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Magistrates’ Courts Act 1980, Section 16B is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If a magistrates' court decides, before the accused is convicted of the offence, that it is not appropriate to convict the accused in proceedings conducted in accordance with section 16A, the court may not try or continue to try the charge in that way.
(2)A magistrates' court may not try a written charge in accordance with section 16A if, at any time before the trial, the accused or the accused's legal representative on the accused's behalf gives notice to the designated officer specified in the single justice procedure notice that the accused does not desire to be tried in accordance with section 16A.
(3)If a magistrates' court may not try or continue to try a written charge in accordance with section 16A because the conditions in section 16A(1) are not satisfied or because of subsection (1) or (2), the magistrates' court dealing with the matter must—
(a)adjourn the trial, if it has begun, and
(b)issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the trial of the written charge.
(4)A magistrates' court issuing a summons under subsection (3)(b) may be composed of a single justice.]
Textual Amendments
F1Ss. 16A-16F and cross-heading inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 48(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 39
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