10 Sending cases to Crown Court for trial
Judicial Review and Courts Act 2022 (2022 c 35) | Legislation

Transfer of cases between courts

10  Sending cases to Crown Court for trial

(1)     Section 51 of the Crime and Disorder Act 1998 (sending of adult defendants to Crown Court for trial) is amended as set out in subsections (2) to (5).

(2)     For subsection (1) substitute—

“(1)     Subsections (2A) and (2B) apply where—

(a)     a magistrates' court (“the court”) determines that any of the conditions set out in subsection (2) is met in relation to an offence with which a person has been charged, and

(b)     the accused is an adult.”

(3)     In subsection (2)(b)—

(a)     for the words from “section” to “25(2D)” substitute “any provision of Part 1”;

(b)      for “subsection (1) above” substitute “this section”.

(4)     After subsection (2) insert—

“(2A)     If the determination referred to in subsection (1)(a) is made while the accused is present before the court, the court must—

(a)     explain that the court is required to send the accused to the Crown Court for trial for the offence; and

(b)     so send the accused.

(2B)     Otherwise, the court must serve on the accused one or more documents which—

(a)     state the charge against the accused;

(b)     explain that

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