Criminal Justice Act 2003

Magistrates' Courts Act 1980 (c. 43) E+W

51 (1) The Magistrates' Courts Act 1980 is amended as follows. E+W

(2) In section 2, as substituted by the Courts Act 2003 (trial of summary offences), in subsection (2), for “as examining justices over” there is substituted “ under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of ”.

(3) Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted.

(4) In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-trial hearing), in subsection (6), the words “commits or” are omitted.

(5) In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from “proceeds” to the end there is substituted “ sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and ”.

(6) The following sections shall cease to have effect—

(a) section 97A (summons or warrant as to committal proceedings),

(b) section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and

(c) section 106 (false written statements tendered in evidence).

(7) In section 128 (remand in custody or on bail)—

(a) in subsection (1)(b), the words “inquiring into or” are omitted,

(b) in subsection (1A)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(c) in subsection (3A)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(d) in subsection (3C)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”, and

(e) in subsection (3E)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(8) In section 129 (further remand), in subsection (4)—

(a) for “commits a person” there is substituted “ sends a person to the Crown Court ”, and

(b) for “committed” there is substituted “ sent ”.

(9) In section 130 (transfer of remand hearings), in subsection (1)—

(a) “5,” is omitted, and

(b) for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(10) In section 145 (rules: supplementary provisions), in subsection (1), paragraph (f) is omitted.

(11) In section 150 (interpretation of other terms), in subsection (1), the definition of “committal proceedings” is omitted.

(12) In section 155 (short title, extent and commencement), in subsection (2)(a), the words “8 (except subsection (9))” are omitted.

(13) In Schedule 3 (corporations)—

(a) in paragraph 2, sub-paragraph (a) is omitted,

(b) in paragraph 6, for “inquiry into, and trial of,” there is substituted “ trial of ”.

(14) In Schedule 5 (transfer of remand hearings)—

(a) paragraph 2 is omitted, and

(b) in paragraph 5, for “5, 10 or 18(4)” there is substituted “ 10, 17C, 18(4) or 24C ”.

Commencement Information

I1 Sch. 3 para. 51 partly in force; Sch. 3 para. 51 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 51(1)(2)(5)(8) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(i); Sch. 3 para. 51 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

I2 Sch. 3 para. 51 in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

I3 Sch. 3 para. 51 in force at 28.5.2013 for specified purposes by S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)