Part I
- (b) subsection (4)(b) or (5) of section 23 or subsection (2) or (6) of section 25 above applies, and the court adjourns the hearing in pursuance of that subsection without remanding the accused,
the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court.
(2) If the accused is not present at the time and place appointed—
- (a) in a case within subsection (1)(a) above, for the proceedings under section 19(1) or 22(1) above, as the case may be; or
- (b) in a case within subsection (1)(b) above, for the resumption of the hearing,
the court may issue a warrant for his arrest.
Effect of dismissal of information for offence triable either way. 27. Where on the summary trial of an information for an offence triable either way the court dismisses the information, the dismissal shall have the same effect as an acquittal on indictment.
Using in summary trial evidence given in committal proceedings. 28. Where under section 25(3) or (7) above a magistrates’ court, having begun to inquire into an information as examining justices, proceeds to try the information summarily, then, subject to sections 102(9) and 103(3) below, any evidence already given before the court shall be deemed to have been given in and for the purposes of the summary trial.
Power to remit person under 17 for trial to juvenile court
Power of magistrates’ court to remit a person under 17 for trial to a juvenile court in certain circumstances. 29.—(1) Where—
- (a) a person under the age of 17 (“the juvenile”) appears or is brought before a magistrates’ court other than a juvenile court on an information jointly charging him and one or more other persons with an offence; and
- (b) that other person, or any of those other persons, has attained that age,
subsection (2) below shall have effect notwithstanding proviso (a) in section 46(1) of the 1933 c. 12.Children and Young Persons Act 1933 (which would otherwise require the charge against the juvenile to be heard by a magistrates’ court other than a juvenile court).
In the following provisions of this section “the older accused” means such one or more of the accused as have attained the age of 17.
