(1) A person convicted by a magistrates’ court may appeal to the Crown Court—
(a) if he pleaded guilty, against his sentence;
(b) if he did not, against the conviction or sentence.
(1A) Section 82 of the Sentencing Code (under which a conviction of an offence for which ... an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.
(2) A person sentenced by a magistrates’ court for an offence in respect of which ... an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.
(2A) A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).
(3) In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an order for the payment of costs;
(c) an order under ... section 37(1) of the Animal Welfare Act 2006 (which enables a court to order the destruction of an animal); or
(d) an order made in pursuance of any enactment under which the court has no discretion as to the making of the order or its terms
and also includes a declaration of relevance, within the meaning of section 23 of the Football Spectators Act 1989.
(4) Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 42 of the Sentencing Code.
(5) Subsection (3) does not prevent an appeal against an order under section 46 of the Sentencing Code (criminal courts charge).
(1) Where notice to abandon an appeal has been duly given by the appellant—
(a) the court against whose decision the appeal was brought may issue process for enforcing that decision, subject to anything already suffered or done under it by the appellant; and
(b) the said court may, on the application of the other party to the appeal, order the appellant to pay to that party such costs as appear to the court to be just and reasonable in respect of expenses properly incurred by that party in connection with the appeal before notice of the abandonment was given to that party.
(2) In this section “appeal” means an appeal from a magistrates’ court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates’ court to have been given in accordance with rules of court .
After the determination by the Crown Court of an appeal from a magistrates’ court the decision appealed against as confirmed or varied by the Crown Court, or any decision of the Crown Court substituted for the decision appealed against, may, without prejudice to the powers of the Crown Court to enforce the decision, be enforced—
(a) by the issue by the court by which the decision appealed against was given of any process that it could have issued if it had decided the case as the Crown Court decided it;
(b) so far as the nature of any process already issued to enforce the decision appealed against permits, by that process;
and the decision of the Crown Court shall have effect as if it had been made by the magistrates’ court against whose decision the appeal is brought.
(1) Any person who was a party to any proceeding before a magistrates’ court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved; but a person shall not make an application under this section in respect of a decision against which he has a right of appeal to the High Court or which by virtue of any enactment passed after 31st December 1879 is final.
(2) An application under subsection (1) above shall be made within 21 days after the day on which the decision of the magistrates’ court was given.
(3) For the purpose of subsection (2) above, the day on which the decision of the magistrates’ court is given shall, where the court has adjourned the trial of an information after conviction, be the day on which the court sentences or otherwise deals with the offender.
(4) On the making of an application under this section in respect of a decision any right of the applicant to appeal against the decision to the Crown Court shall cease.
(5) If the justices are of opinion that an application under this section is frivolous, they may refuse to state a case, and, if the applicant so requires, shall give him a certificate stating that the application has been refused; but the justices shall not refuse to state a case if the application is made by or under the direction of the Attorney General.
(6) Where justices refuse to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the justices to state a case.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111A Appeals on ground of error of law etc in child support proceedings
(1) This section applies in relation to proceedings under the Child Support Act 1991 in a magistrates' court.
(2) Any person who was a party to any proceeding before the court, or is aggrieved by the order, determination or other proceeding of the court, may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by appealing to the family court.
(3) But a person may not appeal under subsection (2) in respect of a decision if-
(a) the person has a right of appeal to the county court or the family court against the decision otherwise than under this section, or
(b) the decision is final by virtue of any enactment passed after 31st December 1879.
(4) A notice of appeal under subsection (2) shall be filed within 21 days after the day on which the decision of the magistrates' court was given.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112 Effect of decisions made on case stated or on appeal
[(1)] Any conviction, order, determination or other proceeding of a magistrates’ court varied by the High Court on an appeal by case stated, and any judgment or order of the High Court on such an appeal, may be enforced as if it were a decision of the magistrates’ court from which the appeal was brought.
(2) Any order, determination or other proceeding of a magistrates' court varied by the family court on an appeal under section 111A, and any judgment or order of the family court on such an appeal, may be enforced as if it were a decision of the magistrates' court from which the appeal was brought.
(1) Where a person has given notice of appeal to the Crown Court against the decision of a magistrates’ court or has applied to a magistrates’ court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates’ court may , subject to section 25 of the Criminal Justice and Public Order Act 1994, grant him bail.
