Magistrates’ Courts Act 1980

No warrant shall be issued under this section unless the information is in writing and substantiated on oath.

Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.

A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.

The areas to which this section applies are any county, any London commission area and the City of London.

A magistrates’ court for a county, a London commission area or the City of London shall have jurisdiction to try all summary offences committed within the county, the London commission area or the City (as the case may be).

Where a person charged with a summary offence appears or is brought before a magistrates’ court in answer to a summons issued under paragraph (b) of secion 1(2) above, or under a warrant issued under that paragraph, the court shall have jurisdiction to try the offence.

A magistrates’ court for a county, a London commission area or the City of London shall have jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court, whether or not the offence was committed within the county, the London commission area or the City (as the case may be).

Subject to sections 18 to 22 below and any other enactment (wherever contained) relating to the mode of trial of offences triable either way, a magistrates’ court shall have jurisdiction to try summarily an offence triable either way in any case in which under subsection (3) above it would have jurisdiction as examining justices.

A magistrates’ court shall, in the exercise of its powers under section 24 below, have jurisdiction to try summarily an indictable offence in any case in which under subsection (3) above it would have jurisdiction as examining justices.

A magistrates’ court for any area by which a person is tried for an offence shall have jurisdiction to try him for any summary offence for which he could be tried by a magistrates’ court for any other area.

Nothing in this section shall affect any jurisdiction over offences conferred on a magistrates’ court by any enactment not contained in this Act.

Where an offence has been committed on the boundary between two or more areas to which this section applies, or within 500 yards of such a boundary, or in any harbour, river, arm of the sea or other water lying between two or more such areas, the offence may be treated for the purposes of the preceding provisions of this Act as having been committed in any of those areas.

An offence begun in one area to which this section applies and completed in another may be treated for the purposes of the preceding provisions of this Act as having been wholly committed in either.

Where an offence has been committed on any person, or on or in respect of any property, in or on a vehicle or vessel engaged on any journey or voyage through two or more areas to which this section applies, the offence may be treated for the purposes of the preceding provisions of this Act as having been committed in any of those areas; and where the side or any part of a road or any water along which the vehicle or vessel passed in the course of the journey or voyage forms the boundary between two or more areas to which this section applies, the offence may be treated for the purposes of the preceding provisions of this Act as having been committed in any of those areas.

The areas to which this section applies are any county, any London commission area and the City of London.

Where a person is required to appear, or to be brought, before a magistrates’ court on an information charging him with a summary offence, he or the prosecutor may apply to the court for the offence to be tried by a magistrates’ court which is named in the application but which would not, apart from subsection (2) below, have jurisdiction to try the offence.

Where an application under this section is granted, the court named in it shall have jurisdiction to try the offence.

The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament.

The functions of examining justices may be discharged by a single justice.

Examining justices shall sit in open court except where any enactment contains an express provision to the contrary and except where it appears to them as respects the whole or any part of committal proceedings that the ends of justice would not be served by their sitting in open court.

Subject to subsection (4) below and section 102 below, evidence given before examining justices shall be given in the presence of the accused, and the defence shall be at liberty to put questions to any witness at the inquiry.

A magistrates’ court may, before beginning to inquire into an offence as examining justices, or at any time during the inquiry, adjourn the hearing, and if it does so shall remand the accused.

The court shall when adjourning fix the time and place at which the hearing is to be resumed; and the time fixed shall be that at which the accused is required to appear or be brought before the court in pursuance of the remand F4or would be required to be brought before the court but for section 128(3A) below.

Evidence falling within subsection (2) below, and only that evidence, shall be admissible by a magistrates’ court inquiring into an offence as examining justices.

In this section “document” means anything in which information of any description is recorded.

Evidence falling within subsection (2) below, and only that evidence, shall be admissible by a magistrates’ court inquiring into an offence as examining justices.

In this section “document” means anything in which information of any description is recorded.

So much of any statement as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

Any document or other object referred to as an exhibit and identified in a statement admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

In this section “document” means anything in which information of any description is recorded.

The condition falling within this subsection is that before the magistrates’ court begins to inquire into the offence concerned as examining justices a copy of the deposition is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings.

The condition falling within this subsection is that, if the deposition refers to any other document as an exhibit, the copy given to any other party to the proceedings under subsection (2) above is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it.

So much of any deposition as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any deposition as is not read aloud.

Any document or other object referred to as an exhibit and identified in a deposition admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the person whose evidence is taken as the deposition.

In this section “document” means anything in which information of any description is recorded.

For the purposes of section 5A above a statement complies with this section if the conditions falling within subsections (2) to (4) below are met.

The condition falling within this subsection is that when the court or a party is notified as mentioned in subsection (2) above a copy of the statement is given, by or on behalf of the prosecutor, to the court or the party concerned.

So much of any statement as is in writing and is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

So much of any document as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any document as is not read aloud.

In this section “document” means anything in which information of any description is recorded.

Subsection (1)(b) above applies whether or not the statement, deposition or document is still in existence.

It is immaterial for the purposes of this section how many removes there are between a copy and the original.

In this section “copy”, in relation to a statement, deposition or document, means anything onto which information recorded in the statement, deposition or document has been copied, by whatever means and whether directly or indirectly.

Subject to the provisions of this and any other Act relating to the summary trial of indictable offences, if a magistrates’ court inquiring into an offence as examining justices is of opinion, on consideration of the evidence and of any statement of the accused, that there is sufficient evidence to put the accused on trial by jury for any indictable offence, the court shall commit him for trial; and, if it is not of that opinion, it shall, if he is in custody for no other cause than the offence under inquiry, discharge him.

Where the court has committed a person to custody in accordance with paragraph (a) of subsection (3) above, then, if that person is in custody for no other cause, the court may, at any time before his first appearance before the Crown Court, grant him bail in accordance with the M5Bail Act 1976 subject to a duty to appear before the Crown Court for trial.

A notice displayed in pursuance of subsection (5) above shall not contain the name or address of any person under the age of 17 unless the justices in question have stated that in their opinion he would be mentioned in the notice apart from the preceding provisions of this subsection and should be mentioned in it for the purpose of avoiding injustice to him.

Except as provided by subsections (2), (3) and (8) below, it shall not be lawful to publish in Great Britain a written report, or to F16include in a relevant programme for receptionin Great Britain a report, of any committal proceedings in England and Wales containing any matter other than that permitted by subsection (4) below.

F17Subject to subsection (2A) belowa magistrates’ court shall, on an application for the purpose made with reference to any committal proceedings by the accused or one of the accused, as the case may be, order that subsection (1) above shall not apply to reports of those proceedings.

Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

An order under subsection (2) above shall not apply to reports of proceedings under subsection (2A) above, but any decision of the court to make or not to make such an order may be contained in reports published F19or included in a relevant programmebefore the time authorised by subsection (3) below.

Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney-General.

Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports and proceedings of magistrates’ and other courts.

For the purposes of this section committal proceedings shall, in relation to an information charging an indictable offence, be deemed to include any proceedings in the magistrates’ court before the court proceeds to inquire into the information as examining justices; but where a magistrates’ court which has begun to try an information summarily discontinues the summary trial in pursuance of section 25(2) or (6) below and proceeds to inquire into the information as examining justices, that circumstance shall not make it unlawful under this section for a report of any proceedings on the information which was published F26or included in a relevant programmebefore the court determined to proceed as aforesaid to have been so published F26or included in a relevant programme.

