Section 66 Judges having powers of District Judges (Magistrates' Courts)I1
England and Wales
Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—
criminal causes and matters,F1...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The offices are—
judge of the High Court;
F2Master of the Rolls;
ordinary judge of the Court of Appeal;
Senior President of Tribunals;
deputy judge of the High Court;
Circuit judge;
deputy Circuit judge;
recorder.
F3Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;
judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;
transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);
deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);
office listed—
in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or
in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);
district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);
deputy district judge appointed under section 102 of the Senior Courts Act 1981;
judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;
transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);
member of a panel of Employment Judges established for England and Wales or for Scotland.
F4A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.
For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6 In this section “ qualifying judge advocate ” means—
the Judge Advocate General; or
a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).
Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.
F7This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.
Annotations
Textual amendments
- F1
S. 66(1)(b) and word in s. 66(1)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F2
S. 66(2)(aa)-(ac) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(2); S.I. 2013/2200, art. 3(g)
- F3
S. 66(2)(f)-(o) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(3); S.I. 2013/2200, art. 3(g)
- F4
S. 66(2A) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(a); S.I. 2012/669, art. 4(c)
- F5
S. 66(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F6
S. 66(5)(6) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(b); S.I. 2012/669, art. 4(c)
- F7
S. 66(7) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(4); S.I. 2013/2200, art. 3(g)
Commencement
- I1
S. 66 partly in force; s. 66 not in force at Royal Assent see s. 110(1)(2); s. 66(1)(a)(2)(3) in force at 26.1.2004 by S.I. 2003/3345, art. 2(a)(iv)