Valid from 18/06/2012
Prospective
6For section 20 (procedure where summary trial appears more suitable) there is substituted—
“20(1)If the court decides under section 19 above that the offence appears to it more suitable for summary trial, the following provisions of this section shall apply (unless they are excluded by section 23 below).
(2)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)The accused may then request an indication (“an indication of sentence”) of whether a custodial sentence or non-custodial sentence would be more likely to be imposed if he were to be tried summarily for the offence and to plead guilty.
(4)If the accused requests an indication of sentence, the court may, but need not, give such an indication.
(5)If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes, on the basis of the indication, to reconsider the indication of plea which was given, or is taken to have been given, under section 17A or 17B above.
(6)If the accused indicates that he wishes to reconsider the indication under section 17A or 17B above, the court shall ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.
(7)If the accused indicates that he would plead guilty the court shall proceed as if—
(a)the proceedings constituted from that time the summary trial of the information; and
(b)section 9(1) above were complied with and he pleaded guilty under it.
(8)Subsection (9) below applies where—
(a)the court does not give an indication of sentence (whether because the accused does not request one or because the court does not agree to give one);
(b)the accused either—
(i)does not indicate, in accordance with subsection (5) above, that he wishes; or
(ii)indicates, in accordance with subsection (5) above, that he does not wish,
to reconsider the indication of plea under section 17A or 17B above; or
(c)the accused does not indicate, in accordance with subsection (6) above, that he would plead guilty.
(9)The court shall ask the accused whether he consents to be tried summarily or wishes to be tried on indictment and—
(a)if he consents to be tried summarily, shall proceed to the summary trial of the information; and
(b)if he does not so consent, shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.
20A(1)Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.
(2)Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000.
(3)Except as provided in subsection (1) above—
(a)an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and
(b)no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence.
(4)Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or
(b)an indication by the accused under that section of how he would plead.
(5)Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register.
(6)In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000, and references to a non-custodial sentence shall be construed accordingly.”