Civil Law (Miscellaneous Provisions) Act 2008
|
Substitution of sections 13A and 14 of Courts Act 1971. |
23.— The Courts Act 1971 is amended by substituting the following for sections 13A and 14 (inserted by section 20 of the Criminal Justice (Miscellaneous Provisions) Act 1997 ): | |
“Evidentiary weight of signed orders or warrants made or issued by District Court judge. | ||
14.— (1) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961 , an order made on or after the commencement of this section recording a decision of a judge of the District Court shall, when signed by— | ||
(a) any judge of the District Court assigned to the District Court district in which the order was made, or | ||
(b) subject to subsection (2), any district court clerk assigned to the District Court area in which the order was made, | ||
be evidence in any legal proceedings of the decision until the contrary is shown. | ||
(2) Paragraph (b) of subsection (1) shall not apply in the case of an order sending an accused person forward for trial. | ||
(3) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961 , a warrant issued on or after the commencement of this section by a judge of the District Court shall, when signed by— | ||
(a) any judge of the District Court assigned to the District Court district in which the warrant was issued, or | ||
(b) subject to subsection (4), any district court clerk assigned to the District Court area in which the warrant was issued, | ||
be evidence in any legal proceedings of the matters to which the warrant relates until the contrary is shown. | ||
(4) Paragraph (b) of subsection (3) shall not apply in the case of a search warrant or a warrant sending an accused person forward for trial.”. |