Sentencing Act 2020

CHAPTER 2 E+W Committal to the Crown Court for sentence

Committal following summary trial: adults and corporations E+W

14 Committal for sentence on summary trial of offence triable either way: adults and corporations E+W

(1) This section applies where—

(a) on the summary trial of an offence triable either way a person aged 18 or over is convicted of the offence, and

(b) the court is of the opinion that—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

was so serious that the Crown Court should have the power to deal with the offender in any way it could deal with the offender if the offender had been convicted on indictment.

This is subject to the provisions mentioned in subsection (4).

(2) The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 21(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

(4) For offences in relation to which this section does not apply see sections 17D and 33 of the Magistrates' Courts Act 1980 (exclusion in respect of certain offences where value involved is small).

(5) This section applies to a corporation as if—

(a) the corporation were an individual aged 18 or over, and

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

Commencement Information

I1 S. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

15 Committal for sentence of dangerous adult offenders E+W

(1) This section applies where—

(a) on the summary trial of a specified offence (see section 306) triable either way a person aged 18 or over is convicted of the offence, and

(b) the court is of the opinion that an extended sentence of detention in a young offender institution or of imprisonment (see section 266 or 279) would be available in relation to the offence.

[F1 (1A) This section also applies where—

(a) on the summary trial of an offence specified in Schedule 17A triable either way a person is convicted of the offence, and

(b) the court is of the opinion that the circumstances are such that a serious terrorism sentence (see section 268A or 282A) may be required to be imposed.]

(2) The court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 21(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

(4) In doing anything under or contemplated by this section, the court is not 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).

(5) 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 inconsistent with an indication of sentence.

(6) Nothing in this section prevents the court from committing an offender convicted of [F2 an offence] to the Crown Court for sentence under section 14 or 18 if the provisions of that section are satisfied.

Textual Amendments

F1 S. 15(1A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(2)(a)

F2 Words in s. 15(6) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(2)(b)

Commencement Information

I2 S. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal following summary trial: persons under 18 E+W

16 Committal for sentence of young offenders on summary trial of certain serious offences E+W

(1) This section applies where—

(a) on the summary trial of an offence within paragraph (a) or (b) of the table in section 249(1) (offences punishable with imprisonment for 14 years or more and certain sexual offences), a person is convicted of the offence,

(b) the person is aged under 18 at the time of conviction, and

(c) the court is of the opinion that—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

was such that the Crown Court should have power to deal with the offender by imposing a sentence of detention under section 250.

(2) The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

Commencement Information

I3 S. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F3 16A Committal for sentence of young offenders on summary trial of certain terrorist offences E+W

(1) This section applies where—

(a) on summary trial of an offence within section 252A(1)(a) (terrorism offences attracting special sentence for offenders of particular concern), a person is convicted of the offence,

(b) the person is aged under 18 at the time of conviction, and

(c) the court is of the opinion that—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

was such that the Crown Court should have power to deal with the offender by imposing a sentence of detention under section 252A for a term of more than two years.

(2) The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.]

Textual Amendments

F3 S. 16A inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(2)

17 Committal for sentence of dangerous young offenders E+W

(1) This section applies where—

(a) on the summary trial of a specified offence (see section 306) a person aged under 18 is convicted of the offence, and

(b) the court is of the opinion that an extended sentence of detention under section 254 would be available in relation to the offence.

(2) The court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

(4) Nothing in this section prevents the court from committing a person convicted of a specified offence to the Crown Court for sentence under section 16 [F4 , 16A] or 19 if the provisions of that section are satisfied.

Textual Amendments

F4 Word in s. 17(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(3)

Commencement Information

I4 S. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal for sentence following indication of guilty plea E+W

18 Committal for sentence on indication of guilty plea to offence triable either way: adult offenders E+W

(1) Where a magistrates' court—

(a) has convicted an offender aged 18 or over of an offence triable either way following an indication of a guilty plea, and

(b) has sent the offender to the Crown Court for trial for one or more related offences,

it may commit the offender in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 21(2).

(2) For offences in relation to which subsection (1) does not apply, see section 17D of the Magistrates' Courts Act 1980 (cases where value involved is small).

(3) Where a magistrates' court—

(a) convicts an offender aged 18 or over of an offence triable either way following an indication of a guilty plea, and

(b) is still to determine to send, or 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,

it must adjourn the proceedings relating to the offence until after it has made those determinations.

(4) Where the court—

(a) commits the offender under subsection (1) to the Crown Court to be dealt with in respect of the offence, and

(b) in its opinion also has power under section 14(2) or is required under section 15(2) to commit the offender to the Crown Court to be dealt with in respect of the offence,

the court may make a statement of that opinion.

(5) For powers of the court, where it commits a person under subsection (1), also to commit in respect of other offences, see section 20.

