Page:Criminal Law Act 1977.pdf/42

38c. 45


 * (b) for requiring a magistrates’ court, if satisfied that any requirement imposed by virtue of paragraph (a) above has not been complied with, to adjourn the proceedings pending compliance with that requirement unless the court is satisfied that the conduct of the case for the accused will not be substantially prejudiced by non-compliance with the requirement.

(2) Rules made by virtue of subsection (1)(a) above—
 * (a) may require the prosecutor to do as provided in the rules either—
 * (i) in all cases; or
 * (ii) only if so requested by or on behalf of the accused;
 * (b) may exempt facts and matters of any prescribed description from any requirement imposed by the rules, and may make the opinion of the prosecutor material for the purposes of any such exemption; and
 * (c) may make different provision with respect to different offences or offences of different classes.

(3) It shall not be open to a person convicted of an offence to appeal against the conviction on the ground that a requirement imposed by virtue of subsection (1) above was not complied with by the prosecutor.

49. After section 34 of the Powers of Criminal Courts Act 1973 there shall be inserted—
 * 34A.—(1) Where—
 * (a) the Crown Court imposes a fine on a person or forfeits his recognizance;
 * (b) the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs);
 * (c) the Crown Court makes against a person any such order as is mentioned in paragraph 12 of that Schedule (fines etc. payable by parents or guardians) other than an order under section 35 of this Act; or
 * (d) on the determination of an appeal brought by a person under section 83 of the Magistrates’ Courts Act 1952 a sum is payable
 * (d) on the determination of an appeal brought by a person under section 83 of the Magistrates’ Courts Act 1952 a sum is payable