Page:Magistrates’ Courts Act 1980.pdf/31

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(2) Where on an adjournment under subsection (1) above the accused is remanded on bail, the court shall impose conditions under paragraph (d) of section 3(6) of the Bail Act 1976 and the requirements imposed as conditions under that paragraph shall be or shall include requirements that the accused—
 * (a) undergo medical examination by a duly qualified medical practitioner or, where the inquiry is into his mental condition and the court so directs, two such practitioners; and
 * (b) for that purpose attend such an institution or place, or on such practitioner, as the court directs and, where the inquiry is into his mental condition, comply with any other directions which may be given to him for that purpose by any person specified by the court or by a person of any class so specified.

(3) The Costs in Criminal Cases Act 1973 shall apply to a duly qualified medical practitioner who makes a report otherwise than in writing for the purposes of this section as it applies to a person called to give evidence, and shall so apply notwithstanding that the proceedings for the purposes of which the report is made are not proceedings to which section 1 of that Act applies. Powers in respect of offenders

31.—(1) Without prejudice to section 133 below, a magistrates’ court shall not have power to impose imprisonment for more than 6 months in respect of any one offence.

(2) Unless expressly excluded, subsection (1) above shall apply impose even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment for more than 6 months.

(3) Any power of a magistrates’ court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient distress to satisfy a fine, shall not be limited by virtue of subsection (1) above.

(4) In subsection (3) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

32.—(1) On summary conviction of any of the offences triable either way listed in Schedule 1 to this Act a person shall be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding the prescribed sum or both, except that—
 * (a) a magistrates’ court shall not have power to impose imprisonment for an offence so listed if the Crown