PART 9E+WALLOCATION AND SENDING FOR TRIAL

ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIALE+W

Young defendantE+W

9.13.—(1) This rule applies where—

(a)the defendant is under 18; and

(b)the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court.

(2) The court must read the allegation of the offence to the defendant.

(3) The court must explain, in terms the defendant can understand (with help, if necessary)—

(a)the allegation, unless it is self-explanatory;

(b)that the offence is one which can be tried in the Crown Court instead of in a youth court;

(c)that the court is about to ask whether the defendant intends to plead guilty;

(d)that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;

(e)that if the defendant does not answer, or the answer is ‘no’, then the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court; F1...

[F2(f)that before answering and at any time until the court decides whether to send the defendant for Crown Court trial or order trial in a youth court—

(i)the defendant may ask the court for an indication of whether a custodial or non-custodial sentence is more likely in the event of a guilty plea there and then, but

(ii)the court need not give such an indication; and]

[F3(g)]that reporting restrictions apply, which the defendant may ask the court to vary or remove.

[F4(4) The defendant may then ask the court for such an indication of sentence.]

[F5(5)] [F6Whether the defendant asks for and the court gives such an indication or not, the] court must then ask whether the defendant intends to plead guilty.

[F5(6)] If the defendant’s answer to that question is ‘yes’, the court must exercise its power to deal with the case—

(a)as if the defendant had just pleaded guilty at a trial in a youth court; and

(b)in accordance with rule 24.11 (Procedure if the court convicts).

[F5(7)] If the defendant does not answer that question, or the answer is ‘no’, in the following sequence the court must then—

(a)invite the prosecutor to make representations about whether Crown Court or youth court trial is more appropriate;

(b)invite the defendant to make such representations; and

(c)exercise its power to allocate the case for trial [F7in the Crown Court or a youth court], taking into account—

(i)the offence and the circumstances of the offence,

(ii)the suitability of a youth court’s sentencing powers,

(iii)where the defendant is jointly charged with an adult, whether it is necessary in the interests of justice for them to be tried together in the Crown Court, and

(iv)any representations by the parties.

[Note. See section 24A of the Magistrates’ Courts Act 1980(1).

For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant who is under 18 to the Crown Court for sentence after that defendant has indicated a guilty plea, [F8see sections 16, 17, 19 and 20 of the Sentencing Act 2020].]

[F9Where the court orders trial in a youth court, see also rules 3.16 to 3.18 about preparation for trial.]

Textual Amendments

F3Rule 9.13(3)(f) renumbered as rule 9.13(3)(g) (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 6(e)(i)

F5Rule 9.13(4)(5)(6) renumbered as rule 9.13(5)(6)(7) (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 6(e)(iv)

F8Words in rule 9.13 Note substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 7(c)

Commencement Information

I1Rule 9.13 in force at 5.10.2020, see Preamble

(1)

1980 c. 43; section 24A was inserted by paragraphs 1 and 10 of Schedule 3 to the Criminal Justice Act 2003 (c. 44).