ABSTRACT
Paragraph 3 of Sched 3 imposes reporting restriction: they are the same as those applicable to committal proceedings under s 6 of the Magistrates’ Courts Act 1980 (see above).
Paragraph 6 of Sched 3 deals with the powers of the Crown Court to deal with cases where summary offences are sent to the Crown Court under s 51. Only indictable and either way offences can actually appear on the indictment. If the defendant is convicted on that indictment, the Crown Court must first consider whether the summary offence is related to the indictable only offence(s). Paragraph 6(12) provides that an offence is related to another offence for these purposes ‘if it arises out circumstances which are the same as or connected with those giving rise to the other offence’. If the summary offence is related to the indictable offence of which the defendant has been convicted, the court asks the defendant whether he pleads guilty or not guilty to the summary offence. If he pleads guilty, the Crown Court will proceed to sentence him for that offence (but may not impose a greater sentence than a magistrates’ court could have imposed). If he pleads not guilty, the Crown Court has no further part to play in respect of that offence (unless the prosecution indicate that they do not wish to proceed with the offence, in which case, the Crown Court can formally dismiss it, with the effect that the defendant is acquitted of it). Paragraph 6(8) makes it clear that the provisions of para 6 do not apply where the summary offence is tried on indictment under s 40 of the Criminal Justice Act 1988 (see Chapter 3, 3.14).
