Courts Act 2003 (c. 39)

Part 3 E+W Magistrates' courts

Criminal jurisdiction and procedure E+W

46 Power to transfer criminal cases E+W

(1) After section 27 of the 1980 Act insert—

“Transfer of criminal proceedings E+W

27A Power to transfer criminal proceedings

(1) Where a person appears or is brought before a magistrates' court—

(a) to be tried by the court for an offence, or

(b) for the court to inquire into the offence as examining justices,

the court may transfer the matter to another magistrates' court.

(2) The court may transfer the matter before or after beginning the trial or inquiry.

(3) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(4) The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.”

(2) Omit section 3B of the 1980 Act (transfer of trials of summary offences).