Binding effect of a non-custodial indication of sentence (MCA 1980 ss.20 and 20A)

Under s.20 of the Magistrates' Courts Act 1980, once the court has decided that summary trial is more suitable, the accused may request an indication of whether a custodial or non-custodial sentence would be more likely if he were tried summarily and pleaded guilty (s.20(3)). If an indication is given and the accused then indicates a guilty plea, the court proceeds as if he had pleaded guilty at summary trial (s.20(7)). Section 20A(1) then provides that, where the case is dealt with under s.20(7), no court, whether a magistrates' court or not, may impose a custodial sentence for the offence unless such a sentence was indicated. Because the indication was non-custodial, no bench, however constituted, may impose custody. This is subject only to the limited committal-for-sentence exceptions listed in s.20A(2), none of which applies here. Section 20A(3) makes indications otherwise non-binding, but the protection in s.20A(1) applies here.

Why A is wrong: Section 20A(1) makes a non-custodial indication binding where the accused then pleads guilty under s.20(7).

Why B is wrong: Section 20A(1) binds 'no court (whether a magistrates' court or not)', not just the bench that gave the indication.

Why C is wrong: Credit for the plea does not unlock custody; s.20A(1) prohibits a custodial sentence altogether unless indicated.

Why D is wrong: The Act gives no route to impose custody by allowing withdrawal of the plea; s.20A(1) simply bars custody.