Sentencing (Pre-consolidation Amendments) Act 2020

14 (1) Section 8 (power and duty to remit young offenders to youth courts for sentence) is amended as follows.

(2) In subsection (2)—

(a) for “remit the case” substitute “remit the offender”;

(b) in paragraph (a), for “where he was sent” substitute “where the magistrates’ court sat which sent the offender”.

(3) In subsection (3)—

(a) for “a case” substitute “an offender”;

(b) for “the offender shall be brought before a youth court accordingly, and that court” substitute “the youth court before which the offender appears or is brought”.

(4) In subsection (4)—

(a) for “remitting a case” substitute “remitting an offender”;

(b) in paragraph (a), after “may” insert “in the case of the Crown Court” and after “he can” insert “appear or”;

(c) in paragraph (b), for “cause to be transmitted” substitute “provide”;

(d) in paragraph (b)(ii), for “the case” substitute “the offender”.

(5) After subsection (4) insert—

“(4A) A magistrates’ court which remits an offender to a youth court under subsection (2) above must adjourn proceedings in relation to the offence; and section 128 of the Magistrates’ Courts Act 1980 (remand in custody or on bail) and all other enactments, whenever passed, relating to remand or the granting of bail in criminal proceedings are to have effect, in relation to the magistrates’ court’s power or duty to remand the offender on that adjournment, as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the youth court to which the offender is being remitted.

(4B) For the purposes of subsection (4A) “enactment” and “bail in criminal proceedings” have the meanings given by section 10(8).”

(6) In subsection (5)—

(a) for “a case” substitute “an offender”;

(b) after “but” insert “(if the offender is remitted by the Crown Court)”;

(c) for “the case” substitute “the offender”;

(d) at the end insert—

“(This is without prejudice to any right of appeal which the offender may have against any order made in respect of the offence by that court, where the offender is remitted to it by a magistrates’ court.)”

(7) In subsection (6)—

(a) for “case”, in the first place it occurs, substitute “offender”;

(b) at the end, insert “(in which event the court may, but need not, so remit the offender)”.

(8) In subsection (7) for “case”, in the second place it occurs, substitute “offender”.