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Section 44.
(1) Where—
(a) a person is charged before a magistrates' court with an offence which is triable only on indictment; or
(b) a person is charged before a magistrates' court with an offence triable either way and—
(i) the court has decided that the offence is more suitable for trial on indictment, or
(ii) the accused has not consented to be tried summarily,
the court and the prosecutor shall proceed with a view to transferring the proceedings for the offence to the Crown Court for trial.
(2) Where, under subsection (1) above or any other provision of this Part, a magistrates' court is to proceed with a view to transferring the proceedings for the offence to the Crown Court for trial, sections 5 to 8C below, or such of them as are applicable, shall apply to the proceedings against the accused, unless—
(a) the prosecutor decides to discontinue or withdraw the proceedings;
(b) the Commissioners of Customs and Excise decide, under section 152(a) of the [1979 c. 2.] Customs and Excise Management Act 1979, to stay or compound the proceedings;
(c) the court proceeds to try the information summarily under section 25(3) or (7) below; or
(d) a notice of transfer under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 or section 53 of the [1991 c. 53.] Criminal Justice Act 1991 is served on the court.
(3) The functions of a magistrates' court under sections 5 to 8C below may be discharged by a single justice.
(4) A magistrates' court may, at any stage in the proceedings against the accused, adjourn the proceedings, and if it does so shall remand the accused.
(5) Any reference in this Part to a magistrates' court proceeding with a view to transfer for trial is a reference to the court and the prosecutor proceeding with a view to transferring the case to the Crown Court for trial and any reference to transferring for trial shall be construed accordingly.
(1) Where this section applies to proceedings against an accused for an offence, the prosecutor shall, within the prescribed period or within such further period as the court may on application by the prosecutor allow, serve on the magistrates' court a notice of his case which complies with subsection (2) below.
(2) The notice of the prosecution case shall—
(a) specify the charge or charges the proceedings on which are, subject to section 6 below, to be transferred for trial;
(b) subject to subsection (5) below, include a set of the documents containing the evidence (including oral evidence) on which the charge or charges is or are based; and
(c) contain such other information (if any) as may be prescribed;
and in this Part a “notice of the prosecution case” means a notice which complies with this subsection.
(3) The accused and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.
(4) On serving the notice of the prosecution case on the magistrates' court, the prosecutor shall serve a copy of the notice on the accused, or each of the accused, unless the person to be served cannot be found.
(5) There shall be no requirement on the prosecutor to include in the notice of the prosecution case copies of any documents referred to in the notice as having already been supplied to the court or the accused, as the case may be.
(6) In this section “co-accused”, in relation to the accused, means any other person charged in the same proceedings with him.
(1) Where a notice of the prosecution case has been given in respect of proceedings before a magistrates' court, the accused, or any of them, may, within the prescribed period, or within such further period as the court may on application allow, make an application in writing to the court (“an application for dismissal”) for the charge or, as the case may be, any of the charges to be dismissed.
(2) If an accused makes an application for dismissal he shall, as soon as reasonably practicable after he makes it, send a copy of the application to—
(a) the prosecutor; and
(b) any co-accused.
(3) The prosecutor shall be given an opportunity to oppose the application for dismissal in writing within the prescribed period.
(4) The prosecutor and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.
(5) The court shall permit an accused who has no legal representative acting for him to make oral representations to the court when it considers his application for dismissal.
(6) An accused who has a legal representative acting for him and who makes an application for the dismissal of a charge may include in his application a request that, on the ground of the complexity or difficulty of the case, oral representations of his should be considered by the court in determining the application; and the court shall, if it is satisfied that representations ought, on that ground, to be considered, give leave for them to be made.
(7) The prosecutor shall be given an opportunity to oppose in writing within the prescribed period the giving of leave under subsection (6) above for representations to be made.
(8) If the accused makes the representations permitted under subsection (5) or (6) above, the court shall permit the prosecutor to make oral representations in response.
(9) Except for the purpose of making or hearing the representations allowed by subsection (5), (6) or (8) above, the prosecutor and the accused shall not be entitled to be present when the court considers the application for dismissal.
