Section 46ZA Remitting proceedings to magistrates’ courts for trialF1

England and Wales

(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).

Annotations

Textual amendments

F1: S. 46ZA inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 11(1), 51(1)

Notes on the whole Act

Textual amendments

F1: Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
F2: Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)