Article 15 Amendments to the 2007 Order

In Schedule 5, after paragraph 1(2), insert—

“(3)

The reference to “Category 1A” cases is a reference to the following proceedings—

(a)

either way guilty pleas;

(b)

indictable only cases heard in the Youth Court;

(c)

proceedings (other than committal proceedings) relating to either way offences which are discontinued or withdrawn or where the prosecution offer no evidence; and

(d)

proceedings (other than committal proceedings) relating to either way offences which result in a bind over.

(4)

The reference to “Category 1B” cases is a reference to the following proceedings—

(a)

summary only guilty pleas;

(b)

uncontested proceedings arising out of a breach of an order of a magistrates’ courts (including proceedings in a magistrates’ court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(c)

proceedings (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(d)

proceedings (other than committal proceedings) relating to summary offences which result in a bind over;

(e)

proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000^f1;

(f)

proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001^f2, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(g)

proceedings relating to either way offences which must be tried in a magistrates’ court in accordance with section 22 of the Magistrates’ Courts Act 1980^f3.

(5)

The reference to “Category 2” cases is a reference to—

(a)

contested trials;

(b)

proceedings which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(c)

proceedings which were listed and fully prepared for trial in a magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(d)

contested proceedings relating to a breach of an order of a magistrates’ court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(e)

proceedings where mixed pleas are entered; and

(f)

proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.

(6)

The reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.”.