(1) Proceedings with a view to the summary conviction of a person upon a
charge of an offence defined in this Act or for an examination of witnesses in
relation to an indictable offence defined in this Act shall be before a
magistrate.
(1A) However, any justice may adjourn such proceedings and may
grant or refuse bail.
(2) Where an offence may be prosecuted on indictment or
summarily the proceedings before a magistrate shall be proceedings with a view
to the committal of the defendant for trial or sentence unless the prosecution
elects that they shall be proceedings with a view to summary conviction.
(3)
Where proceedings have been commenced against a person upon a charge of a
crime defined in part 2 a magistrate has jurisdiction to hear and determine
the proceedings with a view to the summary conviction of the person upon the
charge, notwithstanding that the proceedings have commenced more than 1 year
after the matter to which the charge relates arose.
(3A) Proceedings with a
view to the summary conviction of a person upon a charge of an offence defined
in this Act may be heard and determined at a place appointed for the holding
of Magistrates Courts in any district appointed for the purpose of Magistrates
Courts under the Justices Act 1886or in any division deemed to be such a
district, regardless of where the offence was committed.
(3B) Subsection (3A)
shall not be construed to confer jurisdiction in a case to which the
Justices Act 1886, section 139(3) or the Bail Act 1980, section 33A applies
except in accordance with whichever of those sections is applicable.
(4)
Where proceedings are taken with a view to summary conviction of a defendant
and the magistrate forms the opinion that the charge ought to be prosecuted on
indictment, the magistrate shall abstain from determining the charge summarily
and shall instead deal with the proceedings as proceedings with a view to the
committal of the defendant for trial or sentence.
(5) Where, pursuant to
subsection (4) , the magistrate abstains from determining summarily
proceedings in respect of a charge—
(a) the plea of the defendant taken at
the outset of the hearing shall be disregarded; and
(b) the evidence adduced
in the proceedings before the magistrate’s decision to abstain shall be
deemed to be evidence in the proceedings with a view to the committal of the
defendant for trial or sentence; and
(c) before committing the defendant for
trial or sentence the magistrate shall address the defendant in accordance
with the Justices Act 1886, section 104.