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Gus Mooney's avatar

Martin, my son and I have been trying to work through the law and legislature in our own attempts to challenge the system. My son doesn't subscribe but read your article with interest. He had some queries and asked me to post them for you;

Hi Martin, thanks for the article. I have read it in full, as well as the cited legislation, and tried my best to come to an understanding of how you arrived at these 4 prepositions, however, I have hit an impasse and would like your clarification on the following queries:

First query

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Are you drawing a distinction between Magistrates' courts and tribunals? If so, what is the basis for this distinction?

Here's what the legislation you cited states. Magistrates’ Courts Act 1980, section 148(1) https://www.legislation.gov.uk/ukpga/1980/43/section/148:

"In this Act the expression “magistrates’ court” means any justice or justices of the peace acting under any enactment or by virtue of his or their commission or under the common law".

Criminal Procedure Rules (CrimPR) section 2.2(1) https://www.legislation.gov.uk/uksi/2025/909/rule/2.2:

" ‘court’ means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates’ Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals and an authorised court officer".

Taken together, this would imply that any justice(s) of the peace acting under any enactment or by virtue of his or their commission or under the common law, are a court (and, therefore, a tribunal) for the purposes of CrimPR.

Second query

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Regarding preposition 3, where do you get this requirement of a "Lord-Chancellor–designated office" from?

Preposition 3 states "A court legally exists at a Lord-Chancellor–designated office (CrimPR 4.1–4.2). This is the only location recognised for service and ignition of jurisdiction". However, Part 4 of CrimPR (https://www.legislation.gov.uk/uksi/2025/909/part/4) is titled 'service of documents' and CrimPR section 4.1 (https://www.legislation.gov.uk/uksi/2025/909/rule/4.1) reads:

When this Part applies

4.1.—(1) The rules in this Part apply to the service of—

1. every document in a case to which these Rules apply; and

2. any document which other legislation allows or requires to be served in accordance with these Rules.

This does not appear to be relevant to constituting a court or tribunal.

Third query

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Under part II. The Ignition of Judicial Existence of your article, it states "3. acting for the proper jurisdiction". Is jurisdiction here (and throughout the rest of the article) referring to local justice areas (LJA) as mentioned in preposition 1? If so, are you saying that Magistrates' courts only have jurisdiction over their assigned LJA? If not, could you please explain more precisely what you mean by 'jurisdiction'.

Regarding preposition 1: "Justices and District Judges are assigned for a Local Justice Area (Courts Act 2003, ss. 8–10). This creates the territorial foundation". The Courts Act 2003 Explanatory notes (Commentary on Sections: Part 2) (https://www.legislation.gov.uk/ukpga/2003/39/notes/division/6) makes multiple statements about the purpose of 'LJA' and the Lord Chancellors' powers:

"47. This section clarifies that assignment to a local justice area is not to limit jurisdiction to that area. However, the section also provides that if a justice is to act outside his normal place of sitting, he is to do so in accordance with arrangements. It is envisaged that these would be informal in nature".

"82. Section 30 empowers the Lord Chancellor to direct where and when magistrates’ courts are to sit. This would allow magistrates’ courts’ business to be conducted at any place in England and Wales ... The places at which magistrates’ courts sit and the days and times at which they sit would be determined in accordance with directions made by the Lord Chancellor".

This disagrees with the idea that Magistrates' courts must always be held in the relevant LJA.

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AndrewDHarry's avatar

How do Summonses fit in here. Is the Court ‘live’ when one is issued? Ought it be?

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