Criminal justice (Mode of Trial) (No. 2) Bill - continued        House of Lords

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  S C H E D U L E S
 
 

 
 
 
SCHEDULE 1
 
  MINOR AND CONSEQUENTIAL AMENDMENTS
 
The Firearms Act 1968 (c. 27)
     1. In paragraph 3(3)(b) of Part II of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences)-
 
 
    (a) for "section 25(3) and (4)" there shall be substituted "section 25(3) to (4D)", and
 
    (b) the words "with the accused's consent" shall cease to have effect.
 
The Rehabilitation of Offenders Act 1974 (c. 53)
     2. In section 6(6)(a) of the Rehabilitation of Offenders Act 1974 (rehabilitation period applicable to conviction) for "subsection (2)" there shall be substituted "subsection (5)".
 
 
The Magistrates' Courts Act 1980 (c. 43)
     3. The Magistrates' Courts Act 1980 shall be amended as follows.
 
     4. At the end of section 17A(4)(b) (indication of intention to plead) insert "(unless section 33(4) below applies)".
 
     5. - (1) Section 18 (offence triable either way: initial procedure) shall be amended as follows.
 
      (2) In subsection (3)-
 
 
    (a) for "subsections (3) to (5)" substitute "subsection (3)", and
 
    (b) the words from "(references" to the end shall cease to have effect.
      (3) After subsection (3) there shall be added-
 
 
    "(3A) Where the court proceeds in the absence of the accused under subsection (3) above and the accused is not represented by a legal representative-
 
 
    (a) section 19(3)(a) below shall not apply in relation to the accused, but section 20(4) below shall apply notwithstanding the fact that the accused did not make representations under section 19(3)(a), and
 
    (b) section 20(1) below shall not apply, but the court shall cause its decision and the reasons for its decision to be recorded in the register."
     6. In section 23 (proceedings in absence of accused) for subsections (3) to (5) substitute-
 
 
    "(3) Where the court proceeds by virtue of subsection (2) above-
 
 
    (a) for the reference in section 20(1) above to the accused there shall be substituted a reference to the accused's legal representative,
 
    (b) the court may adjourn proceedings without remanding the accused where it decides that the offence ought to be tried on indictment, and
 
    (c) any reference (including references in section 20(4)) to action which has been or may be taken by the accused shall include a reference to action which has been or may be taken on his behalf."
     7. - (1) Section 25 (power to change between summary trial and committal proceedings) shall be amended as follows.
 
      (2) In subsection (1) for "(4)" substitute "(4D)".
 
      (3) In subsection (2) for "section 22(2)" substitute "section 22(5)".
 
      (4) For subsections (3), (3A) and (4) substitute-
 
 
    "(3) Where the court has begun to inquire into the information as examining justices and during the inquiry the court decides that the offence ought to be tried summarily-
 
 
    (a) the court shall terminate the inquiry, and
 
    (b) the accused shall be tried summarily.
      (4) Before reaching the decision mentioned in subsection (3) above the court-
 
 
    (a) shall consider the matters specified in section 19(2)(a) to (c),
 
    (b) shall permit the prosecutor and the accused to make representations about those matters, and
 
    (c) shall have regard to any representations made under paragraph (b) above.
      (4A) Before terminating the inquiry in accordance with subsection (3)(a) above the court shall inform the accused (or, in his absence, his legal representative) of-
 
 
    (a) its decision, and
 
    (b) the reasons for its decision.
      (4B) Section 20(4) and (5) shall apply for the purpose of subsection (4) above; and the reference to representations under section 19(3) shall be construed as a reference to representations under subsection (4)(b) above.
 
      (4C) Where the prosecution is being carried on by the Attorney General or the Solicitor General, the court shall not exercise the power in subsection (3) above without his consent.
 
      (4D) Where the prosecution is being carried on by the Director of Public Prosecutions, the court shall not exercise the power in subsection (3) above if the Attorney General directs that it shall not be exercised."
 
     8. - (1) Section 26 (power to issue summons to accused) shall be amended as follows.
 
      (2) For subsection (1)(b) substitute-
 
 
    "(b) the court adjourns the hearing without remanding the accused in pursuance of section 23 or 25,".
      (3) In subsection (2)(a) for "22(1)" substitute "22(2)".
 
     9. - (1) Section 33 (maximum penalty on summary conviction pursuant to section 22) shall be amended as follows.
 
      (2) In subsection (1) for "subsection (2) of section 22" substitute "section 22(5)".
 
      (3) After subsection (3) insert-
 
 
    "(4) Where a magistrates' court considers that it would have proceeded to the summary trial of an information by virtue of section 22(5) above but for an indication of a guilty plea in accordance with section 17A(6) or 17B(2)(c) above, this section shall apply as if-
 
 
    (a) the court had proceeded to the summary trial of the information in pursuance of section 22(5), and
 
    (b) the accused had been summarily convicted of the offence.
      (5) Where a magistrates' court proceeds in accordance with section 25(3) above on the grounds that it is not satisfied that the value involved in relation to the offence exceeded the relevant sum, this section shall apply as if the court had proceeded to the summary trial of the information in pursuance of section 22(5) above.
 
