[17ZC Option to decline summary trial, or for mode of trial to be decided on papers, following written indication of not guilty plea]
Magistrates' Courts Act 1980 (1980 c 43) | Legislation

[17ZC  Option to decline summary trial, or for mode of trial to be decided on papers, following written indication of not guilty plea]

[(1)     Subsection (3) or (5) has effect (subject to section 17ZA(11)) in relation to a case where a person has given a written indication of a not guilty plea (see section 17ZA(13)).

(2)     But Criminal Procedure Rules may make provision about circumstances in which neither subsection (3) nor subsection (5) has effect.

(3)     If the offence in question is not a scheduled offence (as defined in section 22(1)), a magistrates' court must, in writing—

(a)     provide the accused with the information referred to in subsection (4), and

(b)     ask the accused—

(i)     whether the accused wishes to give a written indication of non-consent to summary trial, and

(ii)     if the accused does not wish to give that indication, whether the accused wishes to make an election for written allocation proceedings.

(4)     The information is—

(a)     an explanation, including such details as may be prescribed by Criminal Procedure Rules, of—

(i)     why the accused is

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will

LEXISNEXIS

179. List of offences triable either way.

  Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2:  (1)     offences at common law of public nuisance3;  (2)     an offence at common law of

LEXISNEXIS

Recklessness in criminal cases

Recklessness in criminal casesWhat is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House

LEXISNEXIS

The supremacy of EU law

The supremacy of EU lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an