Council Tax liability order hearings at magistrates courts
Dear HM Courts and Tribunals Service,
1. Who would preside over a Council Tax liability hearing at the Magistrates Court Barrow-in-Furness, please do not provide names, please only provide their title, position held, and their roles during the hearings.
2. Please also provide details on any other 'officials' that are normally present and their title, position held and roles during hearings. ie head of revenues at local Council etc
I asked the same information of the above mentioned local council but they referred me to your selves.
Yours faithfully,
Coral Star
Further to your enquiry on 21^st August 2023
Council tax hearings are heard by either 2 to 3 lay magistrates assisted
by a magistrates’ legal adviser or the District Judge accompanied by a
court associate. The magistrates or judge will make any determination
required with advice if necessary from the adviser. A court usher and or
security officer may also be present in the court room and as the hearings
are not deemed private, members of the public may sit at the back
including solicitors waiting to deal with other cases and journalists. At
least one representative from the local authority applying to the court
must be present to set out the applications being made or they cannot be
heard. Those advised that an application is being made concerning them may
also attend to make representations to the court if they so wish. The
court will sometimes grant consent for the council officer and/or person
notified to attend remotely via videolink or telephone if deemed
appropriate.
The position is the same in all magistrates courts in England and Wales
and in accordance with the Magistrates Court Act 1980.
Clare Golding
Magistrates’ Legal Adviser
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Dear CM-BarrowMcEnq,
Further to this, is the presiding Judge/magistrate in these cases acting under his/her sworn oath in their capacity as a Justice of the Peace?
And are these proceedings held in a court of record, with a case number and case manager
Yours sincerely,
Coral Star
Thank you for your email. This mailbox is monitored regularly Monday to
Friday between the hours of 8.30am and 5.00pm.
Your email will be responded to within 2 working days - If however, your
query is urgent/ regarding a hearing in the next two weeks, please
telephone 01229 820161.
If you have not received a reply within 3 working days please contact us
on 01229 820 161.
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Good afternoon,
I can advise the Freedom of Information Act (FOIA) regime is not the appropriate route of access to the information you are seeking. The FOIA is to ask for Recorded Information.
Questions relating to the handling of cases and court procedure should be directed to the court which handled your case. The rules that tell you about how any request for information by a party or person directly affected by a case in criminal matters are:
• The Criminal Procedure Rules (CPR) Part 5.9 and Part 5.10. Part 5.12 governs requests for certificates or extracts. Your request must follow the procedure set out in these rules. Further information regarding the CPR can be found here https://www.gov.uk/guidance/rules-and-pr...
• The control and access to civil case records (e.g. Council Tax matters) is determined by Barrow Magistrates’ Court, under the Rule 66C of Magistrates’ Court Rules. If you wish to obtain information, it is open to you apply to the Magistrates’ Court under that Rule. .
Kind regards
Business Support Officer
Business Support Team | HMCTS | Manchester Civil Justice Centre | Manchester | M60 9DJ
gov.uk/hmcts
Here is how HMCTS uses personal data about you
Thank you for your recent email.
A justice of the peace is a lay magistrate who is appointed from within the community as a volunteer and has received appropriate training in the criminal law and procedure. The magistrates have taken the relevant oath/affirmation and are sworn in. A District Judge however, usually hear the case alone and by virtue of their office, are Justices of the Peace.
The Magistrates’ Court are not court of records. Whilst under Criminal Procedure Rules 2020, Forms & Records, Part 5.4 there is a duty on the court to record specific information, this duty does not apply to non-payment of Council Tax cases as legislation does not requires those reasons to be recorded.
In such cases where are oral, proceedings are not always recorded and the District Judge/Magistrates will make their decision based on notes.
Nonetheless, we do however, keep a record of the names of each magistrate sat on the day.
S A Shah
Justices’ Legal Adviser
Dear CM-BarrowMcEnq,
Thank you for your time and info supplied, to help in my understanding.
Kind regards
Coral Star
Thank you for your email. This mailbox is monitored regularly Monday to
Friday between the hours of 8.30am and 5.00pm.
Your email will be responded to within 2 working days - If however, your
query is urgent/ regarding a hearing in the next two weeks, please
telephone 01229 820161.
If you have not received a reply within 3 working days please contact us
on 01229 820 161.
══════════════════════════════════════════════════════════════════════════
This e-mail and any attachments is intended only for the attention of the
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permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Internet e-mail is not a
secure medium. Any reply to this message could be intercepted and read by
someone else. Please bear that in mind when deciding whether to send
material in response to this message by e-mail. This e-mail (whether you
are the sender or the recipient) may be monitored, recorded and retained
by the Ministry of Justice. Monitoring / blocking software may be used,
and e-mail content may be read at any time. You have a responsibility to
ensure laws are not broken when composing or forwarding e-mails and their
contents.
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Sheila Woodland left an annotation ()
Magistrates Court Act 1980 s.58 and the County Court Act 1984 s.16 - Liability Orders cannot be enforced in The County Court because this court does not have the jurisdiction and liability orders can only be recoverable summarily.
Magistrates’ Courts Act 1980
58 Money recoverable summarily as civil debt.
(1)A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt.
https://www.legislation.gov.uk/ukpga/198...
County Courts Act 1984
16 Money recoverable by statute.
[F1The county court] shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if—
(a)it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily; F2 . . .
https://www.legislation.gov.uk/ukpga/198...