Change 1 Article Choose an article Title and introductory text 1 Issue of summons to accused or warrant for his arrest. 2 Trial of summary offences 3 Offences committed on boundaries, etc. 3A Offences committed on ships and abroad. 3B Transfer of trials of summary offences. 4 General nature of committal proceedings. 5 Adjournment of inquiry. 5A Evidence which is admissible. 5B Written statements. 5C Depositions. 5D Statements. 5E Other documents. 5F Proof by production of copy. 6 Discharge or committal for trial. 7 Place of trial on indictment. 8 Restrictions on reports of commital proceedings. 8A Power to make rulings at pre-trial hearing 8B Effect of rulings at pre-trial hearing 8C Restrictions on reporting 8D Offences in connection with reporting 9 Procedure on trial. 10 Adjournment of trial. 11 Non-appearance of accused: general provisions. 12 Non-appearance of accused: plea of guilty. 12A Application of section 12 where accused appears. 13 Non-appearance of accused: issue of warrant. 14 Proceedings invalid where accused did not know of them. 15 Non-appearance of prosecutor. 16 Non-appearance of both parties. 16A Trial by single justice on the papers 16B Cases not tried in accordance with section 16A 16C Cases that cease to be tried in accordance with section 16A 16D Sections 16B and 16C: further provision 16E Accused not aware of single justice procedure notice 16F Admissibility of statements 16G The automatic online conviction option 16H Conviction 16I Penalties and other liabilities 16J Regulations about penalties etc under section 16I 16K Timing and status of conviction and penalty 16L Notice of conviction and penalty 16M Powers to set aside a conviction or replace a penalty etc 17 Certain offences triable either way. 17A Initial procedure: accused to indicate intention as to plea. 17B Intention as to plea: absence of accused. 17C Intention as to plea: adjournment. 17D Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences 17E Functions under sections 17A to 17D capable of exercise by single justice 18 Initial procedure on information against adult for offence triable either way. 19 Decision as to allocation 20 Procedure where summary trial appears more suitable 20A Procedure where summary trial appears more suitable: supplementary 21 Procedure where trial on indictment appears more suitable 22 Certain offences triable either way to be tried summarily if value involved is small. 22A Low-value shoplifting to be a summary offence 23 Power of court, with consent of legally represented accused, to proceed in his absence. 24 Summary trial of information against child or young person for indictable offence. 24A Child or young person to indicate intention as to plea in certain cases 24B Intention as to plea by child or young person: absence of accused 24C Intention as to plea by child or young person: adjournment 24D Functions under sections 24A to 24C capable of exercise by single justice 25 Power to change from summary trial to committal proceedings, and vice versa. 26 Power to issue summons to accused in certain circumstances. 27 Effect of dismissal of information for offence triable either way. 27A Power to transfer criminal proceedings 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Power of magistrates’ court to remit a person under 17 for trial to a youth court in certain circumstances. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Penalties on summary conviction for offences triable either way. 33 Maximum penalties on summary conviction in pursuance of section 22. 34 Mitigation of penalties, etc. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36A Alterations of names of petty sessions areas in inner London area. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Restriction on grant of bail in treason. 42 Restriction on justices sitting after dealing with bail. 43 Bail on arrest. 43A Functions of magistrates’ court where a person in custody is brought before it with a view to his appearance before the Crown Court. 43B Power to grant bail where police bail has been granted. 44 Aiders and abettors. 45 Incitement. 46 Corporations. 47 Service of summons out of time after failure to prove service by post. 48 Return of property taken from accused. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Construction of references to complaint in enactments dealing with offences. 51 Issue of summons on complaint 52 Jurisdiction to deal with complaints. 53 Procedure on hearing. 54 Adjournment and stays 55 Non-appearance of defendant. 56 Non-appearance of complainant. 57 Non-appearance of both parties. 57A Power to transfer civil proceedings (other than family proceedings) 58 Money recoverable summarily as civil debt. 59 Orders for periodical payment: means of payment. 59A Orders for periodical payment: proceedings by designated officer. 59B Maintenance orders: penalty for breach. 60 Revocation, variation, etc. of orders for periodical payment. 61 Periodical payments payable by one person under more than one order. 62 Provisions as to payments required to be made to a child, etc. 63 Orders other than for payment of money. 64 Power to award costs and enforcement of costs. 65 Meaning of domestic proceedings. 65A Meaning of family procedure rules 66 Composition of magistrates’ courts for family proceedings: general. 67 Family proceedings courts. 68 Combined domestic court panels. 68A Power of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings 69 Sittings of magistrates’ courts for domestic proceedings. 70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings. 71 Newspaper reports of domestic proceedings. 72 Report by probation officer on means of parties. 73 Examination of witnesses by court. 74 Reasons for decisions in domestic proceedings. 75 Power to dispense with immediate payment. 76 Enforcement of sums adjudged to be paid. 77 Postponement of issue of warrant. 