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| |
| |
(a) a person aged 18 or over appears or is brought before a | |
magistrates’ court (“the court”) on an information charging | |
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 | 5 |
procedure: accused to indicate intention as to plea) 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. | 10 |
(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 so serious that the Crown Court should, in the court’s opinion, | 15 |
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 | |
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, | 20 |
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. | |
(4) This section does not apply in relation to an offence as regards which | 25 |
this section is excluded by section 17D or 33 of the Magistrates’ | |
Courts Act 1980 (certain offences where value involved is small). | |
(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 | 30 |
(b) in subsection (2) above, the words “in custody or on bail” | |
were omitted.” | |
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 | 35 |
offence triable either way a person aged 18 or over is convicted of the | |
offence. | |
(2) If, in relation to the offence, it appears to the court that the criteria for | |
the imposition of a sentence under section 207(3) or 209(2) of the | |
Criminal Justice Act 2003 would be met, the court must commit the | 40 |
offender 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 | 45 |
| |
| |
|
| |
| |
(3) commit him to the Crown Court to be dealt with in respect of certain | |
other offences) shall apply accordingly. | |
(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 | 5 |
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 | |
or be the subject of any appeal in any court on the ground that | 10 |
it is not consistent with an indication of sentence. | |
(5) Nothing in this section shall prevent the court from committing a | |
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 | 15 |
offence within the meaning of section 206 of the Criminal Justice Act | |
2003. | |
3B Committal for sentence on indication of guilty plea by child or young | |
person | |
(1) This section applies where— | 20 |
(a) a person aged under 18 appears or is 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”); | |
(b) he or his representative indicates under section 24A or (as the | 25 |
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 | |
(c) proceeding as if section 9(1) of that Act were complied with | 30 |
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 | |
(b) the combination of the offence and one or more offences | 35 |
associated with it, | |
was such that the Crown Court should, in the court’s opinion, have | |
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. | 40 |
(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. | 45 |
| |
| |
|
| |
| |
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. | |
(2) If, in relation to the offence, it appears to the court that the criteria for | |
the imposition of a sentence under section 208(3) or 210(2) of the | 5 |
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. | |
(3) Where the court commits a person under subsection (2) above, | |
section 6 below (which enables a magistrates’ court, where it | 10 |
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. | |
(4) Nothing in this section shall prevent the court from committing a | |
specified offence to the Crown Court for sentence under section 3B | 15 |
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 206 of the Criminal Justice Act | |
2003.” | |
21 (1) Section 4 (committal for sentence on indication of guilty plea to offence | 20 |
triable either way) is amended as follows. | |
(2) For subsection (1)(b), there is substituted— | |
“(b) he or (where applicable) his representative indicates under | |
section 17A, 17B or 20(7) of the Magistrates’ Courts Act 1980 | |
that he would plead guilty if the offence were to proceed to | 25 |
trial; and”. | |
(3) In subsection (1)(c), for “the Magistrates’ Courts Act 1980” there is | |
substituted “that Act”. | |
(4) For subsection (3), there is substituted— | |
“(3) If the power conferred by subsection (2) above is not exercisable but | 30 |
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— | |
(a) it shall adjourn the proceedings relating to the offence until | |
after it has made those determinations; and | 35 |
(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 | |
be, section 3A(2)”. | |
(6) After subsection (7) there is inserted— | 40 |
“(8) 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 | 45 |
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.” | |
22 After section 4 there is inserted— | |
“4A Committal for sentence on indication of guilty plea by child or young | 5 |
person with related offences | |
(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 | 10 |
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) | |
that he would plead guilty if the offence were to proceed to | 15 |
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. | |
(2) If the court has sent the offender to the Crown Court for trial for one | 20 |
or more related offences, that is to say one or more offences which, in | |
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 | 25 |
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— | |
(a) it shall adjourn the proceedings relating to the offence until | |
after it has made those determinations; and | 30 |
(b) if it sends the offender to the Crown Court for trial for one or | |
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 | 35 |
(b) does not state that, in its opinion, it also has power so to | |
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. | 40 |
(5) Where section 5A(1) below does not apply, the Crown Court may | |
deal with the offender in respect of the offence in any way in which | |
the magistrates’ court could deal with him if it had just convicted | |
him of the offence. | |
(6) Where the court commits a person under subsection (2) above, | 45 |
section 6 below (which enables a magistrates’ court, where it | |
commits a person under this section in respect of an offence, also to | |
| |
| |
|
| |
| |
(6) commit him to the Crown Court to be dealt with in respect of certain | |
other offences) shall apply accordingly. | |
(7) Section 4(7) above applies for the purposes of this section as it applies | |
for the purposes of that section.” | |
23 For section 5 (power of Crown Court on committal for sentence under | 5 |
sections 3 and 4) there is substituted— | |
“5 Power of Crown Court on committal for sentence under sections 3, 3A | |
and 4 | |
(1) Where an offender is committed by a magistrates’ court for sentence | |
under section 3, 3A or 4 above, the Crown Court shall inquire into the | 10 |
circumstances of the case and may deal with the offender in any way | |
in which it could deal with him if he had just been convicted of the | |
offence on indictment before the court. | |
(2) In relation to committals under section 4 above, subsection (1) above | |
has effect subject to section 4(4) and (5) above. | 15 |
(3) Section 20A(1) of the Magistrates’ Courts Act 1980 (which relates to | |
the effect of an indication of sentence under section 20 of that Act) | |
shall not apply in respect of any specified offence (within the | |
meaning of section 206 of the Criminal Justice Act 2003)— | |
(a) in respect of which the offender is committed under section | 20 |
3A(2) above; or | |
(b) in respect of which— | |
(i) the offender is committed under section 4(2) above; | |
and | |
(ii) the court states under section 4(4) above that, in its | 25 |
opinion, it also has power to commit the offender | |
under section 3A(2) above.” | |
24 After section 5 there is inserted— | |
“5A Power of Crown Court on committal for sentence under sections 3B, | |
3C and 4A | 30 |
(1) Where an offender is committed by a magistrates’ court for sentence | |
under section 3B, 3C or 4A above, the Crown Court shall inquire into | |
the circumstances of the case and may deal with the offender in any | |
way in which it could deal with him if he had just been convicted of | |
the offence on indictment before the court. | 35 |
(2) In relation to committals under section 4A above, subsection (1) | |
above has effect subject to section 4A(4) and (5) above.” | |
25 In section 6 (committal for sentence in certain cases where offender | |
committed in respect of another offence), in subsection (4)(b), for “3 and 4” | |
there is substituted “3 to 4A”. | 40 |
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