Page:Magistrates’ Courts Act 1980.pdf/89

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140. Subject to any enactment relating to customs or excise, anything other than money forfeited on a conviction by a magistrates’ court or the forfeiture of which may be enforced by a magistrates’ court shall be sold or otherwise disposed of in such manner as the court may direct; and the proceeds shall be applied as if they were a fine imposed under the enactment on which the proceedings for the forfeiture are founded. Clerks to justices

141.—(1) Any reference in this Act to a clerk of any magistrates’ court shall be construed as a reference to the clerk to the justices for the petty sessions area for which the court is acting, or was acting at the relevant time.

(2) Where there is more than one clerk to the justices for any petty sessions area, anything that this Act requires or authorises to be done by or to the clerk to the justices shall or may be done by or to any of the clerks or by or to such of the clerks as the magistrates’ courts committee having power over the appointment of clerks to justices for that area generally or in any particular case or cases may direct.

(3) Subsections (1) and (2) above shall apply to the justices’ clerks for the inner London area as if the reference in subsection (2) to the magistrates’ courts committee were a reference to the committee of magistrates. Power to rectify mistakes etc.

142.—(1) Subject to subsection (4) below, a magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.

(2) Where a person is found guilty by a magistrates’ court in a case in which he has pleaded not guilty or the court has proceeded in his absence under section 11(1) above, and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may, subject to subsection (4) below, so direct.

(3) Where a court gives a direction under subsection (2) above—
 * (a) the finding of guilty and any sentence or other order imposed or made in consequence thereof shall be of no effect; and
 * (b) section 10(4) above shall apply as if the trial of the person in question had been adjourned.