Part I U.K. Powers of Courts to Deal with Offenders

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Miscellaneous Powers E+W

42 Power of Crown Court on committal for sentence. E+W

Where an offender is committed by a magistrates’ court for sentence under [F1 section 38 [F2 or 38A] of the Magistrates’ Courts Act 1980]. . ., the Crown Court shall enquire into the circumstances of the case and shall have power to deal with the offender in any manner in which it could deal with him if he had just been convicted of the offence on indictment before the court.

[F3 (2) Where an offender is committed by a magistrates’ court for sentence under section 37 of the Magistrates’ Courts Act 1980 (committal for sentence of offender aged 15 or 16 convicted of indictable offences), the Crown Court shall enquire into the circumstances of the case and shall have power—

(a) F4 . . ., to sentence him to a term of youth custody not exceeding the maximum term of imprisonment for the offence on conviction on indictment; or

(b) to deal with him in any manner in which the magistrates’ court might have dealt with him.]

Textual Amendments

F1 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 121

F2 Words in s. 42(1) inserted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4 para. 8(4); S.I. 1997/2200, art. 2(2)(d).

F3 S. 42(2) is inserted as subsection (2) of section 42 by virtue of the Criminal Justice Act 1982 (c. 48), Sch. 14 para. 34

F4 Words in s. 42(2)(a) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C2 S. 42 excluded (1.10.1997) by 1980 c. 43, s. 38A(4) (as inserted by 1997 c. 43, s.51; S.I. 1997/2200, art. 2(1)(k)).