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Baroness Blatch moved Amendment No. 156:


Page 30, line 46, leave out ("made by statutory instrument").

On Question, amendment agreed to.

Clause 45, as amended, agreed to.

Clause 46 [Time when alleged offence committed]:

Baroness Blatch moved Amendment No. 157:


Page 31, line 2, leave out (" 21(1),").

On Question, amendment agreed to.

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Baroness Blatch moved Amendment No. 158:


Page 31, line 2, leave out (" 32(1),").

On Question, amendment agreed to.

Clause 46, as amended, agreed to.

Baroness Blatch moved Amendment No. 159:


After Clause 46, insert the following new clause--

Orders and regulations

(".--(1) The power to make an order or regulations under this Act may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
(2) The power to make an order under this Act shall be exercisable by statutory instrument.
(3) The power to make regulations under this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.").

On Question, amendment agreed to.

Clause 47 [Extent]:

Baroness Blatch moved Amendment No. 160:


Page 31, line 9, at end insert (", with the exception of sections 28, 29, (Restrictions on reporting), (Offences in connection with reporting), this section and section 49.").

On Question, amendment agreed to.

Clause 47, as amended, agreed to.

Clauses 48 and 49 agreed to.

Baroness Blatch moved Amendment No. 161:


Before Schedule 1, insert the following new schedule--

("SCHEDULE
Transfer for Trial
Magistrates' Courts Act 1980

1. In section 4 of the 1980 Act (transfer for trial: preliminary) in subsections (2) and (3) (sections of Act to apply where court proceeds with a view to transfer) for "5" there shall be substituted "4A".
2. The following sections shall be inserted after section 4 of the 1980 Act--
"Amendment or substitution of charge.
4A.--(1) Where a magistrates' court is proceeding with a view to transfer for trial the prosecutor may, before serving a notice of his case on the court under section 5 below, make an application in writing to the court for the amendment or substitution of the charge concerned or, if there is more than one charge, all or any of them.
(2) An application shall state--
(a) the nature of the proposed amendment or substitution, and
(b) the reasons for proposing it.
(3) The prosecutor shall serve a copy of the application on the accused if he can be found or, if there is more than one accused, on each of them who can be found.
(4) The court shall set a date for consideration of the application and shall serve on the accused if he can be found (or if there is more than one accused on each of them who can be found) a written notice--
(a) of that date,
(b) that he may appear before the court on that date,
(c) that if he does not so appear the court may proceed to consider the application in his absence, and
(d) that he may make representations to the court when the application is considered.
(5) The prosecutor shall appear before the court on the date set for consideration of the application and if requested to do so by the court shall explain--

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(a) the nature of the proposed amendment or substitution, and
(b) the reasons for proposing it.
(6) After considering the application the court shall grant the application if the court considers that to make the amendment or substitution would not constitute an abuse of the process of the court; and if the court grants the application section 4B below shall apply.
Charge amended or substituted under section 4A.
4B.--(1) This section applies if the court grants an application under section 4A above.
(2) Any statement given under section 6(1A) below before the application was granted shall not affect the amended or substituted charge or charges.
(3) Subject to the following provisions of this section, the amended or substituted charge or charges shall be treated as the charge or charges the proceedings on which are to be transferred for trial.
(4) If a charge for a summary offence is substituted for a charge for an indictable offence, as regards the first-mentioned charge the court shall proceed to summary trial and section 9 below and the other provisions of this Act shall apply accordingly.
(5) If a charge for an offence triable either way is substituted for--
(a) a charge for a different offence triable either way, or
(b) a charge for an offence triable only on indictment,
as regards the first-mentioned charge the court shall proceed to the initial procedure for offences triable either way and section 17A below and the other provisions of this Act shall apply accordingly."
3. In section 5 of the 1980 Act (prosecutor's notice of prosecution case) the following subsection shall be inserted after subsection (5)--
"(5A) Where this section applies to proceedings against an accused for an offence and the prosecutor fails to serve on the magistrates' court a notice of the prosecution case within the relevant period, the court shall discharge the accused; and the relevant period is--
(a) the period prescribed for the purposes of subsection (1) above, or
(b) if the court allows a further period under that subsection, that period."
4.--(1) Section 6 of the 1980 Act (application for dismissal) shall be amended as follows.
(2) The following subsection shall be inserted after subsection (1)--
"(1A) Where--
(a) a magistrates' court is proceeding with a view to transfer for trial,
(b) the accused or any of them gives a written statement to the court that he will not make an application for dismissal with regard to the charge or charges concerned, and
(c) as soon as reasonably practicable after he gives the statement he sends a copy to the prosecutor and to any co-accused,
he may not make an application for dismissal with regard to the charge or charges concerned."
(3) In subsection (10) the word "written" shall be omitted.
(4) In subsection (11) for the words from "; and if" to the end of the subsection there shall be substituted "for the offence charged; and if the court does so section 6A below shall apply."

