Summary trial of crimes

(1) Where any person is charged before the court with any crime specified in the Third Schedule, the court, if it thinks it expedient to do so, having regard to any representation made in the presence of the accused by or on behalf of the prosecutor, or by or on behalf of the accused, the nature of the crime, the absence of circumstances which would render the crime one of a grave or serious character and all the other circumstances of the case, and if the accused, when informed by the court of his right to be tried by a jury, consents to be Third Schedule. 54 dealt with summarily, may, subject to the provisions of this section, deal summarily with the crime and if the accused pleads guilty to, or is found guilty of, the crime charged, may sentence him to be imprisoned for a term not exceeding two years or to a fine not exceeding six thousand dollars, or to both such fine and term of imprisonment, Third Schedule. Provided that with respect to the crimes numbered 12 (with reference to the crime of stealing), 13, 14, 17, 18, 19 and 20 in the Third Schedule, the consent of the accused person shall be necessary only where the amount of the money or the value of the property in respect of which the crime is committed exceeds fifty thousand dollars. Provided further that where a person is convicted of the crime of theft in circumstances which show that theft was committed from the person of the victim, the punishment for the first such offence shall not be less than a fine of two thousand dollars and the punishment for the second or subsequent such offence shall not be less than imprisonment for a term of two years. Third Schedule. (2) If the court at any time during the hearing of a charge for a crime as specified in the Third Schedule against any person becomes satisfied that it is expedient to deal with the case summarily, the court shall thereupon, for the purpose of proceedings under this section, cause the charge to be reduced into writing, if this has not been already done, and read to the accused, and shall then address to him a question to the following effect, “Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily?”, with a statement, if the court thinks such a statement desirable for his information, of the meaning of the case being dealt with summarily, and of the sitting of the Supreme Court at which he will be tried if tried by a jury, and shall explain to him that he may, if convicted by the court, be committed for sentence by the Supreme Court under subsection (2) of section 80 of the Summary Jurisdiction (Procedure) Act, Cap. 99, and if the accused consents to be dealt with summarily, shall forthwith 55 ask him the following question, “Do you plead guilty or not (3) Where two or more persons are jointly charged before a court, the court shall not deal with the case summarily under this section unless all the accused consent to such summary (4) Notwithstanding anything in section 45 of the Summary Jurisdiction (Procedure) Act, Cap. 99, where any person is charged before a court with two or more offences and such offences are of a kind as may properly be joined in one indictment under the provisions of the Indictable Procedure Act Cap.96 and the accused has consented to summary trial, the court may try such charges together without the consent of the accused.