Section 76: Committal Sending for trial: alteration of place of trial.

Senior Courts Act 1981 · 1981 c. 54View on legislation.gov.uk

Part III: PRACTICE AND PROCEDURE — : The Crown Court

Without prejudice to the provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions, or further directions, altering the place of any trial on indictment, whether by varying the decision of a magistrates' court under section 7 of the Magistrates' Courts Act 1980 or by substituting some other place for the place specified in a notice under a relevant transfer provision (notices of transfer from magistrates' court to Crown Court) substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a "section 51D notice") or by varying a previous decision of the Crown Court.

Directions under subsection (1) may be given on behalf of the Crown Court by an officer of the court.

Where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987, directions altering the place of trial may be given under subsection (1) at any time before the time when the jury are sworn.

The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates' court, as specified in a notice under a relevant transfer provision specified in a section 51D notice or as fixed by the Crown Court, may apply to the Crown Court for a direction, or further direction, varying the place of trial; and the court shall take the matter into consideration and may comply with or refuse the application, or give a direction not in compliance with the application, as the court thinks fit.

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In this section "relevant transfer provision" means—

section 4 of the Criminal Justice Act 1987, or
section 53 of the Criminal Justice Act 1991.

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