(10) The court, after considering the written evidence and any oral representations permitted under subsection (5), (6) or (8) above, shall, subject to subsection (11) below, dismiss a charge which is the subject of an application for dismissal if it appears to the court that there is not sufficient evidence against the accused to put him on trial by jury for the offence charged.
(11) Where the evidence discloses an offence other than that charged the court need not dismiss the charge but may amend it or substitute a different offence; and if the court does so the amended or substituted charge shall be treated as the charge the proceedings on which are to be transferred for trial.
(12) If the court permits the accused to make oral representations under subsection (6) above, but the accused does not do so, the court may disregard any document containing or indicating the evidence that he might have given.
(13) Dismissal of the charge, or any of the charges, against the accused shall have the effect of barring any further proceedings on that charge or those charges on the same evidence other than by preferring a voluntary bill of indictment.
(14) In this section “co-accused” has the same meaning as in section 5 above.
(1) Where a notice of the prosecution case has been served on a magistrates' court with respect to any proceedings and—
(a) the prescribed period for an application for dismissal has expired without any such application, or any application for an extension of that time, having been made; or
(b) an application for dismissal has been made and dismissed, or has succeeded in relation to one or more but not all the charges,
the court shall, within the prescribed period, in the prescribed manner, transfer the proceedings for the trial of the accused on the charges or remaining charges to the Crown Court sitting at a place specified by the court.
(2) In selecting the place of trial, the court shall have regard to—
(a) the convenience of the defence, the prosecution and the witnesses;
(b) the expediting of the trial; and
(c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the [1981 c. 54.] Supreme Court Act 1981.
(3) On transferring any proceedings to the Crown Court the magistrates' court making the transfer shall—
(a) give notice of the transfer and of the place of trial to the prosecutor and to the accused or each of the accused; and
(b) send to the Crown Court sitting at the place specified by the court a copy of the notice of the prosecution case and of any documents referred to in it as having already been supplied to the magistrates' court on which it was served and (where an application for dismissal has been made) a copy of any other evidence permitted under section 6 above.
(1) Where an accused has been remanded in custody, on transferring proceedings against him for trial a magistrates' court may—
(a) order that the accused shall be safely kept in custody until delivered in due course of law; or
(b) release the accused on bail in accordance with the [1976 c. 63.] Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.
(2) Where—
(a) a person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and
(b) in accordance with subsection (3) of section 8 of the [1976 c. 63.] Bail Act 1976, the court fixes the amount in which the surety is to be bound with a view to the surety’s entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,
the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.
(3) Where the court has ordered that a person be safely kept in custody in accordance with paragraph (a) of subsection (1) above, then, if that person is in custody for no other cause, the court may, at any time before his first appearance before the Crown Court, grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before the Crown Court for trial.
(4) The court may exercise the powers conferred on it by subsection (1) above in relation to the accused without his being brought before it if it is satisfied—
(a) that he has given his written consent to the powers conferred by subsection (1) above being exercised in his absence;
(b) that he had attained the age of 17 years when he gave that consent; and
(c) that he has not withdrawn that consent.
(5) Where proceedings against an accused are transferred for trial after he has been remanded on bail to appear before a magistrates' court on an appointed day, the requirement that he shall so appear shall cease on the transfer of the proceedings unless the magistrates' court transferring the proceedings states that it is to continue.
(6) Where that requirement ceases by virtue of subsection (5) above, it shall be the duty of the accused to appear before the Crown Court at the place specified by the magistrates' court on transferring the proceedings against him for trial or at any place substituted for it by a direction under section 76 of the [1981 c. 54.] Supreme Court Act 1981.
(7) If, in a case where the magistrates' court states that the requirement mentioned in subsection (5) above is to continue, the accused appears or is brought before the magistrates' court, the court shall have the powers conferred on a magistrates' court by subsection (1) above and, where the court exercises those powers, subsections (2) and (3) above shall apply as if the powers were exercised under subsection (1) above.
