Part I Criminal Jurisdiction and Procedure
F1Trial by single justice on the papers
16CCases that cease to be tried in accordance with section 16A
1
If a magistrates' court decides, after the accused is convicted of the offence, that it is not appropriate to try the written charge in accordance with section 16A, the court may not continue to try the charge in that way.
2
If a magistrates' court trying a written charge in accordance with section 16A proposes, after the accused is convicted of the offence, to order the accused to be disqualified under section 34 or 35 of the Road Traffic Offenders Act 1988—
a
the court must give the accused the opportunity to make representations or further representations about the proposed disqualification, and
b
if the accused indicates a wish to make such representations, the court may not continue to try the case in accordance with section 16A.
3
If a magistrates' court may not continue to try a written charge in accordance with section 16A because of subsection (1) or (2), the magistrates' court must—
a
adjourn the trial, and
b
issue a summons directed to the accused requiring the accused to appear before a magistrates' court to be dealt with in respect of the offence.
Ss. 16A-16F and cross-heading inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 48(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 39