Part I U.K. Criminal Jurisdiction and Procedure

Jurisdiction to issue process and deal with charges E+W

Prospective

[F1 3B Transfer of trials of summary offences. E+W

(1) 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.

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

(3) The Lord Chancellor may make regulations specifying—

(a) matters which a court must consider in deciding whether to grant or refuse an application under this section; and

(b) circumstances in which a court must grant or refuse such an application.

(4) 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.]

Textual Amendments

F1 S. 3B inserted (prosp.) by 1999 c. 22, ss. 80(1), 108(1) (with Sch. 14 para. 7(2))