SCHEDULE 3Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1Principal amendments
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
24
(1)
Section 4 (committal for sentence on indication of guilty plea to offence triable either way) is amended as follows.
(2)
“(b)
he or (where applicable) his representative indicates under section 17A, 17B or 20(7) of the Magistrates' Courts Act 1980 that he would plead guilty if the offence were to proceed to trial; and”.
(3)
In subsection (1)(c), for “the Magistrates' Courts Act 1980” there is substituted “
that Act
”
.
(4)
“(1A)
But this section does not apply to an offence as regards which this section is excluded by section 17D of that Act (certain offences where value involved is small).”
F1(4A)
In subsection (2) for “committed” substitute sent.
(5)
“(3)
If the power conferred by subsection (2) above is not exercisable but the court is still to determine to, or to determine whether to, send the offender to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences—
(a)
it shall adjourn the proceedings relating to the offence until after it has made those determinations; and
(b)
if it sends the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.”
(6)
In subsection (4)(b), after “section 3(2)” there is inserted “
or, as the case may be, section 3A(2)
”
.
(7)
“(8)
In reaching any decision under or taking any step contemplated by this section—
(a)
the court shall not be bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable); and
(b)
nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is not consistent with an indication of sentence.”