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In this section—

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• “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public.

• F30“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).

For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.

Subject to subsections (3) and (6), a ruling under section 8A has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them, is disposed of.

No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

Except as provided by this section no report of matters falling within subsection (2) may be published in England and Wales.

A magistrates' court dealing with any matter falling within subsection (2) may order that subsection (1) does not apply, or does not apply to a specified extent, to a report of the matter.

Subsection (1) does not apply to the publication of a report of matters after the case against the accused or, if more than one, against each of them, is disposed of.

In subsection (8), “relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred.

Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on the publication of a report of any matter.

In subsection (2), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

If the affairs of a body corporate are managed by its members, “director”in subsection (3) means a member of that body.

A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Attorney General.

On the summary trial of an information, the court shall, if the accused appears, state to him the substance of the information and ask him whether he pleads guilty or not guilty.

The court, after hearing the evidence and the parties, shall convict the accused or dismiss the information.

If the accused pleads guilty, the court may convict him without hearing evidence.

A magistrates’ court may at any time, whether before or after beginning to try an information, adjourn the trial, and may do so, notwithstanding anything in this Act, when composed of a single justice.

The court may when adjourning either fix the time and place at which the trial is to be resumed, or, unless it remands the accused, leave the time and place to be determined later by the court; but the trial shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.

A magistrates’ court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case, exercise its power to adjourn after convicting the accused and before sentencing him or otherwise dealing with him; but, if it does so, the adjournment shall not be for more than 4 weeks at a time unless the court remands the accused in custody and, where it so remands him, the adjournment shall not be for more than 3 weeks at a time.

Subject to the provisions of this Act, where at the time and place appointed for the trial or adjourned trial of an information the prosecutor appears but the accused does not, the court may proceed in his absence.

Where a summons has been issued, the court shall not begin to try the information in the absence of the accused unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial or the accused has appeared on a previous occasion to answer to the information.

A magistrates’ court shall not in a person’s absence sentence him to imprisonment or detention in a detention centre or make an order under section 23 of the M7Powers of Criminal Courts Act 1973 that a suspended sentence passed on him shall take effect.

A magistrates’ court shall not in a person’s absence impose any disqualification on him, except on resumption of the hearing after an adjournment under section 10(3) above; and where a trial is adjourned in pursuance of this subsection the notice required by section 10(2) above shall include notice of the reason for the adjournment.

If at any time before the hearing the clerk of the court receives an intimation in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification aforesaid, the clerk of the court shall inform the prosecutor thereof and the court shall deal with the information as if this section had not been passed.

Before accepting the plea of guilty and convicting the accused in his absence under subsection (2) above, the court shall cause the notification and statement of facts aforesaid, including any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence, to be read out before the court F34by the clerk of the court.

If the court proceeds under subsection (2) above to hear and dispose of the case in the absence of the accused, the court shall not permit any statement to be made by or on behalf of the prosecutor with respect to any facts relating to the offence charged other than the statement of facts aforesaid except on a resumption of the trial after an adjournment under section 10(3) above.

In relation to an adjournment by reason of the requirements of paragraph (b) of subsection (2) above or to an adjournment on the occasion of the accused’s conviction in his absence under that subsection, the notice required by section 10(2) above shall include notice of the reason for the adjournment.

Any such notice or statement as is mentioned in subsection (1) above may be served in Scotland with a summons which is so served under the M8Summary Jurisdiction (Process) Act 1881.

Where the clerk of the court has received such a notification as is mentioned in subsection (2) above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial the court may, if the accused consents, proceed under this section as if he were absent.

Where the clerk of the court has received such a notification as is mentioned in subsection (4) of section 12 above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial, the court may, if he consents, proceed under subsection (5) of that section as if he were absent.

Where the clerk of the court has not received such a notification and the accused appears before the court at that time and place and informs the court that he desires to plead guilty, the court may, if he consents, proceed under section 12(5) above as if he were absent and the clerk had received such a notification.

For the purposes of subsections (1) and (2) above, subsections (6) to (11) of section 12 above shall apply with the modifications mentioned in subsection (4) or, as the case may be, subsection (5) below.

Subject to the provisions of this section, where the court, instead of proceeding in the absence of the accused, adjourns or further adjourns the trial, the court may, if the information has been substantiated on oath, issue a warrant for his arrest.

Where a summons has been issued, the court shall not issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial or the accused has appeared on a previous occasion to answer to the information.

This section shall not apply to an adjournment by reason of the requirements of paragraph (b) of subsection (2) of section 12 above or to an adjournment on the occasion of the accused’s conviction in his absence under that subsection.

For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the clerk to the justices if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

If on the application of the accused it appears to a magistrates’ court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in subsection (1) above within the period allowed by that subsection, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.

Where any proceedings have become void by virtue of subsection (1) above, the information shall not be tried again by any of the same justices.

Where at the time and place appointed for the trial or adjourned trial of an information the accused appears or is brought before the court and the prosecutor does not appear, the court may dismiss the information or, if evidence has been received on a previous occasion, proceed in the absence of the prosecutor.

Where, instead of dismissing the information or proceeding in the absence of the prosecutor, the court adjourns the trial, it shall not remand the accused in custody unless he has been brought from custody or cannot be remanded on bail by reason of his failure to find sureties.

The offences listed in Schedule 1 to this Act shall be triable either way.

Subsection (1) above is without prejudice to any other enactment by virtue of which any offence is triable either way.

This section shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way.

Everything that the court is required to do under the following provisions of this section must be done with the accused present in court.

The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.

The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.

If the accused indicates that he would plead not guilty section 18(1) below shall apply.

If the accused in fact fails to indicate how he would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that he would plead not guilty.

If the representative in fact fails to indicate how the accused would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that the accused would plead not guilty.

Subsections (9) to (12) of section 22 below shall apply for the purposes of this section as they apply for the purposes of that section (reading the reference to subsection (1) in section 22(9) as a reference to subsection (1) of this section).

Subsection (2)(a) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).

The functions of a magistrates' court under sections 17A to 17D above may be discharged by a single justice.

Sections 19 to 23 below shall have effect where a person who has attained the age of 17 appears or is brought before a magistrates’ court on an information charging him with an offence triable either way.

Without prejudice to section 11(1) above, everything that the court is required to do under sections 19 to 22 below must be done before any evidence is called and, subject to subsection (3) below and section 23 below, with the accused present in court.

The court may proceed in the absence of the accused in accordance with such of the provisions of sections 19 to 22 below as are applicable in the circumstances if the court considers that by reason of his disorderly conduct before the court it is not practicable for the proceedings to be conducted in his presence; and the subsections (3) to (5) of section 23 below, so far as applicable, shall have effect in relation to proceedings conducted in the absence of the accused by virtue of this subsection (references in those subsections to the person representing the accused being for this purpose read as references to the person, if any, representing him).

The functions of a magistrates’ court under sections 19 to 23 below may be discharged by a single justice, but the foregoing provision shall not be taken to authorise the summary trial of an information by a magistrates’ court composed of less than two justices.

