SCHEDULES
SCHEDULE 3 Procedure where persons are sent for trial under section 51
Procedure where no indictable-only offence remains
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1
This paragraph applies (unless excluded by paragraph 15 below) where the Crown Court considers that an offence is more suitable for summary trial.
F12
The court shall explain to the accused in ordinary language—
a
that it appears to the court more suitable for him to be tried summarily for the offence, and that he can either consent to be so tried or, of he wishes, be tried by a jury; and
b
that if he is tried summarily and is convicted by the magistrates’ court, he may be committed for sentence to the Crown Court under F2section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 if the convicting court is of such opinion as is mentioned in subsection (2) of that section.
F12
The court shall explain to the accused in ordinary language—
a
that it appears to the court more suitable for him to be tried summarily for the offence;
b
that he can either consent to be so tried or, if he wishes, be tried on indictment; and
c
in the case of a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003), that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the committing court is of such opinion as is mentioned in subsection (2) of that section.
3
After explaining to the accused as provided by sub-paragraph (2) above the court shall ask him whether he wishes to be tried summarily or F3by a juryF3on indictment , and—
a
if he indicates that he wishes to be tried summarily, shall remit him for trial to a magistrates’ court acting for the place where he was sent to the Crown Court for trial;
b
if he does not give such an indication, shall retain its functions in relation to the offence and proceed accordingly.