20(1)Schedule 3 (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) is amended as follows.E+W
(2)In paragraph 1(1)—
(a)after “51” there is inserted “ or 51A ”, and
(b)in paragraph (b), for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”.
(3)In paragraph 2—
(a)in sub-paragraph (1)—
(i)after “51” there is inserted “ or 51A ”, and
(ii)for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”, and
(b)sub-paragraphs (4) and (5) are omitted.
(4)In paragraph 4, in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”.
(5)In paragraph 5, in sub-paragraph (2), after “51” there is inserted “ or 51A ”.
(6)Paragraph 6 is amended as follows—
(a)in sub-paragraph (1), after “51” there is inserted “ or 51A ”,
(b)in sub-paragraph (2), for the words from the second “offence” to the end there is substituted “ indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent ”, and
(c)in sub-paragraph (9), for “indictable-only” there is substituted “ indictable ”.
(7)In paragraph 7—
(a)in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,
(b)in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”,
(c)in sub-paragraph (3), after “each” there is inserted “ remaining ”,
(d)in sub-paragraph (7), for “consider” there is substituted “ decide ”, and
(e)after sub-paragraph (8) there is inserted—
“(9)In this paragraph, a “main offence” is—
(a)an offence for which the person has been sent to the Crown Court for trial under section 51(1) of this Act; or
(b)an offence—
(i)for which the person has been sent to the Crown Court for trial under subsection (5) of section 51 or subsection (6) of section 51A of this Act (“the applicable subsection”); and
(ii)in respect of which the conditions for sending him to the Crown Court for trial under the applicable subsection (as set out in paragraphs (a) to (c) of section 51(5) or paragraphs (a) and (b) of section 51A(6)) continue to be satisfied.”
(8)In paragraph 8—
(a)in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,
(b)in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence (within the meaning of paragraph 7 above) ”,
(c)in sub-paragraph (2)(a), after “each” there is inserted “ remaining ”, and
(d)in sub-paragraph (2)(d), for “consider” there is substituted “ decide ”.
(9)In paragraph 9—
(a)in sub-paragraph (1), for “consider” there is substituted “ decide ”, and
(b)for sub-paragraphs (2) and (3), there is substituted—
“(2)Before deciding the question, the court—
(a)shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and
(b)shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable.
(3)In deciding the question, the court shall consider—
(a)whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and
(b)any representations made by the prosecution or the accused under sub-paragraph (2)(b) above,
and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003.
(4)Where—
(a)the accused is charged on the same occasion with two or more offences; and
(b)it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character;
sub-paragraph (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together.
(5)In this paragraph any reference to a previous conviction is a reference to—
(a)a previous conviction by a court in the United Kingdom, or
(b)a previous finding of guilt in—
(i)any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or
(ii)any proceedings before a Standing Civilian Court.”
(10)In paragraph 10—
(a)for sub-paragraph (2), there is substituted—
“(2)The court shall explain to the accused in ordinary language—
(a)that it appears to the court more suitable for him to be tried summarily for the offence;
(b)that he can either consent to be so tried or, if he wishes, be tried on indictment; and
(c)in the case of a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003), that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the committing court is of such opinion as is mentioned in subsection (2) of that section.”, and
(b)in sub-paragraph (3), for “by a jury” there is substituted “ on indictment ”.
(11)In paragraph 11, in sub-paragraph (a), for “by a jury” there is substituted “ on indictment ”.
(12)Paragraph 12 shall cease to have effect.
(13)In paragraph 13—
(a)in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,
(b)in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”,
(c)in sub-paragraph (2), the words from “unless” to the end are omitted, and
(d)for sub-paragraph (3) there is substituted—
“(3)In this paragraph, a “main offence” is—
(a)an offence for which the child or young person has been sent to the Crown Court for trial under section 51A(2) of this Act; or
(b)an offence—
(i)for which the child or young person has been sent to the Crown Court for trial under subsection (7) of section 51 of this Act; and
(ii)in respect of which the conditions for sending him to the Crown Court for trial under that subsection (as set out in paragraphs (a) and (b) of that subsection) continue to be satisfied.”
(14)In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered” there is substituted “ decided ”.
Commencement Information
I1Sch. 3 para. 20(1) (2) in force at 18.5.2012 by S.I. 2012/1320, art. 2(b)(ii) (with art. 6(1))
I2Sch. 3 para. 20(3)-(14) in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)
I3Sch. 3 para. 20(3)-(14) in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)
I4Sch. 3 para. 20(3)-(14) in force at 28.5.2013 for specified purposes by S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)