Courts Act 1971

The Courts Act 1971 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.
It established the Crown Court, introduced the posts of circuit judge and recorder, and abolished various local courts across the country. Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the act is still in place.

Provisions

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 This section has now been superseded by the Senior Courts Act 1981.

Short title, commencement and extent

Section 59 of the act provided that the act may be cited as the "Courts Act 1971".
Section 59 of the act provided that the act would come into force on a day appointed by the Lord Chancellor by statutory instrument.
The provided that the act would come into force on 1 January 1972, except that the following provisions would come into force on 1 October 1971:

section 20, so far as it relates to judges of the Court of Appeal and of the High Court
section 39
section 46
section 56 and, so far as it relates to the provisions of schedule and schedule 11 referred to below
sections 58 and 59 schedule 8, paragraphs 18, 34 and 46
schedule 11, Part I, so far as it relates to section 96 of the County Courts Act 1959 and Part IV, so far as it relates to section 1 of the Magistrates’ Courts Act 1952 and to section 1 of the Criminal Appeal Act 1966

Section 59 of the act provided that the act would not extend to Scotland unless expressly provided in the subsections.
Section 59 of the act provided that the act would not extend to Ireland unless expressly provided in the subsections.
Section 59 of the act provided that schedule 8 to the act would extend to the Isle of Man and the Channel Islands so far as it amends section 13 of the Indictable Offences Act 1848.

History

Report of the Royal Commission on Assizes and Quarter Sessions was published in 1969 and chaired by Dr. Beeching. The act was based on most of the report recommendations.
The courts abolished by this act are:

all assize courts
all quarter sessions
The Court of Chancery of the County Palatine of Lancaster
The Court of Chancery of the County Palatine of Durham and Sadberge
The Mayor's and City of London Court
The Tolzey and Pie Poudre Courts of the City and County of Bristol
The Liverpool Court of Passage
The Norwich Guildhall Court
The Court of Record for the Hundred of Salford

The officers of these courts were generally eligible to become circuit judges.
The post of circuit judge is introduced in the second part of the act. They sit in the Crown Court and county courts, are appointed by the monarch on the Lord Chancellor's advice, and retire at the age of 72. The Lord Chancellor may also sack a circuit judge on the grounds of "incapacity or misbehaviour". Judges are to have a salary and pension, and must take an oath of office. The act also introduces part-time Crown Court judges, known as recorders—also appointed by the Lord Chancellor.
The fourth part of the act governs the selection of juries and related rules; it has since been repealed by the Juries Act 1974. Most of the remainder of the act is about other miscellaneous administrative provisions relating to appointments, payment, and accommodation; these have almost all been repealed by the Supreme Court Act and other justice legislation.