) of the

Section 95

See section 18(4) of the

Section 96

See section 47(8) of the

. Section 96(4) was amended by section 103(1) of, and paragraph 17 of Schedule 6 to, the

Section 98

Sections 98(2) and (3) were amended by section 103(1) of, and paragraph 18 of Schedule 6 to, the

Section 102

Section 102(3) was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 104

See section 90(2) of the

. The proviso to this section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 110

Section 110(1) was amended by section 103(1) of, and paragraph 19 of Schedule 6 to, the

Section 111

Section 111 was amended by section 103(1) of, and paragraph 20 of Schedule 6 to, the

Section 113

Section 113(2) was repealed by section 103(2) of, and Part I of Schedule 7 to, the

Section 114

Sections 114(1)(c) to (e) and 114(2) were repealed by section 103(2) of, and Part I of Schedule 7 to, the

Section 122

The words "officers of the Crown Court" were substituted for the words "clerks of assize and clerks of the peace" by section 56 of, and paragraph 34(5) of Schedule 8 to, the Courts Act 1971. Section 122(1)(c) was amended by section 56 of, and paragraph 34(1) of Schedule 8 to, the Courts Act 1971.

Section 125

This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 126

Section 126(7) was repealed by section 10(2) of, and Part III of Schedule 3 to, the

. The definition of " clerk of assize" in section 126(1) was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Section 127

Section 127(2) was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 129

This section was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Schedule 1

See section 27 of the

. Entries numbers 1, 5 and 6 were repealed by section 33(3) of, and Part III of Schedule 3 to the

. Paragraph 8 was substituted by section 33 of, and Part III of Schedule 2 to, the

. The word "four" in paragraph 11 was repealed by section 10(2) of, and Part III of Schedule 3 to, the

, except in relation to offences committed before the commencement of that Act. Paragraph 11 was substituted by section 29(2) of the

. Paragraph 15 was repealed by section 3(2) of, and Schedule 2 to, the

Suicide Act 1961 The Suicide Act 1961 (9 & 10 Eliz 2 c 60) is an Act of the Parliament of the United Kingdom. It decriminalised the act of suicide in England and Wales so that those who failed in the attempt to kill themselves would no longer be prosecuted. Th ...

, except in respect to proceedings commenced before the commencement of that Act. This Schedule was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Schedule 2

Paragraph 6 was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971. The words "the trial by jury of certain summary offences" in paragraph 8 were repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Schedule 3

The table in paragraph 1 was substituted by section 93(1) of the

. Paragraph 3 was amended by section 93(2) of the

. It was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Schedule 4

The following headings, and all the entries therein, were repealed by section 103(2) of and Part I of Schedule 7 to the

, that is to say: *"Committal for trial" *"Summary trial" *"Conviction" *"Examination" *"Extradition Act 1873 (36 & 37 Vict. c. 60) s. 5" *"Information" *"Recognizance" In the heading "Attendance", the words "or to take an examination elsewhere than in court" were repealed by section 103(2) of and Part I of Schedule 7 to the

. In the heading "Copy", the first two entries and the word "other" in the third entry were repealed by section 103(2) of and Part I of Schedule 7 to the

. In the heading "Order", the entry beginning "Order in case" were repealed by section 103(2) of and Part I of Schedule 7 to the

. In the heading "Summons", the words from "to include" to "time" were repealed by section 103(2) of and Part I of Schedule 7 to the

. In the heading "Warrant", in the entry beginning "To commit", the words "conviction or" in both places where they occur were repealed by section 103(2) of and Part I of Schedule 7 to the

. In the Note, the words "for re-swearing any person to any examination, or" were repealed by section 103(2) of and Part I of Schedule 7 to the

Schedule 5

The words "clerk of assize, clerk of the peace or other" in the amendment of the

Criminal Law Amendment Act 1867 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

were repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971. The amendments of the

Assizes Relief Act 1889 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 ...

, the Summary Jurisdiction (Appeals) Act 1933 and sections 20 and 29 of the

Criminal Justice Act 1948 The Criminal Justice Act 1948 () is an Act of the Parliament of the United Kingdom. Overview It is "one of the most important measures relating to the reform of the criminal law and its administration". It abolished: * penal servitude, har ...

were repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971.

Part III

Sections 44(2) to (11) of the

had effect with respect to the issue of a warrant of commitment under this Part, for default in paying a sum adjudged to be paid by a conviction of a magistrates' court.The

, section 44(1) See also section 50 of the Criminal Justice Act 1967.

References

Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...

. Third Edition. Volume 21. Page 181 et seq. *The Public General Acts and Church Assembly Measures of 1952. Printed by Henry George Gordon Welch, controller of HMSO and Queen's Printer of Acts of Parliament. 1952.

External links

{{UK legislation United Kingdom Acts of Parliament 1952 Acts of the Parliament of the United Kingdom concerning England and Wales 1952 in England 1952 in Wales Magistrates' courts in England and Wales