78 Defect in distress warrant and irregularity in its execution. 79 Release from custody and reduction of detention on payment. 80 Application of money found on defaulter to satisfy sum adjudged. 81 Enforcement of fines imposed on young offenders. 82 Restriction on power to impose imprisonment for default. 83 Process for securing attendance of offender . . . . 84 Power to require statement of assets and other financial circumstances . 85 Power to remit fine. 85A Variation of instalments of sum adjudged to be paid by conviction. 86 Power of magistrates’ court to fix day for appearance of offender at means inquiry etc. 87 Enforcement of payment of fines by High Court and county court. 87A Fines imposed on companies. 88 Supervision pending payment. 89 Transfer of fine order. 90 Transfer of fines to Scotland or Northern Ireland. 91 Transfer of fines from Scotland or Northern Ireland. 92 Restriction on power to impose imprisonment for default. 93 Complaint for arrears. 94 Effect of committal on arrears. 94A Interest on arrears. 95 Remission of arrears and manner in which arrears to be paid. 96 Civil debt: complaint for non-payment. 96A Application of Part III to persons aged 17 to 20. 97 Summons to witness and warrant for his arrest. 97A Summons or warrant as to committal proceedings. 98 Evidence on oath. 99 Proof of non-payment of sum adjudged. 100 Statement of wages to be evidence. 101 Onus of proving exceptions, etc. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc. 104 Proof of previous convictions. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 False written statements tendered in evidence. 107 False statements in declaration proving service, etc. 108 Right of appeal to the Crown Court. 109 Abandonment of appeal. 110 Enforcement of decision of the Crown Court. 111 Statement of case by magistrates’ court. 111A Appeals on ground of error of law etc in child support proceedings 112 Effect of decisions made on case stated or on appeal 113 Bail on appeal or case stated. 114 Recognizances and fees on case stated. 115 Binding over to keep the peace or be of good behaviour. 116 Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety. 117 Warrant endorsed for bail. 118 Varying or dispensing with requirement as to sureties. 119 Postponement of taking recognizance. 120 Forfeiture of recognizance. 121 Constitution and place of sitting of court. 122 Appearance by counsel or solicitor. 123 Defect in process. 124 Process valid notwithstanding death, etc., of justice. 125 Warrants. 125ZA Warrants of control 125A Civilian enforcement officers. 125B Execution by approved enforcement agency. 125BA Powers of persons authorised under section 125A or 125B 125C Disclosure of information for enforcing warrants. 125CA Power to make disclosure order 125CB Use of information supplied under disclosure order 125D Execution by person not in possession of warrant. 126 Execution of certain warrants outside England and Wales. 127 Limitation of time. 128 Remand in custody or on bail. 128A Remands in custody for more than eight days. 129 Further remand. 130 Transfer of remand hearings. 131 Remand of accused already in custody. 132 Minimum term. 133 Consecutive terms of imprisonment. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Detention of offender for one day in court-house or police station. 136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction. 137 Fees. 138 Remission of fees 139 Disposal of sums adjudged to be paid by conviction. 140 Disposal of non-pecuniary forfeitures. 141 Clerks to justices. 142 Power of magistrates’ court to re-open cases to rectify mistakes etc. 143 Power to alter sums specified in certain provisions. 144 ... Rules of procedure. 144A Rules to be made if required by Lord Chancellor 145 Rules: supplementary provisions. 145A Rules: costs order against legal representative. 146 Rules relating to youth court panels and composition of youth courts. 147 Occasional court-house. 148 “Magistrates’ court”. 149 Isles of Scilly. 150 Interpretation of other terms. 151 Application of Act to distress for rates. 152 Saving for juvenile courts. 153 Magistrates’ court may sit on Sundays and public holidays. 154 Consequential amendments, transitional provisions, repeals, etc. 155 Short title, extent and commencement. SCHEDULE 1 OFFENCES TRIABLE EITHER WAY BY VIRTUE OF SECTION 17 SCHEDULE 2 OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL SCHEDULE 3 CORPORATIONS SCHEDULE 4 MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT SCHEDULE 4A Powers of authorised officers executing warrants SCHEDULE 5 TRANSFER OF REMAND HEARINGS SCHEDULE 6 Schedule 6A FINES THAT MAY BE ALTERED UNDER SECTION 143 SCHEDULE 7 CONSEQUENTIAL AMENDMENTS SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS SCHEDULE 9 REPEALS
What to do with it
As published
123 Defect in process.
(1) No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.
(2) If it appears to a magistrates’ court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.
(3) In the application of this section to proceedings conducted in accordance with section 16A—
(a) a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and
(b) subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “ is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A ”.
Your wording
Your change, as a redline
123 Defect in process.
(1) No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.
(2) If it appears to a magistrates’ court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.
(3) In the application of this section to proceedings conducted in accordance with section 16A—
(a) a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and
(b) subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “ is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A ”.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.