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Schedule 3 | |
Section 45 | |
Pre-trial hearings in magistrates’ courts | |
After section 8 of the 1980 Act, insert— | |
“Pre-trial hearings | |
8A Power to make rulings at pre-trial hearing | 5 |
(1) For the purposes of this section a hearing is a pre-trial hearing if— | |
(a) it relates to an information— | |
(i) which is to be tried summarily, and | |
(ii) to which the accused has pleaded not guilty, and | |
(b) it takes place before the start of the trial. | 10 |
(2) For the purposes of subsection (1)(b), the start of a summary trial | |
occurs when the court begins— | |
(a) to hear evidence from the prosecution at the trial, or | |
(b) to consider whether to exercise its power under section 37(3) | |
of the Mental Health Act 1983 (power to make hospital order | 15 |
without convicting the accused). | |
(3) At a pre-trial hearing, a magistrates’ court may make a ruling as to | |
any matter mentioned in subsection (4) if— | |
(a) the condition in subsection (5) is met, | |
(b) the court has given the parties an opportunity to be heard, | 20 |
and | |
(c) it appears to the court that it is in the interests of justice to | |
make the ruling. | |
(4) The matters are— | |
(a) any question as to the admissibility of evidence; | 25 |
(b) any other question of law relating to the case. | |
(5) The condition is that, if the accused is not legally represented, the | |
court must— | |
(a) ask whether he wishes to be granted a right to representation | |
funded by the Legal Services Commission as part of the | 30 |
Criminal Defence Service, and | |
(b) if he does, decide whether or not to grant him that right. | |
(6) A ruling may be made under this section— | |
(a) on an application by a party to the case, or | |
(b) of the court’s own motion. | 35 |
(7) For the purposes of this section and section 8B, references to the | |
prosecutor are to any person acting as prosecutor, whether an | |
individual or body. | |
8B Effect of rulings at pre-trial hearing | |
(1) Subject to subsections (3) and (6), a ruling under section 8A has | 40 |
binding effect from the time it is made until the case against the | |
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accused or, if there is more than one, against each of them, is | |
disposed of. | |
(2) The case against an accused is disposed of if— | |
(a) he is acquitted or convicted, | |
(b) the prosecutor decides not to proceed with the case against | 5 |
him, or | |
(c) the information is dismissed. | |
(3) A magistrates’ court may discharge or vary (or further vary) a ruling | |
under section 8A if— | |
(a) the condition in section 8A(5) is met, | 10 |
(b) the court has given the parties an opportunity to be heard, | |
and | |
(c) it appears to the court that it is in the interests of justice to do | |
so. | |
(4) The court may act under subsection (3)— | 15 |
(a) on an application by a party to the case, or | |
(b) of its own motion. | |
(5) No application may be made under subsection (4)(a) unless there has | |
been a material change of circumstances since the ruling was made | |
or, if a previous application has been made, since the application (or | 20 |
last application) was made. | |
(6) A ruling under section 8A is discharged in relation to an accused if— | |
(a) the magistrates’ court commits or sends him to the Crown | |
Court for trial for the offence charged in the information, or | |
(b) a count charging him with the offence is included in an | 25 |
indictment by virtue of section 40 of the Criminal Justice Act | |
1988. | |
8C Restrictions on reporting | |
(1) Except as provided by this section no report of matters falling within | |
subsection (2) may be published in England and Wales. | 30 |
(2) The following matters fall within this subsection— | |
(a) a ruling under section 8A; | |
(b) proceedings on an application for a ruling under section 8A; | |
(c) an order under section 8B that a ruling under section 8A be | |
discharged, varied or further varied; | 35 |
(d) proceedings on an application under section 8B for a ruling | |
under section 8A to be discharged, varied or further varied. | |
(3) A magistrates’ court dealing with any matter falling within | |
subsection (2) may order that subsection (1) does not apply, or does | |
not apply to a specified extent, to a report of the matter. | 40 |
(4) Where there is only one accused and he objects to the making of an | |
order under subsection (3)— | |
(a) the court may make the order if (and only if) satisfied after | |
hearing the representations of the accused that it is in the | |
interests of justice to do so, and | 45 |
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(b) if the order is made, it shall not apply to the extent that a | |
report deals with any such objection or representations. | |
(5) Where there are two or more accused and one or more of them | |
objects to the making of an order under subsection (3)— | |
(a) the court may make the order if (and only if) satisfied after | 5 |
hearing the representations of each of the accused that it is in | |
the interests of justice to do so, and | |
(b) if the order is made, it shall not apply to the extent that a | |
report deals with any such objection or representations. | |
(6) Subsection (1) does not apply to the publication of a report of matters | 10 |
after the case against the accused or, if more than one, against each | |
of them, is disposed of. | |
(7) Subsection (1) does not apply to a report which contains only one or | |
more of the following matters— | |
(a) the identity of the court and the names of the justices; | 15 |
(b) the names, ages, home addresses and occupations of the | |
accused and witnesses; | |
(c) the offence or offences, or a summary of them, with which the | |
accused or any of the accused are charged; | |
(d) the names of counsel and solicitors in the proceedings; | 20 |
(e) where the proceedings are adjourned, the date and place to | |
which they are adjourned; | |
(f) any arrangements as to bail; | |
(g) whether a right to representation funded by the Legal | |
Services Commission as part of the Criminal Defence Service | 25 |
was granted to the accused or any of the accused. | |
(8) The addresses that may be included in a report by virtue of | |
subsection (7) are addresses— | |
(a) at any relevant time, and | |
(b) at the time of their inclusion in the publication. | 30 |
(9) In subsection (8), “relevant time” means a time when events giving | |
rise to the charges to which the proceedings relate are alleged to have | |
occurred. | |
