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“(b) he may (unless section 17D(2) below were to apply) be | |
committed to the Crown Court under section 3 or (if | |
applicable) 3A of the Powers of Criminal Courts (Sentencing) | |
Act 2000 if the court is of such opinion as is mentioned in | |
subsection (2) of the applicable section.” | 5 |
(3) After subsection (9) there is inserted— | |
“(10) If in respect of the offence— | |
(a) the court receives a notice under section 51B or 51C of the | |
Crime and Disorder Act 1998 (which relate to serious or | |
complex fraud cases and to certain cases involving children | 10 |
respectively); or | |
(b) the court sends the accused to the Crown Court for trial | |
under section 51(3) or 51A(6) of that Act, | |
the preceding provisions of this section and the provisions of section | |
17B below shall not apply, and the court shall proceed in relation to | 15 |
the offence in accordance with section 51 or, as the case may be, | |
section 51A of that Act.” | |
3 After section 17C there is inserted— | |
“17D Maximum penalty under section 17A(6) or 17B(2)(c) for certain | |
offences | 20 |
(1) If— | |
(a) the offence is a scheduled offence (as defined in section 22(1) | |
below); | |
(b) the court proceeds in relation to the offence in accordance | |
with section 17A(6) or 17B(2)(c) above; and | 25 |
(c) the court convicts the accused of the offence, | |
the court shall consider whether, having regard to any | |
representations made by the prosecutor or the accused, the value | |
involved (as defined in section 22(10) below) appears to the court to | |
exceed the relevant sum (as specified for the purposes of section 22 | 30 |
below). | |
(2) If it appears to the court clear that the value involved does not exceed | |
the relevant sum— | |
(a) subject to subsection (5) below, the court shall not have | |
power to impose on the accused in respect of the offence | 35 |
imprisonment for more than 3 months or a fine greater than | |
level 4 on the standard scale; and | |
(b) section 3 of the Powers of Criminal Courts (Sentencing) Act | |
2000 shall not apply as regards that offence. | |
(3) Subsections (9) to (12) of section 22 below shall apply for the | 40 |
purposes of this section as they apply for the purposes of that section | |
(reading the reference to subsection (1) in section 22(9) as a reference | |
to subsection (1) of this section). | |
(4) In subsection (2) above “fine” includes a pecuniary penalty but does | |
not include a pecuniary forfeiture or pecuniary compensation. | 45 |
| |
| |
|
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| |
(5) Subsection (2)(a) above does not apply to an offence under section | |
12A of the Theft Act 1968 (aggravated vehicle-taking). | |
17E Functions under sections 17A to 17D capable of exercise by single | |
justice | |
(1) The functions of a magistrates’ court under sections 17A to 17D | 5 |
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 (otherwise than in | |
accordance with section 17A(6) or 17B(2)(c) above); or | |
(b) the imposition of a sentence, | 10 |
by a magistrates’ court composed of fewer than two justices.” | |
4 In section 18 (initial procedure on information against adult for offence | |
triable either way), for subsection (5) there is substituted— | |
“(5) The functions of a magistrates’ court under sections 19 to 23 below | |
may be discharged by a single justice, but this subsection shall not be | 15 |
taken as authorising— | |
(a) the summary trial of an information (otherwise than in | |
accordance with section 20(7) below); or | |
(b) the imposition of a sentence, | |
by a magistrates’ court composed of fewer than two justices.” | 20 |
5 For section 19 (court to begin by considering which mode of trial appears | |
more suitable) there is substituted— | |
“19 Decision as to allocation | |
(1) The court shall decide whether the offence appears to it more | |
suitable for summary trial or for trial on indictment. | 25 |
(2) Before making a decision under this section, the court— | |
(a) shall give the prosecution an opportunity to inform the court | |
of the accused’s previous convictions (if any); and | |
(b) shall give the prosecution and the accused an opportunity to | |
make representations as to whether summary trial or trial on | 30 |
indictment would be more suitable. | |
(3) In making a decision under this section, the court shall consider— | |
(a) whether the sentence which a magistrates’ court would have | |
power to impose for the offence would be adequate; and | |
(b) any representations made by the prosecution or the accused | 35 |
under subsection (2)(b) above, | |
and shall have regard to any allocation guidelines (or revised | |
allocation guidelines) issued as definitive guidelines under section | |
154 of the Criminal Justice Act 2003. | |
(4) Where— | 40 |
(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 | |
series of two or more offences of the same or a similar | |
character, | |
subsection (3)(a) above shall have effect as if references to the | |
sentence which a magistrates’ court would have power to impose for | 5 |
the offence were a reference to the maximum aggregate sentence | |
which a magistrates’ court would have power to impose for all of the | |
offences taken together. | |
(5) In this section— | |
(a) any reference to a previous conviction is to be read as a | 10 |
reference to a previous conviction by a court in Great Britain; | |
(b) a conviction in respect of which a probation order was made | |
before 1st October 1992 (which by virtue of section 13 of the | |
Powers of Criminal Courts Act 1973 would otherwise not be | |
a conviction for the purposes of this section) is to be treated | 15 |
as a conviction for those purposes; and | |
(c) a conviction in respect of which an order discharging the | |
offender absolutely or conditionally was made at any date | |
(which by virtue of section 14 of the Powers of Criminal | |
Courts (Sentencing) Act 2000 would otherwise not be a | 20 |
conviction for the purposes of this section) is to be treated as | |
a conviction for those purposes. | |
(6) If, in respect of the offence, the court receives a notice under section | |
51B or 51C of the Crime and Disorder Act 1998 (which relate to | |
serious or complex fraud cases and to certain cases involving | 25 |
children respectively), the preceding provisions of this section and | |
sections 20, 20A and 21 below shall not apply, and the court shall | |
proceed in relation to the offence in accordance with section 51(1) of | |
that Act.” | |
6 For section 20 (procedure where summary trial appears more suitable) there | 30 |
is substituted— | |
“20 Procedure where summary trial appears more suitable | |
(1) If the court decides under section 19 above that the offence appears | |
to it more suitable for summary trial, the following provisions of this | |
section shall apply (unless they are excluded by section 23 below). | 35 |
