Section 44.
(1)Where—
(a)a person is charged before a magistrates' court with an offence which is triable only on indictment; or
(b)a person is charged before a magistrates' court with an offence triable either way and—
(i)the court has decided that the offence is more suitable for trial on indictment, or
(ii)the accused has not consented to be tried summarily,
the court and the prosecutor shall proceed with a view to transferring the proceedings for the offence to the Crown Court for trial.
(2)Where, under subsection (1) above or any other provision of this Part, a magistrates' court is to proceed with a view to transferring the proceedings for the offence to the Crown Court for trial, sections 5 to 8C below, or such of them as are applicable, shall apply to the proceedings against the accused, unless—
(a)the prosecutor decides to discontinue or withdraw the proceedings;
(b)the Commissioners of Customs and Excise decide, under section 152(a) of the [1979 c. 2.] Customs and Excise Management Act 1979, to stay or compound the proceedings;
(c)the court proceeds to try the information summarily under section 25(3) or (7) below; or
(d)a notice of transfer under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 or section 53 of the [1991 c. 53.] Criminal Justice Act 1991 is served on the court.
(3)The functions of a magistrates' court under sections 5 to 8C below may be discharged by a single justice.
(4)A magistrates' court may, at any stage in the proceedings against the accused, adjourn the proceedings, and if it does so shall remand the accused.
(5)Any reference in this Part to a magistrates' court proceeding with a view to transfer for trial is a reference to the court and the prosecutor proceeding with a view to transferring the case to the Crown Court for trial and any reference to transferring for trial shall be construed accordingly.
(1)Where this section applies to proceedings against an accused for an offence, the prosecutor shall, within the prescribed period or within such further period as the court may on application by the prosecutor allow, serve on the magistrates' court a notice of his case which complies with subsection (2) below.
(2)The notice of the prosecution case shall—
(a)specify the charge or charges the proceedings on which are, subject to section 6 below, to be transferred for trial;
(b)subject to subsection (5) below, include a set of the documents containing the evidence (including oral evidence) on which the charge or charges is or are based; and
(c)contain such other information (if any) as may be prescribed;
and in this Part a “notice of the prosecution case” means a notice which complies with this subsection.
(3)The accused and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.
(4)On serving the notice of the prosecution case on the magistrates' court, the prosecutor shall serve a copy of the notice on the accused, or each of the accused, unless the person to be served cannot be found.
(5)There shall be no requirement on the prosecutor to include in the notice of the prosecution case copies of any documents referred to in the notice as having already been supplied to the court or the accused, as the case may be.
(6)In this section “co-accused”, in relation to the accused, means any other person charged in the same proceedings with him.
(1)Where a notice of the prosecution case has been given in respect of proceedings before a magistrates' court, the accused, or any of them, may, within the prescribed period, or within such further period as the court may on application allow, make an application in writing to the court (“an application for dismissal”) for the charge or, as the case may be, any of the charges to be dismissed.
(2)If an accused makes an application for dismissal he shall, as soon as reasonably practicable after he makes it, send a copy of the application to—
(a)the prosecutor; and
(b)any co-accused.
(3)The prosecutor shall be given an opportunity to oppose the application for dismissal in writing within the prescribed period.
(4)The prosecutor and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.
(5)The court shall permit an accused who has no legal representative acting for him to make oral representations to the court when it considers his application for dismissal.
(6)An accused who has a legal representative acting for him and who makes an application for the dismissal of a charge may include in his application a request that, on the ground of the complexity or difficulty of the case, oral representations of his should be considered by the court in determining the application; and the court shall, if it is satisfied that representations ought, on that ground, to be considered, give leave for them to be made.
(7)The prosecutor shall be given an opportunity to oppose in writing within the prescribed period the giving of leave under subsection (6) above for representations to be made.
(8)If the accused makes the representations permitted under subsection (5) or (6) above, the court shall permit the prosecutor to make oral representations in response.
(9)Except for the purpose of making or hearing the representations allowed by subsection (5), (6) or (8) above, the prosecutor and the accused shall not be entitled to be present when the court considers the application for dismissal.
(10)The court, after considering the written evidence and any oral representations permitted under subsection (5), (6) or (8) above, shall, subject to subsection (11) below, dismiss a charge which is the subject of an application for dismissal if it appears to the court that there is not sufficient evidence against the accused to put him on trial by jury for the offence charged.
(11)Where the evidence discloses an offence other than that charged the court need not dismiss the charge but may amend it or substitute a different offence; and if the court does so the amended or substituted charge shall be treated as the charge the proceedings on which are to be transferred for trial.
(12)If the court permits the accused to make oral representations under subsection (6) above, but the accused does not do so, the court may disregard any document containing or indicating the evidence that he might have given.
(13)Dismissal of the charge, or any of the charges, against the accused shall have the effect of barring any further proceedings on that charge or those charges on the same evidence other than by preferring a voluntary bill of indictment.
(14)In this section “co-accused” has the same meaning as in section 5 above.
(1)Where a notice of the prosecution case has been served on a magistrates' court with respect to any proceedings and—
(a)the prescribed period for an application for dismissal has expired without any such application, or any application for an extension of that time, having been made; or
(b)an application for dismissal has been made and dismissed, or has succeeded in relation to one or more but not all the charges,
the court shall, within the prescribed period, in the prescribed manner, transfer the proceedings for the trial of the accused on the charges or remaining charges to the Crown Court sitting at a place specified by the court.
(2)In selecting the place of trial, the court shall have regard to—
(a)the convenience of the defence, the prosecution and the witnesses;
(b)the expediting of the trial; and
(c)any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the [1981 c. 54.] Supreme Court Act 1981.
