Civil Law (Miscellaneous Provisions) Act 2008

23.

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.”.