21.1.—(1) This Part applies in a magistrates' court, where the offence is one that can be tried in a magistrates' court.
(2) The court may direct that, for a specified period, this Part will not apply—
(a)to any case in that court; or
(b)to any specified category of case.
[Note. An offence may be classified as—
(a)one that can be tried only in a magistrates' court (in other legislation, described as triable only summarily);
(b)one that can be tried either in a magistrates' court or in the Crown Court (in other legislation, described as triable either way); or
(c)one that can be tried only in the Crown Court (in other legislation, described as triable only on indictment).
See the definitions contained in Schedule 1 to the Interpretation Act 1978M1. In some circumstances, the Crown Court can try an offence that usually can be tried only in a magistrates' court.
This Part does not apply where an offence can be tried only in the Crown Court. In such a case, details are served on the defendant after the case is sent for trial. [F1Part 9] contains relevant rules.]
Textual Amendments
F1Words in rule 21.1 note substituted (2.4.2012) by The Criminal Procedure (Amendment) Rules 2011 (S.I. 2011/3075), rules. 1, 10
Marginal Citations
M11978 c. 30; Schedule 1 was amended by and section 154 of, and Schedule 7 to, the Magistrates' Courts Act 1980 (c. 43), section 170 of, and paragraph 59 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33) and section 41 of, and paragraph 49 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). Other amendments to Schedule 1 are not relevant to procedure in magistrates' courts.