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51E Interpretation of sections 51 to 51D | |
For the purposes of sections 51 to 51D above— | |
(a) “adult” means a person aged 18 or over, and references to an | |
adult include a corporation; | |
(b) “either-way offence” means an offence which, if committed | 5 |
by an adult, is triable either on indictment or summarily; | |
(c) an either-way offence is related to an indictable-only offence | |
if the charge for the either-way offence could be joined in the | |
same indictment as the charge for the indictable-only offence; | |
(d) a summary offence is related to an indictable offence if it | 10 |
arises out of circumstances which are the same as or | |
connected with those giving rise to the indictable offence.” | |
17 (1) Schedule 3 (procedure where persons are sent for trial under section 51 of | |
the Crime and Disorder Act 1998) is amended as follows. | |
(2) In paragraph 1(1), after “51” there is inserted “or 51A”. | 15 |
(3) In paragraph 7— | |
(a) in sub-paragraph (1)(a), after “51” there is inserted “or 51A”, | |
(b) in sub-paragraph (1)(b), for “offence that is triable only on | |
indictment” there is substituted “main offence”, | |
(c) in sub-paragraph (7), for “consider” there is substituted “decide”, | 20 |
(d) after sub-paragraph (8) there is inserted— | |
“(9) In this paragraph, a “main offence” is— | |
(a) an offence for which the person has been sent to the | |
Crown Court for trial under section 51(1) of this | |
Act; or | 25 |
(b) an offence— | |
(i) for which the person has been sent to the | |
Crown Court for trial under subsection (5) | |
of section 51 or subsection (6) of section 51A | |
of this Act (“the applicable subsection”); | 30 |
and | |
(ii) in respect of which the conditions for | |
sending him to the Crown Court for trial | |
under the applicable subsection (as set out | |
in paragraphs (a) to (c) of section 51(5) or | 35 |
paragraphs (a) and (b) of section 51A(6)) | |
continue to be satisfied.” | |
(4) In paragraph 8— | |
(a) in sub-paragraph (1)(a), after “51” there is inserted “or 51A”, | |
(b) in sub-paragraph (1)(b), for “offence that is triable only on | 40 |
indictment” there is substituted “main offence (within the meaning | |
of paragraph 7 above)”, | |
(c) in sub-paragraph (2)(d), for “consider” there is substituted “decide”. | |
(5) In paragraph 9— | |
(a) in sub-paragraph (1), for “consider” there is substituted “decide”, | 45 |
(b) for sub-paragraphs (2) and (3), there is substituted— | |
“(2) Before deciding the question, the court— | |
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(a) shall give the prosecution an opportunity to inform | |
the court of the accused’s previous convictions (if | |
any); and | |
(b) shall give the prosecution and the accused an | |
opportunity to make representations as to whether | 5 |
summary trial or trial on indictment would be | |
more suitable. | |
(3) In deciding the question, the court shall consider— | |
(a) whether the sentence which a magistrates’ court | |
would have power to impose for the offence would | 10 |
be adequate; and | |
(b) any representations made by the prosecution or the | |
accused under sub-paragraph (2)(b) above, | |
and shall have regard to any allocation guidelines (or | |
revised allocation guidelines) issued as definitive | 15 |
guidelines under section 153 of the Criminal Justice Act | |
2003. | |
(4) Where— | |
(a) the accused is charged on the same occasion with | |
two or more offences; and | 20 |
(b) it appears to the court that they constitute or form | |
part of a series of two or more offences of the same | |
or a similar character; | |
sub-paragraph (3)(a) above shall have effect as if references | |
to the sentence which a magistrates’ court would have | 25 |
power to impose for the offence were a reference to the | |
maximum aggregate sentence which a magistrates’ court | |
would have power to impose for all of the offences taken | |
together. | |
(5) In this paragraph— | 30 |
(a) any reference to a previous conviction is to be read | |
as a reference to a previous conviction by a court in | |
Great Britain; | |
(b) a conviction in respect of which a probation order | |
was made before 1st October 1992 (which by virtue | 35 |
of section 13 of the Powers of Criminal Courts Act | |
1973 would otherwise not be a conviction for the | |
purposes of this paragraph) is to be treated as a | |
conviction for those purposes; and | |
(c) a conviction in respect of which an order | 40 |
discharging the offender absolutely or | |
