(1) The time when a conviction under section 16H takes effect is to be determined in accordance with Criminal Procedure Rules.
(2) A conviction under section 16H is to be treated as a conviction by the specified magistrates’ court.
(3) A fine to which a person is liable under section 16I is to be treated as if it had been imposed by the specified magistrates’ court on conviction.
(4) An endorsement of a person’s driving record under section 16I is to be treated as if the specified magistrates’ court had ordered the endorsement under section 44 of the Road Traffic Offenders Act 1988.
(5) Compensation which a person is liable to pay under section 16I is to be treated as if the specified magistrates’ court had ordered it to be paid under Chapter 2 of Part 7 of the Sentencing Code.
(6) Prosecution costs which a person is liable to pay under section 16I are to be treated as if the specified magistrates’ court had ordered them to be paid under section 18 of the Prosecution of Offences Act 1985.
(7) A surcharge which a person is liable to pay under section 16I is to be treated as if the specified magistrates’ court had ordered it to be paid under section 42 of the Sentencing Code.
(8) In this section, “specified magistrates’ court” means the magistrates’ court specified in the notice of conviction and penalty (see section 16L(2)(b)).
(1) The Lord Chancellor must secure that a person who is convicted of an offence under section 16H is given a notice of conviction and penalty.
(2) A notice of conviction and penalty is an electronic notification which—
(a) sets out each penalty imposed on the offender under section 16I;
(b) specifies a magistrates’ court for the purposes of section 16K;
(c) requires the offender to pay the sums that the offender is liable to pay under section 16I—
(i) within the relevant 28-day period, and
(ii) in the manner specified in the notice.
(3) The relevant 28-day period is the period of 28 days beginning with the day on which the person’s conviction took effect.
(4) In this section—
“electronic notification” has the meaning given by section 16G(4);
“penalty” means—
a fine,
penalty points,
compensation,
prosecution costs, or
a surcharge;
“penalty points” has the same meaning as in the Road Traffic Offenders Act 1988.
16M Powers to set aside a conviction or replace a penalty etc
(1) A magistrates’ court may set aside a conviction under section 16H if it appears to the court that the conviction is unjust.
(2) Subsection (1) does not affect the validity of a written charge or a single justice procedure notice.
(3) A magistrates’ court carrying out functions under subsection (1) may be composed of a single justice.
(4) But if a magistrates’ court composed of a single justice is minded to refuse to set aside a conviction—
(a) the decision must instead be referred to a magistrates’ court that is not so composed; and
(b) the parties must be given the opportunity to attend at, and make representations to, the magistrates’ court making that decision.
(5) A magistrates’ court—
(a) may set aside any penalty imposed on a person under section 16I if it appears to the court that the amount of that penalty is unjust; and
(b) if it does so, may impose any sentence that it could have imposed for that offence if the person had pleaded guilty before it at the earliest opportunity.
(6) The reference in subsection (5)(a) to the amount of a penalty is to be read, in relation to penalty points, as a reference to the number of penalty points imposed.
(7) A magistrates’ court may exercise a power conferred by this section—
(a) on an application by the person convicted,
(b) on an application by the relevant prosecutor who initiated the proceedings, or
(c) of its own motion.
(8) In this section—
“penalty” and “penalty points” have the meanings given by section 16L(4);
“relevant prosecutor” has the same meaning as in section 29 of the Criminal Justice Act 2003.
(1) The offences listed in Schedule 1 to this Act shall be triable either way.
(2) Subsection (1) above is without prejudice to any other enactment by virtue of which any offence is triable either way.
17A Initial procedure: accused to indicate intention as to plea.
(1) This section shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way.
(2) Everything that the court is required to do under the following provisions of this section must be done with the accused present in court.
(3) The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.