The court shall consider whether, having regard to the matters mentioned in subsection (3) below and any representations made by the prosecutor or the accused, the offence appears to the court more suitable for summary trail or for trial on indictment.

The matters to which the court is to have regard under subsection (1) above are the nature of the case; whether the circumstances make the offence one of serious character; whether the punishment which a magistrates’ court would have power to inflict for it would be adequate; and any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other.

If the prosecution is being carried on by the Attorney General, the Solicitor General or the Director of Public Prosecutions and he applies for the offence to be tried on indictment, the preceding provisions of this section and sections 20 to 21 below shall not apply, and the court shall proceed to inquire into the information as examining justices.

The power of the Director of Public Prosecutions under subsection (4) above to apply for an offence to be tried on indictment shall not be exercised except with the consent of the Attorney General.

If, where the court has considered as required by section 19(1) above, it appears to the court that the offence is more suitable for summary trial, the following provisions of this section shall apply (unless excluded by section 23 below).

Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.

Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000.

Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register.

In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000, and references to a non-custodial sentence shall be construed accordingly.

If the offence charged by the information is one of those mentioned in the first column of Schedule 2 to this Act (in this section referred to as “scheduled offences”) then, subject to subsection (7) below, the court shall, before proceeding in accordance with section l9 above, consider whether, having regard to any representations made by the prosecutor or the accused, the value involved (as defined in subsection (10) below) appears to the court to exceed the relevant sum.

For the purposes of this section the relevant sum is F45£2,000.

If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed as if the offence were triable only summarily, and sections l9 to 21 above shall not apply.

If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved exceeds that relevant sum, the court shall thereupon proceed in accordance with section 19 above in the ordinary way without further regard to the provisions of this section.

If, where subsection (1) above applies, it appears to the court for any reason not clear whether, for the offence charged, the value involved does or does not exceed the relevant sum, the provisions of subsections (5) and (6) below shall apply.

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Where a person is convicted by a magistrates’ court of a scheduled offence, it shall not be open to him to appeal to the Crown Court against the conviction on the ground that the convicting court’s decision as to the value involved was mistaken.

If, where subsection (1) above applies, the offence charged is one with which the accused is charged jointly with a person who has not attained the age of 17, the reference in that subsection to any representations made by the accused shall be read as including any representations made by the person under 17.

In this section “the value involved”, in relation to any scheduled offence, means the value indicated in the second column of Schedule 2 to this Act, measured as indicated in the third column of that Schedule; and in that Schedule “the material time” means the time of the alleged offence.

Subject to the following provisions of this section, the court may proceed in the absence of the accused in accordance with such of the provisions of sections 19 to 22 above as are applicable in the circumstances.

If, where the court has considered as required by section 19(1) above, it appears to the court that the offence is more suitable for trial on indictment, section 21 above shall not apply, and the court shall proceed to inquire into the information as examining justices and may adjourn the hearing without remanding the accused.

Where, in a case falling within subsection (1)(b) above, a magistrates’ court commits a person under the age of 17 for trial for an offence with which he is charged jointly with a person who has attained that age, the court may also commit him for trial for any other indictable offence with which he is charged at the same time (whether jointly with the person who has attained that age or not) if that other offence arises out of circumstances which are the same as or connected with those giving rise to the first-mentioned offence.

In relation to a person under the age of l4 subsection (3) above shall have effect as if for the words “£200” there were substituted the words “ F51£100”; but this subsection shall cease to have effect on the coming into force of section 4 of the M10Children and Young Persons Act 1969 (which prohibits criminal proceedings against children).

Where this section applies, the court shall, before proceeding to make any such determination as is referred to in subsection (1)(b) above (the “relevant determination”), follow the procedure set out in this section.

Everything that the court is required to do under the following provisions of this section must be done with the accused person in court.

The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.

The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.

If the accused indicates that he would plead not guilty, the court shall proceed to make the relevant determination and this section shall cease to apply.

If the accused in fact fails to indicate how he would plead, for the purposes of this section he shall be taken to indicate that he would plead not guilty.

If the representative in fact fails to indicate how the accused would plead, for the purposes of this section he shall be taken to indicate that the accused would plead not guilty.

A magistrates' court proceeding under section 24A or 24B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused.

Where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.

The functions of a magistrates' court under sections 24A to 24C above may be discharged by a single justice.

Subsections (2) to (4) below shall have effect where a person who has attained the age of 17 appears or is brought before a magistrates’ court on an information charging him with an offence triable either way.

Where the court has (otherwise than in pursuance of section 22(2) above) begun to try the information summarily, the court may, at any time before the conclusion of the evidence for the prosecution, discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.

Where the court has begun to inquire into the information as examining justices, then, if at any time during the inquiry it appears to the court, having regard to any representations made in the presence of the accused by the prosecutor, or made by the accused, and to the nature of the case, that the offence is after all more suitable for summary trial, the court may, after doing as provided in subsection (4) below, ask the accused whether he consents to be tried summarily and, if he so consents, may F53subject to subsection (3A) belowproceed to try the information summarily; F54

Where the prosecution is being carried on by the Attorney General or the Solicitor General, the court shall not exercise the power conferred by subsection (3) above without his consent and, where the prosecution is being carried on by the Director of Public Prosecutions, shall not exercise that power if the Attorney General directs that it should not be exercised.

If, in a case falling within subsection (5)(a) above, it appears to the court at any time before the conclusion of the evidence for the prosecution that the case is after all one which under the said section 24(1) ought not to be tried summarily, the court may discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.

If, in a case falling within subsection (5)(b) above, it appears to the court at any time during the inquiry that the case is after all one which under the said section 24(1) ought to be tried summarily, the court may proceed to try the information summarily.

The court may transfer the matter before or after beginning the trial or inquiry.

But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.

A person remitted to a juvenile court under subsection (2) above shall be brought before and tried by a juvenile court accordingly.

The preceding provisions of this secion shall apply in relation to a corporation as if it were an individual who has attained the age of 17.

If, on the trial by a magistrates’ court of an offence punishable on summary conviction with imprisonment, the court is satisfied that the accused did the act or made the omission charged but is of opinion that an inquiry ought to be made into his physical or mental condition before the method of dealing with him is determined, the court shall adjourn the case to enable a medical examination and report to be made and shall remand him; but the adjournment shall not be for more than 3 weeks at a time where the court remands him in custody nor for more than 4 weeks at a time where it remands him on bail.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Without prejudice to section 133 below, a magistrates’ court shall not have power to impose imprisonment F58or youth custodyfor more than 6 months in respect of any one offence.

Unless expressly excluded, subsection (1) above shall apply even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment F58or youth custodyfor more than 6 months.

Any power of a magistrates’ court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient distress to satisfy a fine, shall not be limited by virtue of subsection (1) above.

In subsection (3) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

For any offence triable either way which is not listed in Schedule 1 to this Act, being an offence under a relevant enactment, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the prescribed sum unless the offence is one for which by virtue of an enactment other than this subsection a larger fine may be imposed on summary conviction.

Where, by virtue of any relevant enactment, a person summarily convicted of an offence triable either way would, apart from this section, be liable to a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (2) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

Subsection (2) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

In subsection (5) above “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the M14Misuse of Drugs Act 1971.

