Criminal Justice and Courts Act 2015 Explanatory Notes

Schedule 11: Trial by single justice following a written charge: further amendments

461.Schedule 11 sets out amendments required to other areas of legislation to reflect the availability of the new single justice procedure notice, and in particular the change to section 29 of the Criminal Justice Act 2003. In relevant places, it substitutes the term “public prosecutor” with “relevant prosecutor” and includes references to “single justice procedure notice” alongside references to “requisition”.

462.Other amendments amend legislative provisions to ensure that they operate effectively under the new single justice procedure. In particular this includes amendments to the following:

(i)

section 11 of the Magistrates’ Courts Act 1980 (to ensure that the requirements for adjourning prior to a hearing to consider imposing a driving disqualification take account of the new single justice procedure);

(ii)

section 123(2) of the Magistrates’ Courts Act 1980 (to modify the provisions for dealing with defects in summons so that a less stringent test applies to cases dealt with under the single justice procedure);

(iii)

section 7 of the Road Traffic Offenders Act 1988 (to set out the arrangements which will apply in single justice procedure cases when a defendant is required to surrender their licence to the court).

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