|
| |
| |
(b) if he does not so consent, shall proceed in relation to the | |
offence in accordance with section 51(1) of the Crime and | |
Disorder Act 1998. | |
20A Procedure where summary trial appears more suitable: supplementary | |
(1) Where the case is dealt with in accordance with section 20(7) above, | 5 |
no court (whether a magistrates’ court or not) may impose a | |
custodial sentence for the offence unless such a sentence was | |
indicated in the indication of sentence referred to in section 20 above. | |
(2) Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the | |
Powers of Criminal Courts (Sentencing) Act 2000. | 10 |
(3) Except as provided in subsection (1) above— | |
(a) an indication of sentence shall not be binding on any court | |
(whether a magistrates’ court or not); and | |
(b) no sentence may be challenged or be the subject of appeal in | |
any court on the ground that it is not consistent with an | 15 |
indication of sentence. | |
(4) Subject to section 20(7) above, the following shall not for any purpose | |
be taken to constitute the taking of a plea— | |
(a) asking the accused under section 20 above whether (if the | |
offence were to proceed to trial) he would plead guilty or not | 20 |
guilty; or | |
(b) an indication by the accused under that section of how he | |
would plead. | |
(5) Where the court gives an indication of sentence under section 20 | |
above, it shall cause each such indication to be entered in the register. | 25 |
(6) In this section and in section 20 above, references to a custodial | |
sentence are to a custodial sentence within the meaning of section 76 | |
of the Powers of Criminal Courts (Sentencing) Act 2000, and | |
references to a non-custodial sentence shall be construed | |
accordingly.” | 30 |
7 For section 21 (procedure where trial on indictment appears more suitable) | |
there is substituted— | |
“21 Procedure where trial on indictment appears more suitable | |
If the court decides under section 19 above that the offence appears | |
to it more suitable for trial on indictment, the court shall tell the | 35 |
accused that the court has decided that it is more suitable for him to | |
be tried on indictment, and shall proceed in relation to the offence in | |
accordance with section 51(1) of the Crime and Disorder Act 1998.” | |
8 (1) Section 23 (power of court, with consent of legally represented accused, to | |
proceed in his absence) is amended as follows. | 40 |
(2) In subsection (4)— | |
(a) for the words preceding paragraph (a) there is substituted “If the | |
court decides under section 19 above that the offence appears to it | |
more suitable for trial on indictment then—”, | |
| |
| |
|
| |
| |
(b) in paragraph (b), for the words from “to inquire” to the end there is | |
substituted “in relation to the offence in accordance with section | |
51(1) of the Crime and Disorder Act 1998.”. | |
(3) For subsection (5) there is substituted— | |
“(5) If the court decides under section 19 above that the offence appears | 5 |
to it more suitable for trial on indictment, section 21 above shall not | |
apply and the court shall proceed in relation to the offence in | |
accordance with section 51(1) of the Crime and Disorder Act 1998.” | |
9 (1) Section 24 (summary trial of information against child or young persons for | |
indictable offence) is amended as follows. | 10 |
(2) For subsection (1) there is substituted— | |
“(1) Where a person under the age of 18 years appears or is brought | |
before a magistrates’ court on an information charging him with an | |
indictable offence he shall, subject to sections 51 and 51A of the | |
Crime and Disorder Act 1998 and to sections 24A and 24B below, be | 15 |
tried summarily.” | |
(3) Subsections (1A) and (2) are omitted. | |
10 After section 24 there is inserted— | |
“24A Child or young person to indicate intention as to plea in certain cases | |
(1) This section applies where— | 20 |
(a) a person under the age of 18 years appears or is brought | |
before a magistrates’ court on an information charging him | |
with an offence other than homicide; and | |
(b) but for the application of the following provisions of this | |
section, the court would be required at that stage, by virtue of | 25 |
section 51(7) or (8) or 51A(3)(b), (4) or (5) of the Crime and | |
Disorder Act 1998 (“the 1998 Act”), to determine, in relation | |
to the offence, whether to send the person to the Crown Court | |
for trial (or to determine any matter, the effect of which | |
would be to determine whether he is sent to the Crown Court | 30 |
for trial). | |
(2) Where this section applies, the court shall, before proceeding to | |
make any such determination as is referred to in subsection (1)(b) | |
above (the “relevant determination”), follow the procedure set out in | |
