Magistrates’ Courts Act 1980

24 Summary trial of information against child or young person for indictable offence. E+W

[F1 (1) Where a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an indictable offence he shall, subject to sections 51 and 51A of the Crime and Disorder Act 1998 and to sections 24A and 24B below, be tried summarily.]

[F2 (1A) [F3 Where a magistrates’ court—

(a) commits a person under the age of 18 for trial for an offence [F4 falling within subsection (1B) below] ; or

(b) in a case falling within subsection (1)(a) above, commits such a person for trial for an offence,

the court may also commit him for trial for any other indictable offence with which he is charged at the same time if the charges for both offences could be joined in the same indictment.]]

[F5 (1B) An offence falls within this subsection if—

(a) it is an offence of homicide; F6 . . .

(b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—

(i) the offence; and

(ii) the person charged with it,

if he were convicted of the offence.][F7 or

(c) section 29(3) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.]

(2) [F3 Where, in a case falling within subsection (1)(b) above, a magistrates’ court commits a person under [F8 the age of 18 years] for trial for an offence with which he is charged jointly with a person who has attained that age, the court may also commit him for trial for any other indictable offence with which he is charged at the same time (whether jointly with the person who has attained that age or not) if [F9 the charges for both offences could be joined in the same indictment].]

(3) If on trying a person summarily in pursuance of subsection (1) above the court finds him guilty, it may impose a fine of an amount not exceeding [F10 £1000] or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for [F11 section 89(1) of the said Act of 2000][F12 , it could have sentenced him to imprisonment for a term not exceeding—

(a) the maximum term of imprisonment for the offence on conviction on indictment; or

(b) six months,

whichever is the less.]

(4) In relation to a person under the age of l4 subsection (3) above shall have effect as if for the words “ [F13 £1000]” there were substituted the words “ [F14 £250]”; F15 . . ..

Textual Amendments

F1 S. 24(1) substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 9(2); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F2 S. 24(1A) inserted (30.9.1998) by 1998 c. 37, s. 47(6); S.I. 1998/2327, art. 2(1)(k)

F3 S. 24(1A)(2) omitted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by virtue of Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 9(3); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F4 Words in s. 24(1A)(a) substituted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 42(2)(b), 336; S.I. 2004/81, art. 3(2)(a)

F5 S. 24(1B) inserted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 42(2)(c), 336; S.I. 2004/81, art. 3(2)(a)

F6 Word in s. 24(1B)(a) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 65, 66(2), Sch. 1 para. 1, Sch. 5; S.I. 2007/858, art. 2(g)(n)(ii)

F7 S. 24(1B)(c) and word inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 2006 c. 38), ss. 49, 66(2), Sch. 1 para. 1; S.I. 2007/858, art. 2(g)(n)(ii)

F8 Words in s. 24 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68(d), 101(1), Sch. 8 para. 6(1)(a), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F9 Words in s. 24(2) substituted (4.1.1999 for the purpose of sending any person for trial under s. 51 of the substituting Act from any area specified in S.I. 1998/2327, Sch. 2 (as amended by S.I. 1998/2412 and S.I. 2000/924) otherwise 15.1.2001) by 1998 c. 37, ss. 119, 121(2), Sch. 8 para. 40(2); S.I. 1998/2327, art. 4(2)(c), Sch. 2; S.I. 2000/3283, art. 2(c) (subject to art. 3)

F10 Word in s. 24(3) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(2)(a), 101(1), Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F11 Words in s. 24(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 64(1)(3)

F12 Words substituted by Criminal Justice Act 1982 ( c. 48, SIF 39:1), s. 77, Sch. 14 para. 47

F13 Word in s. 24(4) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(2)(a), 101(1), Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F14 Word in s. 24(4) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(2)(b), 101(1), Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F15 Words in s. 24(4) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2