Criminal Procedure and Investigations Act 1996

44 Reinstatement of certain provisions. E+W

(1) The M1 Criminal Justice and Public Order Act 1994 shall be amended as follows.

(2) Section 44 and Schedule 4 (which provide for transfer for trial instead of committal proceedings) shall be omitted.

(3) [F1 In each of sections 34, 36 and 37 for paragraph (a) of subsection (2) (magistrates’ court proceeding with a view to transfer) there shall be substituted—

“(a) a magistrates’ court inquiring into the offence as examining justices;”.]

(4) Sections 34(7), 36(8) and 37(7) (transitional) shall be omitted.

(5) In Schedule 11 (repeals) the entries relating to the following (which concern committal, transfer and other matters) shall be omitted—

(a) sections 13(3) and 49(2) of the M2 Criminal Justice Act 1925;

(b) section 1 of the M3 Criminal Procedure (Attendance of Witnesses) Act 1965;

(c) section 7 of the M4 Criminal Justice Act 1967 and in section 36(1) of that Act the definition of “committal proceedings”;

(d) in paragraph 1 of Schedule 2 to the M5 Criminal Appeal Act 1968 the words from “section 13(3)” to “but”;

(e) in section 46(1) of the M6 Criminal Justice Act 1972 the words “Section 102 of the Magistrates’ Courts Act 1980 and”, “which respectively allow”, “committal proceedings and in other”, “and section 106 of the said Act of 1980”, “which punish the making of”, “102 or” and “, as the case may be”, and section 46(2) of that Act;

(f) in section 32(1)(b) of the M7 Powers of Criminal Courts Act 1973 the words “tried or”;

(g) in Schedule 1 to the M8 Interpretation Act 1978, paragraph (a) of the definition of “Committed for trial”;

(h) in section 97(1) of the M9 Magistrates’ Courts Act 1980 the words from “at an inquiry” to “be) or”, sections 102, 103, 105, 106 and 145(1)(e) of that Act, in section 150(1) of that Act the definition of “committal proceedings”, and paragraph 2 of Schedule 5 to that Act;

(i) in section 2(2)(g) of the M10 Criminal Attempts Act 1981 the words “or committed for trial”;

(j) in section 1(2) of the M11 Criminal Justice Act 1982 the words “trial or”;

(k) paragraphs 10 and 11 of Schedule 2 to the M12 Criminal Justice Act 1987;

(l) in section 20(4)(a) of the M13 Legal Aid Act 1988 the words “trial or”, and section 20(4)(bb) and (5) of that Act;

(m) in section 1(4) of the M14 War Crimes Act 1991 the words “England, Wales or”, and Part I of the Schedule to that Act.

(6) The 1994 Act shall be treated as having been enacted with the amendments made by subsections (2) and (5).

(7) Subsections (3) and (4) apply where a magistrates’ court begins to inquire into an offence as examining justices after the day on which this Act is passed.

Textual Amendments

F1 S. 44(3) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

Marginal Citations

M1 1994 c. 33.

M2 1925 c. 86.

M3 1965 c. 69.

M4 1967 c. 80.

M5 1968 c. 19.

M6 1972 c. 71.

M7 1973 c. 62.

M8 1978 c. 30.

M9 1980 c. 43.

M10 1981 c. 47.

M11 1982 c. 48.

M12 1987 c. 38.

M13 1988 c. 34.

M14 1991 c. 13.