Courts Act 2003

Criminal jurisdiction and procedure

43Summons or warrant for suspected offender

(1)For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his arrest), substitute—

“(1)On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—

(a)a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or

(b)a warrant to arrest that person and bring him before a magistrates' court.”

(2)Omit section 1(2), (5) and (8) of the 1980 Act.

44Trial of summary offences

For section 2 of the 1980 Act substitute—

“2Trial of summary offences

(1)A magistrates' court has jurisdiction to try any summary offence.

(2)A magistrates' court has jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court.

(3)Subject to—

(a)sections 18 to 22, and

(b)any other enactment (wherever contained) relating to the mode of trial of offences triable either way,

a magistrates' court has jurisdiction to try summarily any offence which is triable either way.

(4)A magistrates' court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence.

(5)This section does not affect any jurisdiction over offences conferred on a magistrates' court by any enactment not contained in this Act.”

45Power to make rulings at pre-trial hearings

(1)Schedule 3 contains amendments of the 1980 Act relating to rulings at pre-trial hearings in magistrates' courts.

(2)The amendments made by the Schedule apply in relation to pre-trial hearings beginning on or after the day on which it comes into force.

46Power to transfer criminal cases

(1)After section 27 of the 1980 Act insert—

“Transfer of criminal proceedings

27APower to transfer criminal proceedings

(1)Where a person appears or is brought before a magistrates' court—

(a)to be tried by the court for an offence, or

(b)for the court to inquire into the offence as examining justices,

the court may transfer the matter to another magistrates' court.

(2)The court may transfer the matter before or after beginning the trial or inquiry.

(3)But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(4)The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.”

(2)Omit section 3B of the 1980 Act (transfer of trials of summary offences).