Magistrates’ Courts Act 1980

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

(1) Where a person under [F1 the age of l8 years] appears or is brought before a magistrates’ court on an information charging him with an indictable offence other than [F2 one falling within subsection (1B) below] , he shall be tried summarily unless—

(a) F3 . . . the offence is such as is mentioned in [F4 subsection (1) or (2) of section 91 of the M1 Powers of Criminal Courts (Sentencing) Act 2000] (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 [F5 subsection (3) of that section]; or

(b) he is charged jointly with a person who has attained [F1 the age of 18 years] 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.

[F6 (1A) Where a magistrates’ court—

(a) commits a person under the age of 18 for trial for an offence [F7 falling within subsection (1B) below] ; or

(b) in a case falling within subsection (1)(a) above, commits such a person for trial for an offence,

the court may also commit him for trial for any other indictable offence with which he is charged at the same time if the charges for both offences could be joined in the same indictment.]

[F8 (1B) An offence falls within this subsection if—

(a) it is an offence of homicide; F9 . . .

(b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—

(i) the offence; and

(ii) the person charged with it,

if he were convicted of the offence.][F10 or

(c) section 29(3) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.]

(2) Where, in a case falling within subsection (1)(b) above, a magistrates’ court commits a person under [F1 the age of 18 years] 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 [F11 the charges for both offences could be joined in the same indictment].

(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 [F12 £1000] or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for [F13 section 89(1) of the said Act of 2000][F14 , 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 “ [F15 £1000]” there were substituted the words “ [F16 £250]”; F17 . . ..

Textual Amendments

F1 Words in s. 24 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68(d), 101(1), Sch. 8 para. 6(1)(a), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F2 Words in s. 24(1) substituted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 42(2)(a), 336; S.I. 2004/81, art. 3(2)(a)

F3 Words in s. 24(1)(a) repealed (9.1.1995) by 1994 c. 33, s. 168(2)(3), Sch. 10 para. 40, Sch. 11; S.I. 1994/3192, art. 2, Sch

F4 Words in s. 24(1)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 64(1)(2)

F5 Words in s. 24(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 40(1); S.I. 1998/2327, art. 2(1)(y)(2)(n)

F6 S. 24(1A) inserted (30.9.1998) by 1998 c. 37, s. 47(6); S.I. 1998/2327, art. 2(1)(k)

F7 Words in s. 24(1A)(a) substituted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 42(2)(b), 336; S.I. 2004/81, art. 3(2)(a)

F8 S. 24(1B) inserted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 42(2)(c), 336; S.I. 2004/81, art. 3(2)(a)

F9 Word in s. 24(1B)(a) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 65, 66(2), Sch. 1 para. 1, Sch. 5; S.I. 2007/858, art. 2(g)(n)(ii)

F10 S. 24(1B)(c) and word inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 2006 c. 38), ss. 49, 66(2), Sch. 1 para. 1; S.I. 2007/858, art. 2(g)(n)(ii)

F11 Words in s. 24(2) substituted (4.1.1999 for the purpose of sending any person for trial under s. 51 of the substituting Act from any area specified in S.I. 1998/2327, Sch. 2 (as amended by S.I. 1998/2412 and S.I. 2000/924) otherwise 15.1.2001) by 1998 c. 37, ss. 119, 121(2), Sch. 8 para. 40(2); S.I. 1998/2327, art. 4(2)(c), Sch. 2; S.I. 2000/3283, art. 2(c) (subject to art. 3)

F12 Word in s. 24(3) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(2)(a), 101(1), Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F13 Words in s. 24(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 64(1)(3)

F14 Words substituted by Criminal Justice Act 1982 ( c. 48, SIF 39:1), s. 77, Sch. 14 para. 47

F15 Word in s. 24(4) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(2)(a), 101(1), Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F16 Word in s. 24(4) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(2)(b), 101(1), Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F17 Words in s. 24(4) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2

Marginal Citations

M1 2000 c. 6.