50 Early administrative hearings.E+W
(1)Where a person (“the accused”) has been charged with an offence at a police station, the magistrates’ court before whom he appears or is brought for the first time in relation to the charge may, unless the accused falls to be dealt with under section 51 below, consist of a single justice.
[F1(2)At a hearing conducted by a single justice under this section the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service.
(2A)Where the accused wishes to be granted such a right, the Legal Services Commission shall decide whether or not to grant him that right.]
(3)At such a hearing the single justice—
(a)may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and
(b)on adjourning the hearing, may remand the accused in custody or on bail.
(4)This section applies in relation to a justices’ clerk as it applies in relation to a single justice; but nothing in subsection (3)(b) above authorises such a clerk to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.
[F2(4A)A hearing conducted by a single justice under this section may be—
(a)adjourned to enable the decision mentioned in subsection (2A) above to be taken, and
(b)subsequently resumed by a single justice.]
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 50(2)(2A) substituted for s. 50(2) (2.10.2006) by The Criminal Defence Service (Representation Orders and Consequential Amendment) Regulations 2006) (S.I. 2006/2493), {reg. 8(2)}
F2S. 50(4A) inserted (2.10.2006) by The Criminal Defence Service (Representation Orders and Consequential Amendment) Regulations 2006) (S.I. 2006/2493), {reg. 8(3)}
F3S. 50(5) repealed (2.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 3(b) (with Sch. 2 para. 2)
Modifications etc. (not altering text)
C1S. 50 extended (1.11.1999) by S.I. 1999/2784, rule 3(2)
Commencement Information
I1S. 50 wholly in force; S. 50 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)