OpenLegislation

Paragraph 8 I1I2I3

England and Wales

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

(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.”

Annotations

Textual amendments

F1

Words in Sch. 3 para. 8(2)(a) substituted (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 53, 153(1)(a), Sch. 13 para. 4

Commencement

I1

Sch. 3 para. 8 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

I2

Sch. 3 para. 8 in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

I3

Sch. 3 para. 8 in force at 28.5.2013 for specified purposes by S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)