(3)On transferring any proceedings to the Crown Court the magistrates' court making the transfer shall—
(a)give notice of the transfer and of the place of trial to the prosecutor and to the accused or each of the accused; and
(b)send to the Crown Court sitting at the place specified by the court a copy of the notice of the prosecution case and of any documents referred to in it as having already been supplied to the magistrates' court on which it was served and (where an application for dismissal has been made) a copy of any other evidence permitted under section 6 above.
(1)Where an accused has been remanded in custody, on transferring proceedings against him for trial a magistrates' court may—
(a)order that the accused shall be safely kept in custody until delivered in due course of law; or
(b)release the accused on bail in accordance with the [1976 c. 63.] Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.
(2)Where—
(a)a person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and
(b)in accordance with subsection (3) of section 8 of the [1976 c. 63.] Bail Act 1976, the court fixes the amount in which the surety is to be bound with a view to the surety’s entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,
the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.
(3)Where the court has ordered that a person be safely kept in custody in accordance with paragraph (a) of subsection (1) above, then, if that person is in custody for no other cause, the court may, at any time before his first appearance before the Crown Court, grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before the Crown Court for trial.
(4)The court may exercise the powers conferred on it by subsection (1) above in relation to the accused without his being brought before it if it is satisfied—
(a)that he has given his written consent to the powers conferred by subsection (1) above being exercised in his absence;
(b)that he had attained the age of 17 years when he gave that consent; and
(c)that he has not withdrawn that consent.
(5)Where proceedings against an accused are transferred for trial after he has been remanded on bail to appear before a magistrates' court on an appointed day, the requirement that he shall so appear shall cease on the transfer of the proceedings unless the magistrates' court transferring the proceedings states that it is to continue.
(6)Where that requirement ceases by virtue of subsection (5) above, it shall be the duty of the accused to appear before the Crown Court at the place specified by the magistrates' court on transferring the proceedings against him for trial or at any place substituted for it by a direction under section 76 of the [1981 c. 54.] Supreme Court Act 1981.
(7)If, in a case where the magistrates' court states that the requirement mentioned in subsection (5) above is to continue, the accused appears or is brought before the magistrates' court, the court shall have the powers conferred on a magistrates' court by subsection (1) above and, where the court exercises those powers, subsections (2) and (3) above shall apply as if the powers were exercised under subsection (1) above.
(8)This section is subject to section 4 of the Bail Act 1976, section 41 below, regulations under section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985 and section 25 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994.
(1)Except as provided in this section, it shall not be lawful—
(a)to publish in Great Britain a written report of an application for dismissal to a magistrates' court under section 6 above; or
(b)to include in a relevant programme for reception in Great Britain a report of such an application,
if (in either case) the report contains any matter other than matter permitted by this section.
(2)A magistrates' court may, on an application for the purpose made with reference to proceedings on an application for dismissal, order that subsection (1) above shall not apply to reports of those proceedings.
(3)Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the magistrates' court shall make the order if, and only if, the court is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.
(4)An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (5) below.
(5)It shall not be unlawful under this section to publish or include in a relevant programme a report of an application for dismissal containing any matter other than matter permitted by subsection (9) below where the application is successful.
(6)Where—
(a)two or more persons are charged in the same proceedings; and
(b)applications for dismissal are made by more than one of them,
subsection (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”.
(7)It shall not be unlawful under this section to publish or include in a relevant programme a report of an unsuccessful application for dismissal at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.
(8)Where, at any time during its consideration of an application for dismissal, the court proceeds to try summarily the case of one or more of the accused under section 25(3) or (7) below, while dismissing the application for dismissal of the other accused or one or more of the other accused, it shall not be unlawful under this section to publish or include in a relevant programme as part of a report of the summary trial, after the court determines to proceed as aforesaid, a report of so much of the application for dismissal containing any matter other than matter permitted by subsection (9) below as takes place before the determination.
(9)The following matters may be published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (5) or (7) above, that is to say—
(a)the identity of the magistrates' court and the names of the justices composing it;
(b)the names, age, home address and occupation of the accused;
(c)the offence, or offences, or a summary of them, with which the accused is or are charged;
(d)the names of legal representatives engaged in the proceedings;
(e)where the proceedings are adjourned, the date and place to which they are adjourned;
(f)the arrangements as to bail;
(g)whether legal aid was granted to the accused or any of the accused.
(10)The addresses that may be published or included in a relevant programme under subsection (9) are addresses—
(a)at any relevant time; and
(b)at the time of their publication or inclusion in a relevant programme.
(11)If a report is published or included in a relevant programme in contravention of this section, the following persons, that is to say—
(a)in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b)in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c)in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,
shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12)Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.
(13)Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.
(14)In this section—
“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;
“relevant programme” means a programme included in a programme service (within the meaning of the [1990 c. 42.] Broadcasting Act 1990); and
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
Where a notice of the prosecution case has been given in respect of proceedings before a magistrates' court, the court shall, in exercising any of its powers in relation to the proceedings, have regard to the desirability of avoiding prejudice to the welfare of any witness that may be occasioned by unnecessary delay in transferring the proceedings for trial.
Where a magistrates' court transfers proceedings for trial, the clerk of the court shall, within the prescribed period, cause to be displayed in a part of the court house to which the public have access a notice containing the prescribed information.”
