PART IIICriminal Procedure, Penalties, etc.

Other provisions

49Power to order search of persons before Crown Court

After section 34 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 there shall be inserted—

34APower 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 paragraph 3, 4 or 9 of Schedule 9 to the [1970 c. 31.] 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 the determination of an appeal brought by a person under section 83 of the [1952 c. 55.] 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 Crown 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.