England and Wales · Family, criminal and employment
What period and facts govern magistrates reopening power in England and Wales?
Section 142 does not prescribe one universal fixed application period. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
- Period
- Section 142 does not prescribe one universal fixed application period
- Trigger
- The actual conviction, sentence or order and any completed appellate determination
- Rule
- Magistrates’ Courts Act 1980 section 142
The retained Magistrates’ Courts Act 1980 section 142 supports ask for the applicable variation, rescission or rehearing and obtain the court’s decision. Its complete-body snapshot and operative extract preserve the source edition, while existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
Source guide · No automated date
Check the applicable procedure
Magistrates’ Courts Act 1980 section 142. Section 142 does not prescribe one universal fixed application period. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening. This source guide provides no computed date or paid record.
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What period and facts govern magistrates reopening power in England and Wales?
Section 142 does not prescribe one universal fixed application period. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
Responsible actor. A magistrates’ court considering its interests-of-justice power.
The actual conviction, sentence or order and any completed appellate determination
Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
A magistrates’ court considering its interests-of-justice power. Section 142 does not prescribe one universal fixed application period. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
Magistrates’ Courts Act 1980 section 142How does this provision count time?
- Section 142 does not prescribe one universal fixed application period
- Ask for the applicable variation, rescission or rehearing and obtain the court’s decision.
- Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
Section 142 does not prescribe one universal fixed application period; retain Magistrates’ Courts Act 1980 section 142’s source wording and the actual statutory event instead of importing a different court-procedure count.
Section 142 establishes an interests-of-justice power without one universal application count. A prior appellate determination can exclude that power, regardless of office closure or the absence of an express filing period.
Magistrates’ Courts Act 1980 section 142Which facts prevent one automatic date?
Magistrates’ Courts Act 1980 section 142. Section 142 does not prescribe one universal fixed application period. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening. This source guide provides no computed date or paid record.
A magistrates’ court considering its interests-of-justice power has records of the actual conviction, sentence or order and any completed appellate determination. Section 142 does not prescribe one universal fixed application period. Ask for the applicable variation, rescission or rehearing and obtain the court’s decision. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening. Establish this procedure’s complete source facts before choosing an endpoint.
The proposed magistrates reopening power step meets a disputed communication, closed receiving office or uncertain hearing event. Section 142 does not prescribe one universal fixed application period; retain Magistrates’ Courts Act 1980 section 142’s source wording and the actual statutory event instead of importing a different court-procedure count. Section 142 establishes an interests-of-justice power without one universal application count. A prior appellate determination can exclude that power, regardless of office closure or the absence of an express filing period. Verify the legally completed magistrates reopening power act and actual applicable calendar. No assumed closure extension or substitute date is computed.
Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening. The actual conviction, sentence or order and any completed appellate determination. Section 142 does not prescribe one universal fixed application period. Ask for the applicable variation, rescission or rehearing and obtain the court’s decision. Resolve this source-specific qualification before relying on a result.
Which conditions and exceptions apply?
- Actor and completed magistrates reopening power act
- A magistrates’ court considering its interests-of-justice power. Ask for the applicable variation, rescission or rehearing and obtain the court’s decision.
- Actual magistrates reopening power event and branch
- The actual conviction, sentence or order and any completed appellate determination. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
- Counting and completion of magistrates reopening power
- Section 142 does not prescribe one universal fixed application period; retain Magistrates’ Courts Act 1980 section 142’s source wording and the actual statutory event instead of importing a different court-procedure count. Section 142 establishes an interests-of-justice power without one universal application count. A prior appellate determination can exclude that power, regardless of office closure or the absence of an express filing period.
- A magistrates’ court considering its interests-of-justice power. Section 142 does not prescribe one universal fixed application period. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
- Magistrates reopening power concerns ask for the applicable variation, rescission or rehearing and obtain the court’s decision. Its actual source event is the actual conviction, sentence or order and any completed appellate determination.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern magistrates reopening power in England and Wales?
What period governs magistrates reopening power?
Section 142 does not prescribe one universal fixed application period. Existing Crown Court or High Court determinations can exclude the relevant power. Absence of a fixed count does not guarantee reopening.
Magistrates’ Courts Act 1980 section 142Which event controls magistrates reopening power?
The actual conviction, sentence or order and any completed appellate determination. Keep evidence of that actual source event.
Magistrates’ Courts Act 1980 section 142What completes magistrates reopening power?
Ask for the applicable variation, rescission or rehearing and obtain the court’s decision. A magistrates’ court considering its interests-of-justice power must establish that completed step.
Magistrates’ Courts Act 1980 section 142Does no fixed period mean reopening must be granted?
No. Section 142 requires the interests-of-justice judgment and satisfaction of its particular statutory route.
Magistrates’ Courts Act 1980 section 142Can a completed appeal matter?
Subsections (1A) and (2A) identify appellate and case-stated determinations that prevent the relevant power being exercised.
Magistrates’ Courts Act 1980 section 142Does rehearing follow automatically from making an application?
The court must give the statutory direction. Preserve the actual decision before treating the earlier conviction or order as ineffective.
Magistrates’ Courts Act 1980 section 142Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Magistrates’ Courts Act 1980 section 142 | Check the identified procedure, event, counting rule or qualification |