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Criminal Law Act 1977 (Remand Hearings)

Volume 12: debated on Wednesday 11 November 1981

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asked the Secretary of State for the Home Department what use is made of section 41 of the Criminal Law Act 1977, allowing remand hearings to be transferred to a court nearer the prison where the prisoner is held; and whether he will take steps to increase its use, in the light of the overcrowding in Brixton and other remand prisons.

Section 41 of the Criminal Law Act 1977 has now been superseded by section 130 of the Magistrates' Courts Act 1980. A recent survey has shown that it is used "quite often" by only a small number of courts. Magistrates' courts are encouraged to use the provision where the journey from the prison to court would otherwise be lengthy or inconvenient or where it could involve a significant security risk. The results of the survey are being examined to see whether further guidance could usefully be given to courts but the use of the section must be limited by the availability of time in courts near to prisons.