PART I continued
(2) The Crown Court has the like powers and duties in the case of a person who is by virtue of subsection (1) above convicted before it of an offence under section 3 or 29 of that Act as a magistrates' court would have had on convicting him of that offence.
(3) Where—
(a) a person is charged in England and Wales before a magistrates' court with an offence under section 2 or 28 of that Act, and
(b) the court is of the opinion that the offence is not proved,
then, at any time during the hearing or immediately after it the court may (without prejudice to any other powers possessed by the court) direct or allow a charge for an offence under section 3 or, as the case may be, section 29 of that Act to be preferred forthwith against the defendant and may thereupon proceed with that charge.
(4) Where a magistrates' court exercises the power conferred by subsection (3) above—
(a) the defendant or his solicitor or counsel must be informed of the new charge and be given an opportunity, whether by way of cross-examining any witness whose evidence has already been given against the defendant or otherwise, of answering the new charge, and
(b) the court must, if it considers that the defendant is prejudiced in his defence by reason of the new charge’s being so preferred, adjourn the hearing.
(1) If on convicting a person of an offence involving obligatory or discretionary disqualification or of such other offence as may be prescribed by regulations under section 105 of the [1988 c. 52.] Road Traffic Act 1988 the court does not know his date of birth, the court must order him to give that date to the court in writing.
(2) If a court convicting a person of such an offence in a case where—
(a) notification has been given to the clerk of a court in pursuance of section 12(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 (written pleas of guilty), or written intimation of a plea of guilty has been given in pursuance of section 334(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, and
(b) the notification or intimation did not include a statement of the person’s sex,
does not know the person’s sex, the court must order the person to give that information to the court in writing.
(3) A person who knowingly fails to comply with an order under subsection (1) or (2) above is guilty of an offence.
(4) Nothing in section 56(5) of the [1967 c. 80.] Criminal Justice Act 1967 (where magistrates' court commits a person to the Crown Court to be dealt with, certain powers and duties transferred to that court) applies to any duty imposed upon a magistrates' court by subsection (1) or (2) above.
(5) Where a person has given his date of birth in accordance with this section or section 8 of this Act, the Secretary of State may serve on that person a notice in writing requiring him to provide the Secretary of State—
(a) with such evidence in that person’s possession or obtainable by him as the Secretary of State may specify for the purpose of verifying that date, and
(b) if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time.
(6) A person who knowingly fails to comply with a notice under subsection (5) above is guilty of an offence.
(7) A notice to be served on any person under subsection (5) above may be served on him by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this subsection and section 7 of the [1978 c. 30.] Interpretation Act 1978 in its application to this subsection the proper address of any person shall be his latest address as known to the person serving the notice.
(1) Where a magistrates' court—
(a) commits an offender to the Crown Court under subsection (1) of section 56 of the [1967 c. 80.] Criminal Justice Act 1967 or any enactment to which that section applies, and
(b) by reason of the provisions of that section the magistrates' court does not exercise its power or discharge its duty under section 34, 35 or 36 of this Act of ordering the offender to be disqualified,
it may nevertheless order him to be disqualified until the court to which he is committed has dealt with him in respect of the offence.
(2) Where a court makes an order under subsection (1) above in respect of any person, it must require him to produce to the court any licence held by him and must cause such licence to be sent to the clerk of the court to which he is committed.
(3) A person who fails to comply with a requirement under subsection (2) above is guilty of an offence.
(4) Subsection (3) above does not apply to a person who—
(a) surrenders to the court a current receipt for his licence issued under section 56 of this Act, and
(b) produces the licence to the court immediately on its return.
(5) Where a court makes an order under subsection (1) above in respect of any person, sections 44(1) and 47(2) of this Act and section 109(3) of the [1988 c. 52.] Road Traffic Act 1988 (Northern Ireland drivers' licences) shall not apply in relation to the order, but—
(a) the court must send notice of the order to the Secretary of State, and
(b) the court to which he is committed must, if it determines not to order him to be disqualified under section 34, 35 or 36 of this Act, send notice of the determination to the Secretary of State.
(6) A period of disqualification imposed on any person by virtue of section 56(5) of the [1967 c. 80.] Criminal Justice Act 1967 (exercise by Crown Court on committal for sentence of certain powers of magistrates' courts) shall be treated as reduced by any period during which he was disqualified by reason only of an order made under subsection (1) above; but a period during which he was so disqualified shall not be taken into account under this subsection for the purpose of reducing more than one other period of disqualification.
(7) A notice sent by a court to the Secretary of State in pursuance of subsection (5) above must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.