In subsection (1) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

Where under any enactment whether passed before or after the commencement of this Act a magistrates’ court has power to sentence an offender to imprisonment for a period specified by the enactment, or to a fine of an amount specified by the enactment, then, except where an Act passed after 31st December 1879 expressly provides to the contrary, the court may sentence him to imprisonment for less than that period or, as the case may be, to a fine of less than that amount.

Where under any such enactment an offender sentenced on summary conviction to imprisonment or a fine is required to enter into a recognizance with or without sureties to keep the peace or observe any other condition, the court convicting him may dispense with or modify the requirement.

Where a person under 17 years of age is found guilty by a magistrates’ court of an offence for which, apart from this section, the court would have power to impose a fine of an amount exceeding F64£400, the amount of any fine imposed by the court shall not exceed F64£400.

In relation to a person under the age of 14 subsection (1) above shall have effect as if for the words “£200”, in both the places where they occur, there were substituted the words F65“£100”; but this subsection shall cease to have effect on the coming into force of section 4 of the M16Children and Young Persons Act 1969 (which prohibits criminal proceedings against children).

The committee of magistrates may at any time submit to the Secretary of State a draft order altering the name of any petty sessions area in the inner London area.

Where the committee submit a draft order to the Secretary of State under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit.

Any order under this section may contain transitional and other consequential provisions.

Where a person who is not less than 15 F68but under 17years old is convicted by a magistrates’ court of an offence punishable on conviction on indictment with a term of imprisonment exceeding six months, then, if the court is of opinion that he should be sentenced to a greater term of youth custody than it has power to impose, the court may commit him in custody or on bail to the Crown Court for sentence.

If the court has committed the offender to the Crown Court for trial for one or more related offences, that is to say, one or more offences which, in its opinion, are related to the offence, it may, in accordance with section 56 of the Criminal Justice Act 1967, commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with the provisions of section 42 of the Powers of Criminal Courts Act 1973.

Where those provisions of that section do not apply, the Crown Court shall have power to deal with the offender in respect of the offence in any manner in which the court might have dealt with him.

For the purposes of this section one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.

The offender, if remitted under this section, shall have no right of appeal against the order of remission.

Nothing in this section shall preclude the convicting court from making any order which it has power to make under section 28 of the M20Theft Act 1968 (orders for restitution) by virtue of the offender’s conviction of the instant offence.

Where the convicting court has remitted the offender under this section to the other court, the other court may remit him back to the convicting court; and the provisions of subsection (3) above (so far as applicable) shall apply with the necessary modifications in relation to any remission under this subsection.

The compensation to be paid under a compensation order made by a magistrates’ court in respect of any offence of which the court has convicted the offender shall not exceed F71£2,000; and the compensation or total compensation to be paid under a compensation order or compensation orders made by a magistrates’ court in respect of any offence or offences taken into consideration in determining sentence shall not exceed the difference (if any) between the amount or total amount which under the preceding provisions of this subsection is the maximum for the offence or offences of which the offender has been convicted and the amount or total amounts (if any) which are in fact ordered to be paid in respect of that offence or those offences.

In subsection (1) above “compensation order” has the meaning assigned to it by section 35(1) of the M21Powers of Criminal Courts Act 1973.

A justice of the peace shall not take part in trying the issue of an accused’s guilt on the summary trial of an information if in the course of the same proceedings the justice has been informed, for the purpose of determining whether the accused shall be granted bail, that he has one or more previous convictions.

For the purposes of this section any committal proceedings from which the proceedings on the summary trial arose shall be treated as part of the trial.

Where a person has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates’ court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time.

The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates’ court for the petty sessions area in which the police station named in the recognizance is situated.

A magistrates’ court shall have jurisdiction under subsection (1) whether or not the offence was committed, or the arrest was made, within the court’s area.

On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.

On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse.

In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.

A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried (whether or not he is charged as a principal) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him.

Any offence consisting in aiding, abetting, counselling or procuring the commission of an offence triable either way (other than an offence listed in Schedule 1 to this Act) shall by virtue of this subsection be triable either way.

Any offence consisting in the incitement to commit a summary offence shall be triable only summarily.

Subsection (1) above is without prejudice to any other enactment by virtue of which any offence is triable only summarily.

On conviction of an offence consisting in the incitement to commit a summary offence a person shall be liable to the same penalties as he would be liable to on conviction of the last-mentioned offence.

On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint.

The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint.

Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence.

A magistrates’ court may at any time, whether before or after beginning to hear a complaint, adjourn the hearing, and may do so, notwithstanding anything in this Act, when composed of a single justice.

The court may when adjourning either fix the time and place at which the hearing is to be resumed or, unless it remands the defendant under section 55 below, leave the time and place to be determined later by the court; but the hearing shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.

Where at the time and place appointed for the hearing or adjourned hearing of a complaint the complainant appears but the defendant does not, the court may, subject to subsection (3) below, proceed in his absence.

Where the court, instead of proceeding in the absence of the defendant, adjourns, or further adjourns, the hearing, the court may, if the complaint has been substantiated on oath, and subject to the following provisions of this section, issue a warrant for his arrest.

The court shall not begin to hear the complaint in the absence of the defendant or issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint.

Where the defendant fails to appear at an adjourned hearing, the court shall not issue a warrant under this section unless it is satisfied that he has had adequate notice of the time and place of the adjourned hearing.

Where the defendant is arrested under a warrant issued under this section, the court may, on any subsequent adjournment of the hearing, but subject to the provisions of subsection (6) below, remand him.

The court shall not issue a warrant or remand a defendant under this section or further remand him by virtue of section 128(3) below after he has given evidence in the proceedings.

Where the court remands the defendant, the time fixed for the resumption of the hearing shall be that at which he is required to appear or be brought before the court in pursuance of the remand.

A warrant under this section shall not be issued in any proceedings for the recovery or enforcement of a sum recoverable summarily as a civil debt or in proceedings in any matter of bastardy.

A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.

But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

This section does not apply to family proceedings.

The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.

A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt.

Where a magistrates’ court orders money to be paid periodically by one person to another, the court may order that the payment shall be made to the clerk of the court or the clerk of any other magistrates’ court.

Where the order is F78, an order under F79the Guardianship of Minors Acts 1971 and 1973F79(or having effect as if made under) Schedule 1 to the Children Act 1989or an order under Part I of the M24Domestic Proceedings and Magistrates’ Courts Act 1978, the court shall, unless upon representations expressly made in that behalf by the applicant for the order it is satisfied that it is undesirable to do so, exercise its power under subsection (1) above.

Where periodical payments under an order of any court are required to be paid to or through the clerk of a magistrates’ court and any sums payable under the order are in arrear, the clerk shall, if the person for whose benefit the payment should have been made so requests in writing, and unless it appears to the clerk that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums; but the said person shall have the same liability for all the costs properly incurred in or about the proceedings as if the proceedings had been taken by him.

Nothing in this section shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.

Where payments under a relevant UK order are required to be made periodically to or through the clerk of a magistrates’ court, the person for whose benefit the payments are required to be made may, at any time during the period in which the payments are required to be so made, give authority in writing to the clerk of the relevant court for the clerk to proceed as mentioned in subsection (3) below.

