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SECOND GROUP OF PARTSU.K.Provisions applying to sentencing courts generally

PART 2 E+WPowers exercisable before passing sentence

CHAPTER 3E+WRemission to youth court or other magistrates' court for sentence

29Remission by magistrates' court: adjournment, remand and appealE+W

(1)This section applies where a magistrates' court (“the remitting court”) remits an offender under section 25, 27 or 28 to another magistrates' court (“the other court”) to be dealt with in respect of an offence.

(2)The remitting court must adjourn proceedings in relation to the offence.

(3)Any remand enactment has effect, in relation to the remitting court's power or duty to remand the offender on that adjournment, as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the other court.

(4)In this section, “remand enactment” means section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) or any other enactment, whenever passed or made, relating to remand or the granting of bail in criminal proceedings; and for this purpose—

(a)enactment” includes an enactment contained in any order, regulation or other instrument having effect by virtue of an Act, and

(b)bail in criminal proceedings” has the same meaning as in the Bail Act 1976.

(5)The offender has no right of appeal against the order of remission.

This does not affect any right of appeal against an order made in respect of the offence by the other court.

Commencement Information

I1S. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2