When an accused committed for sentence under s 51A of the Justices Act 1902 adheres to a plea of guilty but denies the essential facts particularised in the charge, the sentencing judge must not proceed to sentence on a different factual basis. The only courses available are remittal to the committing Justice under s 51A(1)(d)(i), or directing a plea of not guilty and trial under s 51A(1)(d)(ii). Section 51A exhaustively sets out the available courses and does not authorise the judge to conduct a disputed facts hearing on a basis different from the charge.
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