9(1)This paragraph applies where the Crown Court is required by paragraph 7(7) or 8(2)(d) above to consider the question whether an offence is more suitable for summary trial or for trial on indictment.E+W
(2)Before considering the question, the court shall afford first the prosecutor and then the accused an opportunity to make representations as to which mode of trial would be more suitable.
(3)In considering the question, the court shall have regard to—
(a)any representations made by the prosecutor or the accused;
(b)the nature of the case;
(c)whether the circumstances make the offence one of a serious character;
(d)whether the punishment which a magistrates’ court would have power to impose for it would be adequate; and
(e)any other circumstances which appear to the court to make it more suitable for the offence to be dealt tried in one way rather than the other.
Commencement Information
I1Sch. 3 para. 9 fully in force; Sch. 3 para. 9 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. 9 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. 9 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)