Clause 46 - Power to transfer criminal cases
Courts Bill [Lords]
12:00 pm
Mr Christopher Leslie (Parliamentary Under-Secretary, Department for Constitutional Affairs; Shipley, Labour)
Amendment No. 58, tabled by the hon. Member for Surrey Heath, would require a magistrates court to hear representations from all parties, including those representing the interests of the victim, lay and professional witnesses and defendants, before transferring a matter. The hon. Gentleman raised an important issue, and I would even go so far as to say that I am attracted to the sentiments behind the amendment. Nevertheless, I need to set out the fact that if a magistrates court decides of its own volition to transfer a case, the parties would have a right to be heard. Moreover, there would be practical difficulties with the amendment were it to be adopted.