Crime and Disorder Act 1998

Power of Crown Court to deal with summary offence E+W

6 (1) This paragraph applies where a magistrates’ court has sent a person for trial under section 51 of this Act for offences which include a summary offence.

(2) If the person is convicted on the indictment, the Crown Court shall consider whether the summary offence is related to the offence that is triable only on indictment or, as the case may be, any of the offences that are so triable.

(3) If it considers that the summary offence is so related, the court shall state to the person the substance of the offence and ask him whether he pleads guilty or not guilty.

(4) If the person pleads guilty, the Crown Court shall convict him, but may deal with him in respect of the summary offence only in a manner in which a magistrates’ court could have dealt with him.

(5) If he does not plead guilty, the powers of the Crown Court shall cease in respect of the summary offence except as provided by sub-paragraph (6) below.

(6) If the prosecution inform the court that they would not desire to submit evidence on the charge relating to the summary offence, the court shall dismiss it.

(7) The Crown Court shall inform the clerk of the magistrates’ court of the outcome of any proceedings under this paragraph.

(8) If the summary offence is one to which section 40 of the M1 Criminal Justice Act 1988 applies, the Crown Court may exercise in relation to the offence the power conferred by that section; but where the person is tried on indictment for such an offence, the functions of the Crown Court under this paragraph in relation to the offence shall cease.

(9) Where the Court of Appeal allows an appeal against conviction of an indictable-only offence which is related to a summary offence of which the appellant was convicted under this paragraph—

(a) it shall set aside his conviction of the summary offence and give the clerk of the magistrates’ court notice that it has done so; and

(b) it may direct that no further proceedings in relation to the offence are to be undertaken;

and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.

(10) A notice under sub-paragraph (9) above shall include particulars of any direction given under paragraph (b) of that sub-paragraph in relation to the offence.

(11) The references to the clerk of the magistrates’ court in this paragraph shall be construed in accordance with section 141 of the 1980 Act.

(12) An offence is related to another offence for the purposes of this paragraph if it arises out of circumstances which are the same as or connected with those giving rise to the other offence.

Commencement Information

I1 Sch. 3 para. 6 wholly in force; Sch. 3 para. 6 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. 6 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. 6 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)

Marginal Citations

M1 1988 c.33.