Source: All England Reporter
Publisher Citation: [2002] All ER (D) 73 (Nov)
Neutral Citation: [2002] EWCA Crim 2476
Court: Court of Appeal, Criminal Division
Judge:

Potter LJ, Butterfield J and Judge Paget QC

Representation Max von Santen-Pagava, solicitor advocate (assigned by the Registrar of Criminal Appeals) for the defendant.
  Simeon Hopkins (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 6 November 2002

Catchwords

Criminal evidence and procedure - Trial - Mode of trial - Offence triable either way - Failure to comply with statutory mode of trial procedure - Nullity of defendant's guilty plea - , s 51, Sch 3, para 7.

The Case

Where the mode of trial procedure required to be followed prior to the defendant's arraignment on a theft charge had not been followed, contrary to the requirements of para7 of Sch3 to the nor had active consideration been given to the question whether the defendant should be tried summarily or continue to be dealt with in the Crown Court, the proceedings which followed upon his plea of guilty were a nullity. His conviction and the imposition of a sentence of imprisonment would, accordingly, be quashed.

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