Criminal Justice and Public Order Act 1994 (c. 33)

(The document as of February, 2008)

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(4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 198 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.

(5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence. " .

Ticket touts

166 Sale of tickets by unauthorised persons

(1) It is an offence for an unauthorised person to sell, or offer or expose for sale, a ticket for a designated football match in any public place or place to which the public has access or, in the course of a trade or business, in any other place.

(2) For this purpose--

(a) a person is "unauthorised" unless he is authorised in writing to sell tickets for the match by the home club or by the organisers of the match;

(b) a "ticket" means anything which purports to be a ticket; and

(c) a "designated football match" means a football match, or football match of a description, for the time being designated under section 1(1) of the [1991 c. 19.] Football (Offences) Act 1991.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (g) inserted by section 85(2) of this Act there shall be inserted the following paragraph--

" (h) an offence under section 166 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons); " .

(5) Section 32 of the Police and Criminal Evidence Act 1984 (search of persons and premises (including vehicles) upon arrest) shall have effect, in its application in relation to an offence under this section, as if the power conferred on a constable to enter and search any vehicle extended to any vehicle which the constable has reasonable grounds for believing was being used for any purpose connected with the offence.

(6) The Secretary of State may by order made by statutory instrument apply this section, with such modifications as he thinks fit, to such sporting event or category of sporting event for which 6,000 or more tickets are issued for sale as he thinks fit.

(7) An order under subsection (6) above may provide that--

(a) a certificate (a "ticket sale certificate") signed by a duly authorised officer certifying that 6,000 or more tickets were issued for sale for a sporting event is conclusive evidence of that fact;

(b) an officer is duly authorised if he is authorised in writing to sign a ticket sale certificate by the home club or the organisers of the sporting event; and

(c) a document purporting to be a ticket sale certificate shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

(8) Where an order has been made under subsection (6) above, this section also applies, with any modifications made by the order, to any part of the sporting event specified or described in the order, provided that 6,000 or more tickets are issued for sale for the day on which that part of the event takes place.

Taxi touts

167 Touting for hire car services

(1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.

(2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.

(3) No offence is committed under this section where soliciting persons to hire licensed taxis is permitted by a scheme under section 10 of the [1985 c. 67.] Transport Act 1985 (schemes for shared taxis) whether or not supplemented by provision made under section 13 of that Act (modifications of the taxi code).

(4) It is a defence for the accused to show that he was soliciting for passengers for public service vehicles on behalf of the holder of a PSV operator's licence for those vehicles whose authority he had at the time of the alleged offence.

(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) In this section--

"public place" includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise); and
"public service vehicle" and "PSV operator's licence" have the same meaning as in Part II of the [1981 c. 14.] Public Passenger Vehicles Act 1981.

(7) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (i) inserted by section 155 of this Act there shall be inserted the following paragraph--

" (j) an offence under section 167 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (touting for hire car services). " .

General

168 Minor and consequential amendments and repeals

(1) The enactments mentioned in Schedule 9 to this Act shall have effect with the amendments there specified (being minor amendments).

(2) The enactments mentioned in Schedule 10 to this Act shall have effect with the amendments there specified (amendments consequential on the foregoing provisions of this Act).

(3) The enactments mentioned in Schedule 11 to this Act (which include enactments which are spent) are repealed or revoked to the extent specified in the third column of that Schedule.

169 Power of Secretary of State to make payments or grants in relation to crime prevention, etc

(1) The Secretary of State may, with the consent of the Treasury--

(a) make such payments, or

(b) pay such grants, to such persons,

as he considers appropriate in connection with measures intended to prevent crime or reduce the fear of crime.

(2) Any grant under subsection (1)(b) above may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.

(3) Payments under this section shall be made out of money provided by Parliament.

170 Security costs at party conferences

(1) The Secretary of State may, with the consent of the Treasury, pay grants towards expenditure incurred by a qualifying political party, or by a person acting for a qualifying political party, on measures to which this section applies.