(2) If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be—
(a) if he has given notice of appeal, the Crown Court at the time appointed for the hearing of the appeal;
(b) if he has applied for the statement of a case, the magistrates’ court at such time within 10 days after the judgment of the High Court has been given as may be specified by the magistrates’ court;
and any recognizance that may be taken from him or from any surety for him shall be conditioned accordingly.
(3) Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 above or section 14, 15, 16 , 16A or 17 of the Sentencing Code.
(4) Section 37(6) of the Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates’ court under this section pending the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the Criminal Justice Act 1967.
Justices to whom application has been made to state a case for the opinion of the High Court on any proceeding of a magistrates’ court shall not be required to state the case until the applicant has entered into a recognizance, with or without sureties, before the magistrates’ court, conditioned to prosecute the appeal without delay and to submit to the judgment of the High Court and pay such costs as that Court may award; and (except in any criminal matter) a designated officer for the court shall not be required to deliver the case to the applicant until the applicant has paid the fees payable for the case and for the recognizances to the designated officer ....
115 Binding over to keep the peace or be of good behaviour.
(1) The power of a magistrates’ court on the complaint of any person to adjudge any other person to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour towards the complainant shall be exercised by order on complaint.
(2) Where a complaint is made under this section, the power of the court to remand the defendant under subsection (5) of section 55 above shall not be subject to the restrictions imposed by subsection (6) of that section.
(3) If any person ordered by a magistrates’ court under subsection (1) above to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order.
116 Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.
(1) On complaint being made to a justice of the peace . . . by a surety to a recognizance to keep the peace or to be of good behaviour entered into before a magistrates’ court that the person bound by the recognizance as principal has been, or is about to be, guilty of conduct constituting a breach of the conditions of the recognizance, the justice may. . . issue a warrant to arrest the principal and bring him before a magistrates’ court . . . or a summons requiring the principal to appear before such a court; but the justice shall not issue a warrant unless the complaint is in writing and substantiated on oath.
(2) The magistrates’ court before which the principal appears or is brought in pursuance of such a summons or warrant as aforesaid may, unless it adjudges the recognizance to be forfeited, order the recognizance to be discharged and order the principal to enter into a new recognizance, with or without sureties, to keep the peace or to be of good behaviour.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A justice of the peace on issuing a warrant for the arrest of any person may grant him bail by endorsing the warrant for bail, that is to say, by endorsing the warrant with a direction in accordance with subsection (2) below.
(1A) Subsection (1) is subject to section 115(1) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge).
(2) A direction for bail endorsed on a warrant under subsection (1) above shall—
(a) in the case of bail in criminal proceedings, state that the person arrested is to be released on bail subject to a duty to appear before such magistrates’ court and at such time as may be specified in the endorsement;
(b) in the case of bail otherwise than in criminal proceedings, state that the person arrested is to be released on bail on his entering into such a recognizance (with or without sureties) conditioned for his appearance before a magistrates’ court as may be specified in the endorsement;
and the endorsement shall fix the amounts in which any sureties and, in a case falling within paragraph (b) above, that person is or are to be bound.
(3) Where a warrant has been endorsed for bail under subsection (1) above—
(a) where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance; and
(b) where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.
118 Varying or dispensing with requirement as to sureties.
(1) Subject to subsection (2) below, where a magistrates’ court has committed a person to custody in default of finding sureties, the court may, on application by or on behalf of the person committed, and after hearing fresh evidence, reduce the amount in which it is proposed that any surety should be bound or dispense with any of the sureties or otherwise deal with the case as it thinks just.
(2) Subsection (1) above does not apply in relation to a person granted bail in criminal proceedings.
(1) Where a magistrates’ court has power to take any recognizance, the court may, instead of taking it, fix the amount in which the principal and his sureties, if any, are to be bound; and thereafter the recognizance may be taken by any such person as may be prescribed.
(2) Where, in pursuance of this section, a recognizance is entered into otherwise than before the court that fixed the amount of it, the same consequences shall follow as if it had been entered into before that court; and references in this or any other Act to the court before which a recognizance was entered into shall be construed accordingly.
(3) Nothing in this section shall enable a magistrates’ court to alter the amount of a recognizance fixed by the High Court or the Crown Court.
(1) This section applies where—
(a) a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court; or
(b) any recognizance is conditioned for the appearance of a person before a magistrates’ court, or for his doing any other thing connected with a proceeding before a magistrates’ court.
