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Change 1
As published
8A Power to make rulings at pre-trial hearing
(1) For the purposes of this section a hearing is a pre-trial hearing if—
(a) it relates to an information—
(i) which is to be tried summarily, and
(ii) to which the accused has pleaded not guilty, and
(b) it takes place before the start of the trial.
(2) For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins—
(a) to hear evidence from the prosecution at the trial, or
(b) to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).
(3) At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if—
(a) the condition in subsection (5) is met,
(b) the court has given the parties an opportunity to be heard, and
(c) it appears to the court that it is in the interests of justice to make the ruling.
(4) The matters are—
(a) any question as to the admissibility of evidence;
(b) any other question of law relating to the case.
(5) The condition is that, if the accused is not legally represented . . . —
(a) the court must ask whether he wishes to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and
(b) if he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it.
(6) A ruling may be made under this section—
(a) on an application by a party to the case, or
(b) of the court’s own motion.
(7) For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.
Your change, as a redline
8A Power to make rulings at pre-trial hearing
(1) For the purposes of this section a hearing is a pre-trial hearing if—
(a) it relates to an information—
(i) which is to be tried summarily, and
(ii) to which the accused has pleaded not guilty, and
(b) it takes place before the start of the trial.
(2) For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins—
(a) to hear evidence from the prosecution at the trial, or
(b) to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).
(3) At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if—
(a) the condition in subsection (5) is met,
(b) the court has given the parties an opportunity to be heard, and
(c) it appears to the court that it is in the interests of justice to make the ruling.
(4) The matters are—
(a) any question as to the admissibility of evidence;
(b) any other question of law relating to the case.
(5) The condition is that, if the accused is not legally represented . . . —
(a) the court must ask whether he wishes to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and
(b) if he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it.
(6) A ruling may be made under this section—
(a) on an application by a party to the case, or
(b) of the court’s own motion.
(7) For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.
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