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Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

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              (3)             If the representative in fact fails to indicate how the accused would

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—

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                    (a)                   asking the representative under this section whether (if the

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.

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       24C            Intention as to plea by child or young person: adjournment

              (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

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resumption of proceedings shall be that at which he is required to

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

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justice

              (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

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trial by virtue of section 24A(7) or 24B(2)(c) above); or

                    (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), as amended by section 40 of this Act, is amended as follows.

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          (2)      In subsection (1), for “(2) to (4)” there is substituted “(2) to (2D)”.

          (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.

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              (2A)                An application under subsection (2) above—

                    (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

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only if it is satisfied that the sentence which a magistrates’ court

would have power to impose for the offence would be inadequate.

              (2C)                Where—

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    191

 

                    (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,

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                              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

a magistrates’ court would have power to impose for all of the

offences taken together.

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              (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.”

          (4)      Subsections (3) to (8) are omitted.

  12       For subsections (1) and (2) of section 26 (power to issue summons to accused

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in certain circumstances) there is substituted—

              “(1)                Where, in the circumstances mentioned in section 23(1)(a) above, the

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

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requiring his presence before the court.

              (2)                In a case within subsection (1) above, if the accused is not present at

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                In section 33 (maximum penalties on summary conviction in pursuance of

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section 22), in subsection (1), paragraph (b) and the word “and” immediately

preceding it are omitted.

  14       Section 42 (restriction on justices sitting after dealing with bail) shall cease to

have effect.

Crime and Disorder Act 1998 (c. 37)

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  15       The Crime and Disorder Act 1998 is amended as follows.

  16       In section 50 (early administrative hearings), in subsection (1) (court may

consist of single justice unless accused falls to be dealt with under section

51), the words “unless the accused falls to be dealt with under section 51

below” are omitted.

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  17       After section 50 there is inserted—

       “50A                        Order of consideration for either-way offences

              (1)             Where an adult appears or is brought before a magistrates’ court

charged with an either-way offence (the “relevant offence”), the

court shall proceed in the manner described in this section.

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              (2)             If notice is given in respect of the relevant offence under section 51B

or 51C below, the court shall deal with the offence as provided in

section 51 below.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

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              (3)             Otherwise—

                    (a)                   if the adult (or another adult with whom the adult is charged

jointly with the relevant offence) is or has been sent to the

Crown Court for trial for an offence under section 51(2)(a) or

51(2)(c) below—

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                           (i)                          the court shall first consider the relevant offence

under subsection (3), (4), (5) or, as the case may be, (6)

of section 51 below and, where applicable, deal with

it under that subsection;

                           (ii)                         if the adult is not sent to the Crown Court for trial for

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the relevant offence by virtue of sub-paragraph (i)

above, the court shall then proceed to deal with the

relevant offence in accordance with sections 17A to 23

of the 1980 Act;

                    (b)                   in all other cases—

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                           (i)                          the court shall first consider the relevant offence

under sections 17A to 20 (excluding subsections (8)

and (9) of section 20) of the 1980 Act;

                           (ii)                         if, by virtue of sub-paragraph (i) above, the court

would be required to proceed in relation to the

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offence as mentioned in section 17A(6), 17B(2)(c) or

20(7) of that Act (indication of guilty plea), it shall

proceed as so required (and, accordingly, shall not

consider the offence under section 51 or 51A below);

                           (iii)                        if sub-paragraph (ii) above does not apply—

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                                 (a)                                the court shall consider the relevant offence

under sections 51 and 51A below and, where

applicable, deal with it under the relevant

section;

                                 (b)                                if the adult is not sent to the Crown Court for

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trial for the relevant offence by virtue of

paragraph (a) of this sub-paragraph, the court

shall then proceed to deal with the relevant

offence as contemplated by section 20(9) or, as

the case may be, section 21 of the 1980 Act.

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              (4)             Subsection (3) above is subject to any requirement to proceed as

mentioned in subsections (2) or (6)(a) of section 22 of the 1980 Act

(certain offences where value involved is small).

              (5)             Nothing in this section shall prevent the court from committing the

adult to the Crown Court for sentence pursuant to any enactment, if

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he is convicted of the relevant offence.”

  18       For section 51 (no committal proceedings for indictable-only offences) there

is substituted—

       “51            Sending cases to the Crown Court: adults

              (1)             Where an adult appears or is brought before a magistrates’ court

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(“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—

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    193

 

                    (a)                   that the offence is an offence triable only on indictment 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

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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,

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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

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                    (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).

              (4)             Where an adult who has been sent for trial under subsection (1)

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above subsequently appears or is brought before a magistrates’ court

charged with an either-way or summary offence which—

                    (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

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condition,

                              the court may send him forthwith to the Crown Court for trial for the

either-way or summary offence.

              (5)             Where—

                    (a)                   the court sends an adult (“A”) for trial under subsection (1) or

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(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

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which A was sent for trial under subsection (1) or (3) above,

                              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,

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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 for which he is sent for trial; and

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                    (b)                   (if it is a summary offence) appears to the court to be related

to the offence for which he is sent for trial or to the either-way

offence, and which fulfils the requisite condition.

              (7)             Where—

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    194

 

                    (a)                   the court sends an adult (“A”) for trial under subsection (1),

(3) or (5) above; and

                    (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

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under subsection (1), (3) or (5) above, or an indictable offence

which appears to the court to be related to that offence,

                              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.

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              (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

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

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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

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

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the Magistrates’ Courts Act 1980 (which provide for certain cases

involving children and young persons to be tried summarily).

              (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

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fixed the time and place for its resumption.

              (11)            A summary offence fulfils the requisite condition if it is punishable

with imprisonment or involves obligatory or discretionary

disqualification from driving.

              (12)            In the case of an adult charged with an offence—

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                    (a)                   if the offence satisfies paragraph (c) of subsection (2) above,

the offence shall be dealt with under subsection (1) above and

not under any other provision of this section or section 51A

below;

                    (b)                   subject to paragraph (a) above, if the offence is one in respect

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of which the court is required to, or would decide to, send the

adult to the Crown Court under—

                           (i)                          subsection (5) above; or

                           (ii)                         subsection (6) of section 51A below,

                              the offence shall be dealt with under that subsection and not under

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any other provision of this section or section 51A below.

              (13)            The functions of a magistrates’ court under this section, and its

related functions under section 51D below, may be discharged by a

single justice.

 

 

 
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