(1A) If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates’ court, the accused fails to appear in accordance with the condition, the court shall—
(a) declare the recognizance to be forfeited;
(b) issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound;
and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.
(2) If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates’ court to be forfeited, the court may—
(a) declare the recognizance to be forfeited; and
(b) adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound;
but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint.
(3) The court which declares the recognizance to be forfeited may, instead of adjudging any person to pay the whole sum in which he is bound, adjudge him to pay part only of the sum or remit the sum.
(4) Payment of any sum adjudged to be paid under this section, including any costs awarded against the defendant, may be enforced, and any such sum shall be applied, as if it were a fine and as if the adjudication were a summary conviction of an offence not punishable with imprisonment and so much of section 85(1) above as empowers a court to remit fines shall not apply to the sum but so much thereof as relates to remission after a term of imprisonment has been imposed shall so apply; but at any time before the issue of a warrant of commitment to enforce payment of the sum, or before the sale of goods under a warrant of control to satisfy the sum, the court may remit the whole or any part of the sum either absolutely or on such conditions as the court thinks just.
(5) A recognizance such as is mentioned in this section shall not be enforced otherwise than in accordance with this section, and accordingly shall not be transmitted to the Crown Court nor shall its forfeiture be certified to that Court.
(1) A magistrates’ court shall not try an information summarily or hear a complaint except when composed of at least 2 justices unless the trial or hearing is one that by virtue of any enactment may take place before a single justice.
(2) A magistrates’ court shall not hold an inquiry into the means of an offender for the purposes of section 82 above or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment except when composed of at least 2 justices.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is—
(a) trying summarily an information for an indictable offence,
(b) trying an information for a summary offence,
(c) imposing imprisonment,
(d) hearing a complaint, or
(e) holding an inquiry into the means of an offender for the purposes of section 82.
(5) A magistrates’ court composed of a single justice . . . , shall not impose imprisonment for a period exceeding 14 days or order a person to pay more than £1.
(5A) A magistrates' court that is trying a summary offence in accordance with section 16A is restricted to the following in dealing with the accused for the offence—
(a) imposing a fine;
(b) imposing a penalty under section 102(3)(aa) of the Customs and Excise Management Act 1979 or section 29, 35A or 37 of the Vehicle Excise and Registration Act 1994 (penalties imposed for certain offences in relation to vehicle excise licences);
(c) ordering an amount to be paid under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);
(d) making an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders);
(e) ordering payment of a surcharge under section 42 of the Sentencing Code (victim surcharge);
(f) making an order as to costs to be paid by the accused to the prosecutor under section 18 of the Prosecution of Offences Act 1985;
(g) making an order as to costs to be paid by the accused by virtue of section 19 of the Prosecution of Offences Act 1985;
(h) ordering payment of a charge under section 46 of the Sentencing Code (criminal courts charge);
(i) making an order under section 30A of the Road Traffic Offenders Act 1988 (order to disregard penalty points if approved course attended);
(j) making an order under section 34 or 35 of the Road Traffic Offenders Act 1988 (disqualification from driving);
(k) making an order under section 44 of the Road Traffic Offenders Act 1988 (endorsement of a driving record);
(l) making an application to the Secretary of State by virtue of section 24(1)(a) of the Criminal Justice Act 1991 (benefit deductions);
(m) making an attachment of earnings order under Part 3 of Schedule 5 to the Courts Act 2003;
(n) making an application for benefits deductions to the Secretary of State under Part 3 of Schedule 5 to the Courts Act 2003;
(o) making a collection order under Part 4 of Schedule 5 to the Courts Act 2003;
(p) discharging the accused absolutely or conditionally.
(5B) The limit in subsection (5) does not apply to fines imposed as described in subsection (5A).
(6) Subject to the provisions of subsection (7) below, the justices composing the court before which any proceedings take place shall be present during the whole of the proceedings; but, if during the course of the proceedings any justice absents himself, he shall cease to act further therein and, if the remaining justices are enough to satisfy the requirements of the preceding provisions of this section, the proceedings may continue before a court composed of those justices.
