Magistrates’ Courts Act 1980 (c. 43)

Part I E+W+S Criminal Jurisdiction and Procedure

Summary trial of information E+W+S

10 Adjournment of trial. E+W

(1) A magistrates’ court may at any time, whether before or after beginning to try an information, adjourn the trial, and may do so, notwithstanding anything in this Act, when composed of a single justice.

(2) The court may when adjourning either fix the time and place at which the trial is to be resumed, or, unless it remands the accused, leave the time and place to be determined later by the court; but the trial shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.

(3) A magistrates’ court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case, exercise its power to adjourn after convicting the accused and before sentencing him or otherwise dealing with him; but, if it does so, the adjournment shall not be for more than 4 weeks at a time unless the court remands the accused in custody and, where it so remands him, the adjournment shall not be for more than 3 weeks at a time.

F1 [(3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—

(a) that the court commits the accused for trial for another offence; or

(b) that the accused is charged with another offence.]

(4) On adjourning the trial of an information the court may remand the accused and, where the accused has attained [F2 the age of 18 years], shall do so if the offence is triable either way and—

(a) on the occasion on which the accused first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or

(b) the accused has been remanded at any time in the course of proceedings on the information;

and, where the court remands the accused, the time fixed for the resumption of the trial shall be that at which he is required to appear or be brought before the court in pursuance of the remand [F3 or would be required to be brought before the court but for section 128(3A) below].

Textual Amendments

F1 S. 10(3A) inserted (30.9.1998) by 1998 c. 37, s. 47(5); S.I. 1998/2327, art.2(1)(k)

F2 Words in s. 10(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68(d), 101(1), Sch. 8 para. 6(1)(a), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F3 Words added by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 59(1), Sch. 9 para. 1(b)

Modifications etc. (not altering text)

C1 S. 10 applied by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 41(1), 123(6), Sch. 8 para. 16

C2 S. 10 excluded (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 2, 153, Sch. 2 para. 22(6); S.I. 2009/3074, art. 2(b)(n)

C3 S. 10 excluded (30.11.2009) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 1 para. 97A(9) (as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 107 (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(xv) (with art. 4))

C4 S. 10 excluded (30.11.2009) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 8 para. 6A(9) (as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 108(6) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(xv) (with art. 4))

C5 S. 10 excluded (30.11.2009) by Criminal Justice Act 2003 (c. 44), Sch. 8 para. 25A(6) (as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 109 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(xv) (with art. 4))

C6 S. 10 excluded by Street Offences Act 1959 (c. 57), Sch. para. 11(6) (as inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 17(4), 116(1), Sch. 1; S.I. 2010/507, art. 5(d) (with art. 6))

C7 S. 10 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 5 para. 9(7) (with Sch. 27); S.I. 2020/1236, reg. 2

C8 S. 10 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 7 para. 26(7) (with Sch. 27); S.I. 2020/1236, reg. 2

C9 S. 10 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 10 para. 26(6) (with Sch. 27); S.I. 2020/1236, reg. 2

C10 S. 10 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 4 para. 13(7) (with Sch. 27); S.I. 2020/1236, reg. 2

C11 S. 10(1) applied (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 6(6), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2