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(12) The functions of a magistrates’ court under this section, and its | |
related functions under section 51D below, may be discharged by a | |
single justice. | |
51A Sending cases to the Crown Court: children and young persons | |
(1) This section is subject to sections 24A and 24B of the Magistrates’ | 5 |
Courts Act 1980 (which provide for certain offences involving | |
children or young persons to be tried summarily). | |
(2) Where a child or young person appears or is brought before a | |
magistrates’ court (“the court”) charged with an offence and any of | |
the conditions mentioned in subsection (3) below is satisfied, the | 10 |
court shall send him forthwith to the Crown Court for trial for the | |
offence. | |
(3) Those conditions are— | |
(a) that the offence is homicide; | |
(b) that the offence is such as is mentioned in subsection (1) or (2) | 15 |
of section 91 of the Powers of Criminal Courts (Sentencing) | |
Act 2000 (other than one mentioned in paragraph (d) below | |
in relation to which it appears to the court as mentioned | |
there) and the court considers that if he is found guilty of the | |
offence it ought to be possible to sentence him in pursuance | 20 |
of subsection (3) of that section; | |
(c) that notice is given to the court under section 51B or 51C | |
below in respect of the offence; | |
(d) that the offence is a specified offence (within the meaning of | |
section 204 of the Criminal Justice Act 2003) and it appears to | 25 |
the court that if he is found guilty of the offence the criteria | |
for the imposition of a sentence under section 206(3) or 208(2) | |
of that Act would be met. | |
(4) Where the court sends a child or young person for trial under | |
subsection (2) above, it may at the same time send him to the Crown | 30 |
Court for trial for any indictable or summary offence with which he | |
is charged and which— | |
(a) (if it is an indictable offence) appears to the court to be related | |
to the offence mentioned in subsection (2) above; or | |
(b) (if it is a summary offence) appears to the court to be related | 35 |
to the offence mentioned in subsection (2) above or to the | |
indictable offence, and which fulfils the requisite condition | |
(as defined in subsection (9) below), | |
but an offence which falls within subsection (3) above is to be dealt | |
with under subsection (2) above and not under this subsection. | 40 |
(5) Where a child or young person who has been sent for trial under | |
subsection (2) above subsequently appears or is brought before a | |
magistrates’ court charged with an indictable or summary offence | |
which— | |
(a) appears to the court to be related to the offence mentioned in | 45 |
subsection (2) above; and | |
(b) (in the case of a summary offence) fulfils the requisite | |
condition, | |
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the court may send him forthwith to the Crown Court for trial for the | |
indictable or summary offence. | |
An offence which falls within subsection (3) above is to be dealt with | |
under subsection (2) above and not under this subsection. | |
(6) Where— | 5 |
(a) the court sends a child or young person (“C”) for trial under | |
subsection (2) or (4) above; and | |
(b) an adult appears or is brought before the court on the same | |
or a subsequent occasion charged jointly with C with an | |
either-way offence for which C is sent for trial under | 10 |
subsection (2) or (4) above, or an either-way offence which | |
appears to the court to be related to that offence, | |
the court shall where it is the same occasion, and may where it is a | |
subsequent occasion, send the adult forthwith to the Crown Court | |
for trial for the either-way offence. | 15 |
(7) Where the court sends an adult for trial under subsection (6) 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 and | |
which— | |
(a) (if it is an either-way offence) appears to the court to be | 20 |
related to the offence for which he was sent for trial; and | |
(b) (if it is a summary offence) appears to the court to be related | |
to the offence for which he was sent for trial or to the either- | |
way offence, and which fulfils the requisite condition. | |
(8) The trial of the information charging any summary offence for which | 25 |
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. | |
(9) A summary offence fulfils the requisite condition if it is punishable | |
with imprisonment or involves obligatory or discretionary | 30 |
disqualification from driving. | |
(10) The functions of a magistrates’ court under this section, and its | |
related functions under section 51D below, may be discharged by a | |
single justice. | |
51B Notices in serious or complex fraud cases | 35 |
(1) A notice may be given by a designated authority under this section | |
in respect of an indictable offence if the authority is of the opinion | |
that the evidence of the offence charged— | |
(a) is sufficient for the person charged to be put on trial for the | |
offence; and | 40 |
(b) reveals a case of fraud of such seriousness or complexity that | |
it is appropriate that the management of the case should | |
