Administration of Justice (Miscellaneous Provisions) Act 1933
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Long titleAn Act to abolish grand juries and amend the law as to the presentment of indictments; to provide for the summary determination of questions as to liability for death duties; to make provision for alternative procedure for the recovery of Crown debts and to enable proceedings by the Crown to be instituted in county courts in appropriate cases; to amend the procedure as to certain prerogative writs and as to trials by jury in the High Court; to amend the law as to the payment of costs by and to the Crown; to provide for the further delegation of the jurisdiction of the Master in Lunacy; and for purposes connected with the matters aforesaid.
Citation23 & 24 Geo. 5. c. 36
Territorial extentEngland and Wales[b]
Royal assent28 July 1933
| Act of Parliament | |
.svg) | |
| Long title | An Act to abolish grand juries and amend the law as to the presentment of indictments; to provide for the summary determination of questions as to liability for death duties; to make provision for alternative procedure for the recovery of Crown debts and to enable proceedings by the Crown to be instituted in county courts in appropriate cases; to amend the procedure as to certain prerogative writs and as to trials by jury in the High Court; to amend the law as to the payment of costs by and to the Crown; to provide for the further delegation of the jurisdiction of the Master in Lunacy; and for purposes connected with the matters aforesaid. |
|---|---|
| Citation | 23 & 24 Geo. 5. c. 36 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 28 July 1933 |
| Commencement | 1 September 1933[c] |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
Status: Partially repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Administration of Justice (Miscellaneous Provisions) Act 1933 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Administration of Justice (Miscellaneous Provisions) Act 1933 (23 & 24 Geo. 5. c. 36) is an act of the Parliament of the United Kingdom that abolished grand juries and amended the law relating to the presentment of indictments, Crown proceedings, prerogative writs, jury trials, and costs in England and Wales.[1]
Repealed enactments
Section 10(3) of the act repealed 38 enactments, listed in the third schedule to the act.[2]
| Citation | Short title | Extent of repeal | |
|---|---|---|---|
| 33 Hen. 8. c. 39 | Crown Debts Act 1541 | The Byll for the stablishment of the Courte of Surveyors | In section thirty-six, the word "costs". |
| 38 Geo. 3. c. 52 | Counties of Cities Act 1798 | The Counties of Cities Act, 1798 | In section five, the words "before the grand jury and". |
| 16 & 17 Vict. c. 51 | Succession Duty Act 1853 | The Succession Duty Act, 1853 | In section fifty, the words "and the costs thereof". |
| 18 & 19 Vict. c. 90 | Crown Suits Act 1855 | The Crown Suits Act, 1855 | The whole act. |
| 22 & 23 Vict. c. 17 | Vexatious Indictments Act 1859 | The Vexatious Indictments Act, 1859 | The whole act. |
| 22 & 23 Vict. c. 21 | Queen's Remembrancer Act 1859 | The Queen's Remembrancer Act, 1859 | Section twenty-one. |
| 27 & 28 Vict. c. 57 | Admiralty Lands and Works Act 1864 | The Admiralty Lands and Works Act, 1864 | In section eleven, the words from "and in any such action" to the end of the section. |
| 28 & 29 Vict. c. 104 | Crown Suits Act 1865 | The Crown Suits Act, 1865 | In section fifty-eight, the words "and for costs"; and in section fifty-nine, the words "and may award costs". |
| 28 & 29 Vict. c. 124 | Admiralty Powers &c. Act 1865 | The Admiralty Powers &c. Act, 1865 | In section two, the words from "and in any action" to the end of the section. |
| 30 & 31 Vict. c. 35 | Criminal Law Amendment Act 1867 | The Criminal Law Amendment Act, 1867 | Section one. |
| 31 & 32 Vict. c. 78 | Admiralty Suits Act 1868 | The Admiralty Suits Act, 1868 | Section five. |
| 31 & 32 Vict. c. 110 | Telegraph Act 1868 | The Telegraph Act, 1868 | In section six, the words "to pay costs and". |
| 32 & 33 Vict. c. 62 | Debtors Act 1869 | The Debtors Act, 1869 | In section eighteen, the words "shall be deemed to be an offence within and subject to the provisions of the Vexatious Indictments Act, 1859". |
| 40 & 41 Vict. c. 13 | Customs, Inland Revenue, and Savings Banks Act 1877 | The Customs and Inland Revenue and Savings Bank Act, 18 | Section five, so far as it relates to civil proceedings by the Crown. |
| 43 & 44 Vict. c. 19 | Taxes Management Act 1880 | The Taxes Management Act, 1880 | In paragraph (6) of subsection (2) of section fifty-nine, the words "and may make such order as to costs". |
| 44 & 45 Vict. c. 60 | Newspaper Libel and Registration Act 1881 | The Newspaper Libel and Registration Act, 1881 | Section six. |
