Page:Magistrates’ Courts Act 1980.pdf/38

30c. 43

42.—(1) A justice of the peace shall not take part in trying the issue of an accused’s guilt on the summary trial of an information if in the course of the same proceedings the justice has been informed, for the purpose of determining whether the accused shall be granted bail, that he has one or more previous convictions.

(2) For the purposes of this section any committal proceedings from which the proceedings on the summary trial arose shall be treated as part of the trial.

43.—(1) On a person’s being taken into custody for an offence without a warrant, a police officer not below the rank of inspector, or the police officer in charge of the police station to which the person is brought, may, and, if it will not be practicable to bring him before a magistrates’ court within 24 hours after his being taken into custody, shall, inquire into the case and, unless the offence appears to the officer to be a serious one, grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before a magistrates’ court at such time and place as the officer appoints.

(2) Where a person has been granted bail under subsection (1) above, the magistrates’ court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him to that time.

(3) Where, on a person’s being taken into custody for an offence without a warrant, it appears to any such officer as aforesaid that the inquiry into the case cannot be completed forthwith, he may grant him bail in accordance with the Bail Act 1976 subject to a duty to appear at such a police station and at such a time as the officer appoints unless he previously receives a notice in writing from the officer in charge of that police station that his attendance is not required; and the recognizance of any surety for that person may be enforced as if it were conditioned for the appearance of that person before a magistrates’ court for the petty sessions area in which the police station named in the recognizance is situated.

(4) Where a person is taken into custody for an offence without a warrant and is retained in custody, he shall be brought before a magistrates’ court as soon as practicable.

44.—(1) A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried (whether or not he is charged as a principal) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him.