Access to Justice Act 1999

Prospective

80 Jurisdiction over offences outside area. U.K.

(1) In the Magistrates’ Courts Act 1980, after section 3A insert—

“3B Transfer of trials of summary offences.

(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.”

(2) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 80(2) repealed (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2004/2066, art. 2(d)(vi)(e) (subject to art. 3)

80 Jurisdiction over offences outside area. U.K.

(1) In the Magistrates’ Courts Act 1980, after section 3A insert—

“3B Transfer of trials of summary offences.

(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.”

(2) In section 145(1) of that Act (power to make rules of court as to specified matters), after paragraph (a) insert—

“(aa) as to the determination of applications under section 3B above (including provision for their determination by justices’ clerks);”.