1In this Part of this Schedule—
“the 1853 Act” means the [1853 c. 30.] Criminal Procedure Act 1853;
“the 1878 Act” means the [1878 c. 73.] Territorial Waters Jurisdiction Act 1878;
“the 1883 Act” means the [1883 c. 3.] Explosive Substances Act 1883;
“the 1933 Act” means the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933;
“the 1948 Act” means the [1948 c. 58.] Criminal Justice Act 1948;
“the 1952 Act” means the [1952 c. 52.] Prison Act 1952;
“the 1955 Act” means the [1955 c. 18.] Army Act 1955;
“the 1957 Act” means the [1957 c. 53.] Naval Discipline Act 1957;
“the 1967 Act” means the [1967 c. 80.] Criminal Justice Act 1967;
“the 1968 Act” means the [1968 c. 27.] Firearms Act 1968;
“the 1969 Act” means the [1969 c. 54.] Children and Young Persons Act 1969;
“the 1973 Act” means the [1973 c. 62.] Powers of Criminal Courts Act 1973;
“the 1976 Act” means the [1976 c. 63.] Bail Act 1976;
“the 1978 Act” means the [1978 c. 30.] Interpretation Act 1978;
“the 1979 Act” means the [1979 c. 2.] Customs and Excise Management Act 1979;
“the 1980 Act” means the [1980 c. 43.] Magistrates' Courts Act 1980;
“the 1981 Act” means the [1981 c. 54.] Supreme Court Act 1981;
“the 1982 Act” means the [1982 c. 48.] Criminal Justice Act 1982;
“the 1983 Act” means the [1983 c. 20.] Mental Health Act 1983;
“the 1984 Act” means the [1984 c. 28.] County Courts Act 1984;
“the 1985 Act” means the [1985 c. 23.] Prosecution of Offences Act 1985;
“the 1986 Act” means the [1986 c. 5.] Agricultural Holdings Act 1986;
“the 1987 Act” means the [1987 c. 38.] Criminal Justice Act 1987;
“the 1988 Act” means the [1988 c. 34.] Legal Aid Act 1988;
“the 1991 Act” means the [1991 c. 53.] Criminal Justice Act 1991; and
“the 1992 Act” means the [1992 c. 34.] Sexual Offences (Amendment) Act 1992.
2In section 9 of the 1853 Act (bringing up a prisoner to give evidence), for the words “under commitment for trial” there shall be substituted the words “pending his trial in the Crown Court”.
3In section 4 of the 1878 Act (procedure under that Act), for the words “committal of” there shall be substituted the words “transfer of proceedings against”.
4In section 6(3) of the 1883 Act (inquiry by Attorney-General, and apprehension of absconding witnesses), for the words “committing for trial of” there shall be substituted the words “consideration of an application for dismissal under section 6 of the Magistrates' Courts Act 1980 made by such person for such crime or the transfer for trial of proceedings against”.
5In section 42 of the Children and Young Persons Act 1933 (deposition of child or young person), for subsection (2)(a) there shall be substituted the following paragraph—
“(a)if the deposition relates to an offence in respect of which proceedings have already been transferred to the Crown Court for trial, to the proper officer of the court to which the proceedings have been transferred; and”.
6In section 56(1) of the Children and Young Persons Act 1933 (powers of courts to remit young offenders to youth court)—
(a)for the words “the offender was committed” there shall be substituted the words “proceedings against the offender were transferred”; and
(b)for the words “he was not committed” there shall be substituted the words “proceedings against him were not transferred”.
7(1)Section 2 of the 1933 Act (procedure for indictment of offenders) shall be amended as follows.
(2)In subsection (2)—
(a)for paragraph (a) there shall be substituted the following paragraph—
“(a)the proceedings for the offence have been transferred to the Crown Court for trial; or”;
(b)for proviso (i) there shall be substituted the following proviso—
“(i)where the proceedings for the offence have been transferred to the Crown Court for trial, the bill of indictment against the person charged may include, either in substitution for or in addition to counts charging the offence in respect of which proceedings have been transferred, any counts founded on the evidence contained in the documents sent to the Crown Court by the magistrates' court on transferring the proceedings, being counts which may lawfully be joined in the same indictment;”;
(c)in proviso (iA)—
(i)for the word “material” there shall be substituted the words “the evidence contained in the documents”; and
(ii)after the words “person charged” there shall be inserted the words “or which is referred to in those documents as having already been sent to the person charged”; and
(d)in proviso (ii), for the words “the committal” there shall be substituted the words “charge the proceedings on which were transferred for trial”.
(3)In subsection (3), in proviso (b), for the words from “a person” to “for trial” there shall be substituted the words “proceedings against a person have been transferred for trial and that person”.
8(1)The 1948 Act shall be amended as follows.
(2)In section 27(1) (remand and committal of persons aged 17 to 20), for the words “trial or sentence” there shall be substituted the words “sentence or transfers proceedings against him for trial”.
(3)In section 80(1) (interpretation of expressions used in the Act), in the definition of “Court of summary jurisdiction”, for the words from “examining” to the end there shall be substituted the words “a magistrates' court proceeding with a view to transfer for trial;”.
9(1)Section 43 of the 1952 Act (remand centres, etc.) shall be amended as follows.
(2)In subsection (1)(a)—
(a)the words “trial or” shall be omitted; and
(b)after the word “sentence” there shall be inserted the words “or are ordered to be safely kept in custody on the transfer of proceedings against them for trial”.
(3)In subsection (2)—
(a)in paragraph (b)—
(i)the words “trial or” shall be omitted; and
(ii)after the word “sentence” there shall be inserted the words “or is ordered to be safely kept in custody on the transfer of proceedings against her for trial”; and
(b)in paragraph (c)—
(i)the words “trial or” shall be omitted; and
(ii)after the word “sentence” there shall be inserted the words “or ordered to be safely kept in custody on the transfer of proceedings against him for trial”.