Where authority under subsection (2) above is given to the clerk of the relevant court, the clerk shall, unless it appears to him that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of any sums payable to or through him under the order in question which, on or after the date of the giving of the authority, fall into arrear.

The person for whose benefit the payments are required to be made shall have the same liability for all the costs properly incurred in or about proceedings taken under subsection (1) above at his request or under subsection (3) above by virtue of his authority (including any costs incurred as a result of any proceedings commenced not being continued) as if the proceedings had been taken by him.

Nothing in subsection (1) or (3) above shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.

If the relevant justice is satisfied that the nature of the alleged failure to comply may be such as to justify the relevant court in exercising its power under subsection (3) below, he shall issue a summons directed to the debtor requiring him to appear before the relevant court to answer the complaint.

On the hearing of the complaint, the relevant court may order the debtor to pay a sum not exceeding £1000.

Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.

Where a child has a right under any enactment to apply for the revival of an order made by a magistrates’ court which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order.

Where any person by whom periodical payments are required to be paid to a child under an order made by or registered in a magistrates’ court makes a complaint for the variation or revocation of that order, the person with whom the child has his home may answer the complaint in his own name.

Nothing in subsections (1) and (2) above shall affect any right of a child to proceed in his own name for the variation, revival or revocation of an order or for the recovery of any sum payable thereunder.

In this section references to the person with whom a child has his home shall be construed in accordance with Part IV of the M32Children Act 1975, except that, in the case of any child in the care of a local authority, the local authority shall be treated for the purposes of this section as the person with whom the child has his home.

In this section any reference to an order registered in a magistrates’ court is a reference to an order registered in a magistrates’ court under Part II of the M33Maintenance Orders Act 1950 or Part I of the M34Maintenance Orders Act 1958.

In this section “child” means a person who has not attained the age of 18.

Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit.

The court may by order made on complaint suspend or rescind any such order as aforesaid.

Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.

The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment.

The amount of any sum ordered to be paid under subsection (1) above shall be specified in the order, or order of dismissal, as the case may be.

Subject to subsection (4) below, costs ordered to be paid under this section shall be enforceable as a civil debt.

Any costs awarded on a complaint for a maintenance order, or for the enforcement, variation, revocation, discharge or revival of such an order, against the person liable to make payments under the order shall be enforceable as a sum ordered to be paid by a magistrates’ court maintenance order.

The preceding provisions of this section shall have effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs.

No appeal shall lie from the making of, or refusal to make, an order under subsection (2) above.

Subject to the provisions of this section, a magistrates’ court when hearing domestic proceedings shall be composed of not more than 3 justices of the peace, including, so far as practicable, both a man and a woman.

Where in pursuance of subsection (2) above a magistrates’ court includes lay justices it shall, so far as practicable, include both a man and a woman.

In the preceeding provisions of this section “lay justices” means justices of the peace for the inner London area who are not metropolitan stipendiary magistrates.

In this section “inner London petty sessions area” means the City of London or any petty sessional division of the inner London area.

Magistrates’ courts constituted in accordance with the provisions of this section and sitting for the purpose of hearing F97domestic proceedingsF97family proceedingsshall be known as F98domestic courtsF98family proceedings courts.

A justice shall not be qualified to sit as a member of a F99domestic courtF99family proceedings courtunless he is a member of a F100domestic court panelF100family panel, that is to say a panel of justices specially appointed to deal with F97domestic proceedingsF97family proceedings.

Any provision made by rules by virtue of subsection (3) above for the formation of F101domestic court panelsF101family panelsshall include provision for the formation of at least one F100domestic court panelF100family panelfor each commission area, but provision shall not be made by the rules for the formation of more than one F100domestic court panelF100family panelfor any petty sessions area.

Rules made by virtue of subsection (3) above may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules and may, in particular, provide for the appointment of F101domestic court panelsF101family panelsby him and for the removal from a F100domestic court panelF100family panelof any justice who, in his opinion, is unsuitable to serve on a F99domestic courtF99family proceedings court.

Rules made by virtue of subsection (3) above may make different provision in relation to different areas for which F101domestic court panelsF101family panelsare formed; and in the application of this section to the counties of Greater Manchester, Merseyside and Lancashire for any reference in subsection (5) above to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy of Lancaster.

A stipendiary magistrate who is a member of a F100domestic court panelF100family panelmay, notwithstanding anything in section 66(1) above, hear and determine F97domestic proceedingsF97family proceedingswhen sitting alone.

Nothing in this section shall require the formation of a F100domestic court panelF100family panelfor the City of London.

Where the Secretary of State proposes to make an order under subsection (2) above, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to any F102domestic court panelF102family panelwhich is concerned.

Where a copy of the proposed order is required to be sent under subsection (3) above to any committee or panel, the Secretary of State shall, before making an order, consider any representations made to him by the committee or panel within one month from the time the copy of the proposed order was sent.

An order of the Secretary of State under subsection (2) above shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

Any order made under subsection (2) above may contain supplementary, incidental and consequential provisions.

In the application of this section to the inner London area any reference to the magistrates’ courts committee shall be treated as a reference to the committee of magistrates.

The business of magistrates’ courts shall, so far as is consistent with the due dispatch of business, be arranged in such manner as may be requisite for separating the hearing and determination of F104domestic proceedingsF104family proceedingsfrom other business.

In relation to any F104domestic proceedingsF104family proceedingsunder the M51Adoption Act 1976, subsection (2) above shall apply with the omission of paragraphs (c) and (d).

When hearing F104domestic proceedingsF104family proceedings, a magistrates’ court may, if it thinks it necessary in the interest of the administration of justice or of public decency, direct that any persons, not being officers of the court or parties to the case, the parties’ F106legal representatives, or other persons directly concerned in the case, be excluded during the taking of any indecent evidence.

The powers conferred on a magistrates’ court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.

Nothing in this section shall affect the exercise by a magistrates’ court of the power to direct that witnesses shall be excluded until they are called for examination.

Until the coming into operation of the M52Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M53Adoption Act 1958, the M54Adoption Act 1960 and Part I of the M55Children Act 1975.

A relevant court for an inner London petty sessions area shall, in addition to hearing proceedings which (apart from subsection (2) below) may be heard by a relevant court for that area, have jurisdiction to hear proceedings which could be heard before a relevant court for any other such area, but shall not exercise the jurisdiction conferred by this subsection except in such cases or classes of case as may be determined by the committee of magistrates.

A magistrates’ court for an inner London petty sessions area shall not hear any F107domestic proceedingsF107family proceedingsif the committee of magistrates’ so determine.

Any person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding F111level 4 on the standard scale.

No prosecution for an offence under this section shall be begun without the consent of the Attorney General.

Nothing in this section shall prohibit the printing or publishing of any matter in a newspaper or periodical of a technical character bona fide intended for circulation among members of the legal or medical professions.

Until the coming into operation of the M57Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M58Adoption Act 1958, the M59Adoption Act 1960 and Part I of the M60Children Act 1975.