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5. The following section shall be inserted after section 6--
"Charge amended or substituted under section 6.
6A.--(1) This section applies if the court amends a charge, or substitutes a different offence for the offence charged, under section 6(11) above.
(2) Any statement given under section 6(1A) above before the amendment or substitution was made shall not affect the amended or substituted charge.
(3) Subject to the following provisions of this section, the amended or substituted charge shall be treated as the charge the proceedings on which are to be transferred for trial.
(4) If a charge for a summary offence is substituted for a charge for an indictable offence, as regards the first-mentioned charge the court shall proceed to summary trial and section 9 below and the other provisions of this Act shall apply accordingly.
(5) If a charge for an offence triable either way is substituted for--
(a) a charge for a different offence triable either way, or
(b) a charge for an offence triable only on indictment,
as regards the first-mentioned charge the court shall proceed to the initial procedure for offences triable either way and section 17A below and the other provisions of this Act shall apply accordingly."
6. In section 7 of the 1980 Act (transfer for trial) the following subsections shall be substituted for subsection (1)--
"(1) This section applies where a notice of the prosecution case has been served on a magistrates' court with respect to any proceedings, and it applies whether the proceedings concern one accused or more and whether they concern one charge or more.
(1A) The court shall act under this section once it is established as regards each charge as it applies to each accused that one of the qualifying conditions is met; and different qualifying conditions may be met as regards different charges or different persons accused.
(1B) The qualifying conditions are--
(a) that an application for dismissal is precluded by section 6(1A) above;
(b) that 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;
(c) that an application for dismissal has been made and dismissed;
(d) that an application for dismissal has been made and has succeeded.
(1C) The court shall take each charge as it applies to each accused, and if as regards any charge or charges any of the conditions in subsection (1B)(a) to (c) above is or are met the court shall in accordance with subsection (1D) below transfer the proceedings for the trial of the accused concerned (whether one or more) on the charge or charges concerned to the Crown Court sitting at a place specified by the court.
(1D) The court shall--
(a) make one transfer of the proceedings, however many accused there may be and however many charges there may be;
(b) transfer the proceedings within the prescribed period and in the prescribed manner."
7. In section 8A of the 1980 Act (reporting restrictions) the following subsections shall be inserted after subsection (13)--
"(13A) For the purposes of this section proceedings on an application for dismissal to a magistrates' court under section 6 above shall be deemed to include any proceedings in the court before it proceeds with a view to transfer for trial as regards the charge or charges concerned; but this is subject to subsection (13B) below.
(13B) Where a magistrates' court--

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(a) begins to try an information summarily, but
(b) discontinues the summary trial in pursuance of section 25(2) or (6) below and proceeds with a view to transfer for trial as regards a charge or charges,
that circumstance shall not make it unlawful under this section for a report of any proceedings on the information which was published or included in a relevant programme before the court determined to proceed as mentioned in paragraph (b) above to have been so published or broadcast."
8. In section 128A of the 1980 Act (remand in custody for more than 8 days) the following subsections shall be inserted after subsection (2)--
"(2A) Where a magistrates' court is proceeding with a view to transfer for trial subsection (2) above shall have effect as if it read--
"(2) A magistrates' court may remand the accused in custody for a period exceeding 8 clear days if--
(a) the court has previously remanded him in custody for the same offence,
(b) he is before the court,
(c) the court has afforded the parties an opportunity to make representations,
(d) the court has stated the date by which the next stage in the proceedings (other than a hearing relating to a further remand in custody or on bail) is required to take place, and
(e) the remand is for a period ending not later than the date stated or for a period of 28 clear days (whichever is the less)."
(2B) The reference in subsection (2A) above to a magistrates' court proceeding with a view to transfer for trial has the same meaning as it has in Part I of this Act by virtue of section 4(5) above."
Sexual Offences (Amendment) Act 1976

9. In section 3 of the Sexual Offences (Amendment) Act 1976 (application of restrictions on evidence at certain trials to committal proceedings etc.) the following subsections shall be substituted for subsection (1)--
"(1) Where a magistrates' court considers an application made under section 6 of the Magistrates' Courts Act 1980 for dismissal of a charge for a rape offence, then, except with the consent of the court, no restricted matter shall be raised in the course of oral representations allowed by that section.
(1A) For the purposes of subsection (1) of this section a restricted matter is a matter as regards which evidence could not be adduced and a question could not be asked without leave in pursuance of section 2 of this Act if--
(a) proceedings on the application for dismissal were a trial at which a person is charged as mentioned in section 2(1) of this Act, and
(b) each of the accused in respect of whom the application for dismissal is made were charged at the trial with the offence or offences to which the application relates."
General

10. In this Schedule--
(a) "the 1980 Act" means the Magistrates' Courts Act 1980;
(b) "the 1994 Act" means the Criminal Justice and Public Order Act 1994;
(c) "the appointed day" means the day appointed under section 172 of the 1994 Act for the commencement of section 44 of that Act (which introduces Schedule 4).
11. In paragraphs 1 to 7 references to provisions of the 1980 Act are to provisions of that Act as substituted by Schedule 4 to the 1994 Act.

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12. The amendments made by paragraphs 1 to 9 do not apply in relation to proceedings in which a magistrates' court has begun to inquire into a case as examining justices before the appointed day.
13. The amendment made by paragraph 8 has effect in areas or proceedings in which section 128A of the 1980 Act has effect immediately before the appointed day (subject to any further order made under section 128A).").

On Question, amendment agreed to.

[Amendment No. 162 not moved.]

Schedule 1 [Modifications for Northern Ireland]:


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