13(1)This paragraph applies, in place of paragraphs 7 to 12 above, in the case of a child or young person who—E+W
(a)has been sent for trial under section 51 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 offence that is triable only on indictment.
(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 unless—
(a)he is charged with such an offence as is mentioned in [F1subsection (1) or (2) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000] (punishment of certain grave crimes) and the Crown Court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of subsection (3) of that section; or
(b)he is charged jointly with an adult with an offence triable either way and the Crown Court considers it necessary in the interests of justice that they both be tried for the offence in the Crown Court.
(3)In sub-paragraph (2) above “adult” has the same meaning as in section 51 of this Act.
Textual Amendments
F1Words in Sch. 3 para. 13(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 201(3)
Commencement Information
I1Sch. 3 para. 13 wholly in force; Sch. 3 para. 13 not in force at Royal Assent see s. 121. In force at 30.9.1998 for certain purposes by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); Sch. 3 para. 13 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 3 para. 13 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)