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Criminal Justice Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) Section 25 (power to change from summary trial to committal proceedings and vice versa), as amended by section 42 of this Act, is amended as follows.

(2) In subsection (1), for “(2) to (4)” there is substituted “ (2) to (2D) ”.

(3) For subsection (2) there is substituted—

(2) Where the court is required under section 20(9) above to proceed to the summary trial of the information, the prosecution may apply to the court for the offence to be tried on indictment instead. (2A) An application under subsection (2) above— (a) must be made before the summary trial begins; and (b) must be dealt with by the court before any other application or issue in relation to the summary trial is dealt with. (2B) The court may grant an application under subsection (2) above but only if it is satisfied that the sentence which a magistrates' court would have power to impose for the offence would be inadequate. (2C) Where— (a) the accused is charged on the same occasion with two or more offences; and (b) it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character, subsection (2B) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together. (2D) Where the court grants an application under subsection (2) above, it shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

(4) Subsections (3) to (8) are omitted.

12

For subsections (1) and (2) of section 26 (power to issue summons to accused in certain circumstances) there is substituted—

(1) Where, in the circumstances mentioned in section 23(1)(a) above, the court is not satisfied that there is good reason for proceeding in the absence of the accused, the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court. (2) In a case within subsection (1) above, if the accused is not present at the time and place appointed for the proceedings under section 19 or section 22(1) above, the court may issue a warrant for his arrest.

13

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14

Section 42 (restriction on justices sitting after dealing with bail) shall cease to have effect.

Crime and Disorder Act 1998 (c. 37)

15

The Crime and Disorder Act 1998 is amended as follows.

16

In section 50 (early administrative hearings), in subsection (1) (court may consist of single justice unless accused falls to be dealt with under section 51), the words “unless the accused falls to be dealt with under section 51 below” are omitted.

17

After section 50 there is inserted—

(50A) (1) Where an adult appears or is brought before a magistrates' court charged with an either-way offence (the “relevant offence”), the court shall proceed in the manner described in this section. (2) If notice is given in respect of the relevant offence under section 51B or 51C below, the court shall deal with the offence as provided in section 51 below. (3) Otherwise— (a) if the adult (or another adult with whom the adult is charged jointly with the relevant offence) is or has been sent to the Crown Court for trial for an offence under section 51(2)(a) or 51(2)(c) below— (i) the court shall first consider the relevant offence under subsection (3), (4), (5) or, as the case may be, (6) of section 51 below and, where applicable, deal with it under that subsection; (ii) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of sub-paragraph (i) above, the court shall then proceed to deal with the relevant offence in accordance with sections 17A to 23 of the 1980 Act; (b) in all other cases— (i) the court shall first consider the relevant offence under sections 17A to 20 (excluding subsections (8) and (9) of section 20) of the 1980 Act; (ii) if, by virtue of sub-paragraph (i) above, the court would be required to proceed in relation to the offence as mentioned in section 17A(6), 17B(2)(c) or 20(7) of that Act (indication of guilty plea), it shall proceed as so required (and, accordingly, shall not consider the offence under section 51 or 51A below); (iii) if sub-paragraph (ii) above does not apply— (a) the court shall consider the relevant offence under sections 51 and 51A below and, where applicable, deal with it under the relevant section; (b) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of paragraph (a) of this sub-paragraph, the court shall then proceed to deal with the relevant offence as contemplated by section 20(9) or, as the case may be, section 21 of the 1980 Act. (4) Subsection (3) above is subject to any requirement to proceed as mentioned in subsections (2) or (6)(a) of section 22 of the 1980 Act (certain offences where value involved is small). (5) Nothing in this section shall prevent the court from committing the adult to the Crown Court for sentence pursuant to any enactment, if he is convicted of the relevant offence.

18

For section 51 (no committal proceedings for indictable-only offences) there is substituted—