this section. | 35 |
(3) Everything that the court is required to do under the following | |
provisions of this section must be done with the accused person in | |
court. | |
(4) The court shall cause the charge to be written down, if this has not | |
already been done, and to be read to the accused. | 40 |
(5) The court shall then explain to the accused in ordinary language that | |
he may indicate whether (if the offence were to proceed to trial) he | |
would plead guilty or not guilty, and that if he indicates that he | |
would plead guilty— | |
| |
| |
|
| |
| |
(a) the court must proceed as mentioned in subsection (7) below; | |
and | |
(b) (in cases where the offence is one mentioned in section 91(1) | |
or (2) of the Powers of Criminal Courts (Sentencing) Act 2000) | |
he may be sent to the Crown Court for sentencing under | 5 |
section 3B or (if applicable) 3C of that Act if the court is of | |
such opinion as is mentioned in subsection (2) of the | |
applicable section. | |
(6) The court shall then ask the accused whether (if the offence were to | |
proceed to trial) he would plead guilty or not guilty. | 10 |
(7) If the accused indicates that he would plead guilty, the court shall | |
proceed as if— | |
(a) the proceedings constituted from the beginning the summary | |
trial of the information; and | |
(b) section 9(1) above was complied with and he pleaded guilty | 15 |
under it, | |
and, accordingly, the court shall not (and shall not be required to) | |
proceed to make the relevant determination or to proceed further | |
under section 51 or (as the case may be) section 51A of the 1998 Act | |
in relation to the offence. | 20 |
(8) If the accused indicates that he would plead not guilty, the court | |
shall proceed to make the relevant determination and this section | |
shall cease to apply. | |
(9) If the accused in fact fails to indicate how he would plead, for the | |
purposes of this section he shall be taken to indicate that he would | 25 |
plead not guilty. | |
(10) Subject to subsection (7) above, the following shall not for any | |
purpose be taken to constitute the taking of a plea— | |
(a) asking the accused under this section whether (if the offence | |
were to proceed to trial) he would plead guilty or not guilty; | 30 |
(b) an indication by the accused under this section of how he | |
would plead. | |
24B Intention as to plea by child or young person: absence of accused | |
(1) This section shall have effect where— | |
(a) a person under the age of 18 years appears or is brought | 35 |
before a magistrates’ court on an information charging him | |
with an offence other than homicide; | |
(b) but for the application of the following provisions of this | |
section, the court would be required at that stage to make one | |
of the determinations referred to in paragraph (b) of section | 40 |
24A(1) above (“the relevant determination”); | |
(c) the accused is represented by a legal representative; | |
(d) the court considers that by reason of the accused’s disorderly | |
conduct before the court it is not practicable for proceedings | |
under section 24A above to be conducted in his presence; and | 45 |
(e) the court considers that it should proceed in the absence of | |
the accused. | |
| |
| |
|
| |
| |
(2) In such a case— | |
(a) the court shall cause the charge to be written down, if this has | |
not already been done, and to be read to the representative; | |
(b) the court shall ask the representative whether (if the offence | |
were to proceed to trial) the accused would plead guilty or | 5 |
not guilty; | |
(c) if the representative indicates that the accused would plead | |
guilty the court shall proceed as if the proceedings | |
constituted from the beginning the summary trial of the | |
information, and as if section 9(1) above was complied with | 10 |
and the accused pleaded guilty under it; | |
(d) if the representative indicates that the accused would plead | |
not guilty the court shall proceed to make the relevant | |
determination and this section shall cease to apply. | |
(3) If the representative in fact fails to indicate how the accused would | 15 |
plead, for the purposes of this section he shall be taken to indicate | |
that the accused would plead not guilty. | |
(4) Subject to subsection (2)(c) above, the following shall not for any | |
purpose be taken to constitute the taking of a plea— | |
(a) asking the representative under this section whether (if the | 20 |
offence were to proceed to trial) the accused would plead | |
guilty or not guilty; | |
(b) an indication by the representative under this section of how | |
the accused would plead. | |
24C Intention as to plea by child or young person: adjournment | 25 |
