SCHEDULES

SCHEDULE 9E+WM1 Amendments of Magistrates’ Courts Act 1980 relating to remands in custody

Marginal Citations

3E+WThe following subsections shall be inserted after the said subsection (1)—

(1A)Where—

(a)on adjourning a case under section 5, 10(1) or 18(4)above the court proposes to remand or further remand a person in custody; and

(b)he is before the court; and

(c)he has attained the age of 17; and

(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 solicitor acting 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 counsel or a solicitor to represent him in the proceedings in that court.

(1C)After explaining to an accused as provided by sub-section (1A) above the court shall ask him whether he consents to the hearing and determination of such applications in his absence..