(51) (1) Where an adult appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (2) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence. (2) Those conditions are— (a) that the offence is an offence triable only on indictment other than one in respect of which notice has been given under section 51B or 51C below; (b) that the offence is an either-way offence and the court is required under section 20(9)(b), 21, 23(4)(b) or (5) or 25(2D) of the Magistrates' Courts Act 1980 to proceed in relation to the offence in accordance with subsection (1) above; (c) that notice is given to the court under section 51B or 51C below in respect of the offence. (3) Where the court sends an adult for trial under subsection (1) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence mentioned in subsection (1) above; or (b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (1) above or to the either-way offence, and which fulfils the requisite condition (as defined in subsection (11) below). (4) Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which— (a) appears to the court to be related to the offence mentioned in subsection (1) above; and (b) (in the case of a summary offence) fulfils the requisite condition, the court may send him forthwith to the Crown Court for trial for the either-way or summary offence. (5) Where— (a) the court sends an adult (“A”) for trial under subsection (1) or (3) above; (b) another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an either-way offence; and (c) that offence appears to the court to be related to an offence for which A was sent for trial under subsection (1) or (3) above, the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence. (6) Where the court sends an adult for trial under subsection (5) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence for which he is sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the either-way offence, and which fulfils the requisite condition. (7) Where— (a) the court sends an adult (“A”) for trial under subsection (1), (3) or (5) above; and (b) a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an indictable offence for which A is sent for trial under subsection (1), (3) or (5) above, or an indictable offence which appears to the court to be related to that offence, the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence. (8) Where the court sends a child or young person for trial under subsection (7) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which— (a) (if it is an indictable offence) appears to the court to be related to the offence for which he is sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the indictable offence, and which fulfils the requisite condition. (9) Subsections (7) and (8) above are subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain cases involving children and young persons to be tried summarily). (10) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption. (11) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving. (12) In the case of an adult charged with an offence— (a) if the offence satisfies paragraph (c) of subsection (2) above, the offence shall be dealt with under subsection (1) above and not under any other provision of this section or section 51A below; (b) subject to paragraph (a) above, if the offence is one in respect of which the court is required to, or would decide to, send the adult to the Crown Court under— (i) subsection (5) above; or (ii) subsection (6) of section 51A below, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51A below. (13) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice. (51A) (1) This section is subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain offences involving children or young persons to be tried summarily). (2) Where a child or young person appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (3) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence. (3) Those conditions are— (a) that the offence falls within subsection (12) below; (b) that the offence is such as is mentioned in subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (other than one mentioned in paragraph (d) below in relation to which it appears to the court as mentioned there) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of subsection (3) of that section; (c) that notice is given to the court under section 51B or 51C below in respect of the offence; (d) that the offence is a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003) and it appears to the court that if he is found guilty of the offence the criteria for the imposition of a sentence under section 226(3) or 228(2) of that Act would be met. (4) Where the court sends a child or young person for trial under subsection (2) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which— (a) (if it is an indictable offence) appears to the court to be related to the offence mentioned in subsection (2) above; or (b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (2) above or to the indictable offence, and which fulfils the requisite condition (as defined in subsection (9) below). (5) Where a child or young person who has been sent for trial under subsection (2) above subsequently appears or is brought before a magistrates' court charged with an indictable or summary offence which— (a) appears to the court to be related to the offence mentioned in subsection (2) above; and (b) (in the case of a summary offence) fulfils the requisite condition, the court may send him forthwith to the Crown Court for trial for the indictable or summary offence. (6) Where— (a) the court sends a child or young person (“C”) for trial under subsection (2) or (4) above; and (b) an adult appears or is brought before the court on the same or a subsequent occasion charged jointly with C with an either-way offence for which C is sent for trial under subsection (2) or (4) above, or an either-way offence which appears to the court to be related to that offence, the court shall where it is the same occasion, and may where it is a subsequent occasion, send the adult forthwith to the Crown Court for trial for the either-way offence. (7) Where the court sends an adult for trial under subsection (6) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence for which he was sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he was sent for trial or to the either-way offence, and which fulfils the requisite condition. (8) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption. (9) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving. (10) In the case of a child or young person charged with an offence— (a) if the offence satisfies any of the conditions in subsection (3) above, the offence shall be dealt with under subsection (2) above and not under any other provision of this section or section 51 above; (b) subject to paragraph (a) above, if the offence is one in respect of which the requirements of subsection (7) of section 51 above for sending the child or young person to the Crown Court are satisfied, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51 above. (11) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice. (12) An offence falls within this subsection if— (a) it is an offence of homicide; or (b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to— (i) the offence; and (ii) the person charged with it, if he were convicted of the offence. (51B) (1) A notice may be given by a designated authority under this section in respect of an indictable offence if the authority is of the opinion that the evidence of the offence charged— (a) is sufficient for the person charged to be put on trial for the offence; and (b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court. (2) That opinion must be certified by the designated authority in the notice. (3) The notice must also specify the proposed place of trial, and in selecting that place the designated authority must have regard to the same matters as are specified in paragraphs (a) to (c) of section 51D(4) below. (4) A notice under this section must be given to the magistrates' court at which the person charged appears or before which he is brought. (5) Such a notice must be given to the magistrates' court before any summary trial begins. (6) The effect of such a notice is that the functions of the magistrates' court cease in relation to the case, except— (a) for the purposes of section 51D below; (b) as provided by paragraph 2 of Schedule 3 to the Access to Justice Act 1999; and (c) as provided by section 52 below. (7) The functions of a designated authority under this section may be exercised by an officer of the authority acting on behalf of the authority. (8) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not). (9) In this section “designated authority” means— (a) the Director of Public Prosecutions; (b) the Director of the Serious Fraud Office; (c) the Commissioners of the Inland Revenue; (d) the Commissioners of Customs and Excise; or (e) the Secretary of State. (51C) (1) A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion— (a) that the evidence of the offence would be sufficient for the person charged to be put on trial for the offence; (b) that a child would be called as a witness at the trial; and (c) that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court. (2) That opinion must be certified by the Director of Public Prosecutions in the notice. (3) This subsection applies to an offence— (a) which involves an assault on, or injury or a threat of injury to, a person; (b) under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16); (c) under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003; (d) of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984; (e) which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b), (c) or (d) above. (4) Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that. (5) The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director. (6) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not). (7) In this section “child” means— (a) a person who is under the age of 17; or (b) any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above. (51D) (1) The court shall specify in a notice— (a) the offence or offences for which a person is sent for trial under section 51 or 51A above; and (b) the place at which he is to be tried (which, if a notice has been given under section 51B above, must be the place specified in that notice). (2) A copy of the notice shall be served on the accused and given to the Crown Court sitting at that place. (3) In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence— (a) the subsection under which the person is so sent; and (b) if applicable, the offence to which that offence appears to the court to be related. (4) Where the court selects the place of trial for the purposes of subsection (1) above, it shall have regard to— (a) the convenience of the defence, the prosecution and the witnesses; (b) the desirability of expediting the trial; and (c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the Supreme Court Act 1981. (51E) For the purposes of sections 50A to 51D above— (a) “adult” means a person aged 18 or over, and references to an adult include a corporation; (b) “either-way offence” means an offence triable either way; (c) an either-way offence is related to an indictable offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable offence; (d) a summary offence is related to an indictable offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable offence.

