ABSTRACT
As we have seen, committal without consideration of the evidence under s 6(2) is only possible if the defendant concedes that the prosecution witness statements disclose a case to answer against him. In those comparatively rare cases where the defendant does not concede that this is so, the magistrates have to consider the evidence against the defendant under s 6(1). Section 6(1) of the Magistrates’ Courts Act 1980 provides that a ‘... magistrates’ court inquiring into an offence as examining justices shall on consideration of the evidence: (a) commit the accused for trial if it is of opinion that there is sufficient
evidence to put him on trial by jury for any indictable offence; (b) discharge him if it is not of that opinion and he is in custody for no other
cause than the offence under inquiry’.
