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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 822
Experience:  Solicitor with over 15 years experience.
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Can the Magistrate Court of one county where the very initial

Customer Question

Can the Magistrate Court of one county where the very initial case has been heard and the defendant said "Not Guilty" to the charges to the Prosecutor to the charges be transferred to the other county within the country as the defendant is alone and upon Doctor's advise she would like the defendant to go to her sister's residence and stay there. Due to her health reason she would like to have the crown court to transfer to the that county. Can this done as the Magistrate Court has only commenced yesterday
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Yes you can apply to change the location of the court hearing the case. The power to do so is under Magistrates’ Courts Act 1980, s 27A
Power to transfer criminal proceedings
27A.—(1) Where a person appears or is brought before a magistrates’ court—
(a) to be tried by the court for an offence, or
(b) for the court to inquire into the offence as examining justices, the court may transfer the matter to another magistrates’ court.
(2) The court may transfer the matter before or after beginning the trial or inquiry.
(3) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
(4) The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
The final bit means that any transfer needs to be done as part of the general trial management.
The decision is within the discretion of the court hearing the case at present and they will try to make a decision is in the interests of justice balancing the competing demands of the the Defendant and the witnesses in the case.
I hope this answers your question but please feel free to ask further questions.