Commentary on Sections: Part 3 Criminal jurisdiction and procedure Section 46: Power to transfer criminal cases
111.Section 46 gives magistrates’ courts the power to transfer criminal cases to other magistrates’ courts at any stage in the proceedings, whether on the application of a party or of their own motion. The parties would have a right to be heard in the latter case. There is to be no appeal from a decision on transfer. In deciding whether to transfer a case, the court or justices' clerk will be required to take account of the directions made by the Lord Chancellor under section 30.