Page:Criminal Law Act 1977.pdf/25

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 * (b) has begun to inquire into the case as examining justices on the footing that the case does so fall,

subsection (6) or (7) below, as the case may be, shall have effect.

(6) If, in a case falling within subsection (5)(a) above, it appears to the court at any time before the conclusion of the evidence for the prosecution that the case is after all one which under the said section 6(1) ought not to be tried summarily, the court may discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.

(7) If, in a case falling within subsection (5)(b) above, it appears to the court at any time during the inquiry that the case is after all one which under the said section 6(1) ought to be tried summarily, the court may proceed to try the information summarily.

26.—(1) Where—
 * (a) in the circumstances mentioned in section 24(1)(a) above the court is not satisfied that there is good reason for proceeding in the absence of the accused; or
 * (b) subsection (4)(b) or (5) of section 24 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 20(1) or 23(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. Penalties

27.—(1) Without prejudice to section 108 of the Magistrates’ Courts Act 1952 (consecutive terms of imprisonment), a magistrates’ court shall not have power to impose imprisonment for more than six months in respect of any one offence.