Crime and Disorder Act 1998

9 (1) This paragraph applies where the Crown Court is required by paragraph 7(7) or 8(2)(d) above to [F1 decide] the question whether an offence is more suitable for summary trial or for trial on indictment. E+W

[F2 (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 [F3 122 of the Coroners and Justice Act 2009].

(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, F4 ...

[F5 (aa) a previous conviction by a court in another member State of a relevant offence under the law of that State, or]

[F6 (b) a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]]

[F7 (5A) For the purposes of sub-paragraph (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.]

Textual Amendments

F1 Word in Sch. 3 para. 9(1) substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 20(9)(a); 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); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F2 Sch. 3 para. 9(2)-(5) substituted for Sch. 3 para. 9(2)(3) (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 20(9)(b); 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); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F3 Words in Sch. 3 para. 9(3) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 81 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 20(b)

F4 Word in Sch. 3 para. 9(5)(a) repealed (28.5.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 5(2), Sch. 23 Pt. 5 (with s. 180); S.I. 2013/1104, art. 2(b)

F5 Sch. 3 para. 9(5)(aa) inserted (28.5.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 5(2) (with s. 180); S.I. 2013/1104, art. 2(b)

F6 Sch. 3 para. 9(5)(b) substituted (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 155; S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

F7 Sch. 3 para. 9(5A) inserted (28.5.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 5(3) (with s. 180); S.I. 2013/1104, art. 2(b)

Commencement Information

I1 Sch. 3 para. 9 fully in force; Sch. 3 para. 9 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. 9 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. 9 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)