Sch. 12
- jurisdiction to try summarily an indictable offence in any case in which under subsection (3) above it would have jurisdiction as examining justices.”.
2. In section 14(4), for the words from “if” to “examining justices” (which state the circumstances in which a court adjourning the trial of an information is obliged to remand the accused) substitute “if the offence is triable either way and—
- (a) on the occasion on which the accused first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or
- (b) the accused has been remanded at any time in the course of proceedings on the information;”.
3. In section 22 (effect of dismissal of information for indictable offence), for the words from “that” to “only” substitute “triable either way”.
4. In section 23 (using in summary trial evidence given before examining justices), for “the preceding provisions of this Act” substitute “section 25(3) or (7) of the Criminal Law Act 1977”.
5. In section 29 (committal for sentence for indictable offence tried summarily), for the words from the beginning to “indictable offence” substitute “Where on the summary trial of an offence triable either way (not being an offence as regards which this section is excluded by section 29 of the Criminal Law Act 1977)”.
6. In section 35 (aiders and abettors), before the words “A person” insert “(1)” and at the end add—
- “(2) Any offence consisting in aiding, abetting, counselling or procuring the commission of an offence triable either way (other than an offence listed in Schedule 3 to the Criminal Law Act 1977) shall by virtue of this subsection be triable. either way.”.
7.—(1) In section 87(2) (time-limit of fourteen days for applying to magistrates’ court to state a case) for “fourteen days” substitute “twenty-one days”.
(2) Sub-paragraph (1) above shall not apply in relation to a decision of a magistrates’ court given before the coming into force of this paragraph.
8. In section 98(3)(b) (requirements as to place of sitting of magistrates’ court exercising certain functions) for “an offence that is not indictable” substitute “a summary offence”.
9. In section 105(4) proviso (c) (power of magistrates’ court to remand for more than eight days if not constituted or sitting in a place allowing it to proceed to summary trial of an offence triable either way), for the words from “on indictment” to “but” substitute “either way, then, if it falls to the court to try the case summarily but the court”.
10. In section 108(2) (power of a magistrates’ court to impose consecutive terms of imprisonment for an indictable offence tried