| 45 & 46 Vict. c. 50 | Municipal Corporations Act 1882 | The Municipal Corporations Act, 1882 | In subsection (2) of section one hundred and eighty-six, the words from "and shall" to the end of the subsection. |
| 48 & 49 Vict. c. 69 | Criminal Law Amendment Act 1885 | The Criminal Law Amendment Act, 1885 | In section seventeen, the words from the beginning to "amending the same and". |
| 50 & 51 Vict. c. 28 | Merchandise Marks Act 1887 | The Merchandise Marks Act, 1887 | Section thirteen. |
| 52 & 53 Vict. c. 49 | Arbitration Act 1889 | The Arbitration Act, 1889 | In section twenty-three, the words "or shall affect the law as to costs payable by the Crown". |
| 54 & 55 Vict. c. 39 | Stamp Act 1891 | The Stamp Act, 1891 | In subsection (4) of section thirteen, the words "with or without costs as the court may determine," and subsection (5) of the same section. |
| 57 & 58 Vict. c. 30 | Finance Act 1894 | The Finance Act, 1894 | In subsection (3) of section ten, the words "the costs of the appeal shall be in the discretion of the court and". |
| 6 Edw. 7. c. 34 | Prevention of Corruption Act 1906 | The Prevention of Corruption Act, 1906 | Subsection (2) of section two. |
| 8 Edw. 7. c. 15 | Costs in Criminal Cases Act 1908 | The Costs in Criminal Cases Act, 1908 | In subsection (2) of section six, the words "presented to a grand jury under the Vexatious Indictments Act, 1859"; and subsection (2) of section nine. |
| 8 Edw. 7. c. 41 | Assizes and Quarter Sessions Act 1908 | The Assizes and Quarter Sessions Act, 1908 | In subsection (5) of section one, the words "to a grand jury". |
| 8 Edw. 7. c. 45 | Punishment of Incest Act 1908 | The Punishment of Incest Act, 1908 | Subsection (1) of section four. |
| 1 & 2 Geo. 5. c. 6 | Perjury Act 1911 | The Perjury Act, 1911 | Section eleven. |
| 4 & 5 Geo. 5. c. 59 | Bankruptcy Act 1914 | The Bankruptcy Act, 1914 | In subsection (3) of section one hundred and sixty-four, the words from "shall be deemed" to "that Act". |
| 5 & 6 Geo. 5. c. 90 | Indictments Act 1915 | The Indictments Act, 1915 | In section seven, the words "the Vexatious Indictments Act, 1859, as amended by section one of the Criminal Law Amendment Act, 1867, or" and the proviso. |
| 8 & 9 Geo. 5. c. 40 | Income Tax Act 1918 | The Income Tax Act, 1918 | In subsection (2)(a) of section one hundred and forty-nine, the words "and may make such order as to costs"; and in section one hundred and sixty-nine, the words "with full costs of suit". |
| 9 & 10 Geo. 5. c. 50 | Ministry of Transport Act 1919 | The Ministry of Transport Act, 1919 | In subsection (1) of section twenty-six, the words "and costs may be awarded to or against the Minister". |
| 10 & 11 Geo. 5. c. 81 | Administration of Justice Act 1920 | The Administration of Justice Act, 1920 | In subsection (1) of section four, the words from "and the grand jury" to the end of the subsection. |
| 12 & 13 Geo. 5. c. 11 | Juries Act 1922 | The Juries Act, 1922 | In subsection (1) of section four, the words "on grand juries in the borough and". |
| 12 & 13 Geo. 5. c. 60 | Lunacy Act 1922 | The Lunacy Act, 1922 | In subsection (2) of section one, the words "as regards administration and management". |
| 15 & 16 Geo. 5. c. 49 | Supreme Court of Judicature (Consolidation) Act 1925 | The Supreme Court of Judicature (Consolidation) Act, 1925 | In subsection (5) of section seventy-eight, the words "to a grand jury". |
| 15 & 16 Geo. 5. c. 72 | Honours (Prevention of Abuses) Act 1925 | The Honours (Prevention of Abuses) Act, 1925 | Subsection (4) of section one. |
| 15 & 16 Geo. 5. c. 86 | Criminal Justice Act 1925 | The Criminal Justice Act, 1925 | Subsection (4) of section thirteen; section nineteen; and in subsection (1) of section thirty-three, the words "to the grand jury". |
| 23 & 24 Geo. 5. c. 12 | Children and Young Persons Act 1933 | The Children and Young Persons Act, 1933 | Section sixteen. |
Subsequent developments
Section 5 of the act was repealed by section 20(3) of, and the fourth schedule to, the Administration of Justice (Miscellaneous Provisions) Act 1938 (1 & 2 Geo. 6. c. 63), which came into force on 1 January 1939.[3]
Section 4 of the act was repealed by the Crown Proceedings Act 1947.[4]
Section 8 of the act was repealed by the Mental Health Act 1959.[5]
Schedule 1 was repealed by the Criminal Law Act 1967.[6]
Section 1 of the act was repealed by section 56(4) of, and part IV of schedule 11 to, the Courts Act 1971 (c. 23), which came into force on 1 January 1972.[7]
Section 3 of the act was repealed by the Finance Act 1975.[8]
Section 6 of the act was repealed by section 152(4) of, and schedule 7 to, the Senior Courts Act 1981 (1981 c. 54).[9]
Sections 2 and 7 of the act remain in force. Section 2, which established the procedure for the preferment of bills of indictment following the abolition of grand juries, has been significantly amended by the Criminal Justice Act 2003[10] and the Deregulation Act 2015.[11]
