SCHEDULES
SCHEDULE 6 Prosecution and Punishment of Offences
Part IISupplementary Provisions as to Trial and Punishment of offences
F13
C1F51
Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in F2Schedule 1 to the Magistrates’ Courts Act 1980
(“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply.
2
Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and F3sections 18 to 23 of the said Act of 1980
(procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.
3
If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—
a
if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with F4the said sections 18 to 23; but
b
if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with F4section 25(3) and (4) of the said Act of 1980 to change to summary trial with the accused’s consent.