(7) Where the trial of an information is adjourned after the accused has been convicted and before he is sentenced or otherwise dealt with, the court which sentences or deals with him need not be composed of the same justices as that which convicted him; but, where among the justices composing the court which sentences or deals with an offender there are any who were not sitting when he was convicted, the court which sentences or deals with the offender shall before doing so make such inquiry into the facts and circumstances of the case as will enable the justices who were not sitting when the offender was convicted to be fully acquainted with those facts and circumstances.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A party to any proceedings before a magistrates’ court may be represented by a legal representative.
(2) Subject to subsection(3) below, an absent party so represented shall be deemed not to be absent.
(3) Appearance of a party by a legal representative shall not satisfy any provision of any enactment or any condition of a recognizance expressly requiring his presence.
(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 ”.
(1) A warrant of arrest issued by a justice of the peace shall remain in force until it is executed or withdrawn or it ceases to have effect in accordance with rules of court.
(2) A warrant of arrest, warrant of commitment, warrant of detention, warrant of control or search warrant issued by a justice of the peace may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies to a warrant of control issued by a justice of the peace.
(2) The person to whom it is directed must endorse the warrant as soon as possible after receiving it.
(3) For the purposes of this section a person endorses a warrant by inserting on the back the date and time when he received it.
(4) No fee may be charged for endorsing a warrant under this section.
(1) A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.
(2) In this section “civilian enforcement officer”, in relation to a warrant, means a person who—
(a) is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and
(b) is authorised in the prescribed manner to execute warrants.
(3) The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or control issued by a justice of the peace—
(a) under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor . . . ; or
(b) for the enforcement of a court order of any description so specified.
(3A) Subsection (1) also applies to any warrant of control issued under Schedule 5 to the Courts Act 2003 by a court or fines officer.
(4) Where a warrant has been executed by a civilian enforcement officer, a written statement indicating—
(a) the name of the officer;
(b) the authority by which he is employed; and
(c) that he is authorised in the prescribed manner to execute warrants,
shall, on the demand of the person arrested, committed or detained or , in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
(5) The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales—
(a) by an individual who is an approved enforcement agency;
(b) by a director of a company which is an approved enforcement agency;
(c) by a partner in a partnership which is an approved enforcement agency; or
(d) by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.
(2) In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved by the Lord Chancellor .
(2A) The Lord Chancellor must maintain a register containing the names of all persons and bodies approved by him under subsection (2) and must make such arrangements as he considers appropriate for making the register available for inspection.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or , in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
(5) The matters referred to in subsection (4) above are—
(a) the name of the person by whom the warrant was executed;
(b) if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;
(c) if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and
(d) the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained by the Lord Chancellor under subsection (2A) .
(6) A decision by the Lord Chancellor to revoke the approval of a person or body under subsection (2) does not have effect to revoke the approval until the Lord Chancellor has informed the person or body of the decision.
125BA Powers of persons authorised under section 125A or 125B
Schedule 4A to this Act, which confers powers on persons authorised under section 125A or 125B for the purpose of executing warrants for the enforcement of fines and other orders, shall have effect.
125C Disclosure of information for enforcing warrants.
(1) Basic personal information held by a relevant public authority may, on the application of the designated officer for a magistrates' court, be supplied by the authority to him ... for the purpose of facilitating the enforcement of a section 125A(1) warrant which is so specified.
(2) In this section—
“basic personal information” means a person’s name, date of birth or national insurance number or the address (or any of the addresses) of a person;
“relevant public authority” means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and
“a section 125A(1) warrant” means a warrant to which section 125A(1) above applies . . .
(3) Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to—
(a) any person entitled to execute the warrant;
(b) any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or
(c) any ... person appointed under section 2(1) of the Courts Act 2003.
(4) A person who intentionally or recklessly—
(a) discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or
(b) uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,
commits an offence.
(5) But it is not an offence under subsection (4) above—
(a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b) to disclose any information which has previously been lawfully disclosed to the public.
(6) A person guilty of an offence under subsection (4) above is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(7) The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A magistrates' court may make a disclosure order if satisfied that it is necessary to do so for the purpose of executing a warrant to which this section applies.
(2) This section applies to a warrant of arrest, commitment, detention or control issued by a justice of the peace in connection with the enforcement of a fine or other order imposed or made on conviction.
(3) A disclosure order is an order requiring the person to whom it is directed to supply the designated officer for the court with any of the following information about the person to whom the warrant relates—
(a) his name, date of birth or national insurance number;
(b) his address (or any of his addresses).
