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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
Part 1 — Principal amendments

201

 

(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—”, and

(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.”

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

202

 

9     (1)  

Section 24 (summary trial of information against child or young persons for

indictable offence), as amended by section 42 of this Act, 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

5

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

tried summarily.”

      (3)  

Subsections (1A) and (2) are omitted.

10

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—

(a)   

a person under the age of 18 years appears or is brought

before a magistrates’ court on an information charging him

15

with an offence other than one falling within section 51A(12)

of the Crime and Disorder Act 1998 (“the 1998 Act”); and

(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 1998 Act to

20

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 for trial).

(2)   

Where this section applies, the court shall, before proceeding to

25

make any such determination as is referred to in subsection (1)(b)

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

30

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.

(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

35

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)

40

of the Powers of Criminal Courts (Sentencing) Act 2000) 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.

45

(6)   

The court shall then ask the accused whether (if the offence were to

proceed to trial) he would plead guilty or not guilty.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

203

 

(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 one falling within section 51A(12)

of the Crime and Disorder Act 1998;

(b)   

but for the application of the following provisions of this

section, the court would be required at that stage to make one

30

of the determinations referred to in paragraph (b) of section

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

35

under section 24A above to be conducted in his presence; and

(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

40

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

not guilty;

(c)   

if the representative indicates that the accused would plead

45

guilty the court shall proceed as if the proceedings

constituted from the beginning the summary trial of the

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

204

 

information, and as if section 9(1) above was complied with

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.

5

(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—

10

(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.

15

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

20

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

25

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

30

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 42 of this Act, is amended as follows.

35

      (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.

40

(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.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

205

 

(2B)   

The court may grant an application under subsection (2) above but

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—

(a)   

the accused is charged on the same occasion with two or

5

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 (2B) above shall have effect as if references to the sentence

10

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.

(2D)   

Where the court grants an application under subsection (2) above, it

15

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

in certain circumstances) there is substituted—

20

“(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

requiring his presence before the court.

25

(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

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

30

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)

15         

The Crime and Disorder Act 1998 is amended as follows.

35

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.

17         

After section 50 there is inserted—

40

“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.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

206

 

(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.

(3)   

Otherwise—

(a)   

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

5

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—

(i)   

the court shall first consider the relevant offence

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

10

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

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

above, the court shall then proceed to deal with the

15

relevant offence in accordance with sections 17A to 23

of the 1980 Act;

(b)   

in all other cases—

(i)   

the court shall first consider the relevant offence

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

20

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

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

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

25

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—

(a)   

the court shall consider the relevant offence

under sections 51 and 51A below and, where

30

applicable, deal with it under the relevant

section;

(b)   

if the adult is not sent to the Crown Court for

trial for the relevant offence by virtue of

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

35

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.

(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

40

(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

he is convicted of the relevant offence.”

18         

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

45

is substituted—

“51     

Sending cases to the Crown Court: adults

(1)   

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

(“the court”) charged with an offence and any of the conditions

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

207

 

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—

(a)   

that the offence is an offence triable only on indictment other

than one in respect of which notice has been given under

5

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

the Magistrates’ Courts Act 1980 to proceed in relation to the

offence in accordance with subsection (1) above;

10

(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,

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

15

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

(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

20

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)

above subsequently appears or is brought before a magistrates’ court

charged with an either-way or summary offence which—

25

(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

30

either-way or summary offence.

(5)   

Where—

(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

35

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,

   

the court shall where it is the same occasion, and may where it is a

40

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

either-way or summary offence with which he is charged and

45

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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