conditionally was made at any date (which by | |
virtue of section 14 of the Powers of Criminal | |
Courts (Sentencing) Act 2000 would otherwise not | |
be a conviction for the purposes of this paragraph) | 45 |
is to be treated as a conviction for those purposes.” | |
(6) In paragraph 10— | |
(a) for sub-paragraph (2), there is substituted— | |
“(2) The court shall explain to the accused in ordinary | |
language— | 50 |
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(a) that it appears to the court more suitable for him to | |
be tried summarily for the offence; | |
(b) that he can either consent to be so tried or, if he | |
wishes, be tried on indictment; and | |
(c) in the case of a specified offence (within the | 5 |
meaning of section 204 of the Criminal Justice Act | |
2003), that if he is tried summarily and is convicted | |
by the court, he may be committed for sentence to | |
the Crown Court under section 3A of the Powers of | |
Criminal Courts (Sentencing) Act 2000 if the | 10 |
committing court is of such opinion as is | |
mentioned in subsection (2) of that section.” | |
(b) in sub-paragraph (3), for “by a jury” there is substituted “on | |
indictment”. | |
(7) In paragraph 11, in sub-paragraph (a), for “by a jury” there is substituted “on | 15 |
indictment”. | |
(8) Paragraph 12 shall cease to have effect. | |
(9) In paragraph 13— | |
(a) in sub-paragraph (1)(a), after “51” there is inserted “or 51A”, | |
(b) in sub-paragraph (1)(b), for “offence that is triable only on | 20 |
indictment” there is substituted “main offence”, | |
(c) in sub-paragraph (2), the words from “unless” to the end are omitted, | |
(d) for sub-paragraph (3) there is substituted— | |
“(3) In this paragraph, a “main offence” is— | |
(a) an offence for which the child or young person has | 25 |
been sent to the Crown Court for trial under section | |
51A(2) of this Act; or | |
(b) an offence— | |
(i) for which the child or young person has | |
been sent to the Crown Court for trial under | 30 |
subsection (7) of section 51 of this Act; and | |
(ii) in respect of which the conditions for | |
sending him to the Crown Court for trial | |
under that subsection (as set out in | |
paragraphs (a) and (b) of that subsection) | 35 |
continue to be satisfied.” | |
(10) In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered” | |
there is substituted “decided”. | |
Powers of Criminal Courts (Sentencing) Act 2000 | |
18 The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) is amended as | 40 |
follows. | |
19 For section 3 (committal for sentence on summary trial of offence triable | |
either way) there is substituted— | |
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“3 Committal for sentence on indication of guilty plea to serious offence | |
triable either way | |
(1) Subject to subsection (4) below, this section applies where— | |
(a) a person aged 18 or over appears or is brought before a | |
magistrates’ court (“the court”) on an information charging | 5 |
him with an offence triable either way (“the offence”); | |
(b) he or his representative indicates under section 17A or (as the | |
case may be) 17B of the Magistrates’ Courts Act 1980 (initial | |
procedure: accused to indicate intention as to plea) that he | |
would plead guilty if the offence were to proceed to trial; and | 10 |
(c) proceeding as if section 9(1) of that Act were complied with | |
and he pleaded guilty under it, the court convicts him of the | |
offence. | |
(2) If the court is of the opinion that— | |
(a) the offence; or | 15 |
(b) the combination of the offence and one or more offences | |
associated with it, | |
was so serious that the Crown Court should, in the court’s opinion, | |
have the power to deal with the offender in any way it could deal | |
with him if he had been convicted on indictment, the court may | 20 |
commit him in custody or on bail to the Crown Court for sentence in | |
accordance with section 5(1) below. | |
(3) Where the court commits a person under subsection (2) above, | |
section 6 below (which enables a magistrates’ court, where it | |
commits a person under this section in respect of an offence, also to | 25 |
commit him to the Crown Court to be dealt with in respect of certain | |
other offences) shall apply accordingly. | |
(4) This section does not apply in relation to an offence as regards which | |
this section is excluded by section 17D or 33 of the Magistrates’ | |
Courts Act 1980 (certain offences where value involved is small). | 30 |
(5) The preceding provisions of this section shall apply in relation to a | |
