[F11[F2(1)][F3Subject to sub-paragraph (2),][F4and paragraph 1A] the following provisions of this Part of this Schedule apply to the defendant if—E+W
(a)the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or
(b)his extradition is sought in respect of an offence.
[F5(2)But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—
(a)a summary offence; or
(b)an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—
(i)a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or
(ii)a determination has been made under section 9A(4) of this Act to the same effect.]]
Textual Amendments
F1 Sch. 1 Pt. I para. 1 substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(12), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2).
F2Sch. 1 Pt. I para. 1: renumbered as Sch. 1 Pt. I para. 1(1) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 5(1); S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
F3Words in Sch. 1 Pt. I para. 1(1) inserted by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 5(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
F4Words in Sch. 1 Pt. 1 para. 1(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 12; S.I. 2012/2906, art. 2(i)
F5Sch. 1 Pt. I para 1(2) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 5(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 27