Part III U.K. Criminal Procedure, Penalties, etc.

Other provisionsE+W

41, 42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

44 Appeals against conviction. X1E+W

In section 2 of the M1Criminal Appeal Act 1968 . . . F3 (grounds for allowing appeals) in subsection (1)(a) (cases where the verdict of the jury is unsafe or unsatisfactory) for the words “verdict of the jury” there shall be substituted the word “conviction”.

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

46 Committal for sentence for offences tried summarily. X2E+W

For section 56(1) of the M2Criminal Justice Act 1967 (powers of magistrates’ courts as regards committal for sentence in respect of offences tried summarily) there shall be substituted—

“(1)Where a magistrates’ court (“the committing court”) commits a person in custody or on bail to the Crown Court under any enactment to which this section applies to be sentenced or otherwise dealt with in respect of an offence (“the relevant offence”), the committing court—

(a)if the relevant offence is an offence triable either way, may also commit him, in custody or on bail as the case may require, to the Crown Court to be dealt with in respect of any other offence whatsoever in respect of which the committing court has power to deal with him (being an offence of which he has been convicted by that or any other court); or

(b)if the relevant offence is a summary offence, may commit him, as aforesaid, to the Crown Court, to be dealt with in respect of—

(i)any other offence which the committing court has convicted him, being either an offence punishable with imprisonment or an offence in respect of which the committing court has a power or duty to order him to be disqalified under section 93 of the Road Traffic Act 1972 (disqualification for certain motoring offences); or

(ii)any suspended sentence in respect of which the the committing court has under section 24(1) of the Powers of the Criminal Courts Act 1973 power to deal with him.”

F547. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

48 Power to make rules as to furnishing of information by prosecutor in criminal proceedings.E+W

(1)The power to make rules conferred by [F6section 144 of the Magistrates’ Courts Act 1980] shall, without prejudice to the generality of subsection (1) of that section, include power to make, with respect to proceedings against any person for a prescribed offence or an offence of any prescribed class, provision—

(a)for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the accused or a person representing him is furnished with, or can obtain, advance information concerning all, or any prescribed class of, the facts and matters of which the prosecutor proposes to adduce evidence; and

(b)for requiring a magistrates’ court, if satisfied that any requirement imposed by virtue of paragraph (a) above has not been complied with, to adjourn the proceedings pending compliance with that requirement unless the court is satisfied that the conduct of the case for the accused will not be substantially prejudiced by non-compliance with the requirement.

(2)Rules made by virtue of subsection (1)(a) above—

(a)may require the prosecutor to do as provided in the rules either—

(i)in all cases; or

(ii)only if so requested by or on behalf of the accused;

(b)may exempt facts and matters of any prescribed description from any requirement imposed by the rules, and may make the opinion of the prosecutor material for the purposes of any such exemption; and

(c)may make different provision with respect to different offences or offences of different classes.

(3)It shall not open to person convicted of an offence to appeal against the conviction on the ground that a requirement imposed by virtue of subsection (1) above was not complied with by the prosecutor.

49 Power to order search of persons before Crown Court. X3E+W

After section 34 of the M3Powers of Criminal Courts Act 1973 there shall be inserted—

“34A Power of Crown Court to order search of persons before it.

(1)Where—

(a)the Crown Court imposes a fine on a person or forfeits his recognizance;

(b)the Crown Court makes against a person any such order as is mentioned in paragraphs 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs);

(c)the Crown Court makes against a person any such order as is mentioned in paragraph 12 of that Schedule (fines etc. payable by parents or guardians) other than an order under section 35 of this Act; or

(d)on determination of an appeal brought by a person under section 83 of the Magistrates’ Courts Act 1952 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,

then, if that person is before it, the Crowm Court may order him to be searched.

(2)Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.”.