Courts Act 1971

[1948 c. 58.] Criminal Justice Act 1948

24 In the Criminal Justice Act 1948—

(a) in all places where there occurs a reference to a court of assize or quarter sessions (sections 6(3)(b) and (4), 8(4)(6)(8), 11(4), 14(1), 17(1)) there shall be substituted a reference to the Crown Court, and

(b) in all places where there occurs a reference to a court of quarter sessions (sections 14(5), 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.

25 In section 8 of that Act, for paragraphs (a) to (c) of subsection (2) there shall be substituted the following paragraph—

(a) if the probation order or order for conditional discharge was made by the Crown Court, that court.

26 (1) In section 14 of that Act, in the proviso to subsection (1), after the word "fine" there shall be inserted the words " or any amount due under a recognisance ".

(2) At the end of the said section 14 add:—

“(6) The powers conferred by this section shall not be taken as restricted by any enactment about committal by a magistrates' court to the Crown Court which authorises the Crown Court to deal with an offender in any way in which the magistrates' court might have dealt with him:

Provided that any term fixed under subsection (1)(c) above as respects a fine imposed by the Crown Court in pursuance of such an enactment, that is to say a fine which the magistrates' court could have imposed, shall not exceed the period applicable to that fine (if imposed by the magistrates' court) under Schedule 3 to the [1952 c. 55.] Magistrates' Courts Act 1952 or section 285 of the [1952 c. 44.] Customs and Excise Act 1952”.

27 For section 29 of that Act there shall be substituted the following section—

“29 Committal for sentence in respect of indictable offence tried summarily.

Where an offender is committed by a magistrates' court for sentence under section 29 of the Magistrates' Courts Act 1952 or section 62 of the [1967 c. 80.] Criminal Justice Act 1967, the Crown Court shall enquire into the circumstances of the case and shall have power to deal with the offender in any manner in which it could deal with him if he had just been convicted of the offence on indictment by the court.”

28 (1) In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph—

(b) the High Court may release on bail a person—

(i) who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(ii) who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application.

(2) At the end of subsection (3) of that section there shall be added the words " or by a police officer not below the rank of inspector or the governor of a prison or the keeper of a place of detention ".