sec.45Remuneration during suspension and after conviction

### sec.45 Remuneration during suspension and after conviction A magistrate is entitled to remuneration during a period of suspension under section 43 (1) or section 44 (1) or (2) . However, but subject to subsection (3) , if a magistrate is convicted of an indictable offence, the magistrate is not entitled to remuneration on and from the day of the conviction. A magistrate who is convicted of an indictable offence is entitled to remuneration during the period the magistrate is subject to the conviction if— the magistrate’s conviction is quashed on appeal and proceedings for the offence are at an end; or the magistrate’s conviction is quashed on appeal but a new trial is ordered; or the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate. Subsection (2) has effect despite section 47 and the Judicial Remuneration Act 2007 . s 45 ins 2003 No. 86 s 10 amd 2007 No. 55 s 54 sch 1 (sec.45-ssec.1) A magistrate is entitled to remuneration during a period of suspension under section 43 (1) or section 44 (1) or (2) . (sec.45-ssec.2) However, but subject to subsection (3) , if a magistrate is convicted of an indictable offence, the magistrate is not entitled to remuneration on and from the day of the conviction. (sec.45-ssec.3) A magistrate who is convicted of an indictable offence is entitled to remuneration during the period the magistrate is subject to the conviction if— the magistrate’s conviction is quashed on appeal and proceedings for the offence are at an end; or the magistrate’s conviction is quashed on appeal but a new trial is ordered; or the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate. (sec.45-ssec.4) Subsection (2) has effect despite section 47 and the Judicial Remuneration Act 2007 . - (a) the magistrate’s conviction is quashed on appeal and proceedings for the offence are at an end; or - (b) the magistrate’s conviction is quashed on appeal but a new trial is ordered; or - (c) the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate.