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 greater punishment should be inflicted for the offence than the court has power to impose, or
(b)in the case of a violent or sexual offence, that a custodial sentence for a term longer than the court has power to impose is necessary to protect the public from serious harm from him,
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 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, paragraph (b) and the words “in custody or on bail” were omitted.
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