42 Power of Crown Court on committal for sentence.E+W
Where an offender is committed by a magistrates’ court for sentence under [F1section 38 of the Magistrates’ Courts Act 1980] or section 62 of the M1Criminal 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 before the court.
[F2(2)Where an offender is committed by a magistrates’ court for sentence under section 37 of the Magistrates’ Courts Act 1980 (committal for sentence of offender aged 15 or 16 convicted of indictable offences), the Crown Court shall enquire into the circumstances of the case and shall have power—
(a)F3. . . , to sentence him to a term of youth custody not exceeding the maximum term of imprisonment for the offence on conviction on indictment; or
(b)to deal with him in any manner in which the magistrates’ court might have dealt with him.]
Textual Amendments
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 121
F2S. 42(2) is inserted as subsection (2) of section 42 by virtue of the Criminal Justice Act 1982 (c. 48), Sch. 14 para. 34
F3Words in s. 42(2)(a) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
Marginal Citations