Part I Criminal Jurisdiction and Procedure

Offences triable on indictment or summarily

F117A 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

F2(b)

he may (unless section 17D(2) below were to apply) be committed for sentence to the Crown Court under F3section 14 or (if applicable) 15 of the Sentencing Code if the court is of such opinion as is mentioned in F4subsection (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.

F5(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.