SCHEDULE 3 Procedure where persons are sent for trial under section 51
Procedure for determining whether offences of criminal damage etc. are summary offences
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(1)
This paragraph applies where the Crown Court has to determine, for the purposes of this Schedule, whether an offence which is listed in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) is a summary offence.
(2)
The court shall have regard to any representations made by the prosecutor or the accused.
(3)
If it appears clear to the court that the value involved does not exceed the relevant sum, it shall treat the offence as a summary offence.
(4)
If it appears clear to the court that the value involved exceeds the relevant sum, it shall treat the offence as an indictable offence.
(5)
If it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, the court shall ask the accused whether he wishes the offence to be treated as a summary offence.
(6)
Where sub-paragraph (5) above applies—
(a)
if the accused indicates that he wishes the offence to be treated as a summary offence, the court shall so treat it;
(b)
if the accused does not give such an indication, the court shall treat the offence as an indictable offence.
(7)
In this paragraph “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).