Criminal Justice and Courts Act 2015

Magistrates' Courts Act 1980 (c. 43) U.K.

2 U.K. The Magistrates' Courts Act 1980 is amended as follows.

Commencement Information

I1 Sch. 11 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77

3 (1) Section 1 (issue of summons to accused etc) is amended as follows. U.K.

(2) In subsection (4A), for “public prosecutor” substitute “ relevant prosecutor authorised to issue requisitions ”.

(3) Omit subsection (4B).

(4) In subsection (6A), for “public prosecutor” substitute “ relevant prosecutor ”.

Commencement Information

I2 Sch. 11 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77

4 U.K. In section 11 (non-appearance of accused: general provisions), after subsection (5) insert—

“(5A) Subsection (4) does not apply in relation to proceedings adjourned under section 16C(3)(a) because of section 16C(2) (adjournment of a section 16A trial because the accused indicates a wish to make representations).”

Commencement Information

I3 Sch. 11 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77

5 U.K. In section 123 (defect in process), after subsection (2) insert—

“(3) In the application of this section to proceedings conducted in accordance with section 16A—

(a) a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and

(b) subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “ is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A ”.”

Commencement Information

I4 Sch. 11 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77

6 U.K. In section 150(1) (interpretation of other terms)—

(a) omit the entry for “public prosecutor”, “requisition” and “written charge”, and

(b) at the appropriate places insert—

““relevant prosecutor” has the meaning given by section 29 of the Criminal Justice Act 2003;”,

““requisition” has the meaning given by section 29 of the Criminal Justice Act 2003;”,

““single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003;”, and

““written charge” has the meaning given by section 29 of the Criminal Justice Act 2003;”.

Commencement Information

I5 Sch. 11 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77