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Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

208

 

(b)   

(if it is a summary offence) appears to the court to be related

to the offence for which he is sent for trial or to the either-way

offence, and which fulfils the requisite condition.

(7)   

Where—

(a)   

the court sends an adult (“A”) for trial under subsection (1),

5

(3) or (5) above; and

(b)   

a child or young person appears or is brought before the

court on the same or a subsequent occasion charged jointly

with A with an indictable offence for which A is sent for trial

under subsection (1), (3) or (5) above, or an indictable offence

10

which appears to the court to be related to that offence,

   

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.

(8)   

Where the court sends a child or young person for trial under

15

subsection (7) above, it may at the same time send him to the Crown

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 for which he is sent for trial; and

20

(b)   

(if it is a summary offence) appears to the court to be related

to the offence for which he is sent for trial or to the indictable

offence, and which fulfils the requisite condition.

(9)   

Subsections (7) and (8) above are subject to sections 24A and 24B of

the Magistrates’ Courts Act 1980 (which provide for certain cases

25

involving children and young persons to be tried summarily).

(10)   

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.

30

(11)   

A summary offence fulfils the requisite condition if it is punishable

with imprisonment or involves obligatory or discretionary

disqualification from driving.

(12)   

In the case of an adult charged with an offence—

(a)   

if the offence satisfies paragraph (c) of subsection (2) above,

35

the offence shall be dealt with under subsection (1) above and

not under any other provision of this section or section 51A

below;

(b)   

subject to paragraph (a) above, if the offence is one in respect

of which the court is required to, or would decide to, send the

40

adult to the Crown Court under—

(i)   

subsection (5) above; or

(ii)   

subsection (6) of section 51A below,

   

the offence shall be dealt with under that subsection and not under

any other provision of this section or section 51A below.

45

(13)   

The functions of a magistrates’ court under this section, and its

related functions under section 51D below, may be discharged by a

single justice.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

209

 

51A     

Sending cases to the Crown Court: children and young persons

(1)   

This section is subject to sections 24A and 24B of the Magistrates’

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

5

magistrates’ court (“the court”) charged with an offence and any of

the conditions mentioned in subsection (3) below is satisfied, the

court shall send him forthwith to the Crown Court for trial for the

offence.

(3)   

Those conditions are—

10

(a)   

that the offence falls within subsection (12) below;

(b)   

that the offence is such as is mentioned in subsection (1) 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)

15

and the court considers that if he is found guilty of the offence

it ought to be possible to sentence him in pursuance 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;

20

(d)   

that the offence is a specified offence (within the meaning of

section 196 of the Criminal Justice Act 2003) and it appears to

the court that if he is found guilty of the offence the criteria

for the imposition of a sentence under section 198(3) or 200(2)

of that Act would be met.

25

(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

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

30

to the offence mentioned in subsection (2) above; or

(b)   

(if it is a summary offence) appears to the court to be related

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).

35

(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

40

subsection (2) above; and

(b)   

(in the case of a summary offence) fulfils the requisite

condition,

   

the court may send him forthwith to the Crown Court for trial for the

indictable or summary offence.

45

(6)   

Where—

(a)   

the court sends a child or young person (“C”) for trial under

subsection (2) or (4) above; and

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

210

 

(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

subsection (2) or (4) above, or an either-way offence which

appears to the court to be related to that offence,

5

   

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.

(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

10

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

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

15

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

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

20

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

disqualification from driving.

(10)   

In the case of a child or young person charged with an offence—

25

(a)   

if the offence satisfies any of the conditions in subsection (3)

above, the offence shall be dealt with under subsection (2)

above and not under any other provision of this section or

section 51 above;

(b)   

subject to paragraph (a) above, if the offence is one in respect

30

of which the requirements of subsection (7) of section 51

above for sending the child or young person to the Crown

Court are satisfied, the offence shall be dealt with under that

subsection and not under any other provision of this section

or section 51 above.

35

(11)   

The functions of a magistrates’ court under this section, and its

related functions under section 51D below, may be discharged by a

single justice.

(12)   

An offence falls within this subsection if—

(a)   

it is an offence of homicide; or

40

(b)   

each of the requirements of section 51A(1) of the Firearms Act

1968 would be satisfied with respect to—

(i)   

the offence; and

(ii)   

the person charged with it,

   

if he were convicted of the offence.

45

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

211

 

51B     

Notices in serious or complex fraud cases

(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

5

offence; and

(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

10

notice.

(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.

15

(4)   

A notice under this section must be given to the magistrates’ court at

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’

20

court cease in relation to the case, except—

(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)   

as provided by section 52 below.

