Part I
- (b) that if he is tried summarily and is convicted by the court, his liability to imprisonment or a fine will be limited as provided in section 33 below.
(6) After explaining to the accused as provided by subsection (5) above the court shall ask him whether he consents to be tried summarily and—
- (a) if he so consents, shall proceed in accordance with subsection (2) above as if that subsection applied;
- (b) if he does not so consent, shall proceed in accordance with subsection (3) above as if that subsection applied.
(7) Subsection (1) above shall not apply where the offence charged—
- (a) is one of two or more offences with which the accused charged on the same occasion and which appear to the court to constitute or form part of a series of two or more offences of the same or a similar character; or
- (b) consists in the incitement to commit two or more scheduled offences.
(8) Where a person is convicted by a magistrates’ court of a scheduled offence, it shall not be open to him to appeal to the Crown Court against the conviction on the ground that the convicting court’s decision as to the value involved was mistaken.
(9) If, where subsection (1) above applies, the offence charged is one with which the accused is charged jointly with a person who has not attained the age of 17, the reference in that subsection to any representations made by the accused shall be read as including any representations made by the person under 17.
(10) In this section “the value involved”, in relation to any scheduled offence, means the value indicated in the second column of Schedule 2 to this Act, measured as indicated in the third column of that Schedule; and in that Schedule “the material time” means the time of the alleged offence.
Power of court, with consent of legally represented accused, to proceed in his absence. 23.—(1) Where—
- (a) the accused is represented by counsel or a solicitor who in his absence signifies to the court the accused’s consent to the proceedings for determining how he is to be tried for the offence being conducted in his absence; and
- (b) the court is satisfied that there is good reason for proceeding in the absence of the accused,
the following provisions of this section shall apply.
(2) Subject to the following provisions of this section, the court may proceed in the absence of the accused in accordance