      (6) Expressions used in subsection (5) above and in section 22 above have the same meaning in that subsection as in that section."
 
     10. - (1) Section 133 (consecutive terms of imprisonment) shall be amended as follows.
 
      (2) In subsection (2) for "section 22(2)" substitute "section 22(5)".
 
      (3) After subsection (2A) insert-
 
 
    "(2B) Subsection (2) shall not apply in respect of an offence which the court considers that it would have tried summarily in pursuance of section 22(5) above but for an indication of a guilty plea in accordance with section 17A(6) or 17B(2)(c) above.
 
      (2C) Subsection (2) shall not apply in respect of an offence where a magistrates' court proceeds in accordance with section 25(3) above on the grounds that it is not satisfied that the value involved in relation to the offence exceeded the relevant sum.
 
      (2D) Expressions used in subsection (2C) above and in section 22 above have the same meaning in that subsection as in that section."
 
     11. In section 143(2)(a) (power to alter sums) for "section 22(1)" substitute "section 22(3)(a)".
 
     12. - (1) Schedule 3 (corporations) shall be amended as follows.
 
      (2) The following shall cease to have effect-
 
 
    (a) paragraph 2(b),
 
    (b) in paragraph 3(2) the words ", and any requirement that the consent of the accused shall be obtained for summary trial,", and
 
    (c) paragraph 7.
      (3) For paragraph 6 substitute-
 
 
      " 6. Subject to the preceding provisions of this Schedule-
 
    (a) the provisions of this Act relating to the inquiry into and trial of indictable offences shall apply to a corporation as they apply to an adult, and
 
    (b) a reference to a person who has attained the age of 18 years includes a reference to a corporation."
 
The Supreme Court Act 1981 (c. 54)
     13. In section 74 of the Supreme Court Act 1981 (composition of Crown Court: appeals) after subsection (5) there shall be inserted-
 
 
    "(5A) The requirement in subsection (1) to include justices of the peace shall not apply in relation to appeals under section 20(4) of the Magistrates' Courts Act 1980 (determination of mode of trial)."
 
 
The Criminal Justice Act 1988 (c. 33)
     14. In section 40(3)(d) of the Criminal Justice Act 1988 (count for common assault etc joined in indictment) for "section 22(2)" there shall be substituted "section 22(5)".
 
 
The Criminal Justice and Public Order Act 1994 (c. 33)
     15. - (1) Section 46 of the Criminal Justice and Public Order Act 1994 (increase of sum in section 22 of the Magistrates' Courts Act 1980) shall cease to have effect.
 
      (2) Sub-paragraph (1) is without prejudice to the effect of section 46(2) of the 1994 Act (saving for offences charged before commencement).
 
 
The Crime and Disorder Act 1998 (c. 37)
     16. Schedule 3 to the Crime and Disorder Act 1998 (person sent for trial on indictable-only offence without committal proceedings) shall be amended as follows.
 
     17. In paragraph 9 (consideration of mode of trial for either-way offence) for sub-paragraphs (2) and (3) substitute-
 
 
    "(2) For the purpose of considering the question the court shall consider-
 
 
    (a) the nature of the case;
 
    (b) any of the circumstances of the offence (but not of the accused) which appears to the court to be relevant; and
 
    (c) whether, having regard to the matters to be considered under paragraph (b), the punishment which a magistrates' court would have power to impose for the offence would be adequate.
      (3) For the purpose of considering the question the court shall also-
 
 
    (a) permit the prosecutor and the accused to make representations about the matters to be considered under sub-paragraph (2); and
 
    (b) have regard to any representations made under paragraph (a) above.
      (4) The court shall inform the accused of its decision following consideration of mode of trial under this paragraph."
 
     18. For paragraphs 10 and 11 (procedure where court has decided mode of trial) substitute-
 
 
      " 10. If the court decides that an offence is more suitable for summary trial it shall remit the accused for trial to a magistrates' court acting for the place where he was sent to the Crown Court for trial.
 
    11. If the court decides that an offence is more suitable for trial on indictment, the court shall retain its functions in relation to the offence and proceed accordingly."
 
     19. For paragraph 14(3) to (6) (certain small-value property offences) substitute-
 
 
    "(3) If it appears clear to the court that the value involved in relation to the offence exceeds the relevant sum it shall treat the offence as an indictable offence.
 
      (4) In any other case the court shall treat the offence as a summary offence."
 
     20. For paragraph 15(2) to (5) (proceedings in absence of accused) substitute-
 
 
    "(2) Where the court proceeds by virtue of sub-paragraph (1) above, paragraph 9(4) shall not apply."
 
 
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