Magistrates' Courts Act 1980

37 Committal to Crown Court with a view to borstal sentence

(1) Where a person is convicted by a magistrates' court of an offence punishable on summary conviction with imprisonment, then, if on the day of the conviction he is not less than 15 but under 21 years old and is a person who under section 1(2) and (4) of the [1961 c. 39.] Criminal Justice Act 1961 may be committed for a sentence of borstal training, the court may commit him in custody or on bail to the Crown Court for sentence in accordance with the provisions of section 20 of the [1948 c. 58.] Criminal Justice Act 1948.

(2) A person committed in custody under subsection (1) above shall be committed—

(a) if the court has been notified by the Secretary of State that a remand centre is available for the reception, from that court, of persons of the class or description of the person committed, to a remand centre ;

(b) if the court has not been so notified, to a prison.