8(1)Subject to paragraph 13 below, this paragraph applies in a case where—E+W
(a)a person has been sent for trial under section 51 of this Act but has not been arraigned;
(b)he 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;
(c)he is represented by a legal representative;
(d)the Crown Court considers that by reason of his disorderly conduct before the court it is not practicable for proceedings under paragraph 7 above to be conducted in his presence; and
(e)the court considers that it should proceed in his absence.
(2)In such a case—
(a)the court shall cause to be read to the representative each count of the indictment that charges an offence triable either way;
(b)the court shall ask the representative whether (if the offence in question were to proceed to trial) the accused would plead guilty or not guilty;
(c)if the representative indicates that the accused would plead guilty the court shall proceed as if the accused had been arraigned on the count in question and had pleaded guilty;
(d)if the representative indicates that the accused would plead not guilty, or fails to indicate how the accused would plead, the court shall consider whether the offence is more suitable for summary trial or for trial on indictment.
(3)Subject to sub-paragraph (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)asking the representative under this section whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty;
(b)an indication by the representative under this paragraph of how the accused would plead.
Commencement Information
I1Sch. 3 para. 8 partly in force; Sch. 3 para. 8 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. 8 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. 8 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)