SCHEDULES
SCHEDULE 3 Procedure where persons are sent for trial under section 51
Power of Crown Court, with consent of legally-represented accused, to proceed in his absence
I115
1
The Crown Court may proceed in the absence of the accused in accordance with such of the provisions of paragraphs 9 to 14 above as are applicable in the circumstances if—
a
the accused is represented by a legal representative who signifies to the court the accused’s consent to the proceedings in question being conducted in his absence; and
b
the court is satisfied that there is good reason for proceeding in the absence of the accused.
2
Sub-paragraph (1) above is subject to the following provisions of this paragraph which apply where the court exercises the power conferred by that sub-paragraph.
3
If, where the court has considered as required by paragraph 7(7) or 8(2)(d) above, it appears to the court that an offence is more suitable for summary trial, paragraph 10 above shall not apply and—
a
if the legal representative indicates that the accused wishes to be tried summarily, the court shall remit the accused for trial to a magistrates’ court acting for the place where he was sent to the Crown Court for trial;
b
if the legal representative does not give such an indication, the court shall retain its functions and proceed accordingly.
4
If, where the court has considered as required by paragraph 7(7) or 8(2)(d) above, it appears to the court that an offence is more suitable for trial on indictment, paragraph 11 above shall apply with the omission of paragraph (a).
5
Where paragraph 14 above applies and it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, sub-paragraphs (5) and (6) of that paragraph shall not apply and—
a
the court shall ask the legal representative whether the accused wishes the offence to be treated as a summary offence;
b
if the legal representative indicates that the accused wishes the offence to be treated as a summary offence, the court shall so treat it;
c
if the legal representative does not give such an indication, the court shall treat the offence as an indictable offence.