(2) This section applies to measures which are--

(a) taken for the protection of persons or property in connection with a conference held in Great Britain for the purposes of the party, and

(b) certified by a chief officer of police as having been appropriate.

(3) A political party is a "qualifying political party" for the purposes of this section if, at the last general election before the expenditure was incurred,--

(a) at least two members of the party were elected to the House of Commons, or

(b) one member of the party was elected to the House of Commons and not less than 150,000 votes were given to candidates who were members of the party.

(4) Payments under this section shall be made out of money provided by Parliament.

171 Expenses etc. under Act

There shall be paid out of money provided by Parliament--

(a) any sums required by the Secretary of State for making payments under contracts entered into under or by virtue of sections 2, 3, 7, 11, 96, 99, 100, 102(4), 106(1), 112(1) or 118(3) or paragraph 1 of Schedule 1;

(b) any administrative expenses incurred by the Secretary of State; and

172 Short title, commencement and extent

(1) This Act may be cited as the Criminal Justice and Public Order Act 1994.

(2) With the exception of section 82 and subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State or, in the case of sections 52 and 53, the Lord Chancellor may appoint by order made by statutory instrument, and different days may be appointed for different provisions or different purposes.

(3) Any order under subsection (2) above may make such transitional provisions and savings as appear to the authority making the order necessary or expedient in connection with any provision brought into force by the order.

(4) The following provisions and their related amendments, repeals and revocations shall come into force on the passing of this Act, namely sections 5 to 15 (and Schedules 1 and 2), 61, 63, 65, 68 to 71, 77 to 80, 81, 83, 90, Chapters I and IV of Part VIII, sections 142 to 148, 150, 158(1), (3) and (4), 166, 167, 171, paragraph 46 of Schedule 9 and this section.

(5) No order shall be made under subsection (6) of section 166 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) For the purposes of subsection (4) above--

(a) the following are the amendments related to the provisions specified in that subsection, namely, in Schedule 10, paragraphs 26, 35, 36, 59, 60 and 63(1), (3), (4) and (5);

(b) the repeals and revocations related to the provisions specified in that subsection are those specified in the Note at the end of Schedule 11.

(7) Except as regards any provisions applied under section 39 and subject to the following provisions, this Act extends to England and Wales only.

(8) Sections 47(3), 49, 61 to 67, 70, 71, 81, 82, 146(4), 157(1), 163, 169 and 170 also extend to Scotland.

(9) Section 83(1) extends to England and Wales and Northern Ireland.

(10) This section, sections 68, 69, 83(3) to (5), 88 to 92, 136 to 141, 156, 157(2), (3), (4), (5) and (9), 158, 159, 161, 162, 164, 165, 168, 171 and Chapter IV of Part VIII extend to the United Kingdom and sections 158 and 159 also extend to the Channel Islands and the Isle of Man.

(11) Sections 93, 95 and 101(8), so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.

(12) Sections 102(1) to (3), 104, 105 and 117, so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland, extend to that part of those Islands, but otherwise Chapter II of Part VIII extends to Scotland only.

(13) Sections 47(4), 83(2), 84(5) to (7), 87, Part IX, sections 145(2), 146(2), 148, 151(2), 152(2), 153, 157(7) and 160(2) extend to Scotland only.

(14) Sections 118, 120, 121 and 125, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside Northern Ireland, extend to that part of those islands, but otherwise Chapter III of Part VIII extends to Northern Ireland only.

(15) Sections 53, 84(8) to (11), 85(4) to (6), 86(2), 145(3), 147 and 157(8) extend to Northern Ireland only.

(16) Where any enactment is amended, repealed or revoked by Schedule 9, 10 or 11 to this Act the amendment, repeal or revocation has the same extent as that enactment; except that Schedules 9 and 11 do not extend to Scotland in so far as they relate to section 17(1) of the [1984 c. 39.] Video Recordings Act 1984.

Section 12.

