7(1)Subject to paragraph 13 below, this paragraph applies where—E+W
(a)a person has been sent for trial under section 51 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 offence that is triable only on indictment.
(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 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 consider 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.
Commencement Information
I1Sch. 3 para. 7 partly in force; Sch. 3 para. 7 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. 7 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. 7 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)