(8) This section is subject to section 4 of the Bail Act 1976, section 41 below, regulations under section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985 and section 25 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994.
(1) Except as provided in this section, it shall not be lawful—
(a) to publish in Great Britain a written report of an application for dismissal to a magistrates' court under section 6 above; or
(b) to include in a relevant programme for reception in Great Britain a report of such an application,
if (in either case) the report contains any matter other than matter permitted by this section.
(2) A magistrates' court may, on an application for the purpose made with reference to proceedings on an application for dismissal, order that subsection (1) above shall not apply to reports of those proceedings.
(3) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the magistrates' court shall make the order if, and only if, the court is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.
(4) An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (5) below.
(5) It shall not be unlawful under this section to publish or include in a relevant programme a report of an application for dismissal containing any matter other than matter permitted by subsection (9) below where the application is successful.
(6) Where—
(a) two or more persons are charged in the same proceedings; and
(b) applications for dismissal are made by more than one of them,
subsection (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”.
(7) It shall not be unlawful under this section to publish or include in a relevant programme a report of an unsuccessful application for dismissal at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.
(8) Where, at any time during its consideration of an application for dismissal, the court proceeds to try summarily the case of one or more of the accused under section 25(3) or (7) below, while dismissing the application for dismissal of the other accused or one or more of the other accused, it shall not be unlawful under this section to publish or include in a relevant programme as part of a report of the summary trial, after the court determines to proceed as aforesaid, a report of so much of the application for dismissal containing any matter other than matter permitted by subsection (9) below as takes place before the determination.
(9) The following matters may be published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (5) or (7) above, that is to say—
(a) the identity of the magistrates' court and the names of the justices composing it;
(b) the names, age, home address and occupation of the accused;
(c) the offence, or offences, or a summary of them, with which the accused is or are charged;
(d) the names of legal representatives engaged in the proceedings;
(e) where the proceedings are adjourned, the date and place to which they are adjourned;
(f) the arrangements as to bail;
(g) whether legal aid was granted to the accused or any of the accused.
(10) The addresses that may be published or included in a relevant programme under subsection (9) are addresses—
(a) at any relevant time; and
(b) at the time of their publication or inclusion in a relevant programme.
(11) If a report is published or included in a relevant programme in contravention of this section, the following persons, that is to say—
(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,
shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12) Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.
(13) Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.
(14) In this section—
“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;
“relevant programme” means a programme included in a programme service (within the meaning of the [1990 c. 42.] Broadcasting Act 1990); and
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
Where a notice of the prosecution case has been given in respect of proceedings before a magistrates' court, the court shall, in exercising any of its powers in relation to the proceedings, have regard to the desirability of avoiding prejudice to the welfare of any witness that may be occasioned by unnecessary delay in transferring the proceedings for trial.
Where a magistrates' court transfers proceedings for trial, the clerk of the court shall, within the prescribed period, cause to be displayed in a part of the court house to which the public have access a notice containing the prescribed information.”
