ABSTRACT
If an offence is listed in Sched 1 to the Magistrates' Courts Act 1980 Act or its penalty is expressed in a way which refers to both summary trial and trial on indictrnent, it is triable either way.
Section 17 A applies where a defendant who has attained the age of 18 is charged with an offence that is triable either way (s 17 A( 1)). The s 17 A procedure has to be carried out in the presence of the defendant (s 17 A(2)). It begins with the charge being written down (if this has not already been done) and being read to the defendant (s 17 A(3)). The court then explains to the defendant that he may indicate whether he intends to plead guilty or not guilty; the defendant must also be warned that ifhe indicates an intention to plead guilty, he will be regarded as having actually pleaded guilty and that the magistrates then have the power to commit hirn for sentence to the Crown Court ifthey take the view that their sentencing powers are inadequate (s 17A(4)).