25

(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’

30

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;

35

(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)

40

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

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

212

 

(c)   

that, for the purpose of avoiding any prejudice to the welfare

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.

5

(3)   

This subsection applies to an offence—

(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);

10

(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

15

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.

20

(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.

25

(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

30

(b)   

any person of whom a video recording (as defined in section

63(1) of the Youth Justice and Criminal Evidence Act 1999)

was made when he was under the age of 17 with a view to its

admission as his evidence in chief in the trial referred to in

subsection (1) above.

35

51D     

Notice of offence and place of trial

(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

40

given under section 51B above, must be the place specified in

that notice).

(2)   

A copy of the notice shall be served on the accused and given to the

Crown Court sitting at that place.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

213

 

(3)   

In a case where a person is sent for trial under section 51 or 51A

above for more than one offence, the court shall specify in that notice,

for each offence—

(a)   

the subsection under which the person is so sent; and

(b)   

if applicable, the offence to which that offence appears to the

5

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—

(a)   

the convenience of the defence, the prosecution and the

witnesses;

10

(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

75(1) of the Supreme Court Act 1981.

51E     

Interpretation of sections 50A to 51D

15

For the purposes of sections 50A to 51D above—

(a)   

“adult” means a person aged 18 or over, and references to an

adult include a corporation;

(b)   

“either-way offence” means an offence triable either way;

(c)   

an either-way offence is related to an indictable offence if the

20

charge for the either-way offence could be joined in the same

indictment as the charge for the indictable offence;

(d)   

a summary offence is related to an indictable offence if it

arises out of circumstances which are the same as or

connected with those giving rise to the indictable offence.”

25

19    (1)  

After section 52 there is inserted—

“52A    

Restrictions on reporting

(1)   

Except as provided by this section, it shall not be lawful—

(a)   

to publish in the United Kingdom a written report of any

allocation or sending proceedings in England and Wales; or

30

(b)   

to include in a relevant programme for reception in the

United Kingdom a report of any such proceedings,

   

if (in either case) the report contains any matter other than that

permitted by this section.

(2)   

Subject to subsections (3) and (4) below, a magistrates’ court may,

35

with reference to any allocation or sending proceedings, order that

subsection (1) above shall not apply to reports of those proceedings.

(3)   

Where there is only one accused and he objects to the making of an

order under subsection (2) above, the court shall make the order if,

and only if, it is satisfied, after hearing the representations of the

40

accused, that it is in the interests of justice to do so.

(4)   

Where in the case of two or more accused one of them objects to the

making of an order under subsection (2) above, the court shall make

the order if, and only if, it is satisfied, after hearing the

representations of the accused, that it is in the interests of justice to

45

do so.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

214

 

(5)   

An order under subsection (2) above shall not apply to reports of

proceedings under subsection (3) or (4) 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 (6) below.

5

(6)   

It shall not be unlawful under this section to publish or include in a

relevant programme a report of allocation or sending proceedings

containing any matter other than that permitted by subsection (7)

below—

(a)   

where, in relation to the accused (or all of them, if there are

10

more than one), the magistrates’ court is required to proceed

as mentioned in section 20(7) of the 1980 Act, after the court

is so required;

(b)   

where, in relation to the accused (or any of them, if there are

more than one), the court proceeds other than as mentioned

15

there, after conclusion of his trial or, as the case may be, the

trial of the last to be tried.

(7)   

The following matters may be contained in a report of allocation or

sending proceedings published or included in a relevant programme

without an order under subsection (2) above before the time

20

authorised by subsection (6) above—

(a)   

the identity of the court and the name of the justice or justices;

(b)   

the name, age, home address and occupation of the accused;

(c)   

in the case of an accused charged with an offence in respect

of which notice has been given to the court under section 51B

25

above, any relevant business information;

(d)   

the offence or offences, or a summary of them, with which the

accused is or are charged;

(e)   

the names of counsel and solicitors engaged in the

proceedings;

30

(f)   

where the proceedings are adjourned, the date and place to

which they are adjourned;

(g)   

the arrangements as to bail;

(h)   

whether a right to representation funded by the Legal

Services Commission as part of the Criminal Defence Service

35

was granted to the accused or any of the accused.

(8)   

The addresses that may be published or included in a relevant

programme under subsection (7) above are addresses—

(a)   

at any relevant time; and

(b)   

at the time of their publication or inclusion in a relevant

40

programme.

(9)   

The following is relevant business information for the purposes of

subsection (7) above—

(a)   

any address used by the accused for carrying on a business

on his own account;

45

(b)   

the name of any business which he was carrying on on his

own account at any relevant time;

(c)   

the name of any firm in which he was a partner at any

relevant time or by which he was engaged at any such time;

 

 

 
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