Courts Act 1971

Courts Act 1971[1]
Act of Parliament
Long titleAn Act to make further provision as respects the [Senior Courts] and county courts, judges and juries, to establish a Crown Court as part of the [Senior Courts] to try indictments and exercise certain other jurisdiction, to abolish courts of assize and certain other courts and to deal with their jurisdiction and other consequential matters, and to amend in other respects the law about courts and court proceedings.[2]
Citation1971 c. 23
Dates
Royal assent12 May 1971
Other legislation
AmendsHabeas Corpus Act 1679
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Courts Act 1971[1] (c. 23) is an act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales, as well as effectively separating the business of the criminal and civil courts.[3]

It established the Crown Court, introduced the posts of circuit judge and recorder, and abolished various local courts across the country.[4] Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the act is still in place.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 and quarter sessions. The appellate 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 This section has now been superseded by the Senior Courts Act 1981.

  1. ^ a b The citation of this act by this short title is authorised by section 59(1) of this act.
  2. ^ The words in brackets were substituted on 1 October 2009 by the sections 59 and 148 of, and paragraph 4 of Schedule 11 to, the Constitutional Reform Act 2005. As to commencement see articles 2(b) and (d) of SI 2009/1604.
  3. ^ Hines, Gerald (1972). "The Courts Act 1971". The British Journal of Criminology. 12 (3): 292–297. ISSN 0007-0955.
  4. ^ Grzybowski, Kazimierz (1973). "Court Reform in England". The American Journal of Comparative Law. 21 (4): 747–751. doi:10.2307/839086. ISSN 0002-919X.