Search Legislation

Powers of Criminal Courts (Sentencing) Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Powers of Criminal Courts (Sentencing) Act 2000, Cross Heading: Committal to Crown Court for sentence is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 12(1A)(g) inserted by 2019 c. 17 s. 13(6)
  • s. 41(9A) inserted by 2000 c. 43 Sch. 7 para. 165(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 41(12) inserted by 2000 c. 43 Sch. 7 para. 165(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 58(2) inserted by 2000 c. 43 Sch. 7 para. 172 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 172 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 82A(3A)-(3C) inserted by 2008 c. 4 s. 19(3)
  • s. 83(2)(aa) substituted for s. 83(2)(b)(c) by 2000 c. 43 Sch. 7 para. 178
  • s. 101(2A) inserted by 2003 c. 44 s. 298(3)
  • s. 147A(6)(a) words substituted by 2012 c. 10 Sch. 13 para. 12(b)
  • s. 147A(6)(b) words inserted by 2012 c. 10 Sch. 13 para. 12(c)
  • Sch. 2 para. 8 and cross-heading inserted by 2000 c. 43 s. 51 (This amendment not applied to legislation.gov.uk. S. 51 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 6A and cross-heading inserted by 2000 c. 43 Sch. 7 para. 199(9) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(9) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 26 inserted by 2000 c. 43 Sch. 7 para. 199(26) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(26) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(4A) inserted by 2004 c. 28 Sch. 5 para. 5(4) (Effect not applied as it relates to a version of Sch. 3 para. 4 prospectively substituted but not brought into force)
  • Sch. 3 para. 7(4)-(7) substituted for Sch. 3 para. 7(4)-(6) by 2000 c. 43 Sch. 7 para. 199(10)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(c) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 10 para. 12(2)(e)(f) inserted by 2000 c. 43 Sch. 7 para. 204 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 204 repealed (30.11.2009) without ever being in force by 2008 c. 4, Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(u)(xxix))

Committal to Crown Court for sentenceE+W

3 Committal for sentence on summary trial of offence triable either way.E+W

(1)Subject to subsection (4) below, this section applies where on the summary trial of an offence triable either way a person aged 18 or over is convicted of the offence.

(2)If the court is of the opinion—

(a)that the offence or the combination of the offence and one or more offences associated with it was so serious that [F1the Crown Court should, in the court's opinion, have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment], F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the court may commit the 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 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 this section is excluded by section [F317D or] 33 of the M1Magistrates’ 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

(b)in subsection (2) above, F4... the words “in custody or on bail” were omitted.

Textual Amendments

F1Words in s. 3(2)(a) substituted by 2003 c. 44 Sch. 3 para. 22A(2)(a) (as inserted) (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8

F2S. 3(2)(b) and the word immediately preceding it omitted by virtue of 2003 c. 44 Sch. 3 para. 22A(2)(b) (as inserted) (8.5.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8

F3Words in s. 3(4) inserted by 2003 c. 44 Sch. 3 para. 22A(3) (as inserted) (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8

F4Words in s. 3(5)(b) omitted by virtue of by 2003 c. 44 Sch. 3 para. 22A(4) (as inserted) (8.5.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8

Marginal Citations

[F53ACommittal for sentence of dangerous adult offendersE+W

(1)This section applies where on the summary trial of a specified 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 [F6226A] of the 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 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 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 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 it is not consistent with an indication of sentence.

(5)Nothing in this section shall prevent the court from committing [F7an offender convicted of 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 offence within the meaning of section 224 of the Criminal Justice Act 2003.

Textual Amendments

F5Ss. 3A-3C inserted (4.4.2005 for the purpose of the insertion of s. 3C) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 23; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(b) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F7S. 3A amendment to earlier affecting provision 2003 c. 44, Sch. 3 para. 23 (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 9

3B[F8Committal for sentence of young offenders on summary trial of certain serious offences]E+W

[F9(1)This section applies where on the summary trial of an offence mentioned in section 91(1) of this Act a person aged under 18 is convicted 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 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.

(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.

Textual Amendments

F5Ss. 3A-3C inserted (4.4.2005 for the purpose of the insertion of s. 3C) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 23; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(b) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

3CCommittal for sentence of dangerous young offendersE+W

(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 [F10226B] of the 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 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 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 224 of the Criminal Justice Act 2003.]

Textual Amendments

F5Ss. 3A-3C inserted (4.4.2005 for the purpose of the insertion of s. 3C) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 23; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(b) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

4 Committal for sentence on indication of guilty plea to offence triable either way.E+W

(1)This section applies where—

(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)[F11he or his representative indicates that he would plead guilty if the offence were to proceed to trial; and]

[F11he 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 trial; and]

(c)proceeding as if section 9(1) of [F12the Magistrates’ Courts Act 1980] [F12that Act] were complied with and he pleaded guilty under it, the court convicts him of the offence.

[F13(1A)But this section does not apply to an offence as regards which this section is excluded by section 17D of that Act (certain offences where value involved is small).]

(2)If the court has [F14sent] the offender to the Crown Court for trial for one 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 5(1) below.

(3)[F15If the power conferred by subsection (2) above is not exercisable but the court is still to inquire, as examining justices, into one or more related offences—

(a)it shall adjourn the proceedings relating to the offence until after the conclusion of its inquiries; and

(b)if it commits the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.]

