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Change 1
As published
130 Transfer of remand hearings.
(1) A magistrates’ court adjourning a case under section ... 10(1) , 17C , 18(4) or 24C above, and remanding the accused in custody, may, if he has attained the age of 17, order that he be brought up for any subsequent remands before an alternate magistrates’ court nearer to the prison where he is to be confined while on remand.
(2) The order shall require the accused to be brought before the alternate court at the end of the period of remand or at such earlier time as the alternate court may require.
(3) While the order is in force, the alternate court shall, to the exclusion of the court which made the order, have all of the following powers which that court would have had but for the order—
(a) powers in relation to further remand (whether in custody or on bail), and
(b) powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(4) The alternate court may, on remanding the accused in custody, require him to be brought before the court which made the order at the end of the period of remand or at such earlier time as that court may require; and, if the alternate court does so, or the accused is released on bail, the order under subsection (1) above shall cease to be in force.
(4A) Where a magistrates’ court is satisfied as mentioned in section 128(3A) above—
(a) subsection (1) above shall have effect as if for the words “he be brought up for any subsequent remands before” there were substituted the words “applications for any subsequent remands be made to”;
(b) subsection (2) above shall have effect as if for the words “the accused to be brought before” there were substituted the words “an application for a further remand to be made to” and
(c) subsection (4) above shall have effect as if for the words “him to be brought before” there were substituted the words “an application for a further remand to be made to”.
(5) Schedule 5 to this Act shall have effect to supplement this section.
Your change, as a redline
130 Transfer of remand hearings.
(1) A magistrates’ court adjourning a case under section ... 10(1) , 17C , 18(4) or 24C above, and remanding the accused in custody, may, if he has attained the age of 17, order that he be brought up for any subsequent remands before an alternate magistrates’ court nearer to the prison where he is to be confined while on remand.
(2) The order shall require the accused to be brought before the alternate court at the end of the period of remand or at such earlier time as the alternate court may require.
(3) While the order is in force, the alternate court shall, to the exclusion of the court which made the order, have all of the following powers which that court would have had but for the order—
(a) powers in relation to further remand (whether in custody or on bail), and
(b) powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(4) The alternate court may, on remanding the accused in custody, require him to be brought before the court which made the order at the end of the period of remand or at such earlier time as that court may require; and, if the alternate court does so, or the accused is released on bail, the order under subsection (1) above shall cease to be in force.
(4A) Where a magistrates’ court is satisfied as mentioned in section 128(3A) above—
(a) subsection (1) above shall have effect as if for the words “he be brought up for any subsequent remands before” there were substituted the words “applications for any subsequent remands be made to”;
(b) subsection (2) above shall have effect as if for the words “the accused to be brought before” there were substituted the words “an application for a further remand to be made to” and
(c) subsection (4) above shall have effect as if for the words “him to be brought before” there were substituted the words “an application for a further remand to be made to”.
(5) Schedule 5 to this Act shall have effect to supplement this section.
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