(4) The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty—
(a) the court must proceed as mentioned in subsection (6) below; and
(b) he may (unless section 17D(2) below were to apply) be committed for sentence to the Crown Court under section 14 or (if applicable) 15 of the Sentencing Code if the court is of such opinion as is mentioned in subsection (1)(b) of the applicable section.
(5) The court shall then ask the accused whether (if the offence 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—
(a) the proceedings constituted from the beginning the summary trial of the information; and
(b) section 9(1) above was complied with and he pleaded guilty under it.
(7) If the accused indicates that he would plead not guilty section 18(1) below shall apply.
(8) If the accused in fact fails to indicate how he would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that he would plead not guilty.
(9) Subject to subsection (6) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a) asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty;
(b) an indication by the accused under this section of how he would plead.
(10) If in respect of the offence the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and the provisions of section 17B below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51 or, as the case may be, section 51A of that Act.
(1) This section shall have effect where—
(a) a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way,
(b) the accused is represented by a legal representative,
(c) the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 17A above to be conducted in his presence, and
(d) the court considers that it should proceed in the absence of the accused.
(2) In such a case—
(a) the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative;
(b) the court shall ask the representative whether (if the offence 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 proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it;
(d) if the representative indicates that the accused would plead not guilty section 18(1) below shall apply.
(3) If the representative in fact fails to indicate how the accused would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that the accused would plead not guilty.
(4) Subject to subsection (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 section of how the accused would plead.
A magistrates’ court proceeding under section 17A or 17B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if—
(a) on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or
(b) he has been remanded at any time in the course of proceedings on the information;
and where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.
17D Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences
(1) If—
(a) the offence is a scheduled offence (as defined in section 22(1) below);
(b) the court proceeds in relation to the offence in accordance with section 17A(6) or 17B(2)(c) above; and
(c) the court convicts the accused of the offence,
the court shall consider whether, having regard to any representations made by him or by the prosecutor, the value involved (as defined in section 22(10) below) appears to the court to exceed the relevant sum (as specified for the purposes of section 22 below).
(2) If it appears to the court clear that the value involved does not exceed the relevant sum, or it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum—
(a) subject to subsection (4) below, the court shall not have power to impose on the accused in respect of the offence a sentence in excess of the limits mentioned in section 33(1)(a) below; and
(b) sections 14 and 18 of the Sentencing Code shall not apply as regards that offence.
(3) Subsections (9) to (12) of section 22 below shall apply for the purposes of this section as they apply for the purposes of that section (reading the reference to subsection (1) in section 22(9) as a reference to subsection (1) of this section).
(4) Subsection (2)(a) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).
17E Functions under sections 17A to 17D capable of exercise by single justice
(1) The functions of a magistrates' court under sections 17A to 17D above may be discharged by a single justice.
(2) Subsection (1) above shall not be taken as authorising—
(a) the summary trial of an information (otherwise than in accordance with section 17A(6) or 17B(2)(c) above); or
(b) the imposition of a sentence,
by a magistrates' court composed of fewer than two justices.
18 Initial procedure on information against adult for offence triable either way.
(1) Sections 19 to 23 below shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way and—
(a) he indicates under section 17A above that (if the offence were to proceed to trial) he would plead not guilty, or
(b) his representative indicates under section 17B above that (if the offence were to proceed to trial) he would plead not guilty
(2) Without prejudice to section 11(1) above, everything that the court is required to do under sections 19 to 22 below must be done before any evidence is called and, subject to subsection (3) below and section 23 below, with the accused present in court.
(3) The court may proceed in the absence of the accused in accordance with such of the provisions of sections 19 to 22 below as are applicable in the circumstances if the court considers that by reason of his disorderly conduct before the court it is not practicable for the proceedings to be conducted in his presence; and the subsections (3) to (5) of section 23 below, so far as applicable, shall have effect in relation to proceedings conducted in the absence of the accused by virtue of this subsection (references in those subsections to the person representing the accused being for this purpose read as references to the person, if any, representing him).
