The Criminal Procedure (Amendment) Rules 2022

Amendments to the Criminal Procedure Rules

9.  In Part 28 (Sentencing procedures in special cases)—

(a) for the heading to the Part substitute “Sentencing procedures in special cases and on committal for sentence, etc.”;

(b) in rule 28.10 (Information to be supplied on committal for sentence, etc.)—

(i) at the end of paragraph (2)(a)(vii) omit “and”,

(ii) at the end of paragraph (2)(a)(viii) insert “and”,

(iii) after paragraph (2)(a)(viii) insert—

“(ix) statement by the court for the purposes of section 70(5) of the Proceeds of Crime Act 2002(1);”, and

(iv) for sub-paragraphs (a) and (b) of the first paragraph of the note to the rule substitute—

“(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 28.12 (Sentencing, etc. after committal to the Crown Court) (the note to rule 28.12 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(2) and section 28 of the Sentencing Act 2020(3);”;

(c) after rule 28.11 (Application to review sentence because of assistance given or withheld) insert—

“Sentencing, etc. after committal to the Crown Court

28.12.— (1) This rule applies where a magistrates’ court commits the defendant to the Crown Court—

(a) for sentence; or

(b) to be dealt with under other powers available to the Crown Court after a defendant’s conviction.

(2) Rule 25.16 (Trial and sentence in the Crown Court; Procedure if the court convicts) applies as if the defendant had been convicted in the Crown Court.

(3) As well as supplying the information required for sentencing purposes by rule 25.16(3), the prosecutor must identify any offence in respect of which the Crown Court cannot deal with the defendant in a way in which it could have done if the defendant had been convicted in the Crown Court, including—

(a) an offence—

(i) committed for sentence under section 18 or 19, as the case may be, of the Sentencing Act 2020(4), and

(ii) in respect of which the magistrates’ court did not state the opinion to which section 18(4) or 19(3) of that Act refers;

(b) an offence committed for sentence under section 20 of the 2020 Act; and

(c) an offence—

(i) committed to the Crown Court under section 70 of the Proceeds of Crime Act 2002, and

(ii) in respect of which the magistrates’ court did not make the statement to which section 70(5) of that Act refers.

[Note. A magistrates’ court may commit a convicted defendant to the Crown Court for sentence under—

(a) section 14 of the Sentencing Act 2020 (Committal for sentence on summary trial of offence triable either way: adults and corporations) where the defendant is over 18 or is a corporation, the offence is one triable either way and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was so serious that the Crown Court should have the power to deal with the defendant in any way that that court could have done if the defendant had been convicted there;

(b) section 16 of the 2020 Act (Committal for sentence of young offenders on summary trial of certain serious offences) where the defendant is under 18, the offence of which the defendant has been convicted is one to which section 16 refers (offences punishable with imprisonment for 14 years or more and certain sexual offences), and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was such that the Crown Court should have the power to impose a sentence of detention under section 250 of the Act;

(c) section 16A of the 2020 Act(5) (Committal for sentence of young offenders on summary trial of certain terrorist offences) where the defendant is under 18, the offence of which the defendant has been convicted is one within section 252A of the Act(6) (terrorism offences attracting special sentence for offenders of particular concern) and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was such that the Crown Court should have the power to impose a sentence of detention for more than 2 years under section 252A;

(d) section 18 of the 2020 Act (Committal for sentence on indication of guilty plea to offence triable either way: adult offenders) where the defendant is over 18 and the court has sent the defendant to the Crown Court for trial for a related offence;

(e) section 19 of the 2020 Act (Committal for sentence on indication of guilty plea by child with related offences) where the defendant is under 18, the court has sent the defendant to the Crown Court for trial for a related offence, and the offence of which the defendant has been convicted is one to which section 19 refers (offences punishable with imprisonment for 14 years or more and certain sexual offences); or

(f) section 20 of the 2020 Act (Committal in certain cases where offender committed in respect of another offence) where the court commits the defendant to the Crown Court for sentence for an offence under any of sections 14 to 19 of the Act, or under one of the other provisions to which section 20 refers, and—

(i) if that offence is an indictable offence, then the court may also commit the defendant for sentence for any other offence, or

(ii) if that offence is a summary offence, then the court may also commit the defendant for sentence for any other offence of which the court itself has convicted the defendant and which is punishable with imprisonment or disqualification from driving, and for any suspended sentence with which the committing court could deal.