(10) Nothing in this section affects any prohibition or restriction imposed | |
by virtue of any other enactment on the publication of a report of any | 35 |
matter. | |
(11) In this section and in section 8D— | |
(a) references to publication of a report of matters falling within | |
subsection (2)— | |
(i) include references to inclusion of those matters in any | 40 |
speech, writing, relevant programme or other | |
communication in whatever form which is addressed | |
to the public at large or any section of the public (and | |
for this purpose every relevant programme is to be | |
taken to be so addressed), but | 45 |
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(ii) do not include references to inclusion of those matters | |
in a document prepared for use in particular legal | |
proceedings; | |
(b) “relevant programme” means a programme included in a | |
programme service, within the meaning of the Broadcasting | 5 |
Act 1990. | |
8D Offences in connection with reporting | |
(1) If a report is published in contravention of section 8C each of the | |
following persons is guilty of an offence— | |
(a) in the case of a publication of a report as part of a newspaper | 10 |
or periodical, any proprietor, editor or publisher of the | |
newspaper or periodical; | |
(b) 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 | 15 |
and any person having functions in relation to the | |
programme corresponding to those of an editor of a | |
newspaper; | |
(c) in the case of any other publication, any person publishing it. | |
(2) If an offence under this section committed by a body corporate is | 20 |
proved— | |
(a) to have been committed with the consent or connivance of, or | |
(b) to be attributable to any neglect on the part of, | |
an officer, the officer as well as the body corporate is guilty of the | |
offence and liable to be proceeded against and punished | 25 |
accordingly. | |
(3) In subsection (2), “officer” means a director, manager, secretary or | |
other similar officer of the body, or a person purporting to act in any | |
such capacity. | |
(4) If the affairs of a body corporate are managed by its members, | 30 |
“director” in subsection (3) means a member of that body. | |
(5) A person guilty of an offence under this section is liable on summary | |
conviction to a fine of an amount not exceeding level 5 on the | |
standard scale. | |
(6) Proceedings for an offence under this section may not be instituted | 35 |
otherwise than by or with the consent of the Attorney General.” | |
Schedule 4 | |
Section 65 | |
Further functions conferred on District Judges (Magistrates’ Courts) | |
Criminal Justice Act 1967 (c. 80) | |
1 In section 9(5) (requirement for author of written statement to give evidence | 40 |
in person), for “by a puisne judge of the High Court, a Circuit judge or | |
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Recorder sitting alone” substitute “by any of the following sitting alone— | |
(a) a puisne judge of the High Court; | |
(b) a Circuit judge; | |
(c) a District Judge (Magistrates’ Courts); | |
(d) a Recorder.” | 5 |
Taxes Management Act 1970 (c. 9) | |
2 In— | |
(a) section 20D(1)(a) (meaning of “the appropriate judicial authority” in | |
relation to England and Wales), and | |
(b) paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply | 10 |
with order under section 20BA), | |
after “Circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
Juries Act 1974 (c. 23) | |
3 In section 9B, for subsection (3) (meaning of “the judge” for purposes of | |
discharge of person incapable of acting effectively as juror) substitute— | 15 |
“(3) In this section and section 10 “the judge” means— | |
(a) a judge of the High Court, | |
(b) a Circuit judge, | |
(c) a District Judge (Magistrates’ Courts), or | |
(d) a Recorder.” | 20 |
4 In section 10 (discharge of summons in case of doubt as to capacity to act | |
effectively as juror) omit “and for this purpose “the judge” means any judge | |
of the High Court or any Circuit judge or Recorder”. | |
Police and Criminal Evidence Act 1984 (c. 60) | |
5 In section 9(2A) (application of enactments relating to execution of process | 25 |
in Scotland or Northern Ireland to processes issued by a Circuit judge under | |
Schedule 1 to 1984 Act), for “circuit judge” substitute “judge”. | |
6 (1) In Schedule 1 (applications for access to excluded or special procedure | |
material) for “circuit judge”, in each place, substitute “judge”. | |
(2) After paragraph 16 insert— | 30 |
“Interpretation | |
17 In this Schedule “judge” means a Circuit judge or a District Judge | |
(Magistrates’ Courts).” | |
Computer Misuse Act 1990 (c. 18) | |
7 In section 14(1) (search warrants for offences under section 1) after “a Circuit | 35 |
judge” insert “or a District Judge (Magistrates’ Courts)”. | |
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Data Protection Act 1998 (c. 29) | |
8 In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after | |
“circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
Terrorism Act 2000 (c. 11) | |
9 In Schedule 5 (terrorist investigations: information)— | 5 |
(a) in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), | |
after “Circuit judge” insert “or a District Judge (Magistrates’ | |
Courts)”, and | |
(b) in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “or the | |
District Judge (Magistrates’ Courts)”. | 10 |
10 In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” | |
insert “or a District Judge (Magistrates’ Courts)”. | |
11 In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a | |
Circuit judge,” substitute “a Circuit judge or a District Judge (Magistrates’ | |
Courts),”. | 15 |
Regulation of Investigatory Powers Act 2000 (c. 23) | |
12 In Schedule 2 (persons who have the appropriate permission), in paragraph | |
1(1)(a), after “Circuit judge” insert “or a District Judge (Magistrates’ | |
Courts)”. | |
Freedom of Information Act 2000 (c. 36) | 20 |
13 In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after | |
“Circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
International Criminal Court Act 2001 (c. 17) | |
14 In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) | |
and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” | 25 |
substitute “— | |
(a) a Circuit judge or a District Judge (Magistrates’ Courts), or | |
(b) in Northern Ireland, a county court judge,”. | |
Armed Forces Act 2001 (c. 19) | |
15 In section 6(2)(a) (applications for access to excluded or special procedure | 30 |
material), for “circuit judges” substitute “judges”. | |
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