SCHEDULE 1 Escort Arrangements: England and Wales

Arrangements for the escort of offenders detained at secure training centres

1 (1) The Secretary of State may make arrangements for any of the following functions, namely--

(a) the delivery of offenders from one set of relevant premises to another;

(b) the custody of offenders held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

(c) the custody of offenders temporarily held in a secure training centre in the course of delivery from one secure training centre to another; and

(d) the custody of offenders while they are outside a secure training centre for temporary purposes,

to be performed in such cases as may be determined by or under the arrangements by custody officers who are authorised to perform such functions.

(2) In sub-paragraph (1)(a) above, "relevant premises" means a court, secure training centre, police station or hospital.

(3) Arrangements made by the Secretary of State under sub-paragraph (1) above ("escort arrangements") may include entering into contracts with other persons for the provision by them of custody officers.

(4) Any person who, under a warrant or a hospital order or hospital remand is responsible for the performance of any such function as is mentioned in sub-paragraph (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a custody officer acting in pursuance of escort arrangements.

(5) In this paragraph--

"hospital" has the same meaning as in the [1983 c. 20.] Mental Health Act 1983;
"hospital order" means an order for a person's admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the [1964 c. 84.] Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the [1968 c. 19.] Criminal Appeal Act 1968;
"hospital remand" means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;
"warrant" means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

Monitoring etc. of escort arrangements

2 (1) Escort arrangements shall include the appointment of--

(a) an escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

(b) a panel of lay observers whose duty it shall be to inspect the conditions in which offenders are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

(2) It shall also be the duty of an escort monitor to investigate and report to the Secretary of State on any allegations made against custody officers acting in pursuance of escort arrangements.

(3) Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

Powers and duties of custody officers acting in pursuance of escort arrangements

3 (1) A custody officer acting in pursuance of escort arrangements shall have the following powers, namely--

(a) to search in accordance with rules made by the Secretary of State any offender for whose delivery or custody he is responsible in pursuance of the arrangements; and

(b) to search any other person who is in or is seeking to enter any place where any such offender is or is to be held, and any article in the possession of such a person.

(2) The powers conferred by sub-paragraph (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves.

(3) A custody officer shall have the following duties as respects offenders for whose delivery or custody he is responsible in pursuance of escort arrangements, namely--

(a) to prevent their escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(d) to attend to their wellbeing; and

(e) to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by custody officers of their duty under (d) above.

(4) The powers conferred by sub-paragraph (1) above, and the powers arising by virtue of sub-paragraph (3) above, shall include power to use reasonable force where necessary.

(5) The power to make rules under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

4 In this Schedule--

"escort arrangements" has the meaning given by paragraph 1 above; and
"offender" means an offender sentenced to secure training under section 1 of this Act.
"secure training centre" includes--
(a)
a contracted out secure training centre;
(b)
any other place to which an offender may have been committed or transferred under section 2 of this Act.

Section 12.

SCHEDULE 2 Certification of Custody Officers: England and Wales

Preliminary

1 In this Schedule--

"certificate" means a certificate under section 12(3) of this Act;
"the relevant functions", in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificates

2 (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant--

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificate

3 (1) This paragraph applies where at any time--

(a) in the case of a custody officer acting in pursuance of escort arrangements, it appears to the escort monitor that the officer is not a fit and proper person to perform escort functions;

(b) in the case of a custody officer performing custodial duties at a contracted out secure training centre, it appears to the person in charge of the secure training centre that the officer is not a fit and proper person to perform custodial duties; or

(c) in the case of a custody officer performing contracted out functions at a directly managed secure training centre, it appears to the person in charge of that secure training centre that the officer is not a fit and proper person to perform custodial duties.

(2) The escort monitor or person in charge may--

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer's certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

(3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

4 Where at any time it appears to the Secretary of State that a custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer's certificate so far as it authorises the performance of those functions or duties.

False statements

5 If any person, for the purpose of obtaining a certificate for himself or for any other person--

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 27.