10In section 47(5) of the 1952 Act (rules for the management of prisons, remand centres, etc.), for the words “committed in custody” there shall be substituted the words “ordered to be safely kept in custody on the transfer of proceedings against them”.
11In section 187(4) of the 1955 Act (proceedings against persons suspected of illegal absence)—
(a)for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and
(b)for the words “so acting” there shall be substituted the words “so proceeding”.
12In section 187(4) of the Air Force Act 1955 (proceedings against persons suspected of illegal absence)—
(a)for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and
(b)for the words “so acting” there shall be substituted the words “so proceeding”.
13In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—
(a)in subsection (1), for the word “committal” there shall be substituted the words “the transfer of the proceedings against him”; and
(b)in subsection (2)—
(i)for the word “committal” the first time it occurs there shall be substituted the words “the transfer of the proceedings against him”; and
(ii)for the words “remand or committal order” there shall be substituted the words “court on remanding him or transferring proceedings against him for trial”.
14In section 109(4) of the 1957 Act (proceedings against persons suspected of illegal absence)—
(a)for the words from “1952” to “justices” there shall be substituted the words “1980, that is to say the provisions relating to the constitution and procedure of magistrates' courts proceeding with a view to transfer for trial”; and
(b)for the words “so acting” there shall be substituted the words “so proceeding”.
15(1)The 1967 Act shall be amended as follows.
(2)In section 9 (general admissibility of written statements), in subsection (1), for the words “committal proceedings” there shall be substituted the words “proceedings under sections 4 to 6 of the Magistrates' Courts Act 1980”.
(3)In section 11 (notice of alibi), in subsection (8), in the definition of “the prescribed period”, for the words from “the end” to “or” there shall be substituted the words “the transfer of the proceedings to the Crown Court for trial, or”.
16In section 1(3) of the Criminal Appeal Act 1968 (limitation of right of appeal in case of scheduled offence), for the word “committed” there shall be substituted the words “transferred proceedings against”.
17In paragraph 3(3) of Part II of Schedule 6 to the 1968 Act (trial of certain offences under that Act)—
(a)after the word “If” there shall be inserted the words “, under section 6 of the said Act of 1980,”;
(b)for the words from “determines” to “for trial” there shall be substituted the words “dismisses the charge against the accused”;
(c)in sub-subparagraph (a), for the words from “inquire” to “justices” there shall be substituted the words “proceed with a view to transferring for trial proceedings for the listed offence”;
(d)in sub-subparagraph (b)—
(i)for the words “inquire into” there shall be substituted the words “proceed in respect of”; and
(ii)for the words from “its inquiry” to “justices” there shall be substituted the words “a view to transferring for trial proceedings for that offence”.
18In section 28(4) of the Theft Act 1968 (orders for restitution), for the words from “, the depositions” to the end there shall be substituted the words “and, where the proceedings have been transferred to the Crown Court for trial, the documents sent to the Crown Court by the magistrates' court under section 7(3)(b) of the Magistrates' Courts Act 1980.”.
19In section 23(1) of the 1969 Act (remands and committals to local authority accommodation)—
(a)in paragraph (a), for the words “or commits him for trial or sentence” there shall be substituted the words “, transfers proceedings against him for trial or commits him for sentence”; and
(b)for the words “the remand or committal shall be” there shall be substituted the words “he shall be remanded or committed”.
20In section 21(2) of the 1973 Act (restriction on imposing sentences of imprisonment, etc., on persons not legally represented)—
(a)for the words “or trial” there shall be substituted the words “or in respect of whom proceedings have been transferred to the Crown Court for trial”; and
(b)after the words “committed him” there shall be inserted the words “or which transferred proceedings against him”.
21In section 32(1)(b) of the 1973 Act (enforcement, etc., of fines imposed and recognizances forfeited by Crown Court)—
(a)the words “tried or” shall be omitted; and
(b)after the words “dealt with” there shall be inserted the words “or which transferred proceedings against him to the Crown Court for trial”.
22In section 3 of the 1976 Act (incidents of bail in criminal proceedings)—
(a)in subsection (8) (variation and imposition of bail conditions by court), for the words from “committed” to “trial or” there shall be substituted the words “released a person on bail on transferring proceedings against him to the Crown Court for trial or has committed him on bail to the Crown Court”; and
(b)in subsection (8A), for the words “committed on bail” there shall be substituted the words “released on bail on the transfer of proceedings against him”.
23In section 5 of the 1976 Act (supplementary provisions about decisions on bail)—
(a)in subsection (6)(a)—
(i)for the word “committing” there shall be substituted the words “transferring proceedings against”; and
(ii)after the words “Crown Court” where they occur first, there shall be inserted the words “or has already done so”; and
(b)in subsection (6A)(a), for sub-paragraph (i) there shall be substituted the following sub-paragraph—
“(i)section 4(4) (adjournment when court is proceeding with a view to transfer for trial);”.
24In section 6(6)(b) of the 1976 Act (absconding by person released on bail), for the words from “commits” to “another offence” there shall be substituted the words “transfers proceedings against that person for another offence to the Crown Court for trial”.
25In section 9(3)(b) of the 1976 Act (agreeing to indemnify sureties in criminal proceedings), for the words from “commits” to “another offence” there shall be substituted the words “transfers proceedings against that person for another offence to the Crown Court for trial”.
26In section 3 of the Sexual Offences (Amendment) Act 1976 (application of restrictions on evidence at trials for rape etc. to committal proceedings etc.), for subsection (1) there shall be substituted the following subsection—
“(1)Where a magistrates' court considers an application for dismissal of a charge for a rape offence, then, except with the consent of the court, evidence shall not be adduced and a question shall not be asked at the consideration of the application which, if the proceedings were a trial at which a person is charged as mentioned in subsection (1) of the preceding section and each of the accused in respect of whom the application for dismissal is made were charged at the trial with the offences to which the application relates, could not be adduced or asked without leave in pursuance of that section.”.
