Criminal Justice Act 1967

Miscellaneous E+W

56 Committal for sentence for offences tried summarily. E+W

[F1 (1) Where a magistrates’ court (“the committing court”) commits a person in custody or on bail to the Crown Court under any enactment to which this section applies to be sentenced or otherwise dealt with in respect of an offence (“the relevant offence”), the committing court—

(a) if the relevant offence is an [F2 indictable offence], may also commit him, 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); or

(b) if the relevant offence is a summary offence, may commit him, as aforesaid, to the Crown Court to be dealt with in respect of—

(i) any other offence of which the committing court has convicted him, being either an offence punishable with imprisonment or an offence in respect of which the committing court has a power or duty to order him to be disqualified under [F3 [F4 section 34, 35 or 36] of the Road Traffic Offenders Act 1988] (disqualification for certain motoring offences); or

(ii) any suspended sentence in respect of which the committing court has under section 24(1) of the M1 Powers of Criminal Courts Act 1973 power to deal with him.]

(2) The enactments to which this section applies are the M2 Vagrancy Act 1824 (incorrigible rogues), [F5 [F6 [F7 sections 38 and 38A] of the Magistrates’ Courts Act 1980] (committal for sentence) [F8 section 40(3)(b) of the M3 Criminal Justice Act 1991 (committal for sentence for offence committed during currency of original sentence)][F9 section 1B(5) of the M4 Powers of Criminal Courts Act 1973 (conditionally discharged person convicted of further offence) and section 24(2) of that Act (offender convicted during operational period of suspended sentence).]]

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[F12 (5) Where under subsection (1) above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of an offence, the Crown Court may after inquiring into the circumstances of the case deal with him in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.

(5A) Subsection (5) above does not apply where under subsection (1) above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of a suspended sentence, but in such a case the powers under section 23 of the M5 Powers of Criminal Courts Act 1973 (power of court to deal with suspended sentence) shall be exercisable by the Crown Court.

(5B) Without prejudice to subsections (5) and (5A) above, where under subsection (1) above or any enactment to which this section applies a magistrates’ court commits a person to be dealt with by the Crown Court, any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates’ court shall not be discharged or exercised by that court but shall instead be discharged or may instead be exercised by the Crown Court.

(5C) Where under subsection (1) above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of an offence triable only on indictment in the case of an adult (being an offence which was tried summarily because of the offender’s being under 18 years of age), the Crown Court’s powers under subsection (5) above in respect of the offender after he attains the age of 18 years shall be powers to do either or both of the following—

(a) to impose a fine not exceeding £5,000;

(b) to deal with the offender in respect of the offence in any way in which the magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.

(5D) For the purposes of this section the age of an offender shall be deemed to be that which it appears to the court to be after considering any available evidence.]

F13 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(8)—(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

F16 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 56(1) substituted by Criminal Law Act 1977 (c. 45), ss. 46, 65(7)

F2 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 42(1)(2), Sch 8 para. 16

F3 Words substituted by virtue of Transport Act 1981 (c.56, SIF 107:1), s. 30, Sch. 9 Pt. II para. 25 and Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 3(a)

F4 Words in s. 56(1)(b)(i) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 2(1); S.I. 1998/2327, art. 2

F5 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), s. 56(1), Sch. 5 para. 20(b)

F6 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 67(a)

F7 Words in s. 56(2) substituted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 9(1)(a); S.I. 1999/3426, art. 3(b) (subject to saving in art. 4(5))

F8 Words in s. 56(2) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 9(1)(b); S.I. 1998/2327, art. 2

F9 Words in s. 56(2) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 2(2); S.I. 1998/2327, art. 2

F10 S. 56(3) repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 2(3), Sch. 10; S.I. 1998.2327, art. 2

F11 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F12 S. 56(5)-(5D) substituted for s. 56(5) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 2(4); S.I. 1998/2327, art. 2

F13 S. 56(6) repealed (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 9(2), Sch. 10; S.I. 1999/3426, art. 3(b)(c)(i) (subject to saving in art. 4(5))

F14 Ss. 54(4), 56(7), 95(4)(5) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F15 Ss. 51, 56(8)–(12) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F16 S. 56(13) repealed (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 2(5), Sch. 10

Modifications etc. (not altering text)

C1 S. 56 extended (30.9.1998) by 1980 c. 38, s. 38(2A) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 29(2); S.I. 1998/2327, art. 2)

S. 56 extended (30.9.1998) by 1980 c. 38, s. 38A(5A) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 30(2); S.I. 1998/2327, art. 2)

Marginal Citations

M1 1973 c. 62.

M2 1824 c. 83.

M3 1991 c.53.

M4 1973 c.62.

M5 1973 c.62.

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W

Textual Amendments

F17 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 S. 58 repealed by Immigration Act 1971 (c. 77), Sch. 6