Senior Courts Act 1981

Distribution of business E+W

75 Allocation of cases according to composition of court, etc. E+W

(1) The cases or classes of cases in the Crown Court suitable for allocation respectively to a judge of the High Court and to a Circuit judge or Recorder, and all other matters relating to the distribution of Crown Court business, shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.

(2) Subject to section 74(1), the cases or classes of cases in the Crown Court suitable for allocation to a court comprising justices of the peace (including those by way of trial on indictment which are suitable for allocation to such a court) shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.

76 Committal for trial: alteration of place of trial. E+W

(1) Without prejudice to the provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions, or further directions, altering the place of any trial on indictment, whether by varying the decision of a magistrates’ court under section 7 of the M1 Magistrates’ Courts Act 1980 or [F1 by substituting some other place for the place specified in a notice under [F2 a relevant transfer provision] (notices of transfer from magistrates’ court to Crown Court) or by varying] a previous decision of the Crown Court.

(2) Directions under subsection (1) may be given on behalf of the Crown Court by an officer of the court.

[F3 (2A) Where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987, directions altering the place of trial may be given under subsection (1) at any time before the jury are sworn.]

(3) The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court, [F4 as specified in a notice under [F5 a relevant transfer provision] or as fixed] by the Crown Court, may apply to the Crown Court for a direction, or further direction, varying the place of trial; and the court shall take the matter into consideration and may comply with or refuse the application, or give a direction not in compliance with the application, as the court thinks fit.

(4) An application under subsection (3) shall be heard in open court by a judge of the High Court.

[F6 (5) In this section “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.]

Textual Amendments

F1 Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 10(a)

F2 Words in s. 76(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 17(a) (by words at the end of para. 17 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 51 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F3 S. 76(2A) inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 10(b)

F4 Words substituted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 10(c)

F5 Words in s. 76(3) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 17(b) (by words at the end of para. 17 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F6 S. 76(5) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 17(c) (by words at the end of para. 17 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

Marginal Citations

M1 1980 c. 43.

77 Committal for trial: date of trial. E+W

(1) Crown Court Rules shall prescribe the minimum and the maximum period which may elapse between a person’s committal for trial [F7 or the giving of a notice of transfer under [F8 a relevant transfer provision]] and the beginning of the trial; and such rules may make different provision for different places of trial and for other different circumstances.

(2) The trial of a person committed by a magistates’ court [F9 or in respect of whom a notice of transfer under a relevant transfer provision has been given]—

(a) shall not begin until the prescribed minimum period has expired except with his consent and the consent of the prosecutor;and

(b) shall not begin later than the expiry of the prescribed maximum period unless a judge of the Crown Court otherwise orders.

(3) For the purposes of this section the prescribed minimum and maximum periods shall begin with the date of committal for trial [F10 or of a notice of transfer]and the trial shall be taken to begin when the defendant is arraigned.

[F11 (4) In this section “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.]

Textual Amendments

F7 Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 11

F8 Words in s. 77(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(a) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F9 Words in s. 77(2) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(b) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F10 Words in s. 77(3) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(c) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F11 S. 77(4) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(d) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A