27In section 4(6)(c) of the Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases), for the words “commits him for trial on” there shall be substituted the words “transfers proceedings against him for trial for”.
28In Schedule 1 to the 1978 Act—
(a)in the definition of “Committed for trial”, paragraph (a) shall be omitted; and
(b)after the definition of “The Tax Acts” there shall be inserted the following definition—
““Transfer for trial” means the transfer of proceedings against an accused to the Crown Court for trial under section 7 of the Magistrates' Courts Act 1980.”.
29(1)The 1979 Act shall be amended as follows.
(2)In section 147 (proceedings for offences under customs and excise Acts), in subsection (2), for the words from the beginning to “justices” there shall be substituted the words “Where, in England or Wales, on an application under section 6 of the Magistrates' Courts Act 1980 for dismissal of a charge under the customs and excise Acts, the court has begun to consider the evidence and any representations permitted under that section,”.
(3)In section 155 (persons who may conduct proceedings under customs and excise Acts), in subsection (1), for the words “examining justices” there shall be substituted the words “magistrates' court proceeding with a view to transfer for trial”.
30In paragraph 2(4) of Schedule 5 to the Reserve Forces Act 1980 (proceedings against persons suspected of illegal absence)—
(a)for the words “acting as examining justices” there shall be substituted the words “proceeding with a view to transfer for trial”; and
(b)for the words “so acting” there shall be substituted the words “so proceeding”.
31(1)Section 2 of the 1980 Act (jurisdiction of magistrates' courts) shall be amended as follows.
(2)In subsection (3), for the words from “as examining” to “any offence” there shall be substituted the words “to proceed with a view to transfer for trial where the offence charged was”.
(3)In subsection (4), for the words “as examining justices” there shall be substituted the words “to proceed with a view to transfer for trial”.
(4)In subsection (5), for the words “as examining justices” there shall be substituted the words “to proceed with a view to transfer for trial”.
32In section 19 of the 1980 Act (court to consider mode of trial of either way offence), in subsection (4), for the words from “to inquire” to the end of the subsection there shall be substituted the words “with a view to transfer for trial.”.
33In section 20 of the 1980 Act (procedure where summary trial appears more suitable), in subsection (3)(b), for the words from “to inquire” to the end there shall be substituted the words “with a view to transfer for trial.”.
34In section 21 of the 1980 Act (procedure where trial on indictment appears more suitable), for the words from “to inquire” to the end there shall be substituted the words “with a view to transfer for trial.”.
35(1)Section 23 of the 1980 Act (procedure where court proceeds to determine mode of trial in absence of accused) shall be amended as follows.
(2)In subsection (4)(b)—
(a)for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and
(b)for the word “hearing” there shall be substituted the word “proceedings”.
(3)In subsection (5)—
(a)for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and
(b)for the word “hearing” there shall be substituted the word “proceedings”.
36(1)Section 24 of the 1980 Act (trial of child or young person for indictable offence) shall be amended as follows.
(2)In subsection (1)—
(a)in paragraph (b), for the word “commit” there shall be substituted the words “proceed with a view to transferring the proceedings in relation to”; and
(b)for the words from “commit the accused” to the end there shall be substituted the words “proceed with a view to transferring the proceedings against the accused for trial.”.
(3)In subsection (2), for the words from “commits” to “him for trial” there shall be substituted the words “proceeds with a view to transferring for trial the proceedings in relation to a person under the age of 18 years for an offence with which he is charged jointly with a person who has attained that age, the court may also proceed with a view to transferring for trial proceedings against him”.
37(1)Section 25 of the 1980 Act (court’s power to change from summary trial to committal proceedings and vice versa) shall be amended as follows.
(2)In subsection (2)—
(a)for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and
(b)for the word “hearing” there shall be substituted the word “proceedings”.
(3)For subsection (3) there shall be substituted the following subsection—
“(3)Where on an application for dismissal of a charge under section 6 above the court has begun to consider the evidence and any representations permitted under that section, then, if at any time during its consideration it appears to the court, having regard to any of the evidence or representations, and to the nature of the case, that the offence is after all more suitable for summary trial, the court may—
(a)if the accused is present, after doing as provided in subsection (4) below, ask the accused whether he consents to be tried summarily and, if he so consents, may (subject to subsection (3A) below) proceed to try the information summarily; or
(b)in the absence of the accused—
(i)if the accused’s consent to be tried summarily is signified by the person representing him, proceed to try the information summarily; or
(ii)if that consent is not so signified, adjourn the proceedings without remanding the accused, and if it does so, the court shall fix the time and place at which the proceedings are to be resumed and at which the accused is required to appear or be brought before the court in order for the court to proceed as provided in paragraph (a) above.”.
(4)In subsection (5), in paragraph (b), for the words from “inquire” to “fall” there shall be substituted the words “consider the evidence and any representations permitted under section 6 above on an application for dismissal of a charge in a case in which, under paragraph (a) or (b) of section 24(1) above, the court is required to proceed with a view to transferring the proceedings to the Crown Court for trial,”.
(5)In subsection (6)—
(a)for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and
(b)for the word “hearing” there shall be substituted the word “proceedings”.
(6)In subsection (7), for the words “the inquiry” there shall be substituted the words “its consideration of the evidence and any representations permitted under section 6 above.”.
