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Section 20A: Procedure where summary trial appears more suitable: supplementary

Magistrates' Courts Act 1980 · 1980 c. 43View on legislation.gov.uk

Part I: Criminal Jurisdiction and Procedure

Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.

Subsection (1) above is subject to sections 15(4), 18(8) and 21(6) of the Sentencing Code.

Except as provided in subsection (1) above—

an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and
no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence.

Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea—

asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or
an indication by the accused under that section of how he would plead.

Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register.

In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning given by section 222 of the Sentencing Code, and references to a non-custodial sentence shall be construed accordingly.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.