Paragraph 15 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 5(2) word inserted by Judicial Review and Courts Act 2022 Sch. 2 para. 15(4)(b)(iv)
Sch. 3 heading words substituted by Judicial Review and Courts Act 2022 Sch. 2 para. 15(4)(a)
Sch. 3 para. 1 word inserted by Judicial Review and Courts Act 2022 Sch. 2 para. 15(4)(b)(i)
Sch. 3 para. 2(1) word inserted by Judicial Review and Courts Act 2022 Sch. 2 para. 15(4)(b)(ii)
Sch. 3 para. 4(1)(a) word inserted by Judicial Review and Courts Act 2022 Sch. 2 para. 15(4)(b)(iii)
Sch. 3 para. 6(1) word inserted by Judicial Review and Courts Act 2022 Sch. 2 para. 15(4)(b)(v)
Sch. 3 para. 3(11A) inserted by Criminal Justice Act 2003 Sch. 3 para. 71(d)

(1)

The Crown Court may proceed in the absence of the accused in accordance with such of the provisions of F1paragraph 14 above as are applicable in the circumstances if—

(a)

the accused is represented by a legal representative who signifies to the court the accused’s consent to the proceedings in question being conducted in his absence; and

(b)

the court is satisfied that there is good reason for proceeding in the absence of the accused.

(2)

Sub-paragraph (1) above is subject to the following provisions of this paragraph which apply where the court exercises the power conferred by that sub-paragraph.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Where paragraph 14 above applies and it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, sub-paragraphs (5) and (6) of that paragraph shall not apply and—

(a)

the court shall ask the legal representative whether the accused wishes the offence to be treated as a summary offence;

(b)

if the legal representative indicates that the accused wishes the offence to be treated as a summary offence, the court shall so treat it;

(c)

if the legal representative does not give such an indication, the court shall treat the offence as an indictable offence.

Annotations

Textual amendments

F1: Word in Sch. 3 para. 15(1) substituted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 12(3)(a)
F2: Sch. 3 para. 15(3) omitted (28.4.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 12(3)(b)
F3: Sch. 3 para. 15(4) omitted (28.4.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 12(3)(b)

Commencement

I1: Sch. 3 para. 15 partly in force; Sch. 3 para. 15 not in force at Royal Assent see s. 121. In force at 30.9.1998 for certain purposes by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); Sch. 3 para. 15 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 3 para. 15 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)