Part I POWERS EXERCISABLE BEFORE SENTENCE
Committal to Crown Court for sentence
6 Committal for sentence in certain cases where offender committed in respect of another offence.
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 M1Road Traffic Offenders Act 1988 (disqualification for certain motoring offences); or
b
any suspended sentence in respect of which the committing court has under section 120(1) below power to deal with him.
4
The enactments referred to in subsection (1) above are—
a
the M2Vagrancy Act 1824 (incorrigible rogues);
b
sections 3 and 4 above (committal for sentence for offences triable either way);
c
section 13(5) below (conditionally discharged person convicted of further offence);
d
section 116(3)(b) below (offender convicted of offence committed during currency of original sentence); and
e
section 120(2) below (offender convicted during operational period of suspended sentence).