(1)The following offences shall be triable only summarily (instead of either way), namely—
(a)the offences mentioned (and broadly described) in column 1 of Schedule 1 to this Act; . . . F1
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
X1(2)The provisions mentioned in subsection (3) below (which confer a right to claim trial by jury for certain offences triable summarily, thereby making triable either way such of those offences as would otherwise be triable only summarily) shall cease to have effect.
X2(3)The said provisions are—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(b)sections 9 and 19(1) and (2) of the M1Conspiracy and Protection of Property Act 1875;
(c)in the M2Cruelty to Animals Act 1876, section 15 and, in section 17, the words from “or if” to “Justiciary”;
(d)in the M3 Witnesses (Public Enquiries) Protection Act 1892, in section 3 the words from “provided that” onwards and, in section 6, paragraph (2).
(4)The following offences under the M4Night Poaching Act 1828 shall be triable only summarily (instead of only on indictment), namely—
(a)offences under section 2 of that Act (assaults by persons committing offences under the Act);
(b)offences under section 9 of that Act (entering land, with others, armed and for the purpose of taking or destroying game or rabbits).
(5)Subsections (1) and (4) above are without prejudice to any other enactment by virtue of which any offence is triable only summarily.
Editorial Information
X1The text of ss. 5(10)(11), 15(2), 17, 30(1)(2), 31(10), 32(3), 46, 49, 52, 57, 63(1), 65(4)(5), Sch. 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
X2The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F1Word “and” and s. 15(1)(b) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9
F2S. 15(3)(a) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9
Marginal Citations