(1) A magistrates’ court proceeding under section 24A or 24B above | |
may adjourn the proceedings at any time, and on doing so on any | |
occasion when the accused is present may remand the accused. | |
(2) Where the court remands the accused, the time fixed for the | |
resumption of proceedings shall be that at which he is required to | 30 |
appear or be brought before the court in pursuance of the remand or | |
would be required to be brought before the court but for section | |
128(3A) below. | |
24D Functions under sections 24A to 24C capable of exercise by single | |
justice | 35 |
(1) The functions of a magistrates’ court under sections 24A to 24C | |
above may be discharged by a single justice. | |
(2) Subsection (1) above shall not be taken as authorising— | |
(a) the summary trial of an information (other than a summary | |
trial by virtue of section 24A(7) or 24B(2)(c) above); or | 40 |
(b) the imposition of a sentence, | |
by a magistrates’ court composed of fewer than two justices.” | |
11 (1) Section 25 (power to change from summary trial to committal proceedings | |
and vice versa) is amended as follows. | |
(2) In subsection (1), for “(2) to (4)” there is substituted “(2) to (2D)”. | 45 |
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| |
|
| |
| |
(3) For subsection (2) there is substituted— | |
“(2) Where the court is required under section 20(9) above to proceed to | |
the summary trial of the information, the prosecution may apply to | |
the court for the offence to be tried on indictment instead. | |
(2A) An application under subsection (2) above— | 5 |
(a) must be made before the summary trial begins; and | |
(b) must be dealt with by the court before any other application | |
or issue in relation to the summary trial is dealt with. | |
(2B) The court may grant an application under subsection (2) above but | |
only if it is satisfied that the sentence which a magistrates’ court | 10 |
would have power to impose for the offence would be inadequate. | |
(2C) Where— | |
(a) the accused is charged on the same occasion with two or | |
more offences; and | |
(b) it appears to the court that they constitute or form part of a | 15 |
series of two or more offences of the same or a similar | |
character, | |
subsection (2B) above shall have effect as if references to the sentence | |
which a magistrates’ court would have power to impose for the | |
offence were a reference to the maximum aggregate sentence which | 20 |
a magistrates’ court would have power to impose for all of the | |
offences taken together. | |
(2D) Where the court grants an application under subsection (2) above, it | |
shall proceed in relation to the offence in accordance with section | |
51(1) of the Crime and Disorder Act 1998.” | 25 |
(4) Subsections (3) to (8) (change from committal proceedings to summary trial) | |
are omitted. | |
12 For subsections (1) and (2) of section 26 (power to issue summons to accused | |
in certain circumstances) there is substituted— | |
“(1) Where, in the circumstances mentioned in section 23(1)(a) above, the | 30 |
court is not satisfied that there is good reason for proceeding in the | |
absence of the accused, the justice or any of the justices of which the | |
court is composed may issue a summons directed to the accused | |
requiring his presence before the court. | |
(2) In a case within subsection (1) above, if the accused is not present at | 35 |
the time and place appointed for the proceedings under section 19 or | |
section 22(1) above, the court may issue a warrant for his arrest.” | |
13 Section 42 (restriction on justices sitting after dealing with bail) shall cease to | |
have effect. | |
The Crime and Disorder Act 1998 | 40 |
14 The Crime and Disorder Act 1998 (c. 37) is amended as follows. | |
15 In section 50 (early administrative hearings), in subsection (1) (court may | |
consist of single justice unless accused falls to be dealt with under section | |
| |
| |
|
| |
| |
15 51), the words “unless the accused falls to be dealt with under section 51 | |
below” are omitted. | |
16 For section 51 (no committal proceedings for indictable-only offences) there | |
is substituted— | |
“51 Sending cases to the Crown Court: adults | 5 |
(1) Where an adult appears or is brought before a magistrates’ court | |
(“the court”) charged with an offence and any of the conditions | |
mentioned in subsection (2) below is satisfied, the court shall send | |
him forthwith to the Crown Court for trial for the offence. | |
(2) Those conditions are— | 10 |
(a) that the offence is an indictable-only offence other than one in | |
respect of which notice has been given under section 51B or | |
51C below; | |
(b) that the offence is an either-way offence and the court is | |
required under section 20(9)(b), 21, 23(4)(b) or (5) or 25(2D) of | 15 |
