Part 2

Confiscation: England and Wales

Committal

Committal by magistrates' court
70
1
This section applies if—
a
a defendant is convicted of an offence by a magistrates' court, and
b
the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 6.
2
In such a case the magistrates' court—
a
must commit the defendant to the Crown Court in respect of the offence, and
b
may commit him to the Crown Court in respect of any other offence falling within subsection (3).
3
An offence falls within this subsection if—
a
the defendant has been convicted of it by the magistrates' court or any other court, and
b
the magistrates' court has power to deal with him in respect of it.
4
If a committal is made under this section in respect of an offence or offences—
a
section 6 applies accordingly, and
b
the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 71.
5
If a committal is made under this section in respect of an offence for which (apart from this section) the magistrates' court could have committed the defendant for sentence under section 3(2) of the Sentencing Act (offences triable either way) the court must state whether it would have done so.
6
A committal under this section may be in custody or on bail.