(4) A magistrates’ court proceeding under sections 19 to 23 below may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if—
(a) on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or
(b) he has been remanded at any time in the course of proceedings on the information;
and where the court remands the accused, the time fixed for the resumption of the proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.
(5) The functions of a magistrates' court under sections 19 to 23 below may be discharged by a single justice, but this subsection shall not be taken as authorising—
(a) the summary trial of an information (otherwise than in accordance with section 20(7) below); or
(b) the imposition of a sentence,
by a magistrates' court composed of fewer than two justices.
(1) The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment.
(2) Before making a decision under this section, 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 making a decision under this section, 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 subsection (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 with two or more offences; and
(b) it appears to the court that the charges for the offences could be joined in the same indictment or that the offences arise out of the same or connected circumstances,
subsection (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 section any reference to a previous conviction is a reference to—
(a) a previous conviction by a court in the United Kingdom; ... or
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If, in respect of the offence, the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and sections 20, 20A and 21 below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51(1) of that Act.
20 Procedure where summary trial appears more suitable
(1) If the court decides under section 19 above that the offence appears to it more suitable for summary trial, the following provisions of this section shall apply (unless they are excluded by section 23 below).
(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) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 14 or (if applicable) 15 of the Sentencing Code if the court is of such opinion as is mentioned in subsection (1)(b) of the applicable section.
(3) The accused may then request an indication (“an indication of sentence”) of whether a custodial sentence or non-custodial sentence would be more likely to be imposed if he were to be tried summarily for the offence and to plead guilty.
(4) If the accused requests an indication of sentence, the court may, but need not, give such an indication.
(5) If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes, on the basis of the indication, to reconsider the indication of plea which was given, or is taken to have been given, under section 17A or 17B above.
(6) If the accused indicates that he wishes to reconsider the indication under section 17A or 17B above, the court shall ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.
(7) If the accused indicates that he would plead guilty the court shall proceed as if—
(a) the proceedings constituted from that time the summary trial of the information; and
(b) section 9(1) above were complied with and he pleaded guilty under it.
(8) Subsection (9) below applies where—
(a) the court does not give an indication of sentence (whether because the accused does not request one or because the court does not agree to give one);
(b) the accused either—
(i) does not indicate, in accordance with subsection (5) above, that he wishes; or
(ii) indicates, in accordance with subsection (5) above, that he does not wish,
to reconsider the indication of plea under section 17A or 17B above; or
(c) the accused does not indicate, in accordance with subsection (6) above, that he would plead guilty.
(9) The court shall ask the accused whether he consents to be tried summarily or wishes to be tried on indictment and—
(a) if he consents to be tried summarily, shall proceed to the summary trial of the information; and
(b) if he does not so consent, shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
20A Procedure where summary trial appears more suitable: supplementary
(1) Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.
(2) Subsection (1) above is subject to sections 15(4), 18(8) and 21(6) of the Sentencing Code.
(3) Except as provided in subsection (1) above—
(a) an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and
(b) no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence.
(4) Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a) asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or
(b) an indication by the accused under that section of how he would plead.
(5) Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register.
(6) In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning given by section 222 of the Sentencing Code, and references to a non-custodial sentence shall be construed accordingly.
21 Procedure where trial on indictment appears more suitable
If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried on indictment, and shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
22 Certain offences triable either way to be tried summarily if value involved is small.
(1) If the offence charged by the information is one of those mentioned in the first column of Schedule 2 to this Act (in this section referred to as “scheduled offences”) then, ... the court shall, before proceeding in accordance with section l9 above, consider whether, having regard to any representations made by the prosecutor or the accused, the value involved (as defined in subsection (10) below) appears to the court to exceed the relevant sum.
For the purposes of this section the relevant sum is £5,000.
(2) If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed as if the offence were triable only summarily, and sections l9 to 21 above shall not apply.
