SCHEDULES

SCHEDULE 3Allocation of cases triable either way, and sending cases to the Crown Court etc

Part 2minor and consequential amendments

Prosecution of Offences Act 1985 (c. 23)

I157

1

The Prosecution of Offences Act 1985 is amended as follows.

2

In section 7A (powers of non-legal staff), for subsection (6) there is substituted—

6

This section applies to an offence if it is triable only on indictment or is an offence for which the accused has been sent for trial.

3

In section 16 (defence costs)—

a

in subsection (1), paragraph (b) is omitted, and

b

in subsection (2)—

i

in paragraph (a), for “committed” there is substituted “ sent ”, and

ii

paragraph (aa) is omitted, and

c

subsection (12) is omitted.

4

In section 21 (interpretation), in subsection (6)(b), for “committed” there is substituted “ sent ”.

5

In section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), in subsection (11)—

a

in paragraph (a) of the definition of “appropriate court”, for “committed for trial, sent for trial under section 51 of the Crime and Disorder Act 1998” there is substituted “ sent for trial ”,

b

for the definition of “custody of the Crown Court” there is substituted—

“custody of the Crown Court” includes custody to which a person is committed in pursuance of—

a

section 43A of the Magistrates' Courts Act 1980 (magistrates' court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court); or

b

section 52 of the Crime and Disorder Act 1998 (provisions supplementing section 51);

6

In section 23 (discontinuance of proceedings in magistrates' court), in subsection (2), for paragraphs (a) to (c) there is substituted—

a

any stage of the proceedings after the court has begun to hear evidence for the prosecution at a summary trial of the offence; or

b

any stage of the proceedings after the accused has been sent for trial for the offence.

7

In section 23A (discontinuance of proceedings after accused has been sent for trial)—

a

in paragraph (b) of subsection (1), the words from “under” to “1998” are omitted, and

b

in subsection (2), for “51(7)” there is substituted “ 51D(1) ”.