Criminal Justice Administration (Amendment) Act 1959

JurisdictionUK Non-devolved
Citation1959 c. 41
Year1959


Criminal Justice Administration (Amendment) Act, 1959

(7 & 8 Eliz. 2) CHAPTER 41

An Act to amend the law relating to the formation of additional courts of quarter sessions in boroughs.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Additional courts of quarter sessions in certain boroughs.

1 Additional courts of quarter sessions in certain boroughs.

(1) In section fifteen of the Criminal Justice Administration Act, 1956 (which provides that the power of the recorder under section one hundred and sixty-eight of the Municipal Corporations Act, 1882 , to order a second court to be formed shall extend to the formation of more than one additional court, up to such number as may be authorised by the resolution of the borough council enabling him to exercise his powers under that section), at the end there shall be added the following subsection, that is to say—

(6) Where in the case of any borough—

(a ) the power of the recorder under the said section one hundred and sixty-eight to order a second court to be formed is exercisable by virtue of a local Act without the authority of a resolution of the borough council; and

(b ) it has been certified to the recorder in writing signed by the mayor or two aldermen or the town clerk that the council have resolved that it is expedient for the additional powers conferred by this section to be exercisable, this section shall have effect in relation to that borough as if for the reference in subsection (1) of this section to the resolution therein mentioned there were substituted a reference to the resolution mentioned in paragraph (b ) of this subsection; and such a resolution and certificate as are mentioned in the said paragraph (b ) shall, if the resolution so provides, continue in force for the period of twelve months beginning with the date of the resolution, and if they so continue in force no fresh resolution or certificate shall be required during that period’.

(2) In paragraph (a ) of subsection (6) of the said section one hundred and sixty-eight (which provides that a recorder shall not exercise the powers given by that section unless it has been before each quarter sessions certified to him that the council of the borough have resolved that it will be expedient that those powers be exercised), the words ‘before each...

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