(3) If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved exceeds that relevant sum, the court shall thereupon proceed in accordance with section 19 above in the ordinary way without further regard to the provisions of this section.
(4) If, where subsection (1) above applies, it appears to the court for any reason not clear whether, for the offence charged, the value involved does or does not exceed the relevant sum, the provisions of subsections (5) and (6) below shall apply.
(5) The court shall cause the charge to be written down, if this has not already been done, and read to the accused, and shall explain to him in ordinary language—
(a) that he can, if he wishes, consent to be tried summarily for the offence and that if he consents to be so tried, he will definitely be tried in that way; and
(b) that if he is tried summarily and is convicted by the court, his liability to imprisonment or a fine will be limited as provided in section 33 below.
(6) After explaining to the accused as provided by subsection (5) above the court shall ask him whether he consents to be tried summarily and—
(a) if he so consents, shall proceed in accordance with subsection (2) above as if that subsection applied;
(b) if he does not so consent, shall proceed in accordance with subsection (3) above as if that subsection applied.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Where a person is convicted by a magistrates’ court of a scheduled offence, it shall not be open to him to appeal to the Crown Court against the conviction on the ground that the convicting court’s decision as to the value involved was mistaken.
(9) If, where subsection (1) above applies, the offence charged is one with which the accused is charged jointly with a person who has not attained the age of 18 years, the reference in that subsection to any representations made by the accused shall be read as including any representations made by the person under 18.
(10) In this section “the value involved”, in relation to any scheduled offence, means the value indicated in the second column of Schedule 2 to this Act, measured as indicated in the third column of that Schedule; and in that Schedule “the material time” means the time of the alleged offence.
(11) Where—
(a) the accused is charged on the same occasion with two or more scheduled offences and 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; or
(b) the offence charged consists in incitement to commit two or more scheduled offences,
this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved.
(11A) In paragraph 1 of Schedule 2 “memorial” means—
(a) a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land), or
(b) a garden or any other thing planted or grown on land,
which has a commemorative purpose.
(11B) For the purposes of that paragraph, any moveable thing (such as a bunch of flowers) which—
(a) is left in, on or at a memorial within the meaning of subsection (11A), and
(b) has (or can reasonably be assumed to have) a commemorative purpose,
is also to be regarded as a memorial.
(11C) For the purposes of subsections (11A) and (11B)—
(a) references to a building or a structure include a reference to part of a building or part of a structure (as the case may be), and
(b) something has a commemorative purpose if at least one of its purposes is to commemorate—
(i) one or more individuals or animals (or a particular description of individuals or animals), or
(ii) an event or a series of events (such as an armed conflict).
(11D) It is immaterial for the purposes of subsection (11C)(b)(i) whether or not any individuals or animals concerned are or were (at any material time)—
(a) living or deceased, or
(b) capable of being identified.
(12) Subsection (8) of section 12A of the Theft Act 1968 (which determines when a vehicle is recovered) shall apply for the purposes of paragraph 3 of Schedule 2 to this Act as it applies for the purposes of that section.
(1) Low-value shoplifting is triable only summarily.
(2) But where a person accused of low-value shoplifting is aged 18 or over, and appears or is brought before the court before the summary trial of the offence begins, the court must give the person the opportunity of electing to be tried by the Crown Court for the offence and, if the person elects to be so tried—
(a) subsection (1) does not apply, and
(b) the court must proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
(3) “Low-value shoplifting” means an offence under section 1 of the Theft Act 1968 in circumstances where—
(a) the value of the stolen goods does not exceed £200,
(b) the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and
(c) at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential customer of the person offering the goods for sale.
(4) For the purposes of subsection (3)(a)—
(a) the value of the stolen goods is the price at which they were being offered for sale at the time of the offence, and
(b) where the accused is charged on the same occasion with two or more offences of low-value shoplifting, the reference to the value involved has effect as if it were a reference to the aggregate of the values involved.