[F15If the power conferred by subsection (2) above is not exercisable but 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

(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

(b)does not state that, in its opinion, it also has power so to commit him under section 3(2) [F16or, as the case may be, section 3A(2)] above,

section 5(1) below shall not apply unless he is convicted before the Crown Court of one or more of the related offences.

(5)Where section 5(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, 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.

(7)For the purposes of this section one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.

[F17(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 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.]

Textual Amendments

F11S. 4(1)(b) substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 24(2); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F12Word in s. 4(1)(c) substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 24(3); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F13S. 4(1A) inserted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 24(4); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F14Word in s. 4(2) substituted by 2003 c. 44 Sch. 3 para. 24(4A) (as inserted) (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 10

F15S. 4(3) substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 24(5); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F16Words in s. 4(4)(b) substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 24(6); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F17S. 4(8) inserted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 24(7); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

[F184ACommittal for sentence on indication of guilty plea by child or young person with related offencesE+W

(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) of 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 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 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 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

(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

(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.

(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, 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.

(7)Section 4(7) above applies for the purposes of this section as it applies for the purposes of that section.]

Textual Amendments

F18S. 4A inserted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 25; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

5[F19 Power of Crown Court on committal for sentence under sections 3 and 4.][F19Power of Crown Court on committal for sentence under sections 3, 3A and 4]E+W

[F19(1)Where an offender is committed by a magistrates’ court for sentence under section 3 or 4 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.

(2)In relation to committals under section 4 above, subsection (1) above has effect subject to section 4(4) and (5) above.]

[F19(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 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.

(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 224 of the Criminal Justice Act 2003)—

(a)in respect of which the offender is committed under section 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 opinion, it also has power to commit the offender under section 3A(2) above.]

Textual Amendments

F19S. 5 substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 26; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

[F205APower of Crown Court on committal for sentence under sections 3B, 3C and 4AE+W

(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.

(2)In relation to committals under section 4A above, subsection (1) above has effect subject to section 4A(4) and (5) above.]

Textual Amendments

F20S. 5A inserted (4.4.2005 for specified purposes; 18.6.2012 for specified purposes; 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 27; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(d)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

6 Committal for sentence in certain cases where offender committed in respect of another offence.E+W

(1)This section applies where a magistrates’ court (“the committing court”) commits a person in custody or on bail to the Crown Court under any enactment mentioned in subsection (4) below to be sentenced or otherwise dealt with in respect of an offence (“the relevant offence”).

(2)Where this section applies and the relevant offence is an indictable offence, the committing court may also commit the offender, in custody or on bail as the case may require, to the Crown Court to be dealt with in respect of any other offence whatsoever in respect of which the committing court has power to deal with him (being an offence of which he has been convicted by that or any other court).

(3)Where this section applies and the relevant offence is a summary offence, the committing court may commit the offender, in custody or on bail as the case may require, to the Crown Court to be dealt with in respect of—

(a)any other offence of which the committing court has convicted him, being either—

(i)an offence punishable with imprisonment; or

(ii)an offence in respect of which the committing court has a power or duty to order him to be disqualified under section 34, 35 or 36 of the M2Road Traffic Offenders Act 1988 (disqualification for certain motoring offences); or

(b)any suspended sentence in respect of which the committing court has under [F21paragraph 11(1) of Schedule 12 to the Criminal Justice Act 2003] power to deal with him.

(4)The enactments referred to in subsection (1) above are—

(a)the M3Vagrancy Act 1824 (incorrigible rogues);

(b)sections [F223 to 4A] above (committal for sentence for offences triable either way);

(c)section 13(5) below (conditionally discharged person convicted of further offence);

F23(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(e)paragraph 11(2) of Schedule 12 to the Criminal Justice Act 2003 (committal to Crown Court where offender convicted during operational period of suspended sentence).]

Textual Amendments

F21Words in s. 6(3)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 91(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F22Words in s. 6(4)(b) substituted (4.4.2005 for specified purposes; 18.6.2012 for specified purposes; 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 28; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F23S. 6(4)(d) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F24S. 6(4)(e) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 91(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

Marginal Citations

7 Power of Crown Court on committal for sentence under section 6.E+W

(1)Where under section 6 above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of an offence, the Crown Court may after inquiring into the circumstances of the case deal with him in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.

(2)Subsection (1) above does not apply where under section 6 above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of a suspended sentence, but in such a case the powers under [F25paragraphs 8 and 9 of Schedule 12 to the Criminal Justice Act 2003] (power of court to deal with suspended sentence) shall be exercisable by the Crown Court.

(3)Without prejudice to subsections (1) and (2) above, where under section 6 above or any enactment mentioned in subsection (4) of that section a magistrates’ court commits a person to be dealt with by the Crown Court, any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates’ court shall not be discharged or exercised by that court but shall instead be discharged or may instead be exercised by the Crown Court.

(4)Where under section 6 above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of an offence triable only on indictment in the case of an adult (being an offence which was tried summarily because of the offender’s being under 18 years of age), the Crown Court’s powers under subsection (1) above in respect of the offender after he attains the age of 18 shall be powers to do either or both of the following—

(a)to impose a fine not exceeding £5,000;

(b)to 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 an offence punishable with imprisonment for a term not exceeding six months.

Textual Amendments

F25Words in s. 7(2) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 92; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources