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51A Sending cases to the Crown Court: children and young persons | |
(1) This section is subject to sections 24A and 24B of the Magistrates’ | |
Courts Act 1980 (which provide for certain offences involving | |
children or young persons to be tried summarily). | |
(2) Where a child or young person appears or is brought before a | 5 |
magistrates’ court (“the court”) charged with an offence and any of | |
the conditions mentioned in subsection (3) below is satisfied, the | |
court shall send him forthwith to the Crown Court for trial for the | |
offence. | |
(3) Those conditions are— | 10 |
(a) that the offence is homicide; | |
(b) that the offence is such as is mentioned in subsection (1) or (2) | |
of section 91 of the Powers of Criminal Courts (Sentencing) | |
Act 2000 (other than one mentioned in paragraph (d) below | |
in relation to which it appears to the court as mentioned | 15 |
there) and the court considers that if he is found guilty of the | |
offence it ought to be possible to sentence him in pursuance | |
of subsection (3) of that section; | |
(c) that notice is given to the court under section 51B or 51C | |
below in respect of the offence; | 20 |
(d) that the offence is a specified offence (within the meaning of | |
section 206 of the Criminal Justice Act 2003) and it appears to | |
the court that if he is found guilty of the offence the criteria | |
for the imposition of a sentence under section 208(3) or 210(2) | |
of that Act would be met. | 25 |
(4) Where the court sends a child or young person for trial under | |
subsection (2) above, it may at the same time send him to the Crown | |
Court for trial for any indictable or summary offence with which he | |
is charged and which— | |
(a) (if it is an indictable offence) appears to the court to be related | 30 |
to the offence mentioned in subsection (2) above; or | |
(b) (if it is a summary offence) appears to the court to be related | |
to the offence mentioned in subsection (2) above or to the | |
indictable offence, and which fulfils the requisite condition | |
(as defined in subsection (9) below), | 35 |
but an offence which falls within subsection (3) above is to be dealt | |
with under subsection (2) above and not under this subsection. | |
(5) Where a child or young person who has been sent for trial under | |
subsection (2) above subsequently appears or is brought before a | |
magistrates’ court charged with an indictable or summary offence | 40 |
which— | |
(a) appears to the court to be related to the offence mentioned in | |
subsection (2) above; and | |
(b) (in the case of a summary offence) fulfils the requisite | |
condition, | 45 |
the court may send him forthwith to the Crown Court for trial for the | |
indictable or summary offence. | |
An offence which falls within subsection (3) above is to be dealt with | |
under subsection (2) above and not under this subsection. | |
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(6) Where— | |
(a) the court sends a child or young person (“C”) for trial under | |
subsection (2) or (4) above; and | |
(b) an adult appears or is brought before the court on the same | |
or a subsequent occasion charged jointly with C with an | 5 |
either-way offence for which C is sent for trial under | |
subsection (2) or (4) above, or an either-way offence which | |
appears to the court to be related to that offence, | |
the court shall where it is the same occasion, and may where it is a | |
subsequent occasion, send the adult forthwith to the Crown Court | 10 |
for trial for the either-way offence. | |
(7) Where the court sends an adult for trial under subsection (6) above, | |
it shall at the same time send him to the Crown Court for trial for any | |
either-way or summary offence with which he is charged and | |
which— | 15 |
(a) (if it is an either-way offence) appears to the court to be | |
related to the offence for which he was sent for trial; and | |
(b) (if it is a summary offence) appears to the court to be related | |
to the offence for which he was sent for trial or to the either- | |
way offence, and which fulfils the requisite condition. | 20 |
(8) The trial of the information charging any summary offence for which | |
a person is sent for trial under this section shall be treated as if the | |
court had adjourned it under section 10 of the 1980 Act and had not | |
fixed the time and place for its resumption. | |
(9) A summary offence fulfils the requisite condition if it is punishable | 25 |
with imprisonment or involves obligatory or discretionary | |
disqualification from driving. | |
(10) The functions of a magistrates’ court under this section, and its | |
related functions under section 51D below, may be discharged by a | |
single justice. | 30 |
51B Notices in serious or complex fraud cases | |
(1) A notice may be given by a designated authority under this section | |
in respect of an indictable offence if the authority is of the opinion | |
that the evidence of the offence charged— | |
(a) is sufficient for the person charged to be put on trial for the | 35 |
offence; and | |
(b) reveals a case of fraud of such seriousness or complexity that | |
it is appropriate that the management of the case should | |
without delay be taken over by the Crown Court. | |
(2) That opinion must be certified by the designated authority in the | 40 |