(5) A person guilty of low-value shoplifting is liable on summary conviction to—
(a) imprisonment for a period not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(4) and (5) of the Criminal Justice Act 2003),
(b) a fine, or
(c) both.
(6) A person convicted of low-value shoplifting by a magistrates' court may not appeal to the Crown Court against the conviction on the ground that the convicting court was mistaken as to whether the offence was one of low-value shoplifting.
(7) For the purposes of this section, any reference to low-value shoplifting includes aiding, abetting, counselling or procuring the commission of low-value shoplifting.
23 Power of court, with consent of legally represented accused, to proceed in his absence.
(1) Where—
(a) the accused is represented by a legal representative who in his absence signifies to the court the accused’s consent to the proceedings for determining how he is to be tried for the offence being conducted in his absence; and
(b) the court is satisfied that there is good reason for proceeding in the absence of the accused,
the following provisions of this section shall apply.
(2) Subject to the following provisions of this section, the court may proceed in the absence of the accused in accordance with such of the provisions of sections 19 to 22 above as are applicable in the circumstances.
(3) If, in a case where subsection (1) of section 22 above applies, it appears to the court as mentioned in subsection (4) of that section, subsections (5) and (6) of that section shall not apply and the court—
(a) if the accused’s consent to be tried summarily has been or is signified by the person representing him, shall proceed in accordance with subsection (2) of that section as if that subsection applied; or
(b) if that consent has not been and is not so signified, shall proceed in accordance with subsection (3) of that section as if that subsection applied.
(4) If the court decides under section 19 above that the offence appears to it more suitable for for summary trial then—
(a) if the accused’s consent to be tried summarily has been or is signified by the person representing him, section 20 above shall not apply, and the court shall proceed to the summary trial of the information; or
(b) if that consent has not been and is not so signified, section 20 above shall not apply and the court shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
(5) If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, section 21 above shall not apply and the court shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
24 Summary trial of information against child or young person for indictable offence.
(1) Where a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an indictable offence he shall, subject to sections 51 and 51A of the Crime and Disorder Act 1998 and to sections 24A and 24B below, be tried summarily.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If on trying a person summarily in pursuance of subsection (1) above the court finds him guilty, it may impose a fine of an amount not exceeding £1000 or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for section 227(1) of the Sentencing Code, it could have sentenced him to imprisonment for a term not exceeding—
(a) the maximum term of imprisonment for the offence on conviction on indictment; or
(b) six months,
whichever is the less.
(4) In relation to a person under the age of l4 subsection (3) above shall have effect as if for the words “£1000” there were substituted the words “£250”; ...
24A Child or young person to indicate intention as to plea in certain cases
(1) This section applies where—
(a) a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998 (“the 1998 Act”); and
(b) but for the application of the following provisions of this section, the court would be required at that stage, by virtue of section 51(7) or (8) or 51A(3)(b), (4) or (5) of the 1998 Act to determine, in relation to the offence, whether to send the person to the Crown Court for trial (or to determine any matter, the effect of which would be to determine whether he is sent to the Crown Court for trial).
(2) Where this section applies, the court shall, before proceeding to make any such determination as is referred to in subsection (1)(b) above (the “relevant determination”), follow the procedure set out in this section.
(3) Everything that the court is required to do under the following provisions of this section must be done with the accused person in court.
(4) The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.
(5) The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty—
(a) the court must proceed as mentioned in subsection (7) below; and
(b) (in cases where the offence is one mentioned in section 249(1)(a) or (b) of the Sentencing Code) he may be sent to the Crown Court for sentencing under section 16 , 16A or 17 of that Act if the court is of such opinion as is mentioned in section 16(1)(c) , 16A(1)(c) or (if applicable) section 17(1)(b).
(6) The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.
