Senior Courts Act 1981

The Court of Appeal

The Crown Court

Divisions of Court of Appeal.

Proceedings on case stated by magistrates’ court or Crown Court.

References in this Schedule to a person having a general qualification shall be construed in accordance with section 71 of the Courts and Legal Services Act 1990.

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Injunctions to restrain persons from acting in offices in which they are not entitled to act.

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The Court of Appeal

Rules of Court

Assistance for transaction of judicial business ....

Application for judicial review.

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Mandatory, prohibiting and quashing orders

Costs in Crown Court.

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Part 1

Part 2

Part 3

The Senior Courts.

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Costs in Crown Court.

Sittings and vacations.

Appeals and committals for sentence.

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Assessors and scientific advisers.

Assessors and scientific advisers.

Allocation of cases according to composition of court, etc.

Committal Sending for trial: date of trial.

Sittings.

Official Solicitor.

Deputies and temporary appointments.

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Appeals and committals for sentence.

Committal Sending for trial: date of trial.

Duties of officers of Crown Court.

District probate registries.

Citation, commencement and extent.

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Interpretation of Part V and other probate provisions.

Amendments of other Acts, transitional provisions, savings and repeals.

Amendments of other Acts, transitional provisions, savings and repeals.

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Amendment of Solicitors Act 1974.

Citation, commencement and extent.

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52A

The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Crown Court when dismissing an appeal by a person convicted of an offence against conviction or sentence for the offence.

Remitting proceedings to magistrates’ courts for trial

46ZA

• (1) In a case where a person has been sent by a magistrates’ court to the Crown Court for trial for an offence, the Crown Court may send the person back to a magistrates’ court for trial.

• (2) The Crown Court may not exercise the power in subsection (1)—

• (a) in respect of a person who has attained the age of 18, or is not an individual, if the offence in question is triable only on indictment;

• (b) in respect of a person who has not attained the age of 18, if the offence in question falls within section 51A(12) of the Crime and Disorder Act 1998.

• (3) In the case of an offence that is triable either way, the Crown Court may not exercise the power in subsection (1)—

• (a) unless the person appears in court or consents to the power being exercised in the person’s absence, and

• (b) in the case of a person who has attained the age of 18, or is not an individual, unless the person consents to the power being exercised.

• (4) If a person under the age of 18 appears before the Crown Court having been sent to it as mentioned in subsection (1), the Crown Court—

• (a) must consider whether to send the person back to a magistrates’ court under subsection (1), and

• (b) if it decides not to send the person back, must give reasons for not doing so.

• (5) In deciding whether to exercise the power in subsection (1), the Crown Court must—

• (a) take into account any other offence before the Crown Court that appears to the court to be related to that offence (whether the same, or a different, person is accused or has been convicted of the other offence), and

• (b) have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 122 of the Coroners and Justice Act 2009.

• (6) Where the Crown Court exercises the power in subsection (1) it may, subject to section 25 of the Criminal Justice and Public Order Act 1994 (restrictions on granting bail), give such directions as appear to be necessary—

• (a) with respect to the custody of the accused, or

• (b) for the accused’s release on bail,

until the accused can appear or be brought before the magistrates’ court.

• (7) There is no right of appeal against an order under subsection (1).

Further provision in connection with quashing orders

29A

• (1) A quashing order may include provision—

• (a) for the quashing not to take effect until a date specified in the order, or

• (b) removing or limiting any retrospective effect of the quashing.

• (2) Provision included in a quashing order under subsection (1) may be made subject to conditions.

• (3) If a quashing order includes provision under subsection (1)(a), the impugned act is (subject to any conditions under subsection (2)) upheld until the quashing takes effect.

• (4) If a quashing order includes provision under subsection (1)(b), the impugned act is (subject to any conditions under subsection (2)) upheld in any respect in which the provision under subsection (1)(b) prevents it from being quashed.

• (5) Where (and to the extent that) an impugned act is upheld by virtue of subsection (3)or (4), it is to be treated for all purposes as if its validity and force were, and always had been, unimpaired by the relevant defect.

• (6) Provision under subsection (1)(a) does not limit any retrospective effect of a quashing order once the quashing takes effect (including in relation to the period between the making of the order and the taking effect of the quashing); and subsections (3) and (5) are to be read accordingly.

• (7) Section 29(2) does not prevent the court from varying a date specified under subsection (1)(a).

• (8) In deciding whether to exercise a power in subsection (1), the court must have regard to—

• (a) the nature and circumstances of the relevant defect;

• (b) any detriment to good administration that would result from exercising or failing to exercise the power;

• (c) the interests or expectations of persons who would benefit from the quashing of the impugned act;

• (d) the interests or expectations of persons who have relied on the impugned act;

• (e) so far as appears to the court to be relevant, any action taken or proposed to be taken, or undertaking given, by a person with responsibility in connection with the impugned act;

• (f) any other matter that appears to the court to be relevant.

• (9) In this section—

• “impugned act” means the thing (or purported thing) being quashed by the quashing order;

• “relevant defect” means the defect, failure or other matter on the ground of which the court is making the quashing order.

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