Part III
Procedure where summary trial appears more suitable. 21.—(1) If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for summary trial, the following provisions of this section shall apply (unless excluded by section 24 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, and that he can either consent to be so tried or, if he wishes, be tried by a jury; and
- (b) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 29 of the 1952 c. 55.Magistrates’ Courts Act 1952 if the convicting court, on obtaining information about his character and antecedents, is of opinion that they are such that greater punishment should be inflicted than the convicting court has power to inflict for the offence.
(3) After explaining to the accused as provided by the preceding subsection the court shall ask him whether he consents to be tried summarily or wishes to be tried by a jury, and—
- (a) if he consents to be tried summarily, shall proceed to the summary trial of the information;
- (b) if he does not so consent, shall proceed to inquire into the information as examining justices.
Procedure where trial on indictment appears more suitable. 22. If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried for the offence by a jury, and shall proceed to inquire into the information as examining justices.
Certain offences triable either way to be tried summarily if value involved is small. 23.—(1) If the offence charged by the information is one of those mentioned in the first column of Schedule 4 to this Act (in this section referred to as “scheduled offences”) then, subject to subsection (7) below, the court shall, before proceeding in accordance with section 20 above, consider whether, having regard to any representations made by the prosecutor or the accused, the value involved (as defined in subsection (10) below) appears to the court to exceed the relevant sum.
For the purposes of this section the relevant sum is £200.
(2) If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed as if the offence were triable only summarily, and sections 20 to 22 above shall not apply.
