9.12.—(1) This rule applies where—
(a)rule 9.11 applies;
(b)the defendant agrees to trial in a magistrates’ court; but
(c)the prosecutor wants the court to exercise its power to send the defendant to the Crown Court for trial instead.
(2) The prosecutor must—
(a)apply before trial in a magistrates’ court begins under Part 37 (Trial and sentence in a magistrates’ court); and
(b)notify—
(i)the defendant, and
(ii)the magistrates’ court officer.
(3) The court must determine an application to which this rule applies before it deals with any other pre-trial application.
[Note. See sections 8A and 25 of the Magistrates’ Courts Act 1980(1). Under section 25(2B), the court may grant an application to which this rule applies only if it is satisfied that the sentence which a magistrates’ court would have power to impose would be inadequate.]
1980 c. 43; section 8A was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by SI 2006/2493. It is amended by paragraphs 12 and 14 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed. Section 25 was amended by section 31 of, and paragraph 3 of Schedule 1 and Schedule 2, to the Prosecution of Offences Act 1985 (c. 23), paragraph 6 of Schedule 8 to the Criminal Justice Act 1991 (c. 53), paragraphs 1 and 5 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25) and section 42 of the Criminal Justice Act 2003 (c. 44), and is further amended by paragraphs 1 and 11 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.