Page:Criminal Law Act 1977.pdf/23

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Criminal Law Act 1977
c. 4519

Part III

who has not attained the age of seventeen, the reference in that subsection to any representations made by the accused shall be read as including any representations made by the person under seventeen.

(10) In this section “the value involved”, in relation to any scheduled offence, means the value indicated in the second column of Schedule 4 to this Act, measured as indicated in the third column of that Schedule; and in that Schedule "the material time means the time of the alleged offence.

Power of court, with consent of legally represented accused, to proceed in his absence. 24.—(1) Where—

(a) the accused is represented by counsel or a solicitor who in his absence signifies to the court the accused’s consent to the proceedings for determining how he is to be tried for the offence being conducted in his absence; and
(b) the court is satisfied that there is good reason for proceeding in the absence of the accused,

the following provisions of this section shall apply.

(2) Subject to the following provisions of this section, the court may proceed in the absence of the accused in accordance with such of the provisions of sections 20 to 23 above as are applicable in the circumstances.

(3) If, in a case where subsection (1) of section 23 above applies, it appears to the court as mentioned in subsection (4) of that section, subsections (5) and (6) of that section shall not apply and the court—

(a) if the accused’s consent to be tried summarily has been or is signified by the person representing him, shall proceed in accordance with subsection (2) of that section as if that subsection applied; or
(b) if that consent has not been and is not so signified, shall proceed in accordance with subsection (3) of that section as if that subsection applied.

(4) 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 then—

(a) if the accused’s consent to be tried summarily has been or is signified by the person representing him, section 21 above shall not apply, and the court shall proceed to the summary trial of the information; or
(b) if that consent has not been and is not so signified, section 21 above shall not apply and the court shall proceed to inquire into the information as examining justices and may adjourn the hearing without remanding the accused.