(6) For the purposes of this section, a magistrates' court convicts a person of an offence triable either way following an indication of a guilty plea if—

(a) the person appears or is brought before the court on an information charging the person with the offence,

(b) the person or (where applicable) the person's representative indicates under—

(i) section 17A or 17B of the Magistrates' Courts Act 1980 (indication of intention as to plea in case of offence triable either way), or

(ii) section 20(7) of that Act (summary trial appears more suitable),

that the person would plead guilty if the offence were to proceed to trial, and

(c) proceeding as if—

(i) section 9(1) of that Act were complied with, and

(ii) the person pleaded guilty under it,

the court convicts the person of the offence.

(7) For the purposes of this section—

(a) “related offence” means an offence which, in the opinion of the court, is related to the offence, and

(b) 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.

(8) In doing anything under or contemplated by this section, the court is not 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).

(9) 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 inconsistent with an indication of sentence.

Commencement Information

I5 S. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19 Committal for sentence on indication of guilty plea by child with related offences E+W

(1) Where—

(a) a magistrates' court—

(i) has convicted a person aged under 18 of an offence following an indication of a guilty plea, and

(ii) has sent the person to the Crown Court for trial for one or more related offences, and

(b) the offence falls within paragraph (a) or (b) of the table in section 249(1) (offences punishable with imprisonment for 14 years or more and certain sexual offences) [F5 or section 252A(1)(a) (terrorism offences attracting special sentence for offenders of particular concern)],

the court may commit the offender in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 22(2).

(2) Where a magistrates' court—

(a) convicts a person aged under 18 of an offence mentioned in paragraph (a) or (b) of the table in section 249(1) [F6 or within section 252A(1)(a)] following an indication of a guilty plea, and

(b) is still to determine to send, or whether to send, the person to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences,

it must adjourn the proceedings relating to the offence until after it has made those determinations.

(3) Where the court—

(a) commits the offender under subsection (1) to the Crown Court to be dealt with in respect of the offence, and

(b) in its opinion, also has power so to commit the offender under section 16(2) [F7 , 16A(2)] or 17(2),

the court may make a statement of that opinion.

(4) For powers of the court, where it commits a person under subsection (1), also to commit in respect of other offences, see section 20.

(5) For the purposes of this section, a magistrates' court convicts a person aged under 18 of an offence following an indication of a guilty plea if—

(a) the person appears or is brought before the court when aged under 18 on an information charging the person with the offence,

(b) the person or the person's representative indicates under section 24A or 24B of the Magistrates' Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that the person would plead guilty if the offence were to proceed to trial, and

(c) proceeding as if—

(i) section 9(1) of that Act were complied with, and

(ii) the person pleaded guilty under it,

the court convicts the person of the offence.

(6) For the purposes of this section—

(a) “related offence” means an offence which, in the opinion of the court, is related to the offence, and

(b) 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.

Textual Amendments

F5 Words in s. 19(1)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(4)(a)

F6 Words in s. 19(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(4)(b)

F7 Word in s. 19(3)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(4)(c)

Commencement Information

I6 S. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal for sentence where offender committed in respect of another offence E+W

20 Committal 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 an offender to the Crown Court under—

(a) sections 14 to 19 (committal for sentence for indictable offences),

(b) paragraph 5(4) of Schedule 2 (further offence committed by offender given conditional discharge order),

(c) paragraph 24(2) of Schedule 10 (committal to Crown Court where offender convicted of further offence while community order is in force),

(d) paragraph 11(2) of Schedule 16 (committal to Crown Court where offender commits further offence during operational period of suspended sentence order),

(e) section 43 of the Mental Health Act 1980 (power of magistrates' courts to commit for restriction order),

(f) section 6(6) or 9(3) of the Bail Act 1976 (committal to Crown Court for offences of absconding by person released on bail or agreeing to indemnify sureties in criminal proceedings), or

(g) the Vagrancy Act 1824 (incorrigible rogues),

to be sentenced or otherwise dealt with in respect of an offence (“the relevant offence”).

(2) Where—

(a) the relevant offence is an indictable offence, and

(b) the committing court has power to deal with the offender in respect of another offence,

the committing court may also commit the offender to the Crown Court to be dealt with in respect of the other offence in accordance with section 23.

(3) It is immaterial for the purposes of subsection (2) whether the court which convicted the offender of the other offence was the committing court or another court.

(4) Where the relevant offence is a summary offence, the committing court may commit the offender to the Crown Court to be dealt with, in accordance with section 23, in respect of—

(a) any other offence of which the committing court has convicted the offender which is punishable with—

(i) imprisonment, or

(ii) driving disqualification, or

(b) any suspended sentence in respect of which it falls to the committing court to deal with the offender by virtue of paragraph 11(1) of Schedule 16.

(5) For the purposes of subsection (4)(a) an offence is punishable with driving disqualification if the committing court has a power or duty to order the offender to be disqualified under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 (disqualification for certain motoring offences) in respect of it.

(6) A committal to the Crown Court under this section is to be in custody or on bail as the case may require.