corporation as if— | |
(a) the corporation were an individual aged 18 or over; and | |
(b) in subsection (2) above, the words “in custody or on bail” | |
were omitted.” | 35 |
20 After section 3 there is inserted— | |
“3A Committal for sentence of dangerous adult offenders | |
(1) This section applies where on the summary trial of a specified | |
offence triable either way a person aged 18 or over is convicted of the | |
offence. | 40 |
(2) If, in relation to the offence, it appears to the court that the criteria for | |
the imposition of a sentence under section 205(3) or 207(2) of the | |
Criminal Justice Act 2003 would be met, the court must commit the | |
offender in custody or on bail to the Crown Court for sentence in | |
accordance with section 5(1) below. | 45 |
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(3) Where the court commits a person under subsection (2) above, | |
section 6 below (which enables a magistrates’ court, where it | |
commits a person under this section in respect of an offence, also to | |
commit him to the Crown Court to be dealt with in respect of certain | |
other offences) shall apply accordingly. | 5 |
(4) In reaching any decision under or taking any step contemplated by | |
this section— | |
(a) the court shall not be bound by any indication of sentence | |
given in respect of the offence under section 20 of the | |
Magistrates’ Courts Act 1980 (procedure where summary | 10 |
trial appears more suitable); and | |
(b) nothing the court does under this section may be challenged | |
or be the subject of any appeal in any court on the ground that | |
it is not consistent with an indication of sentence. | |
(5) Nothing in this section shall prevent the court from committing a | 15 |
specified offence to the Crown Court for sentence under section 3 | |
above if the provisions of that section are satisfied. | |
(6) In this section, references to a specified offence are to a specified | |
offence within the meaning of section 204 of the Criminal Justice Act | |
2003. | 20 |
3B Committal for sentence on indication of guilty plea by child or young | |
person | |
(1) This section applies where— | |
(a) a person aged under 18 appears or is brought before a | |
magistrates’ court (“the court”) on an information charging | 25 |
him with an offence mentioned in subsection (1) or (2) of | |
section 91 below (“the offence”); | |
(b) he or his representative indicates under section 24A or (as the | |
case may be) 24B of the Magistrates’ Courts Act 1980 (child or | |
young person to indicate intention as to plea in certain cases) | 30 |
that he would plead guilty if the offence were to proceed to | |
trial; and | |
(c) proceeding as if section 9(1) of that Act were complied with | |
and he pleaded guilty under it, the court convicts him of the | |
offence. | 35 |
(2) If the court is of the opinion that— | |
(a) the offence; or | |
(b) the combination of the offence and one or more offences | |
associated with it, | |
was such that the Crown Court should, in the court’s opinion, have | 40 |
power to deal with the offender as if the provisions of section 91(3) | |
below applied, the court may commit him in custody or on bail to the | |
Crown Court for sentence in accordance with section 5A(1) below. | |
(3) Where the court commits a person under subsection (2) above, | |
section 6 below (which enables a magistrates’ court, where it | 45 |
commits a person under this section in respect of an offence, also to | |
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(3) commit him to the Crown Court to be dealt with in respect of certain | |
other offences) shall apply accordingly. | |
3C Committal for sentence of dangerous young offenders | |
(1) This section applies where on the summary trial of a specified | |
offence a person aged under 18 is convicted of the offence. | 5 |
(2) If, in relation to the offence, it appears to the court that the criteria for | |
the imposition of a sentence under section 206(3) or 208(2) of the | |
Criminal Justice Act 2003 would be met, the court must commit the | |
offender in custody or on bail to the Crown Court for sentence in | |
accordance with section 5A(1) below. | 10 |
(3) Where the court commits a person under subsection (2) above, | |
section 6 below (which enables a magistrates’ court, where it | |
commits a person under this section in respect of an offence, also to | |
commit him to the Crown Court to be dealt with in respect of certain | |
other offences) shall apply accordingly. | 15 |
