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Courts Act 1971

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Courts Act 1971

The Courts Act 1971 (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.

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 Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the act is still in place.

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 This section has now been superseded by the Senior Courts Act 1981.

Section 59(1) of the act provided that the act may be cited as the "Courts Act 1971".

Section 59(2) of the act provided that the act would come into force on a day (or days) appointed by the Lord Chancellor by statutory instrument.

The Courts Act 1971 (Commencement) Order 1971 (SI 1971/1151) 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 59(5) of the act provided that the act would not extend to Scotland unless expressly provided in the subsections.

Section 59(6) of the act provided that the act would not extend to Ireland unless expressly provided in the subsections.

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