Magistrates’ Courts Act 1980

[F116DSections 16B and 16C: further provisionE+W

(1)If a summons is issued under section 16B(3)(b) or 16C(3)(b), a reference in sections 11 to 13 to a summons issued under section 1 is to be read, for the purposes of subsequent proceedings as regards the matter, as if it included a reference to a summons issued under section 16B(3)(b) or 16C(3)(b) (as the case may be).

(2)If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a justice of the peace may issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the purpose specified in the earlier summons; and subsection (1) applies in relation to a summons under this section as it applies in relation to a summons under section 16B(3)(b) or 16C(3)(b).

(3)Where a summons has been issued under section 16B(3)(b) or 16C(3)(b), a magistrates' court that afterwards tries the written charge or deals with the accused for the offence must be—

(a)composed as described in section 121(1), or

(b)composed of a District Judge (Magistrates' Courts) sitting alone by virtue of section 26 of the Courts Act 2003.

(4)Where—

(a)the accused is convicted of an offence before a matter is adjourned under section 16C(3)(a), and

(b)the matter is tried after the adjournment by another magistrates' court,

that other magistrates' court is to be treated as if it were the court that convicted the accused for the purposes of section 142(2).]

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