(4) Nothing in this section shall prevent the court from committing a | |
specified offence to the Crown Court for sentence under section 3B | |
above if the provisions of that section are satisfied. | |
(5) In this section, references to a specified offence are to a specified | |
offence within the meaning of section 204 of the Criminal Justice Act | 20 |
2003.” | |
21 (1) Section 4 (committal for sentence on indication of guilty plea to offence | |
triable either way) is amended as follows. | |
(2) For subsection (1)(b), there is substituted— | |
“(b) he or (where applicable) his representative indicates under | 25 |
section 17A, 17B or 20(7) of the Magistrates’ Courts Act 1980 | |
that he would plead guilty if the offence were to proceed to | |
trial; and”. | |
(3) In subsection (1)(c), for “the Magistrates’ Courts Act 1980” there is | |
substituted “that Act”. | 30 |
(4) For subsection (3), there is substituted— | |
“(3) If the power conferred by subsection (2) above is not exercisable but | |
the court is still to determine to, or to determine whether to, send the | |
offender to the Crown Court for trial under section 51 or 51A of the | |
Crime and Disorder Act 1998 for one or more related offences— | 35 |
(a) it shall adjourn the proceedings relating to the offence until | |
after it has made those determinations; and | |
(b) if it sends the offender to the Crown Court for trial for one or | |
more related offences, it may then exercise that power.” | |
(5) In subsection (4)(b), after “section 3(2)” there is inserted “or, as the case may | 40 |
be, section 3A(2)”. | |
(6) After subsection (7) there is inserted— | |
“(8) In reaching any decision under or taking any step contemplated by | |
this section— | |
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(a) the court shall not be bound by any indication of sentence | |
given in respect of the offence under section 20 of the | |
Magistrates’ Courts Act 1980 (procedure where summary | |
trial appears more suitable); and | |
(b) nothing the court does under this section may be challenged | 5 |
or be the subject of any appeal in any court on the ground that | |
it is not consistent with an indication of sentence.” | |
22 After section 4 there is inserted— | |
“4A Committal for sentence on indication of guilty plea by child or young | |
person with related offences | 10 |
(1) This section applies where— | |
(a) a person aged under 18 appears or brought before a | |
magistrates’ court (“the court”) on an information charging | |
him with an offence mentioned in subsection (1) or (2) of | |
section 91 below (“the offence”); | 15 |
(b) he or his representative indicates under section 24A or (as the | |
case may be) 24B of the Magistrates’ Courts Act 1980 (child or | |
young person to indicate intention as to plea in certain cases) | |
that he would plead guilty if the offence were to proceed to | |
trial; and | 20 |
(c) proceeding as if section 9(1) of that Act were complied with | |
and he pleaded guilty under it, the court convicts him of the | |
offence. | |
(2) If the court has sent the offender to the Crown Court for trial for one | |
or more related offences, that is to say one or more offences which, in | 25 |
its opinion, are related to the offence, it may commit him in custody | |
or on bail to the Crown Court to be dealt with in respect of the | |
offence in accordance with section 5A(1) below. | |
(3) If the power conferred by subsection (2) above is not exercisable but | |
the court is still to determine to, or to determine whether to, send the | 30 |
offender to the Crown Court for trial under section 51 or 51A of the | |
Crime and Disorder Act 1998 for one or more related offences— | |
(a) it shall adjourn the proceedings relating to the offence until | |
after it has made those determinations; and | |
(b) if it sends the offender to the Crown Court for trial for one or | 35 |
more related offences, it may then exercise that power. | |
(4) Where the court— | |
(a) under subsection (2) above commits the offender to the | |
Crown Court to be dealt with in respect of the offence; and | |
(b) does not state that, in its opinion, it also has power so to | 40 |
commit him under section 3B(2) or, as the case may be, | |
section 3C(2) above, | |
section 5A(1) below shall not apply unless he is convicted before the | |
Crown Court of one or more of the related offences. | |
(5) Where section 5A(1) below does not apply, the Crown Court may | 45 |
deal with the offender in respect of the offence in any way in which | |
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