1 In this Part of this Schedule—
“the 1853 Act” means the [1853 c. 30.] Criminal Procedure Act 1853;
“the 1878 Act” means the [1878 c. 73.] Territorial Waters Jurisdiction Act 1878;
“the 1883 Act” means the [1883 c. 3.] Explosive Substances Act 1883;
“the 1933 Act” means the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933;
“the 1948 Act” means the [1948 c. 58.] Criminal Justice Act 1948;
“the 1952 Act” means the [1952 c. 52.] Prison Act 1952;
“the 1955 Act” means the [1955 c. 18.] Army Act 1955;
“the 1957 Act” means the [1957 c. 53.] Naval Discipline Act 1957;
“the 1967 Act” means the [1967 c. 80.] Criminal Justice Act 1967;
“the 1968 Act” means the [1968 c. 27.] Firearms Act 1968;
“the 1969 Act” means the [1969 c. 54.] Children and Young Persons Act 1969;
“the 1973 Act” means the [1973 c. 62.] Powers of Criminal Courts Act 1973;
“the 1976 Act” means the [1976 c. 63.] Bail Act 1976;
“the 1978 Act” means the [1978 c. 30.] Interpretation Act 1978;
“the 1979 Act” means the [1979 c. 2.] Customs and Excise Management Act 1979;
“the 1980 Act” means the [1980 c. 43.] Magistrates' Courts Act 1980;
“the 1981 Act” means the [1981 c. 54.] Supreme Court Act 1981;
“the 1982 Act” means the [1982 c. 48.] Criminal Justice Act 1982;
“the 1983 Act” means the [1983 c. 20.] Mental Health Act 1983;
“the 1984 Act” means the [1984 c. 28.] County Courts Act 1984;
“the 1985 Act” means the [1985 c. 23.] Prosecution of Offences Act 1985;
“the 1986 Act” means the [1986 c. 5.] Agricultural Holdings Act 1986;
“the 1987 Act” means the [1987 c. 38.] Criminal Justice Act 1987;
“the 1988 Act” means the [1988 c. 34.] Legal Aid Act 1988;
“the 1991 Act” means the [1991 c. 53.] Criminal Justice Act 1991; and
“the 1992 Act” means the [1992 c. 34.] Sexual Offences (Amendment) Act 1992.
2 In section 9 of the 1853 Act (bringing up a prisoner to give evidence), for the words “under commitment for trial” there shall be substituted the words “pending his trial in the Crown Court”.
3 In section 4 of the 1878 Act (procedure under that Act), for the words “committal of” there shall be substituted the words “transfer of proceedings against”.
4 In section 6(3) of the 1883 Act (inquiry by Attorney-General, and apprehension of absconding witnesses), for the words “committing for trial of” there shall be substituted the words “consideration of an application for dismissal under section 6 of the Magistrates' Courts Act 1980 made by such person for such crime or the transfer for trial of proceedings against”.
5 In section 42 of the Children and Young Persons Act 1933 (deposition of child or young person), for subsection (2)(a) there shall be substituted the following paragraph—
“(a) if the deposition relates to an offence in respect of which proceedings have already been transferred to the Crown Court for trial, to the proper officer of the court to which the proceedings have been transferred; and”.
6 In section 56(1) of the Children and Young Persons Act 1933 (powers of courts to remit young offenders to youth court)—
(a) for the words “the offender was committed” there shall be substituted the words “proceedings against the offender were transferred”; and
(b) for the words “he was not committed” there shall be substituted the words “proceedings against him were not transferred”.
7 (1) Section 2 of the 1933 Act (procedure for indictment of offenders) shall be amended as follows.
(2) In subsection (2)—
(a) for paragraph (a) there shall be substituted the following paragraph—
“(a) the proceedings for the offence have been transferred to the Crown Court for trial; or”;
(b) for proviso (i) there shall be substituted the following proviso—
“(i) where the proceedings for the offence have been transferred to the Crown Court for trial, the bill of indictment against the person charged may include, either in substitution for or in addition to counts charging the offence in respect of which proceedings have been transferred, any counts founded on the evidence contained in the documents sent to the Crown Court by the magistrates' court on transferring the proceedings, being counts which may lawfully be joined in the same indictment;”;
(c) in proviso (iA)—
(i) for the word “material” there shall be substituted the words “the evidence contained in the documents”; and
(ii) after the words “person charged” there shall be inserted the words “or which is referred to in those documents as having already been sent to the person charged”; and
(d) in proviso (ii), for the words “the committal” there shall be substituted the words “charge the proceedings on which were transferred for trial”.
(3) In subsection (3), in proviso (b), for the words from “a person” to “for trial” there shall be substituted the words “proceedings against a person have been transferred for trial and that person”.
8 (1) The 1948 Act shall be amended as follows.
(2) In section 27(1) (remand and committal of persons aged 17 to 20), for the words “trial or sentence” there shall be substituted the words “sentence or transfers proceedings against him for trial”.
