Schedules

Schedule 17Treatment of convictions in other member States etc

Decision as to allocation

4

(1)

Section 19 of the Magistrates' Courts Act 1980 (c. 43) (decision as to allocation) (as substituted by Schedule 3 to the Criminal Justice Act 2003 (c. 44)) is amended as follows.

(2)

In subsection (5), omit “or” at the end of paragraph (a) and insert—

“(aa)

a previous conviction by a court in another member State of a relevant offence under the law of that State; or”.

(3)

After that subsection insert—

“(5A)

For the purposes of subsection (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.”

5

(1)

Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) (as amended by Schedule 3 to the Criminal Justice Act 2003) is amended as follows.

(2)

In sub-paragraph (5), omit “or” at the end of paragraph (a) and insert—

“(aa)

a previous conviction by a court in another member State of a relevant offence under the law of that State, or”.

(3)

After that sub-paragraph, insert—

“(5A)

For the purposes of sub-paragraph (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.”