notice. | |
(3) The notice must also specify the proposed place of trial, and in | |
selecting that place the designated authority must have regard to the | |
same matters as are specified in paragraphs (a) to (c) of section | |
51D(4) below. | 45 |
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(4) A notice under this section must be given to the magistrates’ court at | |
which the person charged appears or before which he is brought. | |
(5) Such a notice must be given to the magistrates’ court before any | |
summary trial begins. | |
(6) The effect of such a notice is that the functions of the magistrates’ | 5 |
court cease in relation to the case, except— | |
(a) for the purposes of section 51D below; | |
(b) as provided by paragraph 2 of Schedule 3 to the Access to | |
Justice Act 1999; and | |
(c) in connection with remanding the person charged (whether | 10 |
in custody or on bail). | |
(7) The functions of a designated authority under this section may be | |
exercised by an officer of the authority acting on behalf of the | |
authority. | |
(8) A decision to give a notice under this section shall not be subject to | 15 |
appeal or liable to be questioned in any court (whether a magistrates’ | |
court or not). | |
(9) In this section “designated authority” means— | |
(a) the Director of Public Prosecutions; | |
(b) the Director of the Serious Fraud Office; | 20 |
(c) the Commissioners of the Inland Revenue; | |
(d) the Commissioners of Customs and Excise; or | |
(e) the Secretary of State. | |
51C Notices in certain cases involving children | |
(1) A notice may be given by the Director of Public Prosecutions under | 25 |
this section in respect of an offence falling within subsection (3) | |
below if he is of the opinion— | |
(a) that the evidence of the offence would be sufficient for the | |
person charged to be put on trial for the offence; | |
(b) that a child would be called as a witness at the trial; and | 30 |
(c) that, for the purpose of avoiding any prejudice to the welfare | |
of the child, the case should be taken over and proceeded | |
with without delay by the Crown Court. | |
(2) That opinion must be certified by the Director of Public Prosecutions | |
in the notice. | 35 |
(3) This subsection applies to an offence— | |
(a) which involves an assault on, or injury or a threat of injury to, | |
a person; | |
(b) under section 1 of the Children and Young Persons Act 1933 | |
(cruelty to persons under 16); | 40 |
(c) under the Sexual Offences Act 1956, the Indecency with | |
Children Act 1960, the Sexual Offences Act 1967, section 54 of | |
the Criminal Law Act 1977 or the Protection of Children Act | |
1978; | |
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(d) of kidnapping or false imprisonment, or an offence under | |
section 1 or 2 of the Child Abduction Act 1984; | |
(e) which consists of attempting or conspiring to commit, or of | |
aiding, abetting, counselling, procuring or inciting the | |
commission of, an offence falling within paragraph (a), (b), | 5 |
(c) or (d) above. | |
(4) Subsections (4), (5) and (6) of section 51B above apply for the | |
purposes of this section as they apply for the purposes of that. | |
(5) The functions of the Director of Public Prosecutions under this | |
section may be exercised by an officer acting on behalf of the | 10 |
Director. | |
(6) A decision to give a notice under this section shall not be subject to | |
appeal or liable to be questioned in any court (whether a magistrates’ | |
court or not). | |
(7) In this section “child” means— | 15 |
(a) a person who is under the age of 17; or | |
(b) any person of whom a video recording was made when he | |
was under the age of 17 with a view to its admission as his | |
evidence in chief in the trial of a person charged with the | |
offence which is the subject of the notice under this section. | 20 |
51D Notice of offence and place of trial | |
(1) The court shall specify in a notice— | |
(a) the offence or offences for which a person is sent for trial | |
under section 51 or 51A above; and | |
(b) the place at which he is to be tried (which, if a notice has been | 25 |
given under section 51B above, must be the place specified in | |
that notice). | |
(2) A copy of the notice shall be served on the accused and given to the | |
Crown Court sitting at that place. | |
(3) In a case where a person is sent for trial under section 51(1) or 51A(2) | 30 |
above for more than one offence and the court includes any further | |
offence in the notice under subsection (1) above, the court shall | |
specify in that notice the offence to which the further offence appears | |
to the court to be related. | |
(4) Where the court selects the place of trial for the purposes of | 35 |
subsection (1) above, it shall have regard to— | |
(a) the convenience of the defence, the prosecution and the | |
witnesses; | |
(b) the desirability of expediting the trial; and | |
(c) any direction given by or on behalf of the Lord Chief Justice | 40 |
with the concurrence of the Lord Chancellor under section | |
75(1) of the Supreme Court Act 1981. | |
51E Interpretation of sections 51 to 51D | |
For the purposes of sections 51 to 51D above— | |
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(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 | |
by an adult, is triable either on indictment or summarily; | |