Where in any F112domestic proceedingsF112family proceedingsin which an order may be made for the payment of money by any person, or in any proceedings for the enforcement or variation of any such order, a magistrates’ court has requested a probation officer to investigate the means of the parties to the proceedings, the court may direct the probation officer to report the result of his investigation to the court in accordance with the provisions of this section; but in the case of any such F112domestic proceedingsF112family proceedingsno direction to report to the court shall be given to a probation officer under this subsection until the court has determined all issues arising in the proceedings other than the amount to be directed to be paid by such an order.

The court may and, if requested to do so at the hearing by a party to the proceedings or his F113legal representativeshall, require the probation officer to give evidence about his investigation, and if the officer gives such evidence, any party to the proceedings may give or call evidence with respect to any matter referred to either in the statement or in the evidence given by the officer.

Any statement made by a probation officer in a statement furnished or made by him under subsection (2) above, or any evidence which he is required to give under subsection (4) above, may be received by the court as evidence, notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility of evidence.

The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to make provision for the recording by a magistrates’ court, in such manner as may be prescribed by the rules, of reasons for a decision made in such F115domestic proceedingsF115family proceedingsor class of F115domestic proceedingsF115family proceedingsas may be so prescribed, and for making available a copy of any record made in accordance with those rules of the reasons for a decision of a magistrates’ court to any person who requests a copy thereof for the purposes of an appeal against that decision or for the purpose of deciding whether or not to appeal against that decision.

A copy of any record made by virtue of this section of the reasons for a decision of a magistrates’ court shall, if certified by such officer of the court as may be prescribed, be admissible as evidence of those reasons.

A magistrates’ court by whose conviction or order a sum is adjudged to be paid may, instead of requiring immediate payment, allow time for payment, or order payment by instalments.

Where a magistrates’ court has allowed time for payment, the court may, on application by or on behalf of the person liable to make the payment, allow further time or order payment by instalments.

Where a court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.

Subject to the following provisions of this Part of this Act, and to section 132 below F116, where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of distress for the purpose of levying the sum or issue a warrant committing the defaulter to prison.

The period for which a person may be committed to prison under such a warrant as aforesaid shall not, subject to the provisions of any enactment passed after 31st December 1879, exceed the period applicable to the case under Schedule 4 to this Act.

Where a magistrates’ court has power to issue a warrant of distress under this Part of this Act, it may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

Where a magistrates’ court has power to issue a warrant of commitment under this Part of this Act, it may, if it thinks it expedient to do so, fix a term of imprisonment F117or detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default)and postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting for the petty sessions area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.

Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.

If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.

A warrant of distress issued for the purpose of levying a sum adjudged to be paid by the conviction or order of a magistrates’ court shall not, if it states that the sum has been so adjudged to be paid, be held void by reason of any defect in the warrant.

A person acting under a warrant of distress shall not be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the warrant.

Nothing in this section shall prejudice the claim of any person for special damages in respect of any loss caused by a defect in the warrant or irregularity in its execution.

If any person removes any goods marked in accordance with the rules as articles impounded in the execution of a warrant of distress, or defaces or removes any such mark, he shall be liable on summary conviction to a fine not exceeding F119level 1 on the standard scale.

If any person charged with the execution of a warrant of distress wilfully retains from the proceeds of a sale of the goods on which distress is levied, or otherwise exacts, any greater costs and charges than those properly payable, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding F119level 1 on the standard scale.

Where imprisonment or other detention has been imposed on any person by the order of a magistrates’ court in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient distress to satisfy such a sum, then, on the payment of the sum, together with the costs and charges, if any, of the commitment and distress, the order shall cease to have effect; and if the person has been committed to custody he shall be released unless he is in custody for some other cause.

Where, after a period of imprisonment or other detention has been imposed on any person in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient distress to satisfy such a sum, payment is made in accordance with the rules of part of the sum, the period of detention shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid bears to so much of the said sum, and the costs and charges of any distress levied to satisfy that sum, as was due at the time the period of detention was imposed.

In calculating the reduction required under subsection (2) above any fraction of a day shall be left out of account.

Where a magistrates’ court has adjudged a person to pay a sum by a conviction or has ordered the enforcement of a sum due from a person under F120a magistrates’ court maintenance order, the court may order him to be searched.

Any money found on the arrest of a person adjudged to pay such a sum as aforesaid, or on a search as aforesaid, or on his being taken to a prison or other place of detention in default of payment of such a sum or for want of sufficient distress to satisfy such a sum, may, unless the court otherwise directs, be applied towards payment of the said sum; and the balance, if any, shall be returned to him.

A magistrates’ court shall not allow the application as aforesaid of any money found on a person if it is satisfied that the money does not belong to him or that the loss of the money would be more injurious to his family than would be his detention.

An order under subsection (1) above shall not be made by a magistrates’ court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.

An order under subsection (1) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.

A parent or guardian may appeal to the Crown Court against an order under subsection (1) above made in pursuance of paragraph (b) of that subsection.

Any sum ordered under subsection (1)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.

A magistrates’ court shall not in advance of the issue of a warrant of commitment fix a term of imprisonment which is to be served by an offender in the event of a default in paying a sum adjudged to be paid by a conviction, except where it has power to issue a warrant of commitment forthwith, but postpones issuing the warrant under section 77(2) above.

A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the clerk of the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.

Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.

Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.

A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person.

Where a magistrates’ court issues a warrant of commitment on the ground that one of the conditions mentioned in subsection (1) or (4) above is satisfied, it shall state that fact, specifying the ground, in the warrant.

On the failure of the offender to appear before the court in answer to a summons under this section the court may issue a warrant to arrest him and bring him before the court.

A warrant issued under this section may be executed in like manner, and the like proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 above.

Notwithstanding anything in section 125 below, a warrant under this section shall cease to have effect when the sum in respect of which the warrant is issued is paid to the police officer holding the warrant.

A magistrates’ court may, either before or on inquiring into a person’s means under section 82 above, and a justice of the peace acting for the same petty sessions area as that court may before any such inquiry, order him to furnish to the court within a period specified in the order such a statement of his means as the court may require.

A person who fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding F128level 3 on the standard scale.

If a person in furnishing any statement in pursuance of an order under subsection (1) above makes a statement which he knows to be false in a material particular or recklessly furnishes a statement which is false in a material particular, or knowingly fails to disclose any material fact, he shall be liable on summary conviction to imprisonment for a term not exceeding 4 months or a fine not exceeding F128level 3 on the standard scaleor both.

Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section 127(1) below, be commenced at any time within 2 years from the date of the commission of the offence or within 6 months from its first discovery by the prosecutor, whichever period expires the earlier.

Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.

In calculating the reduction in a term of imprisonment required by subsection (2) above any fraction of a day shall be left out of account.

Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.

Where the power which the court has exercised is the power to allow time for payment of a sum (“the adjudged sum”), the relevant condition is satisfied if any part of that sum remains unpaid on the day fixed by the court.

Where the power which the court has exercised is the power to order payment by instalments, the relevant condition is satisfied if an instalment which has fallen due remains unpaid on the day fixed by the court.

Except as provided in subsection (3) below, the power to fix a day under this section shall be exercisable only in the presence of the offender.