SCHEDULE 3 Bail: Supplementary Provisions

Bail Act 1976

1 Section 5 of the [1976 c. 63.] Bail Act 1976 (supplementary provisions about decisions on bail) shall be amended as follows--

(a) in subsection (1)(d), after the words "a court" there shall be inserted the words "or constable"; and

(b) after subsection (10), there shall be inserted the following subsection--

" (11) This section is subject, in its application to bail granted by a constable, to section 5A of this Act. " .

2 After section 5 of the Bail Act 1976 there shall be inserted the following section--

" 5A Supplementary provisions in cases of police bail

(1) Section 5 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.

(2) For subsection (3) substitute the following--

" (3) Where a custody officer, in relation to any person,--

(a) imposes conditions in granting bail in criminal proceedings, or

(b) varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

the custody officer shall, with a view to enabling that person to consider requesting him or another custody officer, or making an application to a magistrates' court, to vary the conditions, give reasons for imposing or varying the conditions. " .

(3) For subsection (4) substitute the following--

" (4) A custody officer who is by virtue of subsection (3) above required to give reasons for his decision shall include a note of those reasons in the custody record and shall give a copy of that note to the person in relation to whom the decision was taken. " .

(4) Subsections (5) and (6) shall be omitted. " .

Magistrates' Courts Act 1980

3 After section 43A of the [1980 c. 43.] Magistrates' Courts Act 1980 there shall be inserted the following section--

" 43B Power to grant bail where police bail has been granted

(1) Where a custody officer--

(a) grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or

(b) varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976,

a magistrates' court may, on application by or on behalf of that person, grant bail or vary the conditions.

(2) On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.

(3) On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse.

(4) In this section "bail in criminal proceedings" and "vary" have the same meanings as they have in the Bail Act 1976. " .

Section 44.

SCHEDULE 4 Transfer for Trial

Part I Provisions Substituted for Sections 4 to 8 of Magistrates' Courts Act 1980

" Transfer for trial

4 Transfer for trial: preliminary

(1) Where--

(a) a person is charged before a magistrates' court with an offence which is triable only on indictment; or

(b) a person is charged before a magistrates' court with an offence triable either way and--

(i) the court has decided that the offence is more suitable for trial on indictment, or

(ii) the accused has not consented to be tried summarily,

the court and the prosecutor shall proceed with a view to transferring the proceedings for the offence to the Crown Court for trial.

(2) Where, under subsection (1) above or any other provision of this Part, a magistrates' court is to proceed with a view to transferring the proceedings for the offence to the Crown Court for trial, sections 5 to 8C below, or such of them as are applicable, shall apply to the proceedings against the accused, unless--

(a) the prosecutor decides to discontinue or withdraw the proceedings;

(b) the Commissioners of Customs and Excise decide, under section 152(a) of the [1979 c. 2.] Customs and Excise Management Act 1979, to stay or compound the proceedings;

(d) a notice of transfer under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 or section 53 of the [1991 c. 53.] Criminal Justice Act 1991 is served on the court.

(3) The functions of a magistrates' court under sections 5 to 8C below may be discharged by a single justice.

(4) A magistrates' court may, at any stage in the proceedings against the accused, adjourn the proceedings, and if it does so shall remand the accused.

(5) Any reference in this Part to a magistrates' court proceeding with a view to transfer for trial is a reference to the court and the prosecutor proceeding with a view to transferring the case to the Crown Court for trial and any reference to transferring for trial shall be construed accordingly.

5 Prosecutor's notice of prosecution case

(1) Where this section applies to proceedings against an accused for an offence, the prosecutor shall, within the prescribed period or within such further period as the court may on application by the prosecutor allow, serve on the magistrates' court a notice of his case which complies with subsection (2) below.

(2) The notice of the prosecution case shall--

(a) specify the charge or charges the proceedings on which are, subject to section 6 below, to be transferred for trial;

(b) subject to subsection (5) below, include a set of the documents containing the evidence (including oral evidence) on which the charge or charges is or are based; and

and in this Part a "notice of the prosecution case" means a notice which complies with this subsection.

(3) The accused and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.

(4) On serving the notice of the prosecution case on the magistrates' court, the prosecutor shall serve a copy of the notice on the accused, or each of the accused, unless the person to be served cannot be found.