(3) In section 80(1) (interpretation of expressions used in the Act), in the definition of “Court of summary jurisdiction”, for the words from “examining” to the end there shall be substituted the words “a magistrates' court proceeding with a view to transfer for trial;”.
9 (1) Section 43 of the 1952 Act (remand centres, etc.) shall be amended as follows.
(2) In subsection (1)(a)—
(a) the words “trial or” shall be omitted; and
(b) after the word “sentence” there shall be inserted the words “or are ordered to be safely kept in custody on the transfer of proceedings against them for trial”.
(3) In subsection (2)—
(a) in paragraph (b)—
(i) the words “trial or” shall be omitted; and
(ii) after the word “sentence” there shall be inserted the words “or is ordered to be safely kept in custody on the transfer of proceedings against her for trial”; and
(b) in paragraph (c)—
(i) the words “trial or” shall be omitted; and
(ii) after the word “sentence” there shall be inserted the words “or ordered to be safely kept in custody on the transfer of proceedings against him for trial”.
10 In section 47(5) of the 1952 Act (rules for the management of prisons, remand centres, etc.), for the words “committed in custody” there shall be substituted the words “ordered to be safely kept in custody on the transfer of proceedings against them”.
11 In section 187(4) of the 1955 Act (proceedings against persons suspected of illegal absence)—
(a) for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and
(b) for the words “so acting” there shall be substituted the words “so proceeding”.
12 In section 187(4) of the Air Force Act 1955 (proceedings against persons suspected of illegal absence)—
(a) for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and
(b) for the words “so acting” there shall be substituted the words “so proceeding”.
13 In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—
(a) in subsection (1), for the word “committal” there shall be substituted the words “the transfer of the proceedings against him”; and
(b) in subsection (2)—
(i) for the word “committal” the first time it occurs there shall be substituted the words “the transfer of the proceedings against him”; and
(ii) for the words “remand or committal order” there shall be substituted the words “court on remanding him or transferring proceedings against him for trial”.
14 In section 109(4) of the 1957 Act (proceedings against persons suspected of illegal absence)—
(a) for the words from “1952” to “justices” there shall be substituted the words “1980, that is to say the provisions relating to the constitution and procedure of magistrates' courts proceeding with a view to transfer for trial”; and
(b) for the words “so acting” there shall be substituted the words “so proceeding”.
15 (1) The 1967 Act shall be amended as follows.
(2) In section 9 (general admissibility of written statements), in subsection (1), for the words “committal proceedings” there shall be substituted the words “proceedings under sections 4 to 6 of the Magistrates' Courts Act 1980”.
(3) In section 11 (notice of alibi), in subsection (8), in the definition of “the prescribed period”, for the words from “the end” to “or” there shall be substituted the words “the transfer of the proceedings to the Crown Court for trial, or”.
16 In section 1(3) of the Criminal Appeal Act 1968 (limitation of right of appeal in case of scheduled offence), for the word “committed” there shall be substituted the words “transferred proceedings against”.
17 In paragraph 3(3) of Part II of Schedule 6 to the 1968 Act (trial of certain offences under that Act)—
(a) after the word “If” there shall be inserted the words “, under section 6 of the said Act of 1980,”;
(b) for the words from “determines” to “for trial” there shall be substituted the words “dismisses the charge against the accused”;
(c) in sub-subparagraph (a), for the words from “inquire” to “justices” there shall be substituted the words “proceed with a view to transferring for trial proceedings for the listed offence”;
(d) in sub-subparagraph (b)—
(i) for the words “inquire into” there shall be substituted the words “proceed in respect of”; and
(ii) for the words from “its inquiry” to “justices” there shall be substituted the words “a view to transferring for trial proceedings for that offence”.
18 In section 28(4) of the Theft Act 1968 (orders for restitution), for the words from “, the depositions” to the end there shall be substituted the words “and, where the proceedings have been transferred to the Crown Court for trial, the documents sent to the Crown Court by the magistrates' court under section 7(3)(b) of the Magistrates' Courts Act 1980.”.
Criminal Justice and Public Order Act 1994