without delay be taken over by the Crown Court. | |
(2) That opinion must be certified by the designated authority in the | |
notice. | 45 |
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(3) The notice must also specify the proposed place of trial, and in | |
selecting that place the designated authority must have regard to the | |
same matters as are specified in paragraphs (a) to (c) of section | |
51D(4) below. | |
(4) A notice under this section must be given to the magistrates’ court at | 5 |
which the person charged appears or before which he is brought. | |
(5) Such a notice must be given to the magistrates’ court before any | |
summary trial begins. | |
(6) The effect of such a notice is that the functions of the magistrates’ | |
court cease in relation to the case, except— | 10 |
(a) for the purposes of section 51D below; | |
(b) as provided by paragraph 2 of Schedule 3 to the Access to | |
Justice Act 1999; and | |
(c) in connection with remanding the person charged (whether | |
in custody or on bail). | 15 |
(7) The functions of a designated authority under this section may be | |
exercised by an officer of the authority acting on behalf of the | |
authority. | |
(8) A decision to give a notice under this section shall not be subject to | |
appeal or liable to be questioned in any court (whether a magistrates’ | 20 |
court or not). | |
(9) In this section “designated authority” means— | |
(a) the Director of Public Prosecutions; | |
(b) the Director of the Serious Fraud Office; | |
(c) the Commissioners of the Inland Revenue; | 25 |
(d) the Commissioners of Customs and Excise; or | |
(e) the Secretary of State. | |
51C Notices in certain cases involving children | |
(1) A notice may be given by the Director of Public Prosecutions under | |
this section in respect of an offence falling within subsection (3) | 30 |
below if he is of the opinion— | |
(a) that the evidence of the offence would be sufficient for the | |
person charged to be put on trial for the offence; | |
(b) that a child would be called as a witness at the trial; and | |
(c) that, for the purpose of avoiding any prejudice to the welfare | 35 |
of the child, the case should be taken over and proceeded | |
with without delay by the Crown Court. | |
(2) That opinion must be certified by the Director of Public Prosecutions | |
in the notice. | |
(3) This subsection applies to an offence— | 40 |
(a) which involves an assault on, or injury or a threat of injury to, | |
a person; | |
(b) under section 1 of the Children and Young Persons Act 1933 | |
(cruelty to persons under 16); | |
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(c) under the Sexual Offences Act 1956, the Indecency with | |
Children Act 1960, the Sexual Offences Act 1967, section 54 of | |
the Criminal Law Act 1977 or the Protection of Children Act | |
1978; | |
(d) of kidnapping or false imprisonment, or an offence under | 5 |
section 1 or 2 of the Child Abduction Act 1984; | |
(e) which consists of attempting or conspiring to commit, or of | |
aiding, abetting, counselling, procuring or inciting the | |
commission of, an offence falling within paragraph (a), (b), | |
(c) or (d) above. | 10 |
(4) Subsections (4), (5) and (6) of section 51B above apply for the | |
purposes of this section as they apply for the purposes of that. | |
(5) The functions of the Director of Public Prosecutions under this | |
section may be exercised by an officer acting on behalf of the | |
Director. | 15 |
(6) A decision to give a notice under this section shall not be subject to | |
appeal or liable to be questioned in any court (whether a magistrates’ | |
court or not). | |
(7) In this section “child” means— | |
(a) a person who is under the age of 17; or | 20 |
(b) any person of whom a video recording was made when he | |
was under the age of 17 with a view to its admission as his | |
evidence in chief in the trial of a person charged with the | |
offence which is the subject of the notice under this section. | |
51D Notice of offence and place of trial | 25 |
(1) The court shall specify in a notice— | |
(a) the offence or offences for which a person is sent for trial | |
under section 51 or 51A above; and | |
(b) the place at which he is to be tried (which, if a notice has been | |
given under section 51B above, must be the place specified in | 30 |
that notice). | |
(2) A copy of the notice shall be served on the accused and given to the | |
Crown Court sitting at that place. | |
(3) In a case where a person is sent for trial under section 51(1) or 51A(2) | |
above for more than one offence and the court includes any further | 35 |
offence in the notice under subsection (1) above, the court shall | |
specify in that notice the offence to which the further offence appears | |
to the court to be related. | |
(4) Where the court selects the place of trial for the purposes of | |
subsection (1) above, it shall have regard to— | 40 |
(a) the convenience of the defence, the prosecution and the | |
witnesses; | |
(b) the desirability of expediting 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 | 45 |
75(1) of the Supreme Court Act 1981. | |
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