38For section 26 of the 1980 Act (power to issue summons in certain circumstances) there shall be substituted the following section—
Where, in the circumstances mentioned in section 23(1)(a) above, the court is not satisfied that there is good cause for proceeding in the absence of the accused, the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court; and if the accused is not present at the time and place appointed for the proceedings under section 19(1) or 22(1) above, as the case may be, the court may issue a warrant for his arrest.”.
39In section 28 of the 1980 Act (use in summary trial of evidence given in committal proceedings)—
(a)for the words from “inquire” to “justices” there shall be substituted the words “consider the evidence under section 6 above”; and
(b)for the words from “then” to “any” there shall be substituted the words “any oral”.
40In section 29 of the 1980 Act (remission of person under 18 to youth court for trial), in subsection (2)(b)(i), for the words from “to inquire” to “discharges him” there shall be substituted the words “with a view to transfer for trial”.
41In section 42 of the 1980 Act (restriction on justices sitting after dealing with bail), in subsection (2), for the words “committal proceedings” there shall be substituted the words “proceedings before the court on an application for dismissal of a charge under section 6 above.”.
42(1)Section 97 of the 1980 Act (summons to witness) shall be amended as follows.
(2)In subsection (1)—
(a)the words from “at an inquiry” to “be) or” shall be omitted; and
(b)for the words “such a court” there shall be substituted the words “a magistrates' court for that county, that London commission area or the City (as the case may be)”.
(3)After subsection (1) there shall be inserted the following subsection—
“(1A)Where a magistrates' court is proceeding with a view to transferring proceedings against an accused for an offence to the Crown Court for trial, subsection (1) above shall apply in relation to evidence or a document or thing material to the offence subject to the following modifications—
(a)no summons shall be issued by a justice of the peace after the expiry of the period within which a notice of the prosecution case under section 5 above must be served or the service of the notice of the prosecution case, if sooner; and
(b)the summons shall require the person to whom it is directed to attend before the justice issuing it or another justice for that county, that London commission area or the City of London (as the case may be) to have his evidence taken as a deposition or to produce any document or thing.”.
(4)In subsection (2)—
(a)after the words “subsection (1)” there shall be inserted the words “or (1A)”; and
(b)after the word “court” there shall be inserted the words “or justice, as the case may be,”.
(5)In subsection (2A), after the words “subsection (1)” there shall be inserted the words “or (1A)”.
(6)In subsections (3) and (4), after the words “a magistrates' court” or “the court” wherever they occur there shall be inserted the words “or justice, as the case may be,”.
43(1)Section 128 of the 1980 Act (remand in custody or on bail) shall be amended as follows.
(2)In subsection (1)(b), for the words “inquiring into or” there shall be substituted the words “proceeding with a view to transferring the proceedings against that person for trial or is”.
(3)In subsections (1A), (3A), (3C) and (3E), for the words “section 5” there shall be substituted the words “section 4(4)”.
(4)In subsection (4)—
(a)for the words from “during an inquiry” to the words “committed by him” there shall be substituted the words “when it is proceeding with a view to transfer for trial”; and
(b)in paragraph (c)—
(i)for the word “hearing” there shall be substituted the word “proceedings”; and
(ii)for the words from “person” to “committed” there shall be substituted the words “proceedings against the person so bailed being transferred”.
44In section 129 of the 1980 Act (further remand), in subsection (4)—
(a)for the words from “commits” to “bail” there shall be substituted the words “transfers for trial proceedings against a person who has been remanded on bail”; and
(b)for the words “so committed” there shall be substituted the words “in respect of whom proceedings have been transferred”.
45In section 130 of the 1980 Act (transfer of remand hearings), in subsection (1), for the words “section 5” there shall be substituted the words “section 4(4)”.
46In section 145(1)(f) of the 1980 Act (rules: supplementary provisions), for the word “committed” there shall be substituted the words “in respect of whom proceedings have been transferred”.
47(1)Schedule 3 to the 1980 Act (corporations) shall be amended as follows.
(2)In paragraph 1(1), for the words “commit a corporation” there shall be substituted the words “, in the case of a corporation, transfer the proceedings”.
(3)In paragraph 2(a), for the words from “a statement” to “to” there shall be substituted the words “an application to dismiss”.
(4)In paragraph 6, for the words “inquiry into,” there shall be substituted the words “transfer for trial”.
48In paragraph 5 of Schedule 5 to the 1980 Act (transfer of remand hearings), for the words “sections 5” there shall be substituted the words “sections 4(4)”.
49In section 2(2)(g) of the Criminal Attempts Act 1981 (application of procedural and other provisions to attempts), the words “or committed for trial” shall be omitted.
50In section 4(3)(b) of the Contempt of Court Act 1981 (contemporary reports of proceedings)—
(a)for the words “committal proceedings” there shall be substituted the words “an application for dismissal under section 6 of the Magistrates' Courts Act 1980”; and
(b)for the words from “subsection (3)” to “1980” there shall be substituted the words “subsection (5) or (7) of section 8A of that Act”.
51In section 76 of the 1981 Act (alteration of place of Crown Court trial)—
(a)in subsection (1), for the words from “varying the decision” to the end there shall be substituted the words “substituting some other place for the place specified in a notice relating to the transfer of the proceedings to the Crown Court or by varying a previous decision of the Crown Court”;
(b)in subsection (3), for the words from the beginning to the words “varying the place of trial;” there shall be substituted the following words— “If he is dissatisfied with the place of trial—
(a)the defendant may apply to the Crown Court for a direction, or further direction, varying the place of trial specified in a notice relating to the transfer of the proceedings to the Crown Court or fixed by the Crown Court, or
(b)the prosecutor may apply to the Crown Court for a direction, or further direction, varying the place of trial specified in a notice given by the magistrates' court under section 7 of the Magistrates' Courts Act 1980 or fixed by the Crown Court;”; and
(c)after subsection (4) there shall be inserted the following subsection—
“(5)In this section any reference to a notice relating to the transfer of proceedings to the Crown Court is a reference to the notice given by the magistrates' court under section 7 of the [1980 c. 43.] Magistrates' Courts Act 1980 or by the prosecutor under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 or section 53 of the [1991 c. 53.] Criminal Justice Act 1991.”.