Where under subsection (3) above a later day has in the absence of the offender been fixed in substitution for a day previously fixed under this section, the court shall not issue a warrant under this section unless it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that notice in writing of the substituted day was served on the offender not less than what appears to the court to be a reasonable time before that day.

Subject to the provisions of subsection (2) below, payment of a sum adjudged to be paid by a conviction of a magistrates’ court may be enforced by the High Court or a county court (otherwise than by issue of a writ of fieri facias or other process against goods or by imprisonment or attachment of earnings) as if the sum were due to the clerk of the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.

Subsection (1) above shall not be construed as authorising the enforcement by a county court of payment of a fine exceeding the F133county court limit.

In subsection (2) above “the county court limit”means the amount which for the time being is the county court limit for the purposes of section 16 of the County Courts Act 1984 (money recoverable by statute).

The clerk of the magistrates’ court shall not take proceedings by virtue of subsection (1) above to recover any sum adjudged to be paid by a conviction of the court from any person unless authorised to do so by the court after an inquiry under section 82 above into that person’s means.

Any expenses incurred by the clerk of a magistrates’ court in recovering any such sum shall be treated for the purposes of Part VI of the Justices of the M64Peace Act 1979 as expenses of the magistrates’ courts committee.

Any expenses incurred under subsection (1) above by the clerk of a magistrates’ court shall be treated for the purposes of Part VI of the M66Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee.

Where any person is adjudged to pay a sum by a summary conviction and the convicting court does not commit him to prison forthwith in default of payment, the court may, either on the occasion of the conviction or on a subsequent occasion, order him to be placed under the supervision of such person as the court may from time to time appoint.

An order placing a person under supervision in respect of any sum shall remain in force so long as he remains liable to pay the sum or any part of it unless the order ceases to have effect or is discharged under subsection (3) below.

An order under this section shall cease to have effect on the making of a transfer of fine order under section 89 below with respect to the sum adjudged to be paid and may be discharged by the court that made it, without prejudice in either case to the making of a new order.

Where a person under 21 years old has been adjudged to pay a sum by a summary conviction and the convicting court does not commit him to F136detention under section 9 of the Criminal Justice Act 1982forthwith in default of payment, the court shall not commit him to F137to such detentionin default of payment of the sum, or for want of sufficient distress to satisfy the sum, unless he has been placed under supervision in respect of the sum or the court is satisfied that it is undesirable or impracticable to place him under supervision.

Where a court, being satisfied as aforesaid, commits a person under 21 years old to F138such detentionwithout an order under this section having been made, the court shall state the grounds on which it is so satisfied in the warrant of commitment.

Where an order placing a person under supervision with respect to a sum is in force, a magistrates’ court shall not commit him to prison in default of payment of the sum, or for want of sufficient distress to satisfy the sum, unless the court has before committing him taken such steps as may be reasonably practicable to obtain from the person appointed for his supervision an oral or written report on the offender’s conduct and means and has considered any report so obtained, in addition, in a case where an inquiry is required by section 82 above, to that inquiry.

Where a magistrates’ court has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum and it appears to the court that the person is residing in any petty sessions area other than that for which the court acted, the court may make a transfer of fine order, that is to say, an order making payments enforceable in the petty sessions area in which it appears to the court that he is residing; and that area shall be specified in the order.

As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order, or the clerk of that court, shall be exercisable by a court acting for the petty sessions area specified in the order, or the clerk of that court, as the case may be, and not otherwise.

Where it appears to a court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order that the person liable to pay the sum is residing in a petty sessions area other than that for which the court is acting, the court may make a further transfer of fine order with respect to that sum.

In this section and sections 90 and 91 below, references to this Part of this Act do not include references to section 81(1) above.

Where an order is made under this section with respect to any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable.

Where a transfer of fine order under section 403 of the M67Criminal Procedure (Scotland) Act 1975 or F139Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981provides that payment of a sum shall be enforceable in a specified petty sessions area in England and Wales, a magistrates’ court acting for that area, and the clerk of that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act in respect of the sum (including power to make an order under section 89 or section 90 above) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1975 or, as the case may be, F140the said Order of 1981in respect of the sum before the making of the transfer of fine order had been made by that court.

For the purpose of determing the period of imprisonment which may be imposed under this Act in default of payment of a fine originally imposed by a court in Scotland, Schedule 4 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407 of the M68Criminal Procedure (Scotland) Act 1975.

Where a transfer of fine order under section 403 of the M69Criminal Procedure (Scotland) Act 1975 or F141Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981provides for the enforcement in a petty sessions area in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court acting for that area shall have all the like functions under this Part of this Act, exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of section 32(1) of the M70Powers of Criminal Courts Act 1973, and as if any order made under the said Act of 1975 or, as the case may be, F142the said Order of 1981in respect of the fine before the making of the transfer of fine order had been made by that court.

This section does not affect the power of a magistrates’ court to issue such a warrant as aforesaid in the case of default in paying a sum adjudged to be paid by a conviction, or treated (by any enactment relating to the collection or enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

Where default is made in paying a sum ordered to be paid by F145a magistrates’ court maintenance order, the court shall not enforce payment of the sum under section 76 above except by an order made on complaint.

A complaint under this section shall be made not earlier than the fifteenth day after the making of the order for the enforcement of which it is made; but subject to this such a complaint may be made at any time notwithstanding anything in this or any other Act.

In relation to complaints under this section, section 55 above shall not apply and section 56 above shall have effect as if the words “if evidence has been received on a previous occasion” were omitted.

Where at the time and place appointed for the hearing or adjourned hearing of a complaint under this section the complainant appears but the defendant does not, the court may proceed in his absence; but the court shall not begin to hear the complaint in the absence of the defendant unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer the complaint.

If a complaint under this section is substantiated on oath, any justice of the peace acting for the same petty sessions area as a court having jurisdiction to hear the complaint may issue a warrant for the defendant’s arrest, whether or not a summons has been previously issued.

Notwithstanding anything in section 76(3) above, the period for which a defendant may be committed to prison under a warrant of commitment issued in pursuance of a complaint under this section shall not exceed 6 weeks.

The imprisonment or other detention of a defendant under a warrant of commitment issued as aforesaid shall not operate to discharge the defendant from his liability to pay the sum in respect of which the warrant was issued.

The Secretary of State may by order provide that a magistrates’ court, on the hearing of a complaint for the enforcement, revocation, revival, variation or discharge of an English maintenance order, may order that interest of an amount calculated at the prescribed rate shall be paid on so much of the sum due under the order as they may determine.

In subsection (1) above “the prescribed rate” means such rate of interest as the Secretary of State may by order prescribe.

An order under this section may make provision for the manner in which and the periods by reference to which interest is to be calculated.

The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument made with the concurrence of the Treasury and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A magistrates’ court shall not commit any person to prison or other detention in default of payment of a sum enforceable as a civil debt or for want of sufficient distress to satisfy such a sum except by an order made on complaint and on proof to the satisfaction of the court that that person has, or has had since the date on which the sum was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected to pay it.

A complaint under this section may be made at any time notwithstanding anything in this or any other Act.

Where on any such complaint the defendant is committed to custody, such costs incurred by the complainant in proceedings for the enforcement of the sum as the court may direct shall be included in the sum on payment of which the defendant may be released from custody.

