49 Power to order search of persons before Crown Court. X1E+W
After section 34 of the M1Powers of Criminal Courts Act 1973 there shall be inserted—
“34A Power of Crown Court to order search of persons before it.
(1)Where—
(a)the Crown Court imposes a fine on a person or forfeits his recognizance;
(b)the Crown Court makes against a person any such order as is mentioned in paragraphs 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs);
(c)the Crown Court makes against a person any such order as is mentioned in paragraph 12 of that Schedule (fines etc. payable by parents or guardians) other than an order under section 35 of this Act; or
(d)on determination of an appeal brought by a person under section 83 of the Magistrates’ Courts Act 1952 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,
then, if that person is before it, the Crowm Court may order him to be searched.
(2)Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.”.
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5(10)(11), 15(2), 17, 30(1)(2), 31(10), 32(3), 46, 49, 52, 57, 63(1), 65(4)(5), Sch. 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations