(1)The court shall consider whether, having regard to the matters mentioned in subsection (3) below and any representations made by the prosecutor or the accused, the offence appears to the court more suitable for summary trail or for trial on indictment.
(2)Before so considering, the court—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)shall afford first the prosecutor and then the accused an opportunity to make representations as to which mode of trial would be more suitable.
(3)The matters to which the court is to have regard under subsection (1) above are the nature of the case; whether the circumstances make the offence one of serious character; whether the punishment which a magistrates’ court would have power to inflict for it would be adequate; and any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other.
(4)If the prosecution is being carried on by the Attorney General, the Solicitor General or the Director of Public Prosecutions and he applies for the offence to be tried on indictment, the preceding provisions of this section and sections 20 to 21 below shall not apply, and the court shall proceed to inquire into the information as examining justices.
[F2(5)The power of the Director of Public Prosecutions under subsection (4) above to apply for an offence to be tried on indictment shall not be exercised except with the consent of the Attorney General.]
Textual Amendments
F1S. 19(2)(a) repealed (4.7.1996 with application as mentioned in s. 49(6) of the repealing Act and S.I. 1997/2199) by 1996 c. 25, ss. 49(4)(6), 80, Sch. 5 table3 (with s. 78(1)); S.I. 1997/2199, art.2
F2S. 19(5) added by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. I para. 2
Modifications etc. (not altering text)
C1S. 19(5) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 205, Sch. 1 para. 18(1)