Where a justice of the peace for any county, any London commission area or the City of London is satisfied that any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at any inquiry into an indictable offence by a magistrates’ court for that county, that London commission area or the City (as the case may be) or at the summary trial of an information or hearing of a complaint by such a court and that that person will not voluntarily attend as a witness or will not voluntarily produce the document or thing, the justice shall issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing.

If a justice of the peace is satisfied by evidence on oath of the matters mentioned in subsection (1) above, and also that it is probable that a summons under that subsection would not procure the attendance of the person in question, the justice may instead of issuing a summons issue a warrant to arrest that person and bring him before such a court as aforesaid at a time and place specified in the warrant; but a warrant shall not be issued under this subsection where the attendance is required for the hearing of a complaint.

A summons may also be issued under subsection (1) above if the justice is satisfied that the person in question is outside the British Islands but no warrant shall be issued under subsection (2) above unless the justice is satisfied by evidence on oath that the person in question is in England or Wales.

If any person attending or brought before a magistrates’ court refuses without just excuse to be sworn or give evidence, or to produce any document or thing, the court may commit him to custody until the expiration of such period not exceeding F151one monthas may be specified in the warrant or until he sooner gives evidence or produces the document or thing F152or impose on him a fine not exceeding F153£1,000or both.

In such a case the justice shall issue a summons directed to that person requiring him to attend before a justice at the time and place appointed in the summons to have his evidence taken as a deposition or to produce the document or other exhibit.

If a justice of the peace is satisfied by evidence on oath of the matters mentioned in subsection (1) above, and also that it is probable that a summons under subsection (2) above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the person concerned and bring him before a justice at the time and place specified in the warrant.

A summons may also be issued under subsection (2) above if the justice is satisfied that the person concerned is outside the British Islands, but no warrant may be issued under subsection (3) above unless the justice is satisfied by evidence on oath that the person concerned is in England or Wales.

A fine imposed under subsection (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

If in pursuance of this section a person has his evidence taken as a deposition, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor.

If in pursuance of this section a person produces an exhibit which is a document, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor.

If in pursuance of this section a person produces an exhibit which is not a document, the clerk of the justice concerned shall as soon as is reasonably practicable inform the prosecutor of the fact and of the nature of the exhibit.

In committal proceedings a written statement by any person shall, if the conditions mentioned in subsection (2) below are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

Notwithstanding that a written statement made by any person may be admissible in committal proceedings by virtue of this section, the court before which the proceedings are held may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

So much of any statement as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) above or the court otherwise directs, be read aloud at the hearing, and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

Subsection (3) of section 13 of the M73Criminal Justice Act 1925 (reading of deposition as evidence at the trial) shall apply to any written statement tendered in evidence in committal proceedings under this section as it applies to a deposition taken in such proceedings, but in its application to any such statement that subsection shall have effect as if paragraph (b) thereof were omitted.

In section 2(2) of the M74Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for preferring bills of indictment) the reference in proviso (i) to facts disclosed in any deposition taken before a justice in the presence of the accused shall be construed as including a reference to facts disclosed in any such written statement as aforesaid F156and section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) shall be given a corresponding construction.

Section 28 above shall not apply to any such statement as aforesaid.

A person whose written statement is tendered in evidence in committal proceedings under this section shall be treated for the purposes of section 1 of the M75Criminal Procedure (Attendance of Witnesses) Act 1965 (witness orders) as a witness who has been examined by the court.

Section 28 above shall not apply to any statement admitted in pursuance of subsection (1) above.

In this section “child”means a person under the age of 14.

A deposition taken under this section may be given in evidence before examining justices inquiring into an information against the offender or in respect of the offence to which the deposition relates, but subject to the same conditions as apply, under section 6 of the M82Criminal Law Amendment Act 1867, to its being given in evidence upon the trial of the offender or offence.

If any person in a written statement tendered in evidence in criminal proceedings by virtue of section 102 above wilfully makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.

The M83Perjury Act 1911 shall have effect as if this section were contained in that Act.

Section 13 of the Powers of Criminal Courts Act M841973 (under which a conviction of an offence for which a probation order or an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.

A person sentenced by a magistrates’ court for an offence in respect of which a probation order or an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.

In this section “appeal” means an appeal from a magistrates’ court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates’ court to have been given in accordance with Crown Court rules.

Any person who was a party to any proceeding before a magistrates’ court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved; but a person shall not make an application under this section in respect of a decision against which he has a right of appeal to the High Court or which by virtue of any enactment passed after 31st December 1879 is final.

An application under subsection (1) above shall be made within 21 days after the day on which the decision of the magistrates’ court was given.

For the purpose of subsection (2) above, the day on which the decision of the magistrates’ court is given shall, where the court has adjourned the trial of an information after conviction, be the day on which the court sentences or otherwise deals with the offender.

On the making of an application under this section in respect of a decision any right of the applicant to appeal against the decision to the Crown Court shall cease.

If the justices are of opinion that an application under this section is frivolous, they may refuse to state a case, and, if the applicant so requires, shall give him a certificate stating that the application has been refused; but the justices shall not refuse to state a case if the application is made by or under the direction of the Attorney General.

Where justices refuse to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the justices to state a case.

This section applies in relation to family proceedings in a magistrates' court.

Any person who was a party to any proceeding before the court, or is aggrieved by the order, determination or other proceeding of the court, may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by appealing to a county court.

A notice of appeal under subsection (2) shall be filed within 21 days after the day on which the decision of the magistrates' court was given.

Where a person has given notice of appeal to the Crown Court against the decision of a magistrates’ court or has applied to a magistrates’ court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates’ court may grant him bail.

Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 or 38 above.

Section 37(6) of the M86Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates’ court under this section pending the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the M87Criminal Justice Act 1967.

The power of a magistrates’ court on the complaint of any person to adjudge any other person to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour towards the complainant shall be exercised by order on complaint.

Where a complaint is made under this section, the power of the court to remand the defendant under subsection (5) of section 55 above shall not be subject to the restrictions imposed by subsection (6) of that section.

If any person ordered by a magistrates’ court under subsection (1) above to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order.

On complaint being made to a justice of the peace for any area to which this section applies by a surety to a recognizance to keep the peace or to be of good behaviour entered into before a magistrates’ court that the person bound by the recognizance as principal has been, or is about to be, guilty of conduct constituting a breach of the conditions of the recognizance, the justice may, if the complaint alleges that the principal is, or is believed to be, in that area, or if the recognizance was entered into before a magistrates’ court for that area, issue a warrant to arrest the principal and bring him before a magistrates’ court for that area or a summons requiring the principal to appear before such a court; but the justice shall not issue a warrant unless the complaint is in writing and substantiated on oath.

The magistrates’ court before which the principal appears or is brought in pursuance of such a summons or warrant as aforesaid may, unless it adjudges the recognizance to be forfeited, order the recognizance to be discharged and order the principal to enter into a new recognizance, with or without sureties, to keep the peace or to be of good behaviour.

The areas to which this section applies are any county, any London commission area and the City of London.

A justice of the peace on issuing a warrant for the arrest of any person may grant him bail by endorsing the warrant for bail, that is to say, by endorsing the warrant with a direction in accordance with subsection (2) below.