(2) The court shall explain to the accused in ordinary language— | |
(a) that it appears to the court more suitable for him to be tried | |
summarily for the offence; | |
(b) that he can either consent to be so tried or, if he wishes, be | |
tried on indictment; and | 40 |
(c) in the case of a specified offence (within the meaning of | |
section 206 of the Criminal Justice Act 2003), that if he is tried | |
summarily and is convicted by the court, he may be | |
committed for sentence to the Crown Court under section 3A | |
of the Powers of Criminal Courts (Sentencing) Act 2000 if the | 45 |
committing court is of such opinion as is mentioned in | |
subsection (2) of that section. | |
| |
| |
|
| |
| |
(3) The accused may then request an indication (“an indication of | |
sentence”) of whether a custodial sentence or non-custodial sentence | |
would be more likely to be imposed if he were to be tried summarily | |
for the offence and to plead guilty. | |
(4) If the accused requests an indication of sentence, the court may, but | 5 |
need not, give such an indication. | |
(5) If the accused requests and the court gives an indication of sentence, | |
the court shall ask the accused whether he wishes, on the basis of the | |
indication, to reconsider the indication of plea which was given, or is | |
taken to have been given, under section 17A or 17B above. | 10 |
(6) If the accused indicates that he wishes to reconsider the indication | |
under section 17A or 17B above, the court shall ask the accused | |
whether (if the offence were to proceed to trial) he would plead | |
guilty or not guilty. | |
(7) If the accused indicates that he would plead guilty the court shall | 15 |
proceed as if— | |
(a) the proceedings constituted from that time the summary trial | |
of the information; and | |
(b) section 9(1) above were complied with and he pleaded guilty | |
under it. | 20 |
(8) Subsection (9) below applies where— | |
(a) the court does not give an indication of sentence (whether | |
because the accused does not request one or because the court | |
does not agree to give one); | |
(b) the accused either— | 25 |
(i) does not indicate, in accordance with subsection (5) | |
above, that he wishes; or | |
(ii) indicates, in accordance with subsection (5) above, | |
that he does not wish, | |
to reconsider the indication of plea under section 17A or 17B | 30 |
above; or | |
(c) the accused does not indicate, in accordance with subsection | |
(6) above, that he would plead guilty. | |
(9) The court shall ask the accused whether he consents to be tried | |
summarily or wishes to be tried on indictment and— | 35 |
(a) if he consents to be tried summarily, shall proceed to the | |
summary trial of the information; and | |
(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. | 40 |
20A Procedure where summary trial appears more suitable: supplementary | |
(1) Where the case is dealt with in accordance with section 20(7) above, | |
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. | 45 |
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| |
(2) Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the | |
Powers of Criminal Courts (Sentencing) Act 2000. | |
(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 | 5 |
(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 | |
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— | 10 |
(a) asking the accused under section 20 above whether (if the | |
offence were to proceed to trial) he would plead guilty or not | |
guilty; or | |
(b) an indication by the accused under that section of how he | |
would plead. | 15 |
(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. | |
(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 | 20 |
references to a non-custodial sentence shall be construed | |
accordingly.” | |
7 For section 21 (procedure where trial on indictment appears more suitable) | |
there is substituted— | |
“21 Procedure where trial on indictment appears more suitable | 25 |
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 | |
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.” | 30 |
8 (1) Section 23 (power of court, with consent of legally represented accused, to | |
proceed in his absence) is amended as follows. | |
(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 | 35 |
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— | 40 |
“(5) If the court decides under section 19 above that the offence appears | |
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.” | |
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| |
9 (1) Section 24 (summary trial of information against child or young persons for | |
indictable offence) is amended as follows. | |
(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 | 5 |
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 | |
tried summarily.” | |
(3) Subsections (1A) and (2) are omitted. | |
10 After section 24 there is inserted— | 10 |
“24A Child or young person to indicate intention as to plea in certain cases | |
(1) This section applies where— | |
(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 | 15 |
(b) but for the application of the following provisions of this | |
section, the court would be required at that stage, by virtue of | |
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 | 20 |
for trial (or to determine any matter, the effect of which | |
would be to determine whether he is sent to the Crown Court | |
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) | 25 |
above (the “relevant determination”), follow the procedure set out in | |
this section. | |
(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. | 30 |
(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. | |
(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 | 35 |
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) | 40 |
he may be sent to the Crown Court for sentencing under | |
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 | 45 |
proceed to trial) he would plead guilty or not guilty. | |
| |
| |
|
| |
| |
(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 | 5 |
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. | 10 |
(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 | 15 |
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; | 20 |
(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 | 25 |
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 | 30 |
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 | 35 |
(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; | 40 |
(b) the court shall ask the representative whether (if the offence | |
were to proceed to trial) the accused would plead guilty or | |
not guilty; | |
(c) if the representative indicates that the accused would plead | |
guilty the court shall proceed as if the proceedings | 45 |
constituted from the beginning the summary trial of the | |
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