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Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    183

 

                    (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

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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.

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              (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,

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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,

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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

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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

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                    (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

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Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    184

 

              (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

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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—

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                    (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.

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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.

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Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    185

 

       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

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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

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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

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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

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                    (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—

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              “(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

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    186

 

                    (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

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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

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                    (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.

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              (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

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    187

 

              (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.

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              (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

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              (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.

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              (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”.

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