OpenLegislation

Paragraph 26 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.

(2)

The court may adjourn the hearing, and, where it does so, may—

(a)

direct that the offender be released forthwith, or

(b)

remand the offender.

(3)

Where the court remands the offender under sub-paragraph (2)—

(a)

it must fix the time and place at which the hearing is to be resumed, and

(b)

that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)

Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)

it may fix the time and place at which the hearing is to be resumed, but

(b)

if it does not do so, it must not resume the hearing unless it is satisfied that—

(i)

the offender, and

(ii)

any officer of a provider of probation services who the court considers has an interest in the proceedings,

have had adequate notice of the time and place for the resumed hearing.

(5)

The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(6)

This paragraph—

(a)

applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)

is not to be taken to affect the application of that section to hearings of any other description.

Annotations

Commencement

I1

Sch. 10 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 10

Textual amendments

F1

Word in Sch. 10 heading inserted (11.5.2026) by Sentencing Act 2026 (c. 2), ss. 38(5)(a), 49(1) (with s. 38(6)); S.I. 2026/402, reg. 2(d)

Modifications

C1

Sch. 10 applied (with modifications) by 2006 c. 52, s. 182(3)(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

Sch. 10 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3

Sch. 10 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4

Sch. 10 modified by 2006 c. 52, s. 181 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C5

Sch. 10 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C6

Sch. 10 applied (with modifications) by 2006 c. 52, Sch. 6A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)