Part 1 Principal Amendments
Criminal Justice Act 2003 (2003 c 44) | Legislation

SCHEDULE 3 Allocation of Cases Triable Either Way, and Sending Cases to the Crown Court etc

Section 41

Part 1 Principal Amendments

Magistrates' Courts Act 1980 (c 43)

1

The Magistrates' Courts Act 1980 is amended as follows.

2

(1)     Section 17A (initial indication as to plea) is amended as follows.

(2)     For paragraph (b) of subsection (4) there is substituted—

“(b)     he may (unless section 17D(2) below were to apply) be committed [for sentence] to the Crown Court under section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.”

(3)     After subsection (9) there is inserted—

“(10)     If in respect of the offence the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and the provisions of section 17B below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51 or, as the case may be, section 51A of that Act.”

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