Part I Criminal Jurisdiction and Procedure
F1Trial by single justice on the papers
16ATrial by single justice on the papers
1
A magistrates' court may try a written charge in accordance with subsections (3) to (10) if—
a
the offence charged is a summary offence not punishable with imprisonment,
b
the accused had attained the age of 18 years when charged F2, or is not an individual,
c
the court is satisfied that—
i
the documents specified in subsection (2) have been served on the accused, and
ii
service of all of the documents was effected at the same time, F4...
d
the accused has not served on the designated officer specified in the single justice procedure notice, within the period prescribed by Criminal Procedure Rules, a written notification stating either—
i
a desire to plead not guilty, or
ii
a desire not to be tried in accordance with this section F3, and
e
the accused has not accepted the automatic online conviction option in respect of the offence.
2
The documents mentioned in subsection (1)(c) are—
a
a written charge and a single justice procedure notice (see section 29 of the Criminal Justice Act 2003), and
b
such other documents as may be prescribed by Criminal Procedure Rules (see section 29(3B) of the Criminal Justice Act 2003).
3
The court may not hear any oral evidence and may consider only the contents of the following—
a
the documents specified in subsection (2),
b
any document containing information to which subsection (4) applies, and
c
any written submission that the accused makes with a view to mitigation of sentence.
4
This subsection applies to information if—
a
a notice describing the information was served on the accused at the same time as the documents specified in subsection (2), and
b
a copy of the notice has been served on the designated officer specified in the single justice procedure notice.
5
The court may disregard a written submission that is not served on the designated officer specified in the single justice procedure notice within the period prescribed by Criminal Procedure Rules.
6
The court is not required to conduct any part of the proceedings in open court.
7
The court may try the charge in the absence of the parties and, if a party appears, must proceed as if the party were absent.
8
If the accused served on the designated officer specified in the notice a written notification stating a desire to plead guilty and to be tried in accordance with this section, the court may try the charge as if the accused had pleaded guilty.
9
The court may not remand the accused.
10
If the resumed trial is to be conducted in accordance with subsections (3) to (9), no notice is required of the resumption of the trial after an adjournment.
11
A magistrates' court acting under this section may be composed of a single justice.
12
Any magistrates' court may try a written charge in accordance with subsections (3) to (10), whether or not its designated officer is specified in the single justice procedure notice.
13
Subsection (1) is subject to sections 16B and 16C.
Ss. 16A-16F and cross-heading inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 48(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 39