http://www.legislation.gov.uk/id/ukpga/1988/33

http://www.legislation.gov.uk/ukpga/1988/33/section/41/1996-08-01

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

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Statute Law Database

2024-06-18

1996-08-01

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

Part V Jurisdiction, Imprisonment, Fines, Etc.

Jurisdiction

41 Power of Crown Court to deal with summary offence where person committed for either way offence.

1

Where a magistrates’ court commits a person to the Crown Court for trial on indictment for an offence triable either way or a number of such offences, it may also commit him for trial for any summary offence with which he is charged and which—

a

is punishable with imprisonment or involves obligatory or discretionary disqualification from driving; and

b

arises out of circumstances which appear to the court to be the same as or connected with those giving rise to the offence, or one of the offences, triable either way,

whether or not evidence relating to that summary offence appears on the depositions or written statements in the case; and the trial of the information charging the summary offence shall then be treated as if the magistrates’ court had adjourned it under section 10 of the M1Magistrates’ Courts Act 1980 and had not fixed the time and place for its resumption.

2

Where a magistrates’ court commits a person to the Crown Court for trial on indictment for a number of offences triable either way and exercises the power conferred by subsection (1) above in respect of a summary offence, the magistrates’ court shall give the Crown Court and the person who is committed for trial a notice stating which of the offences triable either way appears to the court to arise out of circumstances which are the same as or connected with those giving rise to the summary offence.

3

A magistrates’ court’s decision to exercise the power conferred by subsection (1) above shall not be subject to appeal or liable to be questioned in any court.

4

The committal of a person under this section in respect of an offence to which section 40 above applies shall not preclude the exercise in relation to the offence of the power conferred by that section; but where he is tried on indictment for such an offence, the functions of the Crown Court under this section in relation to the offence shall cease.

5

If he is convicted on the indictment, the Crown Court shall consider whether the conditions specified in subsection (1) above were satisfied.

6

If it considers that they were satisfied, it shall state to him the substance of the summary offence and ask him whether he pleads guilty or not guilty.

C17

If he pleads guilty, the Crown Court shall convict him, but may deal with him in respect of that offence only in a manner in which a magistrates’ court could have dealt with him.

8

If he does not plead guilty, the powers of the Crown Court shall cease in respect of the offence except as provided by subsection (9) below.

9

If the prosecution inform the Court that they would not desire to submit evidence on the charge relating to the summary offence, the Court shall dismiss it.

10

The Crown Court shall inform the clerk of the magistrates’ court of the outcome of any proceedings under this section.

11

Where the Court of Appeal allows an appeal against conviction of an offence triable either way which arose out of circumstances which were the same as or connected with those giving rise to a summary offence of which the appellant was convicted under this section—

a

it shall set aside his conviction of the summary offence and give the clerk of the magistrates’ court notice that it has done so; and

b

it may direct that no further proceedings in relation to the offence are to be undertaken;

and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.

12

A notice under subsection (11) above shall include particulars of any direction given under paragraph (b) of that subsection in relation to the offence.

13

The references to the clerk of the magistrates’ court in this section are to be construed in accordance with section 141 of the M2Magistrates’ Courts Act 1980.