SCHEDULES
SCHEDULE 3 Procedure where persons are sent for trial under section 51
Procedure where no indictable-only offence remains
I17
1
Subject to paragraph 13 below, this paragraph applies where—
a
a person has been sent for trial under section 51 F3or 51A of this Act but has not been arraigned; and
b
the person is charged on an indictment which (following amendment of the indictment, or as a result of an application under paragraph 2 above, or for any other reason) includes no F4main offence.
2
Everything that the Crown Court is required to do under the following provisions of this paragraph must be done with the accused present in court.
3
The court shall cause to be read to the accused each F5remaining count of the indictment that charges an offence triable either way.
4
The court shall then explain to the accused in ordinary language that, in relation to each of those offences, he may indicate whether (if it were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty the court must proceed as mentioned in sub-paragraph (6) below.
5
The court shall then ask the accused whether (if the offence in question were to proceed to trial) he would plead guilty or not guilty.
6
If the accused indicates that he would plead guilty the court shall proceed as if he had been arraigned on the count in question and had pleaded guilty.
7
If the accused indicates that he would plead not guilty, or fails to indicate how he would plead, the court shall F6decide whether the offence is more suitable for summary trial or for trial on indictment.
8
Subject to sub-paragraph (6) above, the following shall not for any purpose be taken to constitute the taking of a plea—
a
asking the accused under this paragraph whether (if the offence were to proceed to trial) he would plead guilty or not guilty;
b
an indication by the accused under this paragraph of how he would plead.
F79
In this paragraph, a “main offence” is—
a
an offence for which the person has been sent to the Crown Court for trial under section 51(1) of this Act; or
b
an offence—
i
for which the person has been sent to the Crown Court for trial under subsection (5) of section 51 or subsection (6) of section 51A of this Act (“the applicable subsection”); and
ii
in respect of which the conditions for sending him to the Crown Court for trial under the applicable subsection (as set out in paragraphs (a) to (c) of section 51(5) or paragraphs (a) and (b) of section 51A(6)) continue to be satisfied.
I28
1
Subject to paragraph 13 below, this paragraph applies in a case where—
a
a person has been sent for trial under section 51 F8or 51A of this Act but has not been arraigned;
b
he is charged on an indictment which (following amendment of the indictment, or as a result of an application under paragraph 2 above, or for any other reason) includes no F9main offence (within the meaning of paragraph 7 above);
c
he is represented by a legal representative;
d
the Crown Court considers that by reason of his disorderly conduct before the court it is not practicable for proceedings under paragraph 7 above to be conducted in his presence; and
e
the court considers that it should proceed in his absence.
2
In such a case—
a
the court shall cause to be read to the representative each F10remaining count of the indictment that charges an offence triable either way;
b
the court shall ask the representative whether (if the offence in question 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 accused had been arraigned on the count in question and had pleaded guilty;
d
if the representative indicates that the accused would plead not guilty, or fails to indicate how the accused would plead, the court shall F11decide whether the offence is more suitable for summary trial or for trial on indictment.
3
Subject to sub-paragraph (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea—
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 paragraph of how the accused would plead.
I39
1
This paragraph applies where the Crown Court is required by paragraph 7(7) or 8(2)(d) above to F12decide the question whether an offence is more suitable for summary trial or for trial on indictment.
F132
Before deciding the question, 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 indictment would be more suitable.
3
In deciding the question, 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 under sub-paragraph (2)(b) above,
and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section F1122 of the Coroners and Justice Act 2009.
4
Where—
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;
sub-paragraph (3)(a) 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.
5
In this paragraph any reference to a previous conviction is a reference to—
a
a previous conviction by a court in the United Kingdom, F20...
F21aa
a previous conviction by a court in another member State of a relevant offence under the law of that State, or
F2b
a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).
F225A
For the purposes of sub-paragraph (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.
I410
1
This paragraph applies (unless excluded by paragraph 15 below) where the Crown Court considers that an offence is more suitable for summary trial.
F272
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, and that he can either consent to be so tried or, of he wishes, be tried by a jury; and
F272
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
c
in the case of a specified offence (within the meaning of F23section 306 of the Sentencing Code), that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under F24section 15 of the Sentencing Code if the committing court is of such opinion as is mentioned in F25subsection (1)(b) of that section.
3
After explaining to the accused as provided by sub-paragraph (2) above the court shall ask him whether he wishes to be tried summarily or F26by a juryF26on indictment, and—
a
if he indicates that he wishes to be tried summarily, shall remit him for trial to a magistrates’ court acting for the place where he was sent to the Crown Court for trial;
b
if he does not give such an indication, shall retain its functions in relation to the offence and proceed accordingly.
I511
If the Crown Court considers that an offence is more suitable for trial on indictment, the court—
a
shall tell the accused that it has decided that it is more suitable for him to be tried for the offence F14on indictment; and
b
shall retain its functions in relation to the offence and proceed accordingly.
F1512
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I613
1
This paragraph applies, in place of paragraphs 7 to 12 above, in the case of a child or young person who—
a
has been sent for trial under section 51 F16or 51A of this Act but has not been arraigned; and
b
is charged on an indictment which (following amendment of the indictment, or as a result of an application under paragraph 2 above, or for any other reason) includes no F17main offence.
2
The Crown Court shall remit the child or young person for trial to a magistrates’ court acting for the place where he was sent to the Crown Court for trial F18. . .
F193
In this paragraph, a “main offence” is—
a
an offence for which the child or young person has been sent to the Crown Court for trial under section 51A(2) of this Act; or
b
an offence—
i
for which the child or young person has been sent to the Crown Court for trial under subsection (7) of section 51 of this Act; and
ii
in respect of which the conditions for sending him to the Crown Court for trial under that subsection (as set out in paragraphs (a) and (b) of that subsection) continue to be satisfied.