Page:Magistrates’ Courts Act 1980.pdf/40

This page has been proofread, but needs to be validated.
32c. 43
Magistrates’ Courts Act 1980

Part I

Taking of finger-prints. 49.—(1) Where any person not less than 14 years old—

(a) who has been taken into custody is charged with an offence before a magistrates’ court; or
(b) appears before a magistrates’ court in answer to a summons for an offence punishable with imprisonment,

the court may, if it thinks fit, on the application of a police officer not below the rank of inspector, order the finger-prints of that person to be taken by a constable.

(2) Finger-prints taken in pursuance of an order under this section shall be taken either at the place where the court is sitting or, if the person to whom the order relates is remanded in custody, at any place to which he is committed; and a constable may use such reasonable force as may be necessary for that purpose.

(3) The provisions of this section shall be in addition to those of any other enactment under which finger-prints may be taken.

(4) Where the finger-prints of any person have been taken in pursuance of an order under this section, then, if he is acquitted, or the examining justices determine not to commit him for trial, or if the information against him is dismissed, the finger-prints and all copies and records of them shall be destroyed.

(5) In this section “finger-prints” includes palm-prints.

Construction of references to complaint in enactments dealing with offences. 50. In any enactment conferring power on a magistrates’ court to deal with an offence, or to issue a summons or warrant against a person suspected of an offence, on the complaint of any person, for references to a complaint there shall be substituted references to an information.


Part II
Civil Jurisdiction and Procedure

Jurisdiction to issue summons and deal with complaints

Issue of summons on complaint. 51. Subject to the provisions of this Act, where a complaint is made to a justice of the peace acting for any petty sessions area upon which a magistrates’ court acting for that area has power to make an order against any person, the justice may issue a summons directed to that person requiring him to appear before a magistrates’ court acting for that area to answer to the complaint.

Jurisdiction to deal with complaints.

52. Where no express provision is made by any Act or the rules specifying what magistrates’ courts shall have jurisdiction to hear a complaint, a magistrates’ court shall have such jurisdiction if the complaint relates to anything done within the commission area for which the court is appointed or anything left