19

(1) After section 52 there is inserted—

(52A) (1) Except as provided by this section, it shall not be lawful— (a) to publish in the United Kingdom a written report of any allocation or sending proceedings in England and Wales; or (b) to include in a relevant programme for reception in the United Kingdom a report of any such proceedings, if (in either case) the report contains any matter other than that permitted by this section. (2) Subject to subsections (3) and (4) below, a magistrates' court may, with reference to any allocation or sending proceedings, order that subsection (1) above shall not apply to reports of those proceedings. (3) Where there is only one accused and he objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so. (4) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so. (5) An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) or (4) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (6) below. (6) It shall not be unlawful under this section to publish or include in a relevant programme a report of allocation or sending proceedings containing any matter other than that permitted by subsection (7) below— (a) where, in relation to the accused (or all of them, if there are more than one), the magistrates' court is required to proceed as mentioned in section 20(7) of the 1980 Act, after the court is so required; (b) where, in relation to the accused (or any of them, if there are more than one), the court proceeds other than as mentioned there, after conclusion of his trial or, as the case may be, the trial of the last to be tried. (7) The following matters may be contained in a report of allocation or sending proceedings published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (6) above— (a) the identity of the court and the name of the justice or justices; (b) the name, age, home address and occupation of the accused; (c) in the case of an accused charged with an offence in respect of which notice has been given to the court under section 51B above, any relevant business information; (d) the offence or offences, or a summary of them, with which the accused is or are charged; (e) the names of counsel and solicitors engaged in the proceedings; (f) where the proceedings are adjourned, the date and place to which they are adjourned; (g) the arrangements as to bail; (h) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused. (8) The addresses that may be published or included in a relevant programme under subsection (7) above are addresses— (a) at any relevant time; and (b) at the time of their publication or inclusion in a relevant programme. (9) The following is relevant business information for the purposes of subsection (7) above— (a) any address used by the accused for carrying on a business on his own account; (b) the name of any business which he was carrying on on his own account at any relevant time; (c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time; (d) the address of any such firm; (e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time; (f) the address of the registered or principal office of any such company; (g) any working address of the accused in his capacity as a person engaged by any such company; and here “engaged” means engaged under a contract of service or a contract for services. (10) Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings. (11) In this section— - “allocation or sending proceedings” means, in relation to an information charging an indictable offence— 1. any proceedings in the magistrates' court at which matters are considered under any of the following provisions— 1. sections 19 to 23 of the 1980 Act; 2. section 51, 51A or 52 above; 2. any proceedings in the magistrates' court before the court proceeds to consider any matter mentioned in paragraph (a) above; and 3. any proceedings in the magistrates' court at which an application under section 25(2) of the 1980 Act is considered; - “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public; - “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990); - “relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred. (52B) (1) If a report is published or included in a relevant programme in contravention of section 52A above, each of the following persons is guilty of an offence— (a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it; (c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper. (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General. (4) Proceedings for an offence under this section shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland. (5) Subsection (11) of section 52A above applies for the purposes of this section as it applies for the purposes of that section.

(2) In section 121 (short title, commencement and extent)—

(a) in subsection (6), after paragraph (b) there is inserted—

(bb) sections 52A and 52B;

, and

(b) in subsection (8), after “(5) above,” there is inserted “ sections 52A and 52B above, ”.

20

(1) Schedule 3 (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) is amended as follows.

(2) In paragraph 1(1)—

(a) after “51” there is inserted “ or 51A ”, and

(b) in paragraph (b), for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”.

(3) In paragraph 2—

(a) in sub-paragraph (1)—

(i) after “51” there is inserted “ or 51A ”, and

(ii) for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”, and

(b) sub-paragraphs (4) and (5) are omitted.

(4) In paragraph 4, in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”.

(5) In paragraph 5, in sub-paragraph (2), after “51” there is inserted “ or 51A ”.

(6) Paragraph 6 is amended as follows—

(a) in sub-paragraph (1), after “51” there is inserted “ or 51A ”,

(b) in sub-paragraph (2), for the words from the second “offence” to the end there is substituted “ indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent ”, and

(7) In paragraph 7—

(a) in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,

(b) in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”,

(d) in sub-paragraph (7), for “consider” there is substituted “ decide ”, and

(e) after sub-paragraph (8) there is inserted—

(9) In this paragraph, a “main offence” is— (a) an offence for which the person has been sent to the Crown Court for trial under section 51(1) of this Act; or (b) an offence— (i) for which the person has been sent to the Crown Court for trial under subsection (5) of section 51 or subsection (6) of section 51A of this Act (“the applicable subsection”); and (ii) in respect of which the conditions for sending him to the Crown Court for trial under the applicable subsection (as set out in paragraphs (a) to (c) of section 51(5) or paragraphs (a) and (b) of section 51A(6)) continue to be satisfied.

(8) In paragraph 8—

(a) in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,

(b) in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence (within the meaning of paragraph 7 above) ”,

(d) in sub-paragraph (2)(d), for “consider” there is substituted “ decide ”.

(9) In paragraph 9—

(a) in sub-paragraph (1), for “consider” there is substituted “ decide ”, and

(b) for sub-paragraphs (2) and (3), there is substituted—

(2) Before deciding the question, the court— (a) shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and (b) shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable. (3) In deciding the question, the court shall consider— (a) whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and (b) any representations made by the prosecution or the accused under sub-paragraph (2)(b) above, and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003. (4) Where— (a) the accused is charged on the same occasion with two or more offences; and (b) it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; sub-paragraph (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together. (5) In this paragraph any reference to a previous conviction is a reference to— (a) a previous conviction by a court in the United Kingdom, or (b) a previous finding of guilt in— (i) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or (ii) any proceedings before a Standing Civilian Court.

