Amendments to the 2007 Order15
In Schedule 5, after paragraph 1(2), insert—
3
The reference to “Category 1A” cases is a reference to the following proceedings—
a
either way guilty pleas;
b
indictable only cases heard in the Youth Court;
c
proceedings (other than committal proceedings) relating to either way offences which are discontinued or withdrawn or where the prosecution offer no evidence; and
d
proceedings (other than committal proceedings) relating to either way offences which result in a bind over.
4
The reference to “Category 1B” cases is a reference to the following proceedings—
a
summary only guilty pleas;
b
uncontested proceedings arising out of a breach of an order of a magistrates’ courts (including proceedings in a magistrates’ court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);
c
proceedings (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;
d
proceedings (other than committal proceedings) relating to summary offences which result in a bind over;
e
proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing) Act 20003;
f
proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 20014, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and
g
proceedings relating to either way offences which must be tried in a magistrates’ court in accordance with section 22 of the Magistrates’ Courts Act 19805.
5
The reference to “Category 2” cases is a reference to—
a
contested trials;
b
proceedings which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;
c
proceedings which were listed and fully prepared for trial in a magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;
d
contested proceedings relating to a breach of an order of a magistrates’ court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);
e
proceedings where mixed pleas are entered; and
f
proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.
6
The reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.