PART 12SENDING FOR TRIAL

Contents of this Part

Documents to be sent to the Crown Court

rule 12.1

Time for first appearance of accused sent for trial

rule 12.2

Documents to be sent to the Crown Court12.1.

(1)

As soon as practicable after any person is sent for trial (pursuant to section 51 of the Crime and Disorder Act 1998124), and in any event within 4 days from the date on which he is sent (not counting Saturdays, Sundays, Good Friday, Christmas Day or Bank Holidays), the magistrates’ court officer shall, subject to section 7 of the Prosecution of Offences Act 1985125 (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the Crown Court officer—

(a)

the information, if it is in writing;

(b)

the notice required by section 51(7) of the 1998 Act;

(c)

a copy of the record made in pursuance of section 5 of the Bail Act 1976126 relating to the granting or withholding of bail in respect of the accused on the occasion of the sending;

(d)

any recognizance entered into by any person as surety for the accused together with any enlargement thereof under section 129(4) of the Magistrates’ Courts Act 1980127;

(e)

the names and addresses of any interpreters engaged for the defendant for the purposes of the appearance in the magistrates’ court, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(f)

if any person under the age of 18 is concerned in the proceedings, a statement whether the magistrates’ court has given a direction under section 39 of the Children and Young Persons Act 1933128 (prohibition of publication of certain matter in newspapers);

(g)

a copy of any representation order previously made in the case;

(h)

a copy of any application for a representation order previously made in the case which has been refused; and

(i)

any documents relating to an appeal by the prosecution against the granting of bail.

(2)

The period of 4 days specified in paragraph (1) may be extended in relation to any sending for trial for so long as the Crown Court officer directs, having regard to any relevant circumstances.

[Note. See also section 51 of the Crime and Disorder Act 1998. On the coming into force of Schedule 3 to the Criminal Justice Act 2003129, section 51 of the 1998 Act will apply to either way as well as indictable only offences, and section 51A will extend the section 51 procedure to children and young persons130. For the procedure governing the service of evidence by the prosecution where an accused is sent for trial, see The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000131.]

Time for first appearance of accused sent for trial12.2.

A Crown Court officer to whom notice has been given under section 51(7) of the Crime and Disorder Act 1998, shall list the first Crown Court appearance of the person to whom the notice relates in accordance with any directions given by the magistrates’ court.