(7) If the accused indicates that he would plead guilty, the court shall proceed as if—
(a) the proceedings constituted from the beginning the summary trial of the information; and
(b) section 9(1) above was complied with and he pleaded guilty under it,
and, accordingly, the court shall not (and shall not be required to) proceed to make the relevant determination or to proceed further under section 51 or (as the case may be) section 51A of the 1998 Act in relation to the offence.
(8) If the accused indicates that he would plead not guilty, the court shall proceed to make the relevant determination and this section shall cease to apply.
(9) If the accused in fact fails to indicate how he would plead, for the purposes of this section he shall be taken to indicate that he would plead not guilty.
(10) Subject to subsection (7) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a) asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty;
(b) an indication by the accused under this section of how he would plead.
24B Intention as to plea by child or young person: absence of accused
(1) This section shall have effect where—
(a) a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998;
(b) but for the application of the following provisions of this section, the court would be required at that stage to make one of the determinations referred to in paragraph (b) of section 24A(1) above (“the relevant determination”);
(c) the accused is represented by a legal representative;
(d) the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 24A above to be conducted in his presence; and
(e) the court considers that it should proceed in the absence of the accused.
(2) In such a case—
(a) the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative;
(b) the court shall ask the representative whether (if the offence 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 proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it;
(d) if the representative indicates that the accused would plead not guilty the court shall proceed to make the relevant determination and this section shall cease to apply.
(3) If the representative in fact fails to indicate how the accused would plead, for the purposes of this section he shall be taken to indicate that the accused would plead not guilty.
(4) Subject to subsection (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 section of how the accused would plead.
24C Intention as to plea by child or young person: adjournment
(1) A magistrates' court proceeding under section 24A or 24B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused.
(2) Where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.
24D Functions under sections 24A to 24C capable of exercise by single justice
(1) The functions of a magistrates' court under sections 24A to 24C above may be discharged by a single justice.
(2) Subsection (1) above shall not be taken as authorising—
(a) the summary trial of an information (other than a summary trial by virtue of section 24A(7) or 24B(2)(c) above); or
(b) the imposition of a sentence,
by a magistrates' court composed of fewer than two justices.
25 Power to change from summary trial to committal proceedings, and vice versa.
(1) Subsections (2) to (2D) below shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way.
(2) Where the court is required under section 20(9) above to proceed to the summary trial of the information, the prosecution may apply to the court for the offence to be tried on indictment instead.
(2A) An application under subsection (2) above—
(a) must be made before the summary trial begins; and
(b) must be dealt with by the court before any other application or issue in relation to the summary trial is dealt with.
(2B) The court may grant an application under subsection (2) above but only if it is satisfied that the sentence which a magistrates' court would have power to impose for the offence would be inadequate.
(2C) 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,
subsection (2B) 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.
(2D) Where the court grants an application under subsection (2) above, it shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 Power to issue summons to accused in certain circumstances.
(1) Where, in the circumstances mentioned in section 23(1)(a) above, the court is not satisfied that there is good reason for proceeding in the absence of the accused, the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court.
(2) In a case within subsection (1) above, if the accused is not present at the time and place appointed for the proceedings under section 19 or section 22(1) above, the court may issue a warrant for his arrest.
27 Effect of dismissal of information for offence triable either way.
Where on the summary trial of an information for an offence triable either way the court dismisses the information, the dismissal shall have the same effect as an acquittal on indictment.
(1) Where a person appears or is brought before a magistrates' court—
(a) to be tried by the court for an offence, or
(b) for the court to inquire into the offence as examining justices,
the court may transfer the matter to another magistrates' court.
(2) The court may transfer the matter before or after beginning the trial or inquiry.
(3) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
(4) The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
29 Power of magistrates’ court to remit a person under 17 for trial to a youth court in certain circumstances.
(1) Where—
(a) a person under the age of 18 years (“the juvenile”) appears or is brought before a magistrates’ court other than a youth court on an information jointly charging him and one or more other persons with an offence; and
(b) that other person, or any of those other persons, has attained that age,
subsection (2) below shall have effect notwithstanding proviso (a) in section 46(1) of the Children and Young Persons Act 1933 (which would otherwise require the charge against the juvenile to be heard by a magistrates’ court other than a youth court).