the Magistrates’ Courts Act 1980 to proceed in relation to the | |
offence in accordance with subsection (1) above; | |
(c) that notice is given to the court under section 51B or 51C | |
below in respect of the offence. | |
(3) Where the court sends an adult for trial under subsection (1) above, | 20 |
it shall at the same time send him to the Crown Court for trial for any | |
either-way or summary offence with which he is charged and | |
which— | |
(a) (if it is an either-way offence) appears to the court to be | |
related to the offence mentioned in subsection (1) above; or | 25 |
(b) (if it is a summary offence) appears to the court to be related | |
to the offence mentioned in subsection (1) above or to the | |
either-way offence, and which fulfils the requisite condition | |
(as defined in subsection (11) below); | |
but an offence which satisfies paragraph (c) of subsection (2) above | 30 |
is to be dealt with under subsection (1) above and not under this | |
subsection. | |
(4) Where an adult who has been sent for trial under subsection (1) | |
above subsequently appears or is brought before a magistrates’ court | |
charged with an either-way or summary offence which— | 35 |
(a) appears to the court to be related to the offence mentioned in | |
subsection (1) above; and | |
(b) (in the case of a summary offence) fulfils the requisite | |
condition, | |
the court may send him forthwith to the Crown Court for trial for the | 40 |
either-way or summary offence. | |
An offence which satisfies paragraph (c) of subsection (2) above is to | |
be dealt with under subsection (1) above and not under this | |
subsection. | |
(5) Where— | 45 |
(a) the court sends an adult (“A”) for trial under subsection (1) or | |
(3) above; | |
| |
| |
|
| |
| |
(b) another adult appears or is brought before the court on the | |
same or a subsequent occasion charged jointly with A with an | |
either-way offence; and | |
(c) that offence appears to the court to be related to an offence for | |
which A was sent for trial under subsection (1) or (3) above, | 5 |
the court shall where it is the same occasion, and may where it is a | |
subsequent occasion, send the other adult forthwith to the Crown | |
Court for trial for the either-way offence. | |
(6) Where the court sends an adult for trial under subsection (5) above, | |
it shall at the same time send him to the Crown Court for trial for any | 10 |
either-way or summary offence with which he is charged and | |
which— | |
(a) (if it is an either-way offence) appears to the court to be | |
related to the offence for which he is sent for trial; and | |
(b) (if it is a summary offence) appears to the court to be related | 15 |
to the offence for which he is sent for trial or to the either-way | |
offence, and which fulfils the requisite condition. | |
(7) Where— | |
(a) the court sends an adult (“A”) for trial under subsection (1), | |
(3) or (5) above; and | 20 |
(b) a child or young person appears or is brought before the | |
court on the same or a subsequent occasion charged jointly | |
with A with an indictable offence for which A is sent for trial | |
under subsection (1), (3) or (5) above, or an indictable offence | |
which appears to the court to be related to that offence, | 25 |
the court shall, if it considers it necessary in the interests of justice to | |
do so, send the child or young person forthwith to the Crown Court | |
for trial for the indictable offence. | |
(8) Where the court sends a child or young person for trial under | |
subsection (7) above, it may at the same time send him to the Crown | 30 |
Court for trial for any indictable or summary offence with which he | |
is charged and which— | |
(a) (if it is an indictable offence) appears to the court to be related | |
to the offence for which he is sent for trial; and | |
(b) (if it is a summary offence) appears to the court to be related | 35 |
to the offence for which he is sent for trial or to the indictable | |
offence, and which fulfils the requisite condition. | |
(9) Subsections (7) and (8) above are subject to sections 24A and 24B of | |
the Magistrates’ Courts Act 1980 (which provide for certain cases | |
involving children and young persons to be tried summarily). | 40 |
(10) The trial of the information charging any summary offence for which | |
a person is sent for trial under this section shall be treated as if the | |
court had adjourned it under section 10 of the 1980 Act and had not | |
fixed the time and place for its resumption. | |
(11) A summary offence fulfils the requisite condition if it is punishable | 45 |
with imprisonment or involves obligatory or discretionary | |
disqualification from driving. | |
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