Crime and Disorder Act 1998 ("CDA 1998")
- Paragraph 21 omits subsections 49(2) to (5) of the CDA 1998, which makes provision for rules to provide for certain powers of a magistrates’ court that may be exercised by a single justice of the peace to be exercised by a justices’ clerk. Such power will instead be provided under new section 67B of the CA 2003.
- Paragraph 22 makes changes consequential to the removal of the justices’ clerk role, amending section 50(4) to replace references to justices’ clerks with persons authorised under new section 67B(2) of the CA 2003 to exercise the powers of a single justice. This means that (as is currently the position for a justices’ clerk) a person authorised under section 67B(2) CA 2003 cannot remand an accused person in custody or, without the consent of the prosecutor and the accused, remand the accused on bail on conditions other than those (if any) previously imposed.