In the following provisions of this section “the older accused” means such one or more of the accused as have attained the age of 18 years.
(2) If—
(a) the court proceeds to the summary trial of the information in the case of both or all of the accused, and the older accused or each of the older accused pleads guilty; or
(b) the court—
(i) in the case of the older accused or each of the older accused, sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and
(ii) in the case of the juvenile, proceeds to the summary trial of the information,
then, if in either situation the juvenile pleads not guilty, the court may before any evidence is called in his case remit him for trial to a youth court acting for the same place as the remitting court or for the place where he habitually resides.
(3) A person remitted to a youth court under subsection (2) above shall be brought before and tried by a youth court accordingly.
(4) Where a person is so remitted to a youth court—
(a) he shall have no right of appeal against the order of remission; and
(b) the remitting court may , subject to section 25 of the Criminal Justice and Public Order Act 1994, give such directions as appear to be necessary with respect to his custody or for his release on bail until he can be brought before the youth court.
(5) The preceding provisions of this secion shall apply in relation to a corporation as if it were an individual who has attained the age of 18 years.
32 Penalties on summary conviction for offences triable either way.
(1) On summary conviction of any of the offences triable either way listed in Schedule 1 to this Act a person shall be liable to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the prescribed sum or both, except that—
(a) a magistrates’ court shall not have power to impose imprisonment for an offence so listed if the Crown Court would not have that power in the case of an adult convicted of it on indictment;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For any offence triable either way which is not listed in Schedule 1 to this Act, being an offence under a relevant enactment, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the prescribed sum unless the offence is one for which by virtue of an enactment other than this subsection a larger fine may be imposed on summary conviction.
(3) Where, by virtue of any relevant enactment, a person summarily convicted of an offence triable either way would, apart from this section, be liable to a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (2) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
(4) Subsection (2) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.
(5) Subsection (2) above shall not apply on summary conviction of any of the following offences:—
(a) offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;
(b) offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—
(i) section 4(2) (production, or being concerned in the production, of a controlled drug);
(ii) section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);
(iii) section 5(3) (having possession of a controlled drug with intent to supply it to another);
(iv) section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);
(v) section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or
(vi) section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).
(6) Where, as regards any offence triable either way, there is under any enactment (however framed or worded) a power by subordinate instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence—
(a) subsection (2) above shall not affect that power or override any restriction imposed in the exercise of that power; and
(b) the amount to which that fine may be restricted in the exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In subsection (5) above “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the Misuse of Drugs Act 1971.
(9) In this section—
“fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation;
“the prescribed sum” means £5,000 or such sum as is for the time being substituted in this definition by an order in force under section 143(1) below;
“relevant enactment” means an enactment contained in the Criminal Law Act 1977 or in any Act passed before, or in the same Session as, that Act.
(10) Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court) makes provision that affects the application of this section.
33 Maximum penalties on summary conviction in pursuance of section 22.
(1) Where in pursuance of subsection (2) of section 22 above a magistrates’ court proceeds to the summary trial of an information, then, if the accused is summarily convicted of the offence—
(a) subject to subsection (3) below the court shall not have power to impose on him in respect of that offence imprisonment for more than 3 months or a fine greater than level 4 on the standard scale; and
(b) section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 shall not apply as regards that offence.
(2) In subsection (1) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
(3) Paragraph (a) of subsection (1) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).
36A Alterations of names of petty sessions areas in inner London area.
(1) The committee of magistrates may at any time submit to the Secretary of State a draft order altering the name of any petty sessions area in the inner London area.
(2) Where the committee submit a draft order to the Secretary of State under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit.
(3) Any order under this section may contain transitional and other consequential provisions.