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Part 6E+WAllocation and sending of offences

41Allocation of offences triable either way, and sending cases to Crown CourtE+W

Schedule 3 (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court) shall have effect.

Commencement Information

I1S. 41 partly in force; s. 41 not in force at Royal Assent, see s. 336(3); s. 41 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 3 (subject to art. 2(2), Sch. 2); s. 41 in force for certain further purposes at 18.5.2012 by S.I. 2012/1320, art. 2(a); s. 41 in force for certain further purposes at 18.6.2012 by S.I. 2012/1320, arts. 3(a),4(1)(a)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

I2S. 41 in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(a)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

I3S. 41 in force at 28.5.2013 for specified purposes by S.I. 2013/1103, art. 2(1)(a)(2)(3) (with arts. 3, 4)

42Mode of trial for certain firearms offences: transitory arrangementsE+W

(1)The Magistrates' Courts Act 1980 is amended as follows.

(2)In section 24 (summary trial of information against child or young person for indictable offence)—

(a)in subsection (1), for “homicide” there is substituted “ one falling within subsection (1B) below ”,

(b)in subsection (1A)(a), for “of homicide” there is substituted “ falling within subsection (1B) below ”,

(c)after subsection (1A), there is inserted—

(1B)An offence falls within this subsection if—

(a)it is an offence of homicide; or

(b)each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—

(i)the offence; and

(ii)the person charged with it,

if he were convicted of the offence.

(3)In section 25 (power to change from summary trial to committal proceedings and vice versa), in subsection (5), for “homicide” there is substituted “ one falling within section 24(1B) above ”.