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| No committal proceedings for indictable-only offences. |
51. - (1) Where an adult appears or is brought before a magistrates' court ("the court") charged with an offence triable only on indictment ("the indictable-only offence"), the court shall send him forthwith to the Crown Court for trial-
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(a) for that offence, and |
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(b) for any either-way or summary offence with which he is charged which fulfils the requisite conditions (as set out in subsection (11) below). |
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(2) Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which fulfils the requisite conditions, the court may send him forthwith to the Crown Court for trial for the either-way or summary offence.
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(3) Where-
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(a) the court sends an adult for trial under subsection (1) above; |
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(b) another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with him with an either-way offence; and |
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(c) that offence appears to the court to be related to the indictable-only offence, |
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the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence.
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(4) Where a court sends an adult for trial under subsection (3) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.
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(5) Where-
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(a) the court sends an adult for trial under subsection (1) or (3) above; and |
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(b) a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with the adult with an indictable offence for which the adult is sent for trial, |
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the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence.
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(6) Where a court sends a child or young person for trial under subsection (5) above, it may at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.
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(7) The court shall specify in a notice the offence or offences for which a person is sent for trial under this section and the place at which he is to be tried; and a copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.
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(8) In a case where there is more than one indictable-only offence and the court includes an either-way or a summary offence in the notice under subsection (7) above, the court shall specify in that notice the indictable-only offence to which the either-way offence or, as the case may be, the summary offence appears to the court to be related.
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(9) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.
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(10) In selecting the place of trial for the purpose of subsection (7) above, the court shall have regard to-
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(a) the convenience of the defence, the prosecution and the witnesses; |
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(b) the desirability of expediting the trial; and |
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(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 Supreme Court Act 1981. |
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(11) An offence fulfils the requisite conditions if-
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(a) it appears to the court to be related to the indictable-only offence; and |
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(b) in the case of a summary offence, it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving. |
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(12) For the purposes of this section-
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(a) "adult" means a person aged 18 or over, and references to an adult include references to a corporation; |
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(b) "either-way offence" means an offence which, if committed by an adult, is triable either on indictment or summarily; |
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(c) an either-way offence is related to an indictable-only offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable-only offence; |
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(d) a summary offence is related to an indictable-only offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable-only offence. |
| Provisions supplementing section 51. |
52. - (1) Subject to section 4 of the Bail Act 1976, section 41 of the 1980 Act, regulations under section 22 of the 1985 Act and section 25 of the 1994 Act, the court may send a person for trial under section 51 above-
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(a) in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law; or |
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(b) on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial. |
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(2) Where-
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(a) the person's release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and |
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(b) in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section, |
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the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.
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(3) The court shall treat as an indictable offence for the purposes of section 51 above an offence which is mentioned in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) unless it is clear to the court, having regard to any representations made by the prosecutor or the accused, that the value involved does not exceed the relevant sum.
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(4) In subsection (3) above "the value involved" and "the relevant sum" have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).
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(5) A magistrates' court may adjourn any proceedings under section 51 above, and if it does so shall remand the accused.
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(6) Schedule 3 to this Act (which makes further provision in relation to persons sent to the Crown Court for trial under section 51 above) shall have effect.
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Miscellaneous |
| Crown Prosecution Service: powers of non-legal staff. |
53. For section 7A of the 1985 Act there shall be substituted the following section-
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| "Powers of non-legal staff. |
7A. - (1) The Director may designate, for the purposes of this section, members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.
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(2) Subject to such exceptions (if any) as may be specified in the designation, a person so designated shall have such of the following as may be so specified, namely-
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(a) the powers and rights of audience of a Crown Prosecutor in relation to- |
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(i) applications for, or relating to, bail in criminal proceedings;
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(ii) the conduct of criminal proceedings in magistrates' courts other than trials;
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(b) the powers of such a Prosecutor in relation to the conduct of criminal proceedings not falling within paragraph (a)(ii) above. |
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(3) A person so designated shall exercise any such powers subject to instructions given to him by the Director.
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(4) Any such instructions may be given so as to apply generally.
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(5) For the purposes of this section-
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(a) "bail in criminal proceedings" has the same meaning as it would have in the Bail Act 1976 by virtue of the definition in section 1 of that Act if in that section "offence" did not include an offence to which subsection (6) below applies; |
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(b) "criminal proceedings" does not include proceedings for an offence to which subsection (6) below applies; and |
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(c) a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused. |
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(6) This subsection applies to an offence if it is triable only on indictment, or is an offence-
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(a) for which the accused has elected to be tried by a jury; |
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(b) which a magistrates' court has decided is more suitable to be so tried; or |
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(c) in respect of which a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 or section 53 of the Criminal Justice Act 1991. |
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(7) Details of the following for any year, namely-
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(a) the criteria applied by the Director in determining whether to designate persons under this section; |
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(b) the training undergone by persons so designated; and |
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(c) any general instructions given by the Director under subsection (4) above, |
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shall be set out in the Director's report under section 9 of this Act for that year."
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| Bail: increased powers to require security or impose conditions. |
54. - (1) In subsection (5) of section 3 of the Bail Act 1976 (general provisions as to bail), the words "If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody" shall cease to have effect.
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(2) In subsection (6) of that section, after paragraph (d) there shall be inserted the following paragraph-
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"(e) before the time appointed for him to surrender to custody, he attends an interview with an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;". |
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(3) In subsection (2) of section 3A of that Act (conditions of bail in the case of police bail), for the words "paragraph (d)" there shall be substituted the words "paragraph (d) or (e)".
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| Forfeiture of recognizances. |
55. For subsections (1) and (2) of section 120 of the 1980 Act (forfeiture of recognizances) there shall be substituted the following subsections-
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"(1) This section applies where-
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(a) a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates' court; or |
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(b) any recognizance is conditioned for the appearance of a person before a magistrates' court, or for his doing any other thing connected with a proceeding before a magistrates' court. |
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(1A) If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates' court, the accused fails to appear in accordance with the condition, the court shall-
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(a) declare the recognizance to be forfeited; |
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(b) issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound; |
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and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.
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(2) If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates' court to be forfeited, the court may-
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(a) declare the recognizance to be forfeited; and |
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(b) adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound; |
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but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint."
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| Bail: restrictions in certain cases of homicide or rape. |
56. In subsection (1) of section 25 of the 1994 Act (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), for the words "shall not be granted bail in those proceedings" there shall be substituted the words "shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it".
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| Use of live television links at preliminary hearings. |
57. - (1) In any proceedings for an offence, a court may, after hearing representations from the parties, direct that the accused shall be treated as being present in the court for any particular hearing before the start of the trial if, during that hearing-
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(a) he is held in custody in a prison or other institution; and |
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(b) whether by means of a live television link or otherwise, he is able to see and hear the court and to be seen and heard by it. |
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(2) A court shall not give a direction under subsection (1) above unless-
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(a) it has been notified by the Secretary of State that facilities are available for enabling persons held in custody in the institution in which the accused is or is to be so held to see and hear the court and to be seen and heard by it; and |
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(b) the notice has not been withdrawn. |
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(3) If in a case where it has power to do so a magistrates' court decides not to give a direction under subsection (1) above, it shall give its reasons for not doing so.
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(4) In this section "the start of the trial" has the meaning given by subsection (11A) or (11B) of section 22 of the 1985 Act.
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