Explanatory Notes

Courts Act 2003

2003 CHAPTER 39

20 November 2003

Background

Transfer of criminal proceedings

96.Section 3B of the MCA 1980 (inserted by the AJA 1999) enables either the prosecution or the defence to apply to have a summary case transferred to a magistrates’ court in another commission area (although this has not yet been brought into operation). This Act goes further and allows the court, either on the application of one of the parties or at its own volition, to transfer a criminal case at any stage in the proceedings.