52(1)Section 77 of the 1981 Act (date of Crown Court trial) shall be amended as follows.
(2)In subsection (1), for the words from “a person’s committal” to “beginning of the trial” there shall be substituted the words “the transfer of proceedings for trial by the Crown Court and the beginning of the trial;”.
(3)In subsection (2)—
(a)for the words preceding paragraph (a) there shall be substituted the words “The trial of a person on charges the proceedings on which have been transferred for trial to the Crown Court—”; and
(b)in paragraph (a), for the words “his consent” there shall be substituted the words “the consent of the person charged”.
(4)In subsection (3), for the word “committal” there shall be substituted the word “transfer”.
(5)After subsection (3) there shall be inserted the following subsections—
“(4)Where a notice of the prosecution case has been given in respect of any proceedings, the Crown Court before which the proceedings are to be tried shall, in exercising any of its powers in relation to the proceedings, have regard to the desirability of avoiding prejudice to the welfare of any witness that may be occasioned by unnecessary delay in bringing the proceedings to trial.
(5)In this section references to the transfer of proceedings for trial are references to a transfer by a magistrates' court under section 7 of the Magistrates' Courts Act 1980 or by the prosecutor under section 4 of the Criminal Justice Act 1987 or section 53 of the Criminal Justice Act 1991 and the date of transfer for trial is the date on which the transfer is effected under the said section 7 or, where the transfer is by the prosecutor, the date specified in his notice of transfer.”.
53In section 80(2) of the 1981 Act (process to compel appearance before Crown Court), for the words from “the person” to “committed” there shall be substituted the words “proceedings against the person charged have not been transferred”.
54In section 1(2) of the 1982 Act (restrictions on custodial sentences for persons under 21)—
(a)the words “trial or” shall be omitted; and
(b)after the word “sentence” there shall be inserted the words “or ordered to be safely kept in custody on the transfer of proceedings against him for trial”.
55In section 3(2) of the 1982 Act (restriction on imposing custodial sentences on persons under 21 not legally represented)—
(a)for the words “or trial” there shall be substituted the words “or in respect of whom proceedings have been transferred to the Crown Court for trial”; and
(b)after the words “committed him” there shall be inserted the words “or transferred proceedings against him”.
56(1)Section 52 of the 1983 Act (provisions relating to persons remanded by magistrates' courts) shall be amended as follows.
(2)In subsection (2), for the words from “accused” to “or” there shall be substituted the words “court, on transferring proceedings against the accused to the Crown Court for trial, orders him to be safely kept in custody, or commits the accused in custody to the Crown Court”.
(3)In subsection (5), after the words “expired or that” there shall be inserted the words “proceedings against the accused are transferred to the Crown Court for trial or”.
(4)In subsection (6), after the word “If” there shall be inserted the words “proceedings against the accused are transferred to the Crown Court for trial or”.
(5)In subsection (7)—
(a)for the words from “inquire” to “into” there shall be substituted the words “proceed with a view to transferring for trial proceedings for”; and
(b)for the words from “commit” to “1980” there shall be substituted the words “transfer proceedings against him for trial”.
57In section 57(1) of the 1984 Act (evidence of prisoners), for the words “under committal” there shall be substituted the words “following the transfer of proceedings against him”.
58In section 62(10)(a) of the Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), for sub-paragraph (i) there shall be substituted the following sub-paragraph—
“(i)whether to grant an application for dismissal made by that person under section 6 of the Magistrates' Courts Act 1980 (application for dismissal of charge in course of proceedings with a view to transfer for trial); or”.
59In section 16 of the 1985 Act (defence costs)—
(a)in subsection (1), for paragraph (b) there shall be substituted the following paragraph—
“(b)a magistrates' court determines not to transfer for trial proceedings for an indictable offence;”; and
(b)in subsection (2)(a), for the word “committed” there shall be substituted the words “in respect of which proceedings against him have been transferred”.
60In section 21(6) of the 1985 Act (interpretation, etc.), in paragraph (b), for the words from “the accused” to “but” there shall be substituted the words “proceedings against the accused are transferred to the Crown Court for trial but the accused is”.
61In section 22 of the 1985 Act (time limits for preliminary stages of criminal proceedings), in subsection (11)—
(a)in the definition of “appropriate court”, in paragraph (a) for the words from “accused” to “or” there shall be substituted the words “proceedings against the accused have been transferred for trial or the accused has been”; and
(b)in the definition of “custody of the Crown Court”, for paragraph (a) there shall be substituted the following paragraph—
“(a)section 8(1) of the Magistrates' Court Act 1980 (remand of accused where court is proceeding with a view to transfer for trial); or”.
62In section 23 of the 1985 Act (discontinuance of proceedings in magistrates' courts), in subsection (2)(b)(i), for the words “accused has been committed” there shall be substituted the words “proceedings against the accused have been transferred”.
63In paragraph 12(1) of Schedule 11 to the 1986 Act (procedure on arbitrations under the Act), for the words “under committal” there shall be substituted the words “following the transfer of proceedings against him”.
64(1)The 1987 Act shall be amended as follows.
