Part III PRACTICE AND PROCEDURE

The Crown Court

Distribution of business

76F11F12F11CommittalF11Sending for trial: alteration of place of trial.

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 F8varying the decision of a magistrates’ court under section 7 of the Magistrates’ Courts Act 1980 or F6by substituting some other place for the place specified in a notice under F7a relevant transfer provision (notices of transfer from magistrates’ court to Crown Court)F8substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”) 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.

F12A

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 F2the time when the jury are sworn.

F32B

The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

3

The defendant or the prosecutor, if dissatisfied with the place of trial as F9fixed by the magistrates' court, as specified in a notice under a relevant transfer provisionF9specified in a section 51D notice 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

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55

F10In 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.