HC Deb 13 April 1994 vol 241 cc383-4

Amendments made: No. 191, in page 118, line 48, after 'shall' insert subject to subsection (10A) below,'.

No. 192, in page 118, line 51, at end insert— '(10A) Where the evidence discloses an offence other than that charged the court need not dismiss the charge but may amend it or substitute a different offence; and if the court does so the amended or substituted charge shall be treated as the charge the proceedings on which are to be transferred for trial.'.

No. 193, in page 119, line 7, after 'charges' insert 'on the same evidence'.

No. 194, in page 119, line 19, at end insert 'or has succeeded in relation to one or more but not all the charges,'.

No. 195, in page 119, line 22, after 'charges' insert 'or remaining charges'.

No. 196, in page 119, line 39, after 'case' insert `and of any documents referred to in it as having already been supplied to the magistrates' court on which it was served'.

No. 197, in page 119, line 40, after `made)' insert 'a copy'.

No. 198, in page 122, line 33, at end insert— ' "the 1976 Act" means the Bail Act 1976;'.

No. 350, in page 122, line 33, at end insert— ' "the 1968 Act" means the Firearms Act 1968;'.

No. 199, in page 123, line 28, at end insert—

`Bail Act 1976 (c. 63.)

. In section 3 of the 1976 Act (incidents of bail in criminal proceedings)—

  1. (a) in subsection (8) (variation and imposition of bail conditions by court), for the words from "committed" to "trial or" there shall be substituted the words "released a 384 person on bail on transferring proceedings against him to the Crown Court for trial or has committed him on bail to the Crown Court"; and
  2. (b) in subsection (8A), for the words "committed on bail" there shall be substituted the words "released on bail on the transfer of proceedings against him."

No. 351, in page 123, line 28, at end insert—

'Firearms Act 1968 (c. 27.) . In paragraph 3(3) of Part H of Schedule 6 to the 1968 Act (trial of certain offences under that Act)—

  1. (a) after the word "If' there shall be inserted the words ", under section 6 of the said Act of 1980,";
  2. (b) for the words from "determines" to "for trial" there shall be substituted the words "dismisses the charge against the accused";
  3. (c) in sub-subparagraph (a), for the words from "inquire" to "justices" there shall be substituted the words "proceed with a view to transferring for trial proceedings for the listed offence";
  4. (d) in sub-subparagraph (b)—
    1. (i) for the words "inquire into" there shall be substituted the words "proceed in respect of'; and
    2. (ii) for the words from "its inquiry" to "justices" there shall be substituted the words "a view to transferring for trial proceedings for that offence."'.

No. 201, in page 126, line 6, at end insert— `. In section 129 of the 1980 Act (further remand), in subsection (4)—

  1. (a) for the words from "commits" to "bail" there shall be substituted the words "releases a person on bail on transferring proceedings against him to the Crown Court for trial"; and
  2. (b) for the words "so committed" there shall be substituted the words "in respect of whom proceedings have been transferred."'.

No. 200, in page 128, line 43, at end insert— '.—(1) Schedule 3 to the 1988 Act (enforcement of contribution orders) shall be amended as follows.

(2) In paragraph 1(b)—

  1. (a) for the words from "who" to "by a magistrates' court)" there shall be substituted the words "against whom proceedings were transferred for trial or who was committed for sentence"; and
  2. (b) for the words "committed him" there shall be substituted the words "transferred the proceedings against him or committed him for sentence."

(3) In paragraph 9(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—

"(i) in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or."

(4) In paragraph 10(2)(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—

"(i) in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or."'.—[Mr. Maclean.]

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