(2)In section 4(1) (notices of transfer in serious fraud cases)—
(a)in paragraph (b)(i), for the words from “person” to “trial” there shall be substituted the words “proceedings against the person charged to be transferred for trial”; and
(b)in paragraph (c), for the words from the beginning to “justices” there shall be substituted the words “not later than the time at which the authority would be required to serve a notice of the prosecution case under section 5 of the Magistrates' Courts Act 1980,”.
(3)In section 5 (procedure for notices of transfer)—
(a)in subsection (9)(a), for the words “a statement of the evidence” there shall be substituted the words “copies of the documents containing the evidence (including oral evidence)”; and
(b)after subsection (9) there shall be inserted the following subsection—
“(9A)Regulations under subsection (9)(a) above may provide that there shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of the transfer.”.
(4)In section 6(5) (applications for dismissal), for the words from “a refusal” to the end there shall be substituted the words “the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.”.
65In section 40 of the Criminal Justice Act 1988 (power to include counts for certain summary offences in indictment), in subsection (1), for the words from “an examination” to the end, there shall be substituted the words “the documents sent with the copy of a notice of the prosecution case to the Crown Court”.
66(1)Section 41 of the Criminal Justice Act 1988 shall be amended as follows.
(2)In subsection (1)—
(a)for the words preceding paragraph (a) there shall be substituted the words “Where a magistrates' court transfers to the Crown Court for trial proceedings against a person for an offence triable either way or a number of such offences, it may also transfer to the Crown Court for trial proceedings against a person for any summary offence with which he is charged and which—”; and
(b)for the words from “appears” to “case” there shall be substituted the words “was sent to the person charged with the notice of the transfer of the proceedings”.
(3)In subsection (2)—
(a)for the words from “commits” to “indictment” there shall be substituted the words “transfers to the Crown Court for trial proceedings against a person”; and
(b)for the words “who is committed” there shall be substituted the words “in respect of whom proceedings are transferred”.
(4)In subsection (4), for the words “committal of” there shall be substituted the words “transfer for trial of proceedings against”.
67In section 20 of the 1988 Act (authorities competent to grant criminal legal aid), in subsection (4), after paragraph (a) there shall be inserted the following paragraph—
“(aa)which proceeds with a view to transferring proceedings to the Crown Court for trial,”.
68In section 21 of the 1988 Act (availability of criminal legal aid)—
(a)in subsection (3)(a), for the words from “a person” to “his” there shall be substituted the words “proceedings against a person who is charged with murder are transferred to the Crown Court for trial, for that person's”; and
(b)in subsection (4), for the word “commits” there shall be substituted the words “transfers the proceedings against”.
69(1)Schedule 3 to the 1988 Act (enforcement of contribution orders) shall be amended as follows.
(2)In paragraph 1(b)—
(a)for the words from “who” to “by a magistrates' court)” there shall be substituted the words “against whom proceedings were transferred for trial or who was committed for sentence”; and
(b)for the words “committed him” there shall be substituted the words “transferred the proceedings against him or committed him for sentence”.
(3)In paragraph 9(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—
“(i)in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or”.
(4)In paragraph 10(2)(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—
“(i)in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or”.
70In section 16 of the Coroners Act 1988 (adjournment of inquest)—
(a)in subsection (1)(b), for the words “examining justices” there shall be substituted the words “a magistrates' court which is to proceed with a view to transferring proceedings against that person for trial,”; and
(b)in subsection (8)—
(i)for the words “examining justices” there shall be substituted the words “a magistrates' court considering an application for dismissal under section 6 of the Magistrates' Courts Act 1980”; and
(ii)for the words from “person” to “committed” there shall be substituted the words “proceedings against the person charged are transferred”.
71In section 17 of the Coroners Act 1988 (supplementary provisions applying on adjournment of inquest)—
(a)in subsection (2)—
(i)after the word “Where” there shall be inserted the words “proceedings against”; and
(ii)for the words “is committed” there shall be substituted the words “are transferred”; and
(b)in subsection (3)(b), for the words “that person is committed” there shall be substituted the words “proceedings against that person are transferred”.
72In the War Crimes Act 1991—
(a)in section 1(4) (introducing the Schedule providing a procedure for use instead of committal proceedings for certain war crimes), the words “England, Wales or” shall be omitted; and
(b)Part I of the Schedule (procedure for use in England and Wales instead of committal proceedings) shall be omitted.
73(1)The 1991 Act shall be amended as follows.
(2)In section 53 (notices of transfer in certain cases involving children)—
(a)in subsection (1)(a), for the words from “person” to “trial” there shall be substituted the words “proceedings against the person charged to be transferred for trial”; and
(b)in subsection (2), for the words from “before” to the end, there shall be substituted the words “not later than the time at which the Director would be required to serve a notice of the prosecution case under section 5 of the Magistrates' Courts Act 1980,”.
(3)In paragraph 4 of Schedule 6 (procedure for notices of transfer)—
(a)in sub-paragraph (1)(a) for the words “a statement of the evidence” there shall be substituted the words “copies of the documents containing the evidence (including oral evidence)”; and
(b)after sub-paragraph (1) there shall be inserted the following sub-paragraph—
“(1A)Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of transfer.”.
(4)In paragraph 5 of Schedule 6 (applications for dismissal), in sub-paragraph (7), for the words from “a refusal” to the end there shall be substituted the words “the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.”.
(5)In paragraph 6 of Schedule 6 (reporting restrictions), in sub-paragraph (8), for the words “sub-paragraphs (5) and (6)” there shall be substituted the words “sub-paragraphs (5) and (7)”.
74In section 6(3)(c) of the 1992 Act, for the words “commits him” there shall be substituted the words “transfers proceedings against him”.