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Article 160 Multiple relevant offences: application of section 165(4)

Original text. Later amendments are not shown.

(1)

This rule applies where the court convicts a person of two or more relevant offences.

(2)

Where any of the offences is relevant by virtue of section 165(1)(b), the charge in respect of it is to be treated for the purposes of section 165(4) as if, had no election under section 129 been made, the charge would have been heard summarily at the hearing at which the election charge would have been heard if no such election had been made.

(3)

Where—

(a)

the offences are relevant by virtue of rule 156(1), and

(b)

the charges in respect of them would have been heard summarily together if they had not been referred as mentioned in rule 156(1)(d),

those charges are to be treated for the purposes of section 165(4) as if they would have been heard summarily together if no election under section 129 had been made.

(4)

Where any of the offences is relevant by virtue of rule 156(2)—

(a)

paragraph (3) applies as if the offence were relevant by virtue of rule 156(1); and

(b)

for the purposes of paragraph (3)(b) the charge in respect of the offence is to be treated as a charge which, had it not been referred as mentioned in rule 156(1)(d), would have been heard summarily at the hearing at which the non-election charge would have been heard if it had not been so referred.

(5)

In paragraph (4) “the non-election charge” means the charge referred as mentioned in rule 156(1)(d).