Part VII
enlarge his recognizance so that he is bound to secure that the person so committed for trial appears also before the Crown Court.
Transfer of remand hearings. 130.—(1) A magistrates’ court adjourning a case under section 5, 10(1) or 18(4) above, and remanding the accused in custody, may, if he has attained the age of 17, order that he be brought up for any subsequent remands before an alternate magistrates’ court nearer to the prison where he is to be confined while on remand.
(2) The order shall require the accused to be brought before the alternate court at the end of the period of remand or at such earlier time as the alternate court may require.
(3) While the order is in force, the alternate court shall, to the exclusion of the court which made the order, have all the powers in relation to further remand (whether in custody or on bail) and the grant of legal aid which that court would have had but for the order.
(4) The alternate court may, on remanding the accused in custody, require him to be brought before the court which made the order at the end of the period of remand or at such earlier time as that court may require; and, if the alternate court does so, or the accused is released on bail, the order under subsection (1) above shall cease to be in force.
(5) Schedule 5 to this Act shall have effect to supplement this section.
Remand of accused already in custody. 131.—(1) When a magistrates’ court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.
(2) But the court shall inquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.
(3) So long as he is detained under a custodial sentence, an application for him to be further remanded in custody may be made and determined without his appearance in court, provided that he is represented by counsel or a solicitor who signifies the accused’s consent to the application being heard in his absence.
Restrictions on imprisonment
Minimum term. 132. A magistrates’ court shall not impose imprisonment for less than 5 days.