(4) A disclosure order may be made only on the application of a person entitled to execute the warrant.
(5) This section applies to the Crown as it applies to other persons.
125CB Use of information supplied under disclosure order
(1) Information supplied to a person under a disclosure order, or under this subsection, may be supplied by him to—
(a) the applicant for the order or any other person entitled to execute the warrant concerned;
(b) any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant;
(c) any ... person appointed under section 2(1) of the Courts Act 2003.
(2) A person who intentionally or recklessly—
(a) discloses information supplied under a disclosure order otherwise than as permitted by subsection (1) above, or
(b) uses information so supplied otherwise than for the purpose of facilitating the execution of the warrant concerned,
commits an offence.
(3) But it is not an offence under subsection (2) above—
(a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b) to disclose any information which has previously been lawfully disclosed to the public.
(4) A person guilty of an offence under subsection (2) above is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(5) In this section “disclosure order” has the meaning given by section 125CA(3) above.
125D Execution by person not in possession of warrant.
(1) A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.
(2) A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.
(3) Subsection (2) above applies to—
(a) a warrant to arrest a person in connection with an offence;
(b) a warrant under section 313, 314 or 317 of the Armed Forces Act 2006;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) a warrant under section 47(8) of the Family Law Act 1996 (failure to comply with occupation order or non-molestation order);
(e) a warrant under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998 (unwilling witnesses);
(f) a warrant under paragraph 3(2) of Schedule 4 to the Sentencing Code (offenders referred to court by youth offender panel); and
(g) a warrant under section 55, 76, 93, 97 or 97A above.
(4) Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or , in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.
126 Execution of certain warrants outside England and Wales.
Section 13(1) and (2) of the Indictable Offences Act 1848 (which relate, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of warrants of arrest for the offences referred to in those sections) shall, so far as applicable, apply to—
(a) warrants of arrest issued under section 1 above for offences other than indictable offences ;
(b) warrants of arrest issued under section 13 above;
(c) warrants of arrest issued under section 97 above other than warrants issued in bastardy proceedings to arrest a witness;. . .
(cc) warrants of arrest issued under section 97A above;
(d) warrants of commitment issued under this Act ;and
(e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998; and
(f) warrants of arrest issued under paragraph 3(2) of Schedule 4 to the Sentencing Code (offender referred to court by youth offender panel).
(1) Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
(2) Nothing in—
(a) subsection (1) above; or
(b) subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,
shall apply in relation to any indictable offence.
(3) Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).
(4) Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.
(1) Where a magistrates’ court has power to remand any person, then, subject to section 4 of the Bail Act 1976 and to any other enactment modifying that power, the court may—
(a) remand him in custody, that is to say, commit him to custody to be brought before the court , subject to subsection (3A) below, at the end of the period of remand or at such earlier time as the court may require; or
(b) where it is ... trying an offence alleged to have been committed by that person or has convicted him of an offence, remand him on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear as provided in subsection (4) below; or
(c) except in a case falling within paragraph (b) above, remand him on bail by taking from him a recognizance (with or without sureties) conditioned as provided in that subsection;
and may, in a case falling within paragraph (c) above, instead of taking recognizances in accordance with that paragraph, fix the amount of the recognizances with a view to their being taken subsequently in accordance with section 119 above.
(1A) Where—
(a) on adjourning a case under section ... 10(1) , 17C , 18(4) or 24C above the court proposes to remand or further remand a person in custody; and
(b) he is before the court; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) he is legally represented in that court,
it shall be the duty of the court—
(i) to explain the effect of subsections (3A) and (3B) below to him in ordinary language; and
(ii) to inform him in ordinary language that, notwithstanding the procedure for a remand without his being brought before a court, he would be brought before a court for the hearing and determination of at least every fourth application for his remand, and of every application for his remand heard at a time when it appeared to the court that he had no legal representativeacting for him in the case.
(1B) For the purposes of subsection (1A) above a person is to be treated as legally represented in a court if, but only if, he has the assistance of a legal representative to represent him in the proceedings in that court.
(1C) After explaining to an accused as provided by subsection (1A) above the court shall ask him whether he consents to hearing and determination of such applications in his absence.
(2) Where the court fixes the amount of a recognizance under subsection (1) above or section 8(3) of the Bail Act 1976 with a view to its being taken subsequently the court shall in the meantime commit the person so remanded to custody in accordance with paragraph (a) of the said subsection (1).