(10) In paragraph 10—

(a) for sub-paragraph (2), there is substituted—

(2) The court shall explain to the accused in ordinary language— (a) that it appears to the court more suitable for him to be tried summarily for the offence; (b) that he can either consent to be so tried or, if he wishes, be tried on indictment; and (c) in the case of a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003), that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the committing court is of such opinion as is mentioned in subsection (2) of that section.

, and

(b) in sub-paragraph (3), for “by a jury” there is substituted “ on indictment ”.

(11) In paragraph 11, in sub-paragraph (a), for “by a jury” there is substituted “ on indictment ”.

(12) Paragraph 12 shall cease to have effect.

(13) In paragraph 13—

(a) in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,

(b) in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”,

(d) for sub-paragraph (3) there is substituted—

(3) In this paragraph, a “main offence” is— (a) an offence for which the child or young person has been sent to the Crown Court for trial under section 51A(2) of this Act; or (b) an offence— (i) for which the child or young person has been sent to the Crown Court for trial under subsection (7) of section 51 of this Act; and (ii) in respect of which the conditions for sending him to the Crown Court for trial under that subsection (as set out in paragraphs (a) and (b) of that subsection) continue to be satisfied.

(14) In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered” there is substituted “ decided ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — minor and consequential amendments

Territorial Waters Jurisdiction Act 1878 (c. 73)

29

In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as to procedure), in the paragraph beginning “Proceedings before a justice of the peace”, for the words from the beginning to “his trial” there is substituted—

Any stage of proceedings— (a) before the summary trial of the offence; or (b) before the offender has been sent for trial for the offence,

Bankers' Books Evidence Act 1879 (c. 11)

30

(1) The Bankers' Books Evidence Act 1879 is amended as follows.

(2) In section 4 (proof that book is a banker’s book), the paragraph beginning “Where the proceedings” is omitted.

(3) In section 5 (verification of copy), the paragraph beginning “Where the proceedings” is omitted.

Explosive Substances Act 1883 (c. 3)

31

In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-General, and apprehension of absconding witnesses), subsection (3) is omitted.

Criminal Justice Act 1925 (c. 86)

32

In section 49 of the Criminal Justice Act 1925 (interpretation, etc), subsection (2) is omitted.

Children and Young Persons Act 1933 (c. 12)

33

In section 42 of the Children and Young Persons Act 1933 (extension of power to take deposition of child or young person), in subsection (2)(a), for “committed” in both places there is substituted “ sent ”.

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

34

(1) Section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), for “committed” there is substituted “ sent ”,

(b) paragraphs (aa) to (ac) are omitted,

(i) where the person charged has been sent for trial, the bill of indictment against him may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 57D(1) of the Crime and Disorder Act 1998, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may lawfully be joined in the same indictment;

(d) paragraphs (iA) and (iB) are omitted,

(e) in paragraph (ii), for “the committal” there is substituted “ such notice ”, and

(f) the words from “and in paragraph (iA)” to the end are omitted.

(3) In subsection (3)(b), for “committed” there is substituted “ sent ”.

Criminal Justice Act 1948 (c. 58)

35

(1) The Criminal Justice Act 1948 is amended as follows.

(2) In section 27 (remand and committal of persons aged 17 to 20), in subsection (1), for “commits him for trial or” there is substituted “ sends him to the Crown Court for trial or commits him there for ”.

(3) In section 41 (evidence by certificate), subsection (5A) is omitted.

(4) In section 80 (interpretation), the definition of “Court of summary jurisdiction” is omitted.

Prison Act 1952 (c. 52)

36

Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii) of Schedule 7 to, the Criminal Justice and Court Services Act 2000, paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection (2), of section 43 of the Prison Act 1952 (remand centres, detention centres and youth custody centres) are to have effect as if references to being committed for trial were references to being sent for trial.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Geneva Conventions Act 1957 (c. 52)

39

In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—

(a) in subsection (1), for “committal” there is substituted “ having been sent ”,

(b) in subsection (2), for “committal”, where it first appears, there is substituted “ having been sent ”.

Naval Discipline Act 1957 (c. 53)

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

41

In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (supplementary procedures as to proceedings under section 2)—

(a) the words “and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)” are omitted, and

(b) for “it had determined not to commit for trial” there is substituted “ the offence were to be dealt with summarily and the court had dismissed the information ”.

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

42

In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court)—

(a) for subsection (4) there is substituted—

(4) Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence.

, and

(b) subsection (5) is omitted.

Criminal Justice Act 1967 (c. 80)

43

(1) The Criminal Justice Act 1967 is amended as follows.

(2) In section 9 (proof by written statement), in subsection (1), the words “, other than committal proceedings,” are omitted.

(3) In section 36 (interpretation), in subsection (1), the definition of “committal proceedings” is omitted.

Criminal Appeal Act 1968 (c. 19)

44

(1) The Criminal Appeal Act 1968 is amended as follows.

(2) In section 1 (right of appeal), in subsection (3), for “committed him” there is substituted “ sent him to the Crown Court ”.

(3) In section 9 (appeal against sentence following conviction on indictment), in subsection (2), the words from “section 41” to “either way offence” are omitted.

Firearms Act 1968 (c. 27)

45

In Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences), in Part 2, paragraph 3 is omitted.

Theft Act 1968 (c. 60)

46

In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft or handling stolen goods), subsection (4A) is omitted.

Criminal Justice Act 1972 (c. 71)

47

In section 46 of the Criminal Justice Act 1972 (admissibility of written statements outside England and Wales), subsections (1A) to (1C) are omitted.

