(1)Without prejudice to the provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions, or further directions, altering the place of any trial on indictment, whether by varying the decision of a magistrates’ court under section 7 of the M1Magistrates’ Courts Act 1980 or [F1by substituting some other place for the place specified in a notice under [F2a relevant transfer provision] (notices of transfer from magistrates’ court to Crown Court) or by varying] a previous decision of the Crown Court.
(2)Directions under subsection (1) may be given on behalf of the Crown Court by an officer of the court.
[F3(2A)Where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987, directions altering the place of trial may be given under subsection (1) at any time before the jury are sworn.]
(3)The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court, [F4as specified in a notice under [F5a relevant transfer provision] or as fixed] by the Crown Court, may apply to the Crown Court for a direction, or further direction, varying the place of trial; and the court shall take the matter into consideration and may comply with or refuse the application, or give a direction not in compliance with the application, as the court thinks fit.
(4)An application under subsection (3) shall be heard in open court by a judge of the High Court.
[F6(5)In this section “relevant transfer provision” means—
(a)section 4 of the Criminal Justice Act 1987, or
(b)section 53 of the Criminal Justice Act 1991.]
Textual Amendments
F1Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 10(a)
F2Words in s. 76(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 17(a) (by words at the end of para. 17 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 51 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F3S. 76(2A) inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 10(b)
F4Words substituted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 10(c)
F5Words in s. 76(3) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 17(b) (by words at the end of para. 17 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F6S. 76(5) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 17(c) (by words at the end of para. 17 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
Marginal Citations