ABSTRACT
Section 25(3) of the Magistrates’ Courts Act 1980 provides that, at any time during committal proceedings, the justices may offer the defendant the chance of summary trial. This is the case whether it is the defendant or the justices who have a change of mind. It must be emphasised, however, that summary trial can only take place if both the defendant and the magistrates agree to it. It follows that if the magistrates decide that the case is not as serious as they thought when they declined jurisdiction, a summary trial cannot take place without the defendant’s consent. The defendant should be warned (or reminded if he was informed earlier) that he may be committed for sentence to the Crown Court if he is convicted by the magistrates.