Bail Act 1976 (c. 63)

48

(1) The Bail Act 1976 is amended as follows.

(2) In section 3 (general provisions)—

(a) in subsection (8)—

(i) for “committed” there is substituted “ sent ”, and

(ii) after “for trial or” there is inserted “ committed him on bail to the Crown Court ”, and

(b) subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), are omitted.

(3) In section 5 (supplementary provisions about decisions on bail)—

(a) in subsection (6)(a), for “committing” there is substituted “ sending ”, and

(b) in subsection (6A)(a)—

(i) after “under” there is inserted “ section 52(5) of the Crime and Disorder Act 1998, ”,

(ii) sub-paragraph (i) is omitted,

(iii) after sub-paragraph (ii) there is inserted—

(iia) section 17C (intention as to plea: adjournment);

, and

(iv) at the end of sub-paragraph (iii) there is inserted

or (iv) section 24C (intention as to plea by child or young person: adjournment),

(4) In section 6 (offence of absconding by person released on bail), in subsection (6)(b), for “commits” there is substituted “ sends ”.

(5) In section 9 (offence of agreeing to indemnify sureties in criminal proceedings), in subsection (3)(b), for “commits” there is substituted “ sends ”.

Interpretation Act 1978 (c. 30)

49

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)—

(a) in the definition of “Committed for trial”, paragraph (a) is omitted,

(b) after the entry for “Secretary of State” there is inserted—

“Sent for trial” means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant to section 51 or 51A of the Crime and Disorder Act 1998.

Customs and Excise Management Act 1979 (c. 2)

50

In section 147 of the Customs and Excise Management Act 1979 (proceedings for offences), subsection (2) is omitted.

Magistrates' Courts Act 1980 (c. 43)

51

(1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 2, as substituted by the Courts Act 2003 (trial of summary offences), in subsection (2), for “as examining justices over” there is substituted “ under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of ”.

(3) Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted.

(4) In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-trial hearing), in subsection (6), the words “commits or” are omitted.

(5) In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from “proceeds” to the end there is substituted “ sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and ”.

(6) The following sections shall cease to have effect—

(a) section 97A (summons or warrant as to committal proceedings),

(b) section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and

(7) In section 128 (remand in custody or on bail)—

(a) in subsection (1)(b), the words “inquiring into or” are omitted,

(b) in subsection (1A)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(d) in subsection (3C)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”, and

(e) in subsection (3E)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(8) In section 129 (further remand), in subsection (4)—

(a) for “commits a person” there is substituted “ sends a person to the Crown Court ”, and

(b) for “committed” there is substituted “ sent ”.

(9) In section 130 (transfer of remand hearings), in subsection (1)—

(a) “5,” is omitted, and

(b) for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(10) In section 145 (rules: supplementary provisions), in subsection (1), paragraph (f) is omitted.

(11) In section 150 (interpretation of other terms), in subsection (1), the definition of “committal proceedings” is omitted.

(12) In section 155 (short title, extent and commencement), in subsection (2)(a), the words “8 (except subsection (9))” are omitted.

(13) In Schedule 3 (corporations)—

(a) in paragraph 2, sub-paragraph (a) is omitted,

(b) in paragraph 6, for “inquiry into, and trial of,” there is substituted “ trial of ”.

(14) In Schedule 5 (transfer of remand hearings)—

(a) paragraph 2 is omitted, and

(b) in paragraph 5, for “5, 10 or 18(4)” there is substituted “ 10, 17C, 18(4) or 24C ”.

Criminal Attempts Act 1981 (c. 47)

52

In section 2 of the Criminal Attempts Act 1981 (application of procedures and other provisions to offences under section 1), in subsection (2)(g), the words “or committed for trial” are omitted.

Contempt of Court Act 1981 (c. 49)

53

In section 4 of the Contempt of Court Act 1981 (contemporary reports of proceedings), in subsection (3), for paragraph (b) there is substituted—

(b) in the case of a report of allocation or sending proceedings of which publication is permitted by virtue only of subsection (6) of section 52A of the Crime and Disorder Act 1998 (“the 1998 Act”), if published as soon as practicable after publication is so permitted; (c) in the case of a report of an application of which publication is permitted by virtue only of sub-paragraph (5) or (7) of paragraph 3 of Schedule 3 to the 1998 Act, if published as soon as practicable after publication is so permitted.

Supreme Court Act 1981 (c. 54)

54

(1) The Supreme Court Act 1981 is amended as follows.

(2) In section 76 (committal for trial: alteration of place of trial)—

(a) in subsection (1), for the words from “varying” (where it first appears) to “to Crown Court)” there is substituted “ substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”) ”,

(b) in subsection (3), for the words “fixed by the magistrates' court, as specified in a notice under a relevant transfer provision” there is substituted “ specified in a section 51D notice ”,

(d) in the heading, for “Committal” there is substituted “ Sending ”.

(3) In section 77 (committal for trial: date of trial)—

(a) in subsection (1), for “committal for trial or the giving of a notice of transfer under a relevant transfer provision” there is substituted “ being sent for trial ”,

(b) in subsection (2), for “committed by a magistrates' court or in respect of whom a notice of transfer under a relevant transfer provision has been given” there is substituted “ sent for trial ”,

(c) in subsection (3), for “of committal for trial or of a notice of transfer” there is substituted “ when the defendant is sent for trial ”,

(d) subsection (4) is omitted, and

(e) in the heading, for “Committal” there is substituted “ Sending ”.

(4) In section 80 (process to compel appearance), in subsection (2), for “committed” there is substituted “ sent ”.