A magistrates’ court must commit a convicted defendant to the Crown Court for sentence under—

(a) section 15 of the Sentencing Act 2020(7) (Committal for sentence of dangerous adult offenders) where the defendant is over 18, the offence of which the defendant has been convicted is one to which section 15 refers, and the court is of the opinion that an extended sentence of detention or imprisonment would be available in relation to the offence; or

(b) section 17 of the 2020 Act(8) (Committal for sentence of dangerous young offenders) where the defendant is under 18, the offence of which the defendant has been convicted is one to which section 17 refers, and the court is of the opinion that an extended sentence of detention would be available in relation to the offence.

Under sections 21 and 22 of the Sentencing Act 2020(9) (Power of Crown Court on committal for sentence of offender under section 14, 15 or 18; Power of Crown Court on committal for sentence of person under 18 under section 16, 16A, 17 or 19), where the defendant is committed for sentence under any of sections 14 to 19 of that Act the Crown Court may deal with the defendant in any way in which it could have done if the defendant had been convicted in that court, unless—

(a) the defendant was committed for sentence under section 18 or 19;

(b) the magistrates’ court did not state the opinion to which either section 18(4) or 19(3), whichever applies, refers (see also rule 9.15 (Committal for sentence for offence related to an offence sent for trial)); and

(c) the defendant is not convicted in the Crown Court of any offence for which the magistrates’ court sent the defendant for trial,

in which event the Crown Court may deal with the defendant only in a way in which the magistrates’ court could have done.

Under section 23 of the 2020 Act (Power of Crown Court on committal for sentence under section 20), where the defendant is committed for sentence under section 20 of the Act the Crown Court may deal with the defendant only in a way in which the magistrates’ court could have done except in relation to any suspended sentence committed under that section, in respect of which the Crown Court may exercise its usual powers on dealing with such a breach.

For other powers of a magistrates’ court to commit a defendant to the Crown Court for sentence or otherwise to deal with the defendant, see—

(a) the provisions listed in section 24 of the 2020 Act (Further powers to commit offender to the Crown Court to be dealt with); and

(b) paragraph 11(2) of Schedule 16 to the 2020 Act, under which a magistrates’ court may commit the defendant to the Crown Court to be dealt with there if the magistrates’ court convicts the defendant of an offence during the operational period of a suspended sentence order made by the Crown Court.

The provisions listed in section 24 of the 2020 Act include section 70 of the Proceeds of Crime Act 2002(10). Under that section, if a magistrates’ court commits a defendant to the Crown Court so that a confiscation order can be considered then the court also may commit the defendant to the Crown Court to be dealt with there for any other offence of which the defendant has been convicted and with which the magistrates’ court otherwise could deal. Under section 71 of the 2002 Act, the Crown Court may deal with the defendant in any way in which it could have done if the defendant had been convicted in that court, unless the magistrates’ court did not make the statement to which section 70(5) refers. See also rule 24.11(10)(e), which refers to that statement.]”; and

(d) amend the table of contents correspondingly.

(1)

2002 c. 29; section 70 was amended by section 41 of, and paragraph 75 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), section 410 of, and paragraphs 181 and 195 of Schedule 24 to, the Sentencing Act 2020 (c. 17) and section 46 of, and paragraph 19 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(2)

1980 c. 43; section 10 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 47 of the Crime and Disorder Act 1998 (c. 37).

(3)

2020 c. 17.

(4)

2020 c. 17; section 19 was amended by section 46 of, and paragraph 26 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(5)

2020 c. 17; section 16A was inserted by section 46 of, and paragraph 26 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(6)

2020 c. 17; section 252A was inserted by section 22 of the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(7)

2020 c. 17; section 15 was amended by section 46 of, and paragraph 11 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(8)

2020 c. 17; section 17 was amended by section 46 of, and paragraph 26 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(9)

2020 c. 17; section 22 was amended by section 46 of, and paragraph 26 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(10)

2002 c. 29; section 70 was amended by section 41 of, and paragraph 75 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), section 410 of, and paragraphs 181 and 195 of Schedule 24 to, the Sentencing Act 2020 (c. 17) and section 46 of, and paragraph 19 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11).