Commencement Information

I7 S. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of Crown Court on committal for sentence E+W

21 Power of Crown Court on committal for sentence of offender under section 14, 15 or 18 E+W

(1) This section applies where an offender is committed by a magistrates' court for sentence under—

(a) section 14(2) (committal for sentence on summary trial of offence triable either way),

(b) section 15(2) (committal for sentence of dangerous adult offenders), or

(c) section 18(1) (committal for sentence on indication of guilty plea to offence triable either way).

(2) The Crown Court—

(a) must inquire into the circumstances of the case, and

(b) may deal with the offender in any way in which it could deal with the offender if the offender had been convicted of the offence on indictment before the court.

This is subject to subsections (4) and (5).

(3) Any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

(4) Subsection (5) applies where a magistrates' court—

(a) commits an offender under section 18(1) to be dealt with in respect of an offence (“the offence”), but

(b) does not make a statement under section 18(4) (statement of power to commit under section 14(2) or 15(2)).

(5) Unless the offender is convicted before the Crown Court of at least one of the offences for which the magistrates' court has sent the offender for trial (see section 18(1)(b))—

(a) subsection (2)(b) does not apply, and

(b) the Crown Court may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender for it.

(6) 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) does not apply in respect of a specified offence (see section 306)—

(a) in respect of which the offender is committed under section 15(2) (dangerous adult offenders), or

(b) in respect of which—

(i) the offender is committed under section 18(1) (guilty plea to offence triable either way), and

(ii) the court makes a statement under section 18(4) that, in its opinion, it also has power to commit the offender under section 15(2).

Commencement Information

I8 S. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 Power of Crown Court on committal for sentence of person under 18 under section 16, [F8 16A,] 17 or 19 E+W

(1) This section applies where an offender is committed by a magistrates' court for sentence under—

(a) section 16(2) (committal for sentence of young offenders on summary trial of certain serious offences),

[F9 (aa) section 16A(2) (committal for sentence of young offenders on summary trial of certain terrorist offences),]

(b) section 17(2) (committal for sentence of dangerous young offenders), or

(c) section 19(1) (committal for sentence on indication of guilty plea by child or young person with related offences).

(2) The Crown Court—

(a) must inquire into the circumstances of the case, and

(b) may deal with the offender in any way in which it could deal with the offender if the offender had been convicted of the offence on indictment before the court.

This is subject to subsections (4) and (5).

(3) Any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

(4) Subsection (5) applies where a magistrates' court—

(a) commits an offender under section 19(1) to be dealt with in respect of an offence (“the offence”), but

(b) does not make a statement under section 19(3) (statement of power to commit under section 16(2) [F10 , 16A(2)] or 17(2)).

(5) Unless the offender is convicted before the Crown Court of at least one of the offences for which the magistrates' court has sent the offender for trial (see section 19(1)(a))—

(a) subsection (2)(b) does not apply, and

(b) the Crown Court may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender for it.

Textual Amendments

F8 Word in s. 22 heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(5)(a)

F9 S. 22(1)(aa) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(5)(b)

F10 Word in s. 22(4)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(5)(c)

Commencement Information

I9 S. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

23 Power of Crown Court on committal for sentence under section 20 E+W

(1) Subsection (2) applies where under section 20(2) or (4)(a) (committal for sentence in certain cases where offender committed in respect of another offence) a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence.

(2) The Crown Court—

(a) must inquire into the circumstances of the case, and

(b) may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender (assuming it had convicted the offender of the offence).

(3) Subsection (4) applies where under section 20(4)(b) a magistrates' court commits a person to be dealt with by the Crown Court in respect of a suspended sentence.

(4) The powers under paragraphs 13 and 14 of Schedule 16 (power of court to deal with suspended sentence) are exercisable by the Crown Court.

(5) Subsection (6) applies where under section 20 a magistrates' court commits a person to be dealt with by the Crown Court.

(6) Without prejudice to subsections (1) to (4), any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

Commencement Information

I10 S. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further powers to commit to Crown Court for sentence E+W

24 Further powers to commit offender to the Crown Court to be dealt with E+W

(1) For other powers of a magistrates' court to commit an offender to the Crown Court to be dealt with for an offence, see—

(a) paragraph 22(2) and (4) of Schedule 7 (offender subject to youth rehabilitation order made by Crown Court convicted of further offence by magistrates' court);

(b) section 70 of the Proceeds of Crime Act 2002 (request by prosecution with a view to consideration of confiscation order under section 6 of that Act);

(c) section 43(1) of the Mental Health Act 1983 (power of magistrates' courts to commit for restriction order);

(d) section 6(6) of the Bail Act 1976 (offence of absconding by person released on bail);

(e) section 9(3) of that Act (offence of agreeing to indemnify sureties in criminal proceedings);

(f) the Vagrancy Act 1824 (incorrigible rogues).

(2) Nothing in subsection (1) is to be taken to limit any other power of a magistrates' court to commit an offender to the Crown Court.

Commencement Information

I11 S. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2