(5) In section 81—

(a) in subsection (1)—

(i) in paragraph (a)—

(a) the words “who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or” are omitted, and

(b) after “51” there is inserted “ or 51A ”,

(ii) in paragraph (g), sub-paragraph (i) is omitted, and

(b) subsection (7) is omitted.

Mental Health Act 1983 (c. 20)

55

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 43 (power of magistrates' court to commit for restriction order), for subsection (4) there is substituted—

(4) The powers of a magistrates' court under section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender’s case with a restriction order.

(3) In section 52 (further provisions as to persons remanded by magistrates' courts)—

(a) in subsection (2), for “committed” there is substituted “ sent ”,

(b) in subsection (5), for “committed” there is substituted “ sent ”,

(d) in subsection (7), for the words from “inquire” to “1980” there is substituted “ send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 ”, and in paragraph (b) of that subsection, the words “where the court proceeds under subsection (1) of that section” are omitted.

Police and Criminal Evidence Act 1984 (c. 60)

56

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 62 (intimate samples), in subsection (10)—

(a) sub-paragraph (i) of paragraph (a) is omitted, and

(b) in paragraph (aa), for sub-paragraphs (i) and (ii) there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and ”.

(3) In section 71 (microfilm copies), the paragraph beginning “Where the proceedings” is omitted.

(4) In section 76 (confessions), subsection (9) is omitted.

(5) In section 78 (exclusion of unfair evidence), subsection (3) is omitted.

Prosecution of Offences Act 1985 (c. 23)

57

(1) The Prosecution of Offences Act 1985 is amended as follows.

(2) In section 7A (powers of non-legal staff), for subsection (6) there is substituted—

(6) This section applies to an offence if it is triable only on indictment or is an offence for which the accused has been sent for trial.

(3) In section 16 (defence costs)—

(a) in subsection (1), paragraph (b) is omitted, and

(b) in subsection (2)—

(i) in paragraph (a), for “committed” there is substituted “ sent ”, and

(ii) paragraph (aa) is omitted, and

(4) In section 21 (interpretation), in subsection (6)(b), for “committed” there is substituted “ sent ”.

(5) In section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), in subsection (11)—

(a) in paragraph (a) of the definition of “appropriate court”, for “committed for trial, sent for trial under section 51 of the Crime and Disorder Act 1998” there is substituted “ sent for trial ”,

(b) for the definition of “custody of the Crown Court” there is substituted—

“custody of the Crown Court” includes custody to which a person is committed in pursuance of— (a) section 43A of the Magistrates' Courts Act 1980 (magistrates' court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court); or (b) section 52 of the Crime and Disorder Act 1998 (provisions supplementing section 51);

(6) In section 23 (discontinuance of proceedings in magistrates' court), in subsection (2), for paragraphs (a) to (c) there is substituted—

(a) any stage of the proceedings after the court has begun to hear evidence for the prosecution at a summary trial of the offence; or (b) any stage of the proceedings after the accused has been sent for trial for the offence.

(7) In section 23A (discontinuance of proceedings after accused has been sent for trial)—

(a) in paragraph (b) of subsection (1), the words from “under” to “1998” are omitted, and

(b) in subsection (2), for “51(7)” there is substituted “ 51D(1) ”.

Criminal Justice Act 1987 (c. 38)

58

(1) The Criminal Justice Act 1987 is amended as follows.

(2) Sections 4 to 6 (which relate to the transfer of cases to the Crown Court) shall cease to have effect.

(3) In section 11 (restrictions on reporting)—

(a) in subsection (2), paragraph (a) is omitted,

(b) subsection (3) is omitted,

(d) in subsection (8), “(3),” is omitted,

(e) subsections (9) and (10) are omitted,

(f) in subsection (11), paragraphs (a) and (d) are omitted.

Coroners Act 1988 (c. 13)

59

(1) The Coroners Act 1988 is amended as follows.

(2) In section 16 (adjournment of inquest in event of criminal proceedings)—

(a) in subsection (1)(b), for “charged before examining justices with” there is substituted “ sent for trial for ”, and

(b) for subsection (8) there is substituted—

(8) In this section, the “relevant criminal proceedings” means the proceedings— (a) before a magistrates' court to determine whether the person charged is to be sent to the Crown Court for trial; or (b) before any court to which that person is sent for trial.

(3) In section 17 (provisions supplementary to section 16)—

(a) in subsection (2), for “committed” there is substituted “ sent ”, and

(b) in subsection (3)(b), for “committed” there is substituted “ sent ”.

Criminal Justice Act 1988 (c. 33)

60

(1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 23 (first-hand hearsay), subsection (5) is omitted.

(3) In section 24 (business etc documents), subsection (5) is omitted.

(4) In section 26 (statements in certain documents), the paragraph beginning “This section shall not apply” is omitted.

(5) In section 27 (proof of statements contained in documents), the paragraph beginning “This section shall not apply” is omitted.

(6) In section 30 (expert reports), subsection (4A) is omitted.

(7) In section 40 (power to join in indictment count for common assault etc), in subsection (1)—

(a) the words “were disclosed to a magistrates' court inquiring into the offence as examining justices or” are omitted,

(b) after “51” there is inserted “ or 51A ”.

(8) Section 41 (power of Crown Court to deal with summary offence where person committed for either way offence) shall cease to have effect.

Road Traffic Offenders Act 1988 (c. 53)

61

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 11 (evidence by certificate as to driver, user or owner), subsection (3A) is omitted.

(3) In section 13 (admissibility of records as evidence), subsection (7) is omitted.

(4) In section 16 (documentary evidence as to specimens), subsection (6A) is omitted.

(5) In section 20 (speeding offences etc), subsection (8A) is omitted.

