(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, F1..., consist of a single justice.
[F2(2)At a hearing conducted by a single justice under this section [F3—
(a)]the accused shall be asked whether he wishes [F4to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and
(b)if he indicates that he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it.]
F5(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(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)[F6Where the powers of a single justice are exercised by a person authorised under section 67B(2) of the Courts Act 2003, nothing in subsection (3)(b) above authorises the person] 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.
[F7(4A)A hearing conducted by a single justice under this section may be—
(a)adjourned to enable the decision mentioned in subsection (2A) above to be taken, and
(b)subsequently resumed by a single justice.]
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 50(1) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 16, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F2S. 50(2)(2A) substituted for s. 50(2) (2.10.2006) by The Criminal Defence Service (Representation Orders and Consequential Amendment) Regulations 2006) (S.I. 2006/2493), {reg. 8(2)}
F3Words in s. 50(2) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 47(2)(a); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
F4Words in s. 50(2) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 47(2)(b); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
F5S. 50(2A) omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 47(3); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
F6Words in s. 50(4) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 22; S.I. 2020/24, reg. 3(b)
F7S. 50(4A) inserted (2.10.2006) by The Criminal Defence Service (Representation Orders and Consequential Amendment) Regulations 2006) (S.I. 2006/2493), {reg. 8(3)}
F8S. 50(5) repealed (2.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 3(b) (with Sch. 2 para. 2)
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)