sec.115Process of clerk of the court for registry committal

### sec.115 Process of clerk of the court for registry committal The functions of the clerk of the court for a registry committal do not include considering or deciding whether the evidence before the clerk of the court is sufficient to put the defendant on trial for the indictable offence. However, if under a registry committal a clerk of the court orders a defendant who is an individual to be committed to be tried for an indictable offence, the clerk of the court must give notice to the defendant to the same effect as the warning required to be given to a defendant under section 104 (5) . The notice under subsection (2) may be given electronically. Nothing in this part is taken to require the defendant or any other party to appear at a registry committal. A registry committal must be conducted by the clerk of the court on the basis of the charges of indictable offences as agreed to by the prosecution and the defence. For the purposes of subsection (5) , the clerk of the court has the same power a magistrate would have to amend, including to withdraw, charges to ensure the defendant is committed for trial or for sentence on charges as agreed, rather than charges on which the defendant may have initially been brought before the court. Subsection (8) applies if the parties agree that circumstances applying in relation to a registry committal are circumstances that— for a committal for trial under section 108 , would permit the making of an order under section 108 (2) ; or for a committal for sentence under section 113 , would permit the making of an order under section 113 (4) . The clerk of the court must make an order for committal for trial or sentence of the type mentioned in subsection (7) . An order under subsection (8) has effect as if it were an order of justices ordering the committal of the defendant for trial or sentence under section 108 or 113 as appropriate. The functions of the clerk of the court for a registry committal do not include remanding the defendant in custody, or any function in relation to bail. If, immediately before the registry committal, the defendant is subject to an order made under section 84 (1) providing for the remand of the defendant, section 88B provides for the automatic continuation of the order. If, immediately before the registry committal, the defendant is on bail, the Bail Act 1980 , section 34BA provides for the automatic continuation of the defendant’s bail. s 115 prev s 115 amd 1922 13 Geo 5 No. 2 s 6; 1949 13 Geo 6 No. 30 s 19 sub 1964 No. 32 s 47 om 1980 No. 35 s 4 (1) sch 1 pres s 115 ins 2010 No. 26 s 89 amd 2017 No. 6 s 57 (sec.115-ssec.1) The functions of the clerk of the court for a registry committal do not include considering or deciding whether the evidence before the clerk of the court is sufficient to put the defendant on trial for the indictable offence. (sec.115-ssec.2) However, if under a registry committal a clerk of the court orders a defendant who is an individual to be committed to be tried for an indictable offence, the clerk of the court must give notice to the defendant to the same effect as the warning required to be given to a defendant under section 104 (5) . (sec.115-ssec.3) The notice under subsection (2) may be given electronically. (sec.115-ssec.4) Nothing in this part is taken to require the defendant or any other party to appear at a registry committal. (sec.115-ssec.5) A registry committal must be conducted by the clerk of the court on the basis of the charges of indictable offences as agreed to by the prosecution and the defence. (sec.115-ssec.6) For the purposes of subsection (5) , the clerk of the court has the same power a magistrate would have to amend, including to withdraw, charges to ensure the defendant is committed for trial or for sentence on charges as agreed, rather than charges on which the defendant may have initially been brought before the court. (sec.115-ssec.7) Subsection (8) applies if the parties agree that circumstances applying in relation to a registry committal are circumstances that— for a committal for trial under section 108 , would permit the making of an order under section 108 (2) ; or for a committal for sentence under section 113 , would permit the making of an order under section 113 (4) . (sec.115-ssec.8) The clerk of the court must make an order for committal for trial or sentence of the type mentioned in subsection (7) . (sec.115-ssec.9) An order under subsection (8) has effect as if it were an order of justices ordering the committal of the defendant for trial or sentence under section 108 or 113 as appropriate. (sec.115-ssec.10) The functions of the clerk of the court for a registry committal do not include remanding the defendant in custody, or any function in relation to bail. If, immediately before the registry committal, the defendant is subject to an order made under section 84 (1) providing for the remand of the defendant, section 88B provides for the automatic continuation of the order. If, immediately before the registry committal, the defendant is on bail, the Bail Act 1980 , section 34BA provides for the automatic continuation of the defendant’s bail. - (a) for a committal for trial under section 108 , would permit the making of an order under section 108 (2) ; or - (b) for a committal for sentence under section 113 , would permit the making of an order under section 113 (4) . - 1 If, immediately before the registry committal, the defendant is subject to an order made under section 84 (1) providing for the remand of the defendant, section 88B provides for the automatic continuation of the order. - 2 If, immediately before the registry committal, the defendant is on bail, the Bail Act 1980 , section 34BA provides for the automatic continuation of the defendant’s bail.