Magistrates’ Courts Act 1980

Valid from 01/04/2005

[F1 8B Effect of rulings at pre-trial hearing E+W

(1) 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.

(2) The case against an accused is disposed of if—

(a) he is acquitted or convicted,

(b) the prosecutor decides not to proceed with the case against him, or

(c) the information is dismissed.

(3) A magistrates' court may discharge or vary (or further vary) a ruling under section 8A if—

(a) the condition in section 8A(5) is met,

(b) the court has given the parties an opportunity to be heard, and

(c) it appears to the court that it is in the interests of justice to do so.

(4) The court may act under subsection (3)—

(a) on an application by a party to the case, or

(b) of its own motion.

(5) 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.

(6) A ruling under section 8A is discharged in relation to an accused if—

(a) the magistrates' court commits or sends him to the Crown Court for trial for the offence charged in the information, or

(b) a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988.]

Textual Amendments

F1 Ss. 8A-8D and cross-heading inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 45, 110, Sch. 3; S.I. 2005/910, art. 3(p)