(c) an either-way offence is related to an indictable-only offence | 5 |
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 | |
arises out of circumstances which are the same as or | |
connected with those giving rise to the indictable offence.” | 10 |
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”. | |
(3) In paragraph 7— | |
(a) in sub-paragraph (1)(a), after “51” there is inserted “or 51A”, | 15 |
(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”, | |
(d) after sub-paragraph (8) there is inserted— | |
“(9) In this paragraph, a “main offence” is— | 20 |
(a) an offence for which the person has been sent to the | |
Crown Court for trial under section 51(1) of this | |
Act; or | |
(b) an offence— | |
(i) for which the person has been sent to the | 25 |
Crown Court for trial under subsection (5) | |
of section 51 or subsection (6) of section 51A | |
of this Act (“the applicable subsection”); | |
and | |
(ii) in respect of which the conditions for | 30 |
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 | |
paragraphs (a) and (b) of section 51A(6)) | |
continue to be satisfied.” | 35 |
(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 | |
indictment” there is substituted “main offence (within the meaning | |
of paragraph 7 above)”, | 40 |
(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”, | |
(b) for sub-paragraphs (2) and (3), there is substituted— | |
“(2) Before deciding the question, the court— | 45 |
(a) shall give the prosecution an opportunity to inform | |
the court of the accused’s previous convictions (if | |
any); and | |
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(b) shall give the prosecution and the accused an | |
opportunity to make representations as to whether | |
summary trial or trial on indictment would be | |
more suitable. | |
(3) In deciding the question, the court shall consider— | 5 |
(a) whether the sentence which a magistrates’ court | |
would have power to impose for the offence would | |
be adequate; and | |
(b) any representations made by the prosecution or the | |
accused under sub-paragraph (2)(b) above, | 10 |
and shall have regard to any allocation guidelines (or | |
revised allocation guidelines) issued as definitive | |
guidelines under section 154 of the Criminal Justice Act | |
2003. | |
(4) Where— | 15 |
(a) the accused is charged on the same occasion with | |
two or more offences; and | |
(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; | 20 |
sub-paragraph (3)(a) above shall have effect as if references | |
to the sentence which a magistrates’ court would have | |
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 | 25 |
together. | |
(5) In this paragraph— | |
(a) any reference to a previous conviction is to be read | |
as a reference to a previous conviction by a court in | |
Great Britain; | 30 |
(b) a conviction in respect of which a probation order | |
was made before 1st October 1992 (which by virtue | |
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 | 35 |
conviction for those purposes; and | |
(c) a conviction in respect of which an order | |
discharging the offender absolutely or | |
conditionally was made at any date (which by | |
virtue of section 14 of the Powers of Criminal | 40 |
Courts (Sentencing) Act 2000 would otherwise not | |
be a conviction for the purposes of this paragraph) | |
is to be treated as a conviction for those purposes.” | |
(6) In paragraph 10— | |
(a) for sub-paragraph (2), there is substituted— | 45 |
“(2) The court shall explain to the accused in ordinary | |
language— | |
(a) that it appears to the court more suitable for him to | |
be tried summarily for the offence; | |
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(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 | |
meaning of section 206 of the Criminal Justice Act | |
2003), that if he is tried summarily and is convicted | 5 |
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 | |
committing court is of such opinion as is | |
mentioned in subsection (2) of that section.” | 10 |
(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 | |
indictment”. | |
(8) Paragraph 12 shall cease to have effect. | 15 |
(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 | |
indictment” there is substituted “main offence”, | |
(c) in sub-paragraph (2), the words from “unless” to the end are omitted, | 20 |
(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 | |
been sent to the Crown Court for trial under section | |
51A(2) of this Act; or | 25 |
(b) an offence— | |
(i) for which the child or young person has | |
been sent to the Crown Court for trial under | |
subsection (7) of section 51 of this Act; and | |
(ii) in respect of which the conditions for | 30 |
sending him to the Crown Court for trial | |
under that subsection (as set out in | |
paragraphs (a) and (b) of that subsection) | |
continue to be satisfied.” | |
(10) In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered” | 35 |
there is substituted “decided”. | |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
18 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. | |
19 For section 3 (committal for sentence on summary trial of offence triable | |
either way) there is substituted— | 40 |
“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— | |
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