15(1)The Crown Court may proceed in the absence of the accused in accordance with such of the provisions of [F1paragraph] 14 above as are applicable in the circumstances if—E+W
(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.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1Word in Sch. 3 para. 15(1) substituted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 12(3)(a)
F2Sch. 3 para. 15(3) omitted (28.4.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 12(3)(b)
F3Sch. 3 para. 15(4) omitted (28.4.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 12(3)(b)
Commencement Information
I1Sch. 3 para. 15 partly in force; Sch. 3 para. 15 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. 15 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. 15 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)