Valid from 30/09/1998
50 Early administrative hearings.E+W
(1)Where a person (“the accused”) has been charged with an offence at a police station, the magistrates’ court before whom he appears or is brought for the first time in relation to the charge may, unless the accused falls to be dealt with under section 51 below, consist of a single justice.
(2)At a hearing conducted by a single justice under this section—
(a)the accused shall be asked whether he wishes to receive legal aid; and
(b)if he indicates that he does, his eligibility for it shall be determined; and
(c)if it is determined that he is eligible for it, the necessary arrangements or grant shall be made for him to obtain it.
(3)At such a hearing the single justice—
(a)may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and
(b)on adjourning the hearing, may remand the accused in custody or on bail.
(4)This section applies in relation to a justices’ clerk as it applies in relation to a single justice; but nothing in subsection (3)(b) above authorises such a clerk to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.
(5)In this section “legal aid” means representation under Part V of the M1Legal Aid Act 1988.
Modifications etc. (not altering text)
C1S. 50 extended (1.11.1999) by S.I. 1999/2784, rule 3(2)
Commencement Information
I1S. 50 wholly in force; S. 50 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
Marginal Citations