Magistrates’ Courts Act 1980

[F1 38 Committal for sentence on summary trial of offence triable either way. E+W

(1) This section applies where on the summary trial of an offence triable either way (not being can offence as regards which this section is excluded by section 33 above) a person who is not less than 18 years old is convicted of the offence.

(2) If the court is of opinion—

(a) that the offence or the combination of the offence and [F2 one or more] offences associated with it was so serious that greater punishment should be inflicted for the offence than the court has power to impose; or

(b) in the case of a violent or sexual offence F3 . . ., that a [F4 custodial sentence] for a term longer than the court has power to impose is necessary to protect the public from serious harm from him,

the court may, F5 . . . commit the offender in custody or on bail to the Crown Court for sentence in accordance with the provisions of section 42 of the Powers of Criminal Courts Act 1973.

[F6 (2A) Where the court commits a person under subsection (2) above, section 56 of the M1 Criminal Justice Act 1967 (which enables a magistrates’ court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.]

(3) Paragraphs (a) and (b) of subsection (2) above shall be construed as if they were contained in Part I of the Criminal Justice Act 1991.

(4) The preceding provisions of this section shall apply in relation to a corporation as if—

(a) the corporation were an individual who is not less than 18 years old; and

(b) in subsection (2) above, paragraph (b) and the words “in custody or on bail" were omitted.]

Textual Amendments

F1 S.38 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 25(1) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F2 Words in s. 38(2)(a) substituted (16.8.1993) by 1993 c. 36, s. 66(8); S.I. 1993/1968, art. 2(1), Sch. 1

F3 Words in s. 38(2)(b) repealed (3.2.1995) by 1994 c. 33, s. 168(1)(3), Sch. 9 para. 15(a), Sch. 11; S.I. 1995/127, art. 2(1), Sch. 1 Appendices A, C

F4 Words in s. 38(2)(b) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 15(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F5 Words in s. 38(2) repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 29(1), Sch.10; S.I. 1998/2327, art. 2(1)(w)(aa)(3)(o)

F6 S. 38(2A) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 29(2); S.I. 1998/2327, art. 2(1)(w)

Marginal Citations

M1 1967 c.80.