Page:Criminal Law Act 1977.pdf/38

34c. 45

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 sub- section (1) above shall cease to be in force.

(5) Schedule 8 to this Act shall have effect to supplement this section.

42.—(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 enquire 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.

43. The provisions of section 12(1) of the Juries Act 1974 shall be amended so as to substitute in paragraph (a) thereof “three” for “seven”.

44. In section 2 of the Criminal Appeal Act 1968 and in section 9 of the Criminal Appeal (Northern Ireland) Act 1968 (grounds for allowing appeals) in subsection (1)(a) (cases where the verdict of the jury is unsafe or unsatisfactory) for the words “verdict of the jury” there shall be substituted the word “conviction”.

45.—(1) Where a person who has attained the age of seventeen (“the offender”) has been convicted by a magistrates' court (“the convicting court”) of an offence to which this section applies (“the instant offence”) and—
 * (a) it appears to the convicting court that some other magistrates’ court (“the other court”) has convicted him of another such offence in respect of which the other court has neither passed sentence on him nor committed him to the Crown Court for sentence nor dealt with him in any other way; and