POWER OF CROWN COURT TO DEAL WITH SUMMARY OFFENCE WHERE PERSON COMMITTED FOR EITHER WAY OFFENCE (Hansard, 28 June 1988)

§ Mr. John Patten

I beg to move amendment No. 86, in page 27, line 15, at end insert 'except as provided by subsection (8A) below. (8A) If the prosecution inform the court that they would not desire to submit evidence on the charge relating to the summary offence, the Court shall dimiss it.'. This is a technical amendment. Clause 48(8) provides that where a person committed to the Crown court under the new procedure pleads not guilty to the summary offence, the powers of the Crown court shall cease in respect of that offence. On reflection, I think that the words go further than we intended in one respect in that they appear to preclude the Crown court from hearing a prosecution submission of no evidence on the summary offence. If the prosecution does not wish to offer evidence, it is clearly desirable that the matter should be disposed of there and then. Amendment No. 86 ensures that the Crown court can do so.