The Criminal Procedure Rules 2020

[F1 Committal or remission, etc. for sentence] E+W

28.10.—(1) This rule applies where a magistrates’ court or the Crown Court [F2 (‘the transferring court’)]—

(a) commits [F3 , remits or transfers a case] to another court—

(i) for sentence, or

(ii) for the defendant to be dealt with for breach of a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by that other court;

(b) deals with a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court; or

(c) makes an order that another court is, or may be, required to enforce.

(2) Unless the [F4 transferring] court otherwise directs, the court officer must, as soon as practicable—

(a) where paragraph (1)(a) applies, [F5 make available to the other court a record] of any relevant—

(i) certificate of conviction,

(ii) magistrates’ court register entry,

(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976(1),

(iv) note of evidence,

(v) statement or other document introduced in evidence,

(vi) medical or other report,

(vii) representation order or application for such order, F6 ...

(viii) interim driving disqualification; [F7 and]

[F8 (ix) statement by the court for the purposes of section 70(5) of the Proceeds of Crime Act 2002;]

[F9 (b) where paragraph (1)(b) or (c) applies, make available to the other court the transferring court’s order; and]

(c) in every case, notify the defendant and, where the defendant is [F10 under 16, a parent or guardian], of the location of the other court.

[Note. For the circumstances in which—

[F11 (a) a magistrates’ court may (and, in some cases, must) commit the defendant to the Crown Court for sentence, see rules 9.15 (Committal for sentence of offence related to an offence sent for trial), 24.11 (Procedure if the court convicts) and [F12 28.13] (Sentencing, etc. after committal to the Crown Court) (the note to rule [F12 28.13] summarises the statutory provisions that apply);

(b) a magistrates’ court may adjourn the case to another magistrates’ court for sentence, see section 10 of the Magistrates’ Courts Act 1980 and section 28 of the Sentencing Act 2020;]

(c) a magistrates’ court or the Crown Court may (and, in some cases, must) adjourn the case to a youth court for sentence, see [F13 sections 25 and 26 of the 2020 Act];

(d) a youth court may adjourn the case to a magistrates’ court for sentence, see [F14 section 27 of the 2020 Act];

(e) a magistrates’ court may transfer a fine to be enforced to another court, see sections 89 and 90 of the 1980 Act(2).

[F15 (f) the Crown Court may remit the defendant to a magistrates’ court for sentence after committal for sentence to the Crown Court, or following a guilty plea in the Crown Court, see section 25A of the 2020 Act. Under section 25A(3) of the Act, in deciding whether to remit a defendant the Crown Court must take into account (a) any other related offence before the Crown Court (whether the same, or a different, person is accused or has been convicted of the other offence), and (b) any allocation guideline.]

For the court’s powers where it convicts a defendant who is subject to a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court, see [F16 section 10 of, and Schedules 2 and 16 to, the 2020 Act].

Under [F17 section 132 of the 2020 Act], a fine imposed or other sum ordered to be paid in the Crown Court is enforceable by a magistrates’ court specified in the order, or from which the case was committed or sent to the Crown Court.

See also [F18 sections 212(4), 298(4) and 190(4) of the 2020 Act]; and section 1A(9) of the Street Offences Act 1959(3).]

[F19 See also rule 9.16 (Sending back or referring case for magistrates’ court trial), which applies to the exercise of the Crown Court’s powers under (a) section 46ZA of the Senior Courts Act 1981 , and (b) paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998.]

Textual Amendments

F1 Rule 28.10 heading substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(i)

F2 Words in rule 28.10(1) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(ii)

F3 Words in rule 28.10(1)(a) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(iii)

F4 Word in rule 28.10(2) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(iv)

F5 Words in rule 28.10(2)(a) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(v)

F6 Word in rule 28.10(2)(a)(vii) omitted (4.4.2022) by virtue of The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 9(b)(i)

F7 Word in rule 28.10(2)(a)(viii) inserted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 9(b)(ii)

F8 Rule 28.10(2)(a)(ix) inserted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 9(b)(iii)

F9 Rule 28.10(2)(b) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(vi)

F10 Words in rule 28.10(2)(c) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(vii)

F11 Words in rule 28.10 substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 9(b)(iv)

F12 Word in rule 28.10 substituted (7.10.2024) by The Criminal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/842), rule 2, Sch. 2 para. 7(a)(ii)

F13 Words in rule 28.10 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 14(g)(iii)

F14 Words in rule 28.10 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 14(g)(iv)

F15 Words in rule 28.10 inserted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(viii)

F16 Words in rule 28.10 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 14(g)(v)

F17 Words in rule 28.10 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 14(g)(vi)

F18 Words in rule 28.10 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 14(g)(vii)

F19 Words in rule 28.10 inserted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(i), 15(a)(ix)

Commencement Information

I1 Rule 28.10 in force at 5.10.2020, see Preamble

(1)

1976 c. 63; section 5 was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45), section 60 of the Criminal Justice Act 1982 (c. 48), paragraph 1 of Schedule 3 to the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 53 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 129(1) of the Criminal Justice and Police Act 2001 (c. 16), paragraph 182 of Schedule 8 to the Courts Act 2003 (c. 39), paragraph 48 of Schedule 3, paragraphs 1 and 2 of Schedule 36, and Parts 2, 4 and 12 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) and section 208 of, and paragraphs 33 and 35 of Schedule 21 to, the Legal Services Act 2007 (c. 27).

(2)

1980 c. 43; section 89 was amended by section 47 of the Criminal Justice and Public Order Act 1994 (c. 33), paragraphs 95 and 107 of Schedule 13 to the Access to Justice Act 1999 (c. 22), paragraph 225 of Schedule 8 to the Courts Act 2003 (c. 39) and articles 46 and 49 of S.I. 2006/1737. Section 90 was amended by section 47(2) of the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 226 of Schedule 8 to the Courts Act 2003 (c. 39) and articles 46 and 50 of S.I. 2006/1737.

(3)

1959 c. 57; section 1A was inserted by section 17(1) and (3) of the Policing and Crime Act 2009 (c. 26).