(3) Where a person is brought before the court after remand, the court may further remand him.
(3A) Subject to subsection (3B) below, where a person has been remanded in custody and the remand was not a remand under section 128A below for a period exceeding 8 clear days,, the court may further remand him (otherwise than in the exercise of the power conferred by that section) on an adjournment under section ... 10(1) , 17C, 18(4) or 24C above without his being brought before it if it is satisfied—
(a) that he gave his consent, either in response to a question under subsection (1C) above or otherwise, to the hearing and determination in his absence of any application for his remand on an adjournment of the case under any of those provisions; and
(b) that he has not by virtue of this subsection been remanded without being brought before the court on more than two such applications immediately preceding the application which the court is hearing; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) that he has not withdrawn his consent to their being so heard and determined.
(3B) The court may not exercise the power conferred by subsection (3A) above if it appears to the court, on an application for a further remand being made to it, that the person to whom the application relates has no legal representative acting for him in the case (whether present in court or not).
(3C) Where—
(a) a person has been remanded in custody on an adjournment of a case under section ... 10(1) , 17C , 18(4) or 24C above; and
(b) an application is subsequently made for his further remand on such an adjournment; and
(c) he is not brought before the court which hears and determines the application; and
(d) that court is not satisfied as mentioned in subsection (3A) above,
the court shall adjourn the case and remand him in custody for the period for which it stands adjourned.
(3D) An adjournment under subsection (3C) above shall be for the shortest period that appears to the court to make it possible for the accused to be brought before it.
(3E) Where—
(a) on an adjournment of a case under section ... 10(1) , 17C , 18(4) or 24C above a person has been remanded in custody without being brought before the court; and
(b) it subsequently appears—
(i) to the court which remanded him in custody; or
(ii) to an alternate magistrates’ court to which he is remanded under section 130 below,
that he ought not to have been remanded in custody in his absence, the court shall require him to be brought before it at the earliest time that appears to the court to be possible.
(4) Where a person is remanded on bail under subsection (1) above the court may, where it remands him on bail in accordance with the Bail Act 1976 direct him to appear or, in any other case, direct that his recognizance be conditioned for his appearance—
(a) before that court at the end of the period of remand; or
(b) at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned;
and, where it remands him on bail conditionally on his providing a surety during an inquiry into an offence alleged to have been committed by him, may direct that the recognizance of the surety be conditioned to secure that the person so bailed appears—
(c) at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned and also before the Crown Court in the event of the person so bailed being committed for trial there.
(5) Where a person is directed to appear or a recognizance is conditioned for a person’s appearance in accordance with paragraph (b) or (c) of subsection (4) above, the fixing at any time of the time for him next to appear shall be deemed to be a remand; but nothing in this subsection or subsection (4) above shall deprive the court of power at any subsequent hearing to remand him afresh.
(6) Subject to the provisions of sections 128A and 129 below, a magistrates’ court shall not remand a person for a period exceeding 8 clear days, except that—
(a) if the court remands him on bail, it may remand him for a longer period if he and the other party consent;
(b) where the court adjourns a trial under section 10(3) above or section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, the court may remand him for the period of the adjournment;
(c) where a person is charged with an offence triable either way, then, if it falls to the court to try the case summarily but the court is not at the time so constituted, and sitting in such a place, as will enable it to proceed with the trial, the court may remand him until the next occasion on which it will be practicable for the court to be so constituted, and to sit in such a place, as aforesaid, notwithstanding that the remand is for a period exceeding 8 clear days.
(7) A magistrates’ court having power to remand a person in custody may, if the remand is for a period not exceeding 3 clear days, commit him to detention at a police station.
(8) Where a person is committed to detention at a police station under subsection (7) above—
(a) he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;
(b) if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases;
(c) he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;
(d) his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).
(1) The Secretary of State may by order made by statutory instrument provide that this section shall have effect—
(a) in an area specified in the order; or
(b) in proceedings of a description so specified,
in relation to any accused person (“the accused”) . . ..
(2) A magistrates’ court may remand the accused in custody for a period exceeding 8 clear days if—
(a) it has previously remanded him in custody for the same offence; and
(b) he is before the court,
but only if, after affording the parties an opportunity to make representations, it has set a date on which it expects that it will be possible for the next stage in the proceedings, other than a hearing relating to a further remand in custody or on bail, to take place, and only—
(i) for a period ending not later than that date; or
(ii) for a period of 28 clear days,
whichever is the less.
