SCHEDULES

SCHEDULE 3Allocation of cases triable either way, and sending cases to the Crown Court etc

Part 1Principal amendments

Magistrates' Courts Act 1980 (c. 43)

I1I2I38

1

Section 23 (power of court, with consent of legally represented accused, to proceed in his absence) is amended as follows.

2

In subsection (4)—

a

for the words preceding paragraph (a) there is substituted “ If the court decides under section 19 above that the offence appears to it more suitable for F1summary trial then— ”, and

b

in paragraph (b), for the words from “to inquire” to the end there is substituted “ in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. ”.

3

For subsection (5) there is substituted—

5

If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, section 21 above shall not apply and the court shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.