Magistrates’ Courts Act 1980

24 Summary trial of information against child or young person for indictable offence. E+W

(1) Where a person under the age of l7 appears or is brought before a magistrates’ court on an information charging him with an indictable offence other than homicide, he shall be tried summarily unless—

(a) he has attained the age of l4 and the offence is such as is mentioned in subsection (2) of section 53 of the M1 Children and Young Persons Act 1933 (under which young persons convicted on indictment of certain grave crimes may be sentenced to be detained for long periods) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of that subsection; or

(b) he is charged jointly with a person who has attained the age of 17 and the court considers it necessary in the interests of justice to commit them both for trial;

and accordingly in a case falling within paragraph (a) or (b) of this subsection the court shall commit the accused for trial if either it is of opinion that there is sufficient evidence to put him on trial or it has power under section 6(2) above so to commit him without consideration of the evidence.

(2) Where, in a case falling within subsection (1)(b) above, a magistrates’ court commits a person under the age of 17 for trial for an offence with which he is charged jointly with a person who has attained that age, the court may also commit him for trial for any other indictable offence with which he is charged at the same time (whether jointly with the person who has attained that age or not) if that other offence arises out of circumstances which are the same as or connected with those giving rise to the first-mentioned offence.

(3) If on trying a person summarily in pursuance of subsection (1) above the court finds him guilty, it may impose a fine of an amount not exceeding [F1 £400]or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for section [F2 1(1) of the Criminal Justice Act 1982, it could have sentenced him to imprisonment for a term not exceeding—

(a) the maximum term of imprisonment for the offence on conviction on indictment; or

(b) six months,

whichever is the less.]

(4) In relation to a person under the age of l4 subsection (3) above shall have effect as if for the words “£200” there were substituted the words “ [F3 £100]”; but this subsection shall cease to have effect on the coming into force of section 4 of the M2 Children and Young Persons Act 1969 (which prohibits criminal proceedings against children).

Textual Amendments

F1 “£400" substituted for “£200" by S.I. 1984/447, art. 2(1), Sch. 1

F2 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 47

F3 “£100" substituted for “£50" by S.I. 1984/447, art. 2(1), Sch. 1

Marginal Citations

M1 1933 c. 12.

M2 1969 c. 54.