Criminal Justice Act 1991 (c. 53)

62

(1) The Criminal Justice Act 1991 is amended as follows.

(2) Section 53 (notices of transfer in certain cases involving children) shall cease to have effect.

(3) Schedule 6 (notices of transfer: procedures in lieu of committal) shall cease to have effect.

Sexual Offences (Amendment) Act 1992 (c. 34)

63

In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (3)(c), for “commits him” there is substituted “ sends him to the Crown Court ”.

Criminal Justice and Public Order Act 1994 (c. 33)

64

(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 34 (effect of accused’s failure to mention facts when questioned or charged), in subsection (2)—

(a) paragraph (a) is omitted, and

(b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ” .

(3) In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), in subsection (2)—

(a) paragraph (a) is omitted, and

(b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”.

(4) In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), in subsection (2)—

(a) paragraph (a) is omitted, and

(b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”.

Reserve Forces Act 1996 (c. 14)

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Procedure and Investigations Act 1996 (c. 25)

66

(1) The Criminal Procedure and Investigations Act 1996 is amended as follows.

(2) In section 1 (application of this Part), in subsection (2)—

(a) paragraphs (a) to (c) are omitted, and

(b) in paragraph (cc), the words from “under” to the end are omitted.

(3) In section 5 (compulsory disclosure by accused)—

(a) in subsection (1), for “(2) to” there is substituted “ (3A) and ”,

(b) subsections (2) and (3) are omitted, and

(c) in subsection (3A), in paragraph (b), for “subsection (7) of section 51” there is substituted “ subsection (1) of section 51D ”.

(4) In section 13 (time limits: transitional), in subsection (1), paragraphs (a) to (c) of the modified section 3(8) are omitted.

(5) In section 21 (common law rules as to disclosure), in subsection (3), for paragraphs (b) and (c) there is substituted—

(b) the accused is sent for trial (where this Part applies by virtue of section 1(2)(cc)),

(6) In section 28 (introduction to Part 3), in subsection (1)—

(a) for paragraph (a) there is substituted—

(a) on or after the appointed day the accused is sent for trial for the offence concerned,

, and

(b) paragraph (b) is omitted.

(7) In section 39 (meaning of pre-trial hearing), in subsection (1), for paragraph (a) there is substituted—

(a) after the accused has been sent for trial for the offence, and

(8) Section 68 (use of written statements and depositions at trial) and Schedule 2 (statements and depositions) shall cease to have effect.

Sexual Offences (Protected Material) Act 1997 (c. 39)

67

In section 9 of the Sexual Offences (Protected Material) Act 1997 (modification and amendment of certain enactments), subsection (1) is omitted.

Crime and Disorder Act 1998 (c. 37)

68

The Crime and Disorder Act 1998 is amended as follows.

69

In section 52 (provisions supplementing section 51)—

(a) in subsection (1), after “51” there is inserted “ or 51A ”,

(b) in subsection (3), after “51” there is inserted “ or 51A ”,

(d) in subsection (6), after “51” there is inserted “ or 51A ”, and

(e) in the heading, after “51” there is inserted “ and 51A ”.

70

In section 121 (short title, commencement and extent), in subsection (8), before “paragraphs 7(1)” there is inserted “ paragraph 3 of Schedule 3 to this Act, section 52(6) above so far as relating to that paragraph, ”.

71

In paragraph 3 of Schedule 3 (reporting restrictions)—

(a) in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great Britain” there is substituted “ the United Kingdom ”,

(b) in sub-paragraph (8), after paragraph (b) there is inserted—

(bb) where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;

(9A) The following is relevant business information for the purposes of sub-paragraph (8) above— (a) any address used by the accused for carrying on a business on his own account; (b) the name of any business which he was carrying on on his own account at any relevant time; (c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time; (d) the address of any such firm; (e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time; (f) the address of the registered or principal office of any such company; (g) any working address of the accused in his capacity as a person engaged by any such company; and here “engaged” means engaged under a contract of service or a contract for services.

, and

(d) after sub-paragraph (11) there is inserted—

(11A) Proceedings for an offence under this paragraph shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

72

In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in sub-paragraph (12), for the definition of “the relevant date” there is substituted—

“the relevant date” means the expiry of the period referred to in paragraph 1(1) above.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

73

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 27 (video recorded evidence in chief), subsection (10) is omitted.

(3) In section 42 (interpretation and application of section 41), in subsection (3)—

(a) paragraphs (a) and (b) are omitted, and

(b) in paragraph (c), after “51” there is inserted “ or 51A ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

74

(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 140 (enforcement of fines etc), in subsection (1)(b)—

(a) the words “was committed to the Crown Court to be tried or dealt with or by which he” are omitted, and

(b) after “51” there is inserted “ or 51A ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In Schedule 11, paragraph 9 is omitted.

Proceeds of Crime Act 2002 (c. 29)

75

(1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 6 (making of confiscation order), in subsection (2)(b), for “section 3, 4 or 6” there is substituted “ section 3, 3A, 3B, 3C, 4, 4A or 6 ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 70 (committal by magistrates' court), in subsection (5), after “way)” there is inserted “ or under section 3B(2) of that Act (committal of child or young person) ”.

SCHEDULE 4

Part 1 — List of offences

Offences Against the Person

Murder

1

Murder.

Attempted murder

2

An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.

Soliciting murder

3

An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

Manslaughter

4

Manslaughter.

Wounding or causing grievous bodily harm with intent

5

An offence under section 18 of the Offences against the Person Act 1861 (c. 100).

Kidnapping

6

Kidnapping.

Sexual Offences

Rape

7

An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).

Attempted rape

8

An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003.