(3) Nothing in this section affects the right of the accused to apply for bail during the period of the remand.
(4) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.
(1) If a magistrates’ court is satisfied that any person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time; and section 128(6) above shall not apply.
(2) Notwithstanding anything in section 128(1) above, the power of a court under subsection (1) above to remand a person on bail for a further time—
(a) where he was granted bail in criminal proceedings, includes power to enlarge the recognizance of any surety for him to a later time;
(b) where he was granted bail otherwise than in criminal proceedings, may be exercised by enlarging his recognizance and those of any sureties for him to a later time.
(3) Where a person remanded on bail is bound to appear before a magistrates’ court at any time and the court has no power to remand him under subsection (1) above, the court may in his absence—
(a) where he was granted bail in criminal proceedings, appoint a later time as the time at which he is to appear and enlarge the recognizances of any sureties for him to that time;
(b) where he was granted bail otherwise than in criminal proceedings, enlarge his recognizance and those of any sureties for him to a later time;
and the appointment of the time or the enlargement of his recognizance shall be deemed to be a further remand.
(4) Where a magistrates’ court sends a person to the Crown Court for trial on bail and the recognizance of any surety for him has been conditioned in accordance with paragraph (a) of subsection (4) of section 128 above the court may, in the absence of the surety, enlarge his recognizance so that he is bound to secure that the person so sent for trial appears also before the Crown Court.
(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.
(1) When a magistrates’ court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.
(2) But the court shall inquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to section 225 of the Sentencing Code, a magistrates’ court imposing imprisonment or youth custody on any person may order that the term of imprisonment or youth custody shall commence on the expiration of any other term of imprisonment or youth custody imposed by that or any other court; but where a magistrates’ court imposes two or more terms of imprisonment or youth custody to run consecutively the aggregate of such terms shall not, subject to the provisions of this section, exceed the longest term that could be imposed in respect of any one of the offences for which a term of imprisonment is being imposed.
(2) If two or more of the terms imposed by the court are imposed in respect of an offence triable either way which was tried summarily otherwise than in pursuance of section 22(2) above, the aggregate of the terms so imposed and any other terms imposed by the court may exceed the longest term otherwise permitted by subsection (1) (if less than 12 months) but shall not, subject to the following provisions of this section, exceed 12 months.
(2A) In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.
(3) The limitations imposed by the preceding subsections shall not operate to reduce the aggregate of the terms that the court may impose in respect of any offences below the term which the court has power to impose in respect of any one of those offences.
(4) Where a person has been sentenced by a magistrates’ court to imprisonment and a fine for the same offence, a period of imprisonment imposed for non-payment of the fine, or for want of sufficient goods to satisfy the fine, shall not be subject to the limitations imposed by the preceding subsections.
(5) For the purposes of this section a term of imprisonment shall be deemed to be imposed in respect of an offence if it is imposed as a sentence or in default of payment of a sum adjudged to be paid by the conviction or for want of sufficient goods to satisfy such a sum.
135 Detention of offender for one day in court-house or police station.
(1) A magistrates’ court that has power to commit to prison a person convicted of an offence, or would have that power but for section 82 or 88 above, may order him to be detained within the precincts of the court-house or at any police station until such hour, not later than 8 o’clock in the evening of the day on which the order is made, as the court may direct, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
(2) A court shall not make such an order under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day of the order.
(3) This section shall have effect in relation to a person aged 18 or over but less than 21 as if references in it to prison were references to detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default).
136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction.
(1) A magistrates’ court that has power to commit to prison a person in default of payment of a sum adjudged to be paid by a summary conviction, or would have that power but for section 82 or 88 above, may issue a warrant for his detention in a police station, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
(2) A warrant under this section —
(a) shall authorise the person executing itto arrest the defaulter and take him to a police station, and
(b) shall require the officer in charge of the station to detain him there until 8 o’clock in the morning of the day following that on which he is arrested, or, if he is arrested between midnight and 8 o’clock in the morning, until 8 o’clock in the morning of the day on which he is arrested.
(3) Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o’clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient.
(4) This section shall have effect in relation to a person aged 18 or over but less than 21 as if references in it to prison were references to detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default).