Magistrates’ Courts Act 1980

123 Defect in process. E+W

(1) No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.

(2) If it appears to a magistrates’ court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.

[F1 (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 ”.]

Textual Amendments

F1 S. 123(3) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 77

Modifications etc. (not altering text)

C1 S. 123 applied (with modifications) (1.4.1997) by S.I. 1997/704, rule 5(1)(3)(4)(h)(6)

C2 S. 123 applied (with modifications) by S.I. 2010/60, rule 62.16 (as substituted (4.4.2011) by The Criminal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/3026), rules 1, 9, Sch. 2)

C3 S. 123 modified (3.10.2011) by The Criminal Procedure Rules 2011 (S.I. 2011/1709), rule 62.16(3)(f)

C4 S. 123 modified (1.10.2012) by The Criminal Procedure Rules 2012 (S.I. 2012/1726), rule 62.16(2)(3)(f)

C5 S. 123 modified (7.10.2013) by The Criminal Procedure Rules 2013 (S.I. 2013/1554), rule 62.16(2)(3)(f) (with rule 2.1)

C6 S. 123 modified (6.10.2014) by The Criminal Procedure Rules 2014 (S.I. 2014/1610), rule 62.16(2)(3)(f) (with rule 2.1)

C7 S. 123 modified (5.10.2015) by The Criminal Procedure Rules 2015 (S.I. 2015/1490), rule 48.16(2)(3)

C8 S. 123 modified (5.10.2020) by The Criminal Procedure Rules 2020 (S.I. 2020/759), rule 48.16(2)(3)