Intercourse with a girl under thirteen

9

An offence under section 5 of the Sexual Offences Act 1956.

Incest by a man with a girl under thirteen

10

An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.

Assault by penetration

11

An offence under section 2 of the Sexual Offences Act 2003.

12

An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.

Rape of a child under thirteen

13

An offence under section 5 of the Sexual Offences Act 2003.

Attempted rape of a child under thirteen

14

An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.

Assault of a child under thirteen by penetration

15

An offence under section 6 of the Sexual Offences Act 2003.

Causing a child under thirteen to engage in sexual activity

16

An offence under section 8 of the Sexual Offences Act 2003 (c. 42) where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused.

Sexual activity with a person with a mental disorder impeding choice

17

An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section.

Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity

18

An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Drugs Offences

Unlawful importation of Class A drug

19

An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug

20

An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug

21

An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Producing or being concerned in production of Class A drug

22

An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Supplying or offering to supply Class A drug

23

An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Theft Offences

Robbery

24

An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).

Criminal Damage Offences

Arson endangering life

25

An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property

26

An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property

27

An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

28

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

Grave breaches of the Geneva Conventions

29

An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

30

An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

31

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security

Hijacking of aircraft

32

An offence under section 1 of the Aviation Security Act 1982 (c. 36).

Destroying, damaging or endangering the safety of an aircraft

33

An offence under section 2 of the Aviation Security Act 1982.

Hijacking of ships

34

An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).

Seizing or exercising control of fixed platforms

35

An offence under section 10 of the Aviation and Maritime Security Act 1990.

Destroying ships or fixed platforms or endangering their safety

36

An offence under section 11 of the Aviation and Maritime Security Act 1990.

Hijacking of Channel Tunnel trains

37

An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Seizing or exercising control of the Channel Tunnel system

38

An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Conspiracy

39

An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.

Part 2 — Supplementary

40

A reference in Part 1 of this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.

41

A reference in Part 1 of this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.

SCHEDULE 5

Part 1 — List of offences for England and Wales

Offences Against the Person

Murder

1

Murder.

Attempted murder

2

An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.

Soliciting murder

3

An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

Manslaughter

4

Manslaughter.

Kidnapping

5

Kidnapping.

Sexual Offences

Rape

6

An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).

Attempted rape

7

An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003.

Intercourse with a girl under thirteen

8

An offence under section 5 of the Sexual Offences Act 1956.

Incest by a man with a girl under thirteen

9

An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.

Assault by penetration

10

An offence under section 2 of the Sexual Offences Act 2003 (c. 42).

11

An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.

Rape of a child under thirteen

12

An offence under section 5 of the Sexual Offences Act 2003.

Attempted rape of a child under thirteen

13

An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.

Assault of a child under thirteen by penetration

14

An offence under section 6 of the Sexual Offences Act 2003.

Causing a child under thirteen to engage in sexual activity

15

An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused.

Sexual activity with a person with a mental disorder impeding choice

16

An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section.

Causing a person with a mental disorder impeding choice to engage in sexual activity

17

An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Drugs Offences

Unlawful importation of Class A drug

18

Unlawful exportation of Class A drug

19

An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug

20

An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Producing or being concerned in production of Class A drug

21

An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Criminal Damage Offences

Arson endangering life

22

An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property

23

An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property

24

An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

25

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

Grave breaches of the Geneva Conventions

26

An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

27

An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

28

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Conspiracy

29

An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.

Part 2 — List of offences for Northern Ireland

Offences Against the Person

Murder

30

Murder.

Attempted murder

31

An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.

Soliciting murder

32

An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

Manslaughter

33

Manslaughter.

Kidnapping

34

Kidnapping.

Sexual Offences

Rape

35

Rape.

Attempted rape

36

An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.

Intercourse with a girl under fourteen

37

An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.

Incest by a man with a girl under fourteen

38

An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.

Drugs Offences

Unlawful importation of Class A drug

39

Unlawful exportation of Class A drug

40

An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug

41

Producing or being concerned in production of Class A drug

42

An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in respect of a Class A drug (as defined by section 2 of that Act).

Criminal Damage Offences

Arson endangering life

43

An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property

44

An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property

45

An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

46

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

Grave breaches of the Geneva Conventions

47

An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

48

An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

49

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Conspiracy

50

An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Part of this Schedule.

Part 3 — Supplementary

51

A reference in this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.

52

A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.

SCHEDULE 6

1

Sections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.

2

Section 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of “charge sheet” for “written charge or indictment”.

3

(1) Section 107 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications.

(2) In subsection (1)—

(a) for a judge and jury substitute “ the Court Martial ”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, discharge the court. ”

(3) In subsection (2)—

(a) for “jury” substitute “ court ”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”.

(4) In subsection (3)—

(a) for paragraph (a) substitute—

(a) a court is required to determine under section 115B(2) of the Army Act 1955, section 167 of the Armed Forces Act 2006 whether a person charged with an offence did the act or made the omission charged,

;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c) for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, the dischargecourt.”

(5) For subsection (4) substitute—

(4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to discharge a court.

4

Section 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)—

(1) Where the court makes a relevant ruling— (a) it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before the Court Martial, in the absence of the other members of the court) its reasons for the ruling; (b) if it is the Summary Appeal Court or the Service Civilian Court, it must cause the ruling and the reasons for it to be entered in the note of the court’s proceedings.

5

Section 111 has effect as if the expression“rules of court” included rules regulating the practice and procedure of service courts.

6

In this Schedule “service court” means—

(a) the Court Martial;

(b) the Summary Appeal Court;

(d) the Court Martial Appeal Court.

SCHEDULE 7

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