(5) There shall be no requirement on the prosecutor to include in the notice of the prosecution case copies of any documents referred to in the notice as having already been supplied to the court or the accused, as the case may be.

(6) In this section "co-accused", in relation to the accused, means any other person charged in the same proceedings with him.

6 Application for dismissal

(1) Where a notice of the prosecution case has been given in respect of proceedings before a magistrates' court, the accused, or any of them, may, within the prescribed period, or within such further period as the court may on application allow, make an application in writing to the court ("an application for dismissal") for the charge or, as the case may be, any of the charges to be dismissed.

(2) If an accused makes an application for dismissal he shall, as soon as reasonably practicable after he makes it, send a copy of the application to--

(a) the prosecutor; and

(b) any co-accused.

(3) The prosecutor shall be given an opportunity to oppose the application for dismissal in writing within the prescribed period.

(4) The prosecutor and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.

(5) The court shall permit an accused who has no legal representative acting for him to make oral representations to the court when it considers his application for dismissal.

(6) An accused who has a legal representative acting for him and who makes an application for the dismissal of a charge may include in his application a request that, on the ground of the complexity or difficulty of the case, oral representations of his should be considered by the court in determining the application; and the court shall, if it is satisfied that representations ought, on that ground, to be considered, give leave for them to be made.

(7) The prosecutor shall be given an opportunity to oppose in writing within the prescribed period the giving of leave under subsection (6) above for representations to be made.

(8) If the accused makes the representations permitted under subsection (5) or (6) above, the court shall permit the prosecutor to make oral representations in response.

(9) Except for the purpose of making or hearing the representations allowed by subsection (5), (6) or (8) above, the prosecutor and the accused shall not be entitled to be present when the court considers the application for dismissal.

(10) The court, after considering the written evidence and any oral representations permitted under subsection (5), (6) or (8) above, shall, subject to subsection (11) below, dismiss a charge which is the subject of an application for dismissal if it appears to the court that there is not sufficient evidence against the accused to put him on trial by jury for the offence charged.

(11) Where the evidence discloses an offence other than that charged the court need not dismiss the charge but may amend it or substitute a different offence; and if the court does so the amended or substituted charge shall be treated as the charge the proceedings on which are to be transferred for trial.

(12) If the court permits the accused to make oral representations under subsection (6) above, but the accused does not do so, the court may disregard any document containing or indicating the evidence that he might have given.

(13) Dismissal of the charge, or any of the charges, against the accused shall have the effect of barring any further proceedings on that charge or those charges on the same evidence other than by preferring a voluntary bill of indictment.

(14) In this section "co-accused" has the same meaning as in section 5 above.

7 Transfer for trial

(1) Where a notice of the prosecution case has been served on a magistrates' court with respect to any proceedings and--

(a) the prescribed period for an application for dismissal has expired without any such application, or any application for an extension of that time, having been made; or

(b) an application for dismissal has been made and dismissed, or has succeeded in relation to one or more but not all the charges,

the court shall, within the prescribed period, in the prescribed manner, transfer the proceedings for the trial of the accused on the charges or remaining charges to the Crown Court sitting at a place specified by the court.

(2) In selecting the place of trial, the court shall have regard to--

(a) the convenience of the defence, the prosecution and the witnesses;

(b) the expediting of the trial; and

(c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the [1981 c. 54.] Supreme Court Act 1981.

(3) On transferring any proceedings to the Crown Court the magistrates' court making the transfer shall--

(a) give notice of the transfer and of the place of trial to the prosecutor and to the accused or each of the accused; and

(b) send to the Crown Court sitting at the place specified by the court a copy of the notice of the prosecution case and of any documents referred to in it as having already been supplied to the magistrates' court on which it was served and (where an application for dismissal has been made) a copy of any other evidence permitted under section 6 above.

8 Remand

(1) Where an accused has been remanded in custody, on transferring proceedings against him for trial a magistrates' court may--

(a) order that the accused shall be safely kept in custody until delivered in due course of law; or

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