Part I Criminal Jurisdiction and Procedure
Offences triable on indictment or summarily
20AF1Procedure where summary trial appears more suitable: supplementary
C11
Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.
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
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—
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.
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 references to a non-custodial sentence shall be construed accordingly.