- Latest available (Revised)
- Point in Time (14/09/2020)
- Original (As enacted)
Point in time view as at 14/09/2020.
Magistrates’ Courts Act 1980, Section 22 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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, F1. . . 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 [F2£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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(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 [F4the 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 [F5under 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.
[F6(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.]
F7[(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.]
Textual Amendments
F1Words in s. 22(1) repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch. 1 Appendix C
F2Sum in s. 22(1) substituted (3.2.1995) by virtue of 1994 c. 33, s.46; S.I. 1995/127, art. 2(1), Sch.1
F3S. 22(7) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(2), Sch. 8 para. 16, Sch. 16
F4Words in s. 22(9) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68(d), 101(1), Sch. 8 para. 6(1)(a), Sch. 12 para. 22(1); S.I. 1992/333, art.2(2), Sch. 2
F5Words in s. 22(9) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para.6(1)(b), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2
F6S. 22(11) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 38(3)(4), 123(6), Sch. 8 para. 16
F7S. 22(12) added (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 2(2); S.I. 1992/764, art. 2
Modifications etc. (not altering text)
C1S. 22(11)(b) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94, Sch. 6 para. 5(a) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(g)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: