Magistrates’ Courts Act 1980

37 Committal to Crown Court with a view to borstal sentence. E+W

[F1 (1) Where a person who is not less than 15 [F2 but under [F3 18] years old] is convicted by a magistrates’ court of an offence punishable on conviction on indictment with a term of imprisonment exceeding six months, then, if the court is of opinion that he should be sentenced to a greater term of youth custody than it has power to impose, the court may [F4 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] commit him in custody or on bail to the Crown Court for sentence.

F5 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) A person committed in custody under subsection (1) above shall be committed—

(a) if the court has been notified by the Secretary of State that a remand centre is available for the reception, from that court, of persons of the class or description of the person committed, to a remand centre;

(b) if the court has not been so notified, to a prison.

Textual Amendments

F1 S. 37(1)(1A) substituted for subsection (1) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 49

F2 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 15 para. 67

F3 Words '18 years old' in s. 37(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 60(2)(a), 101(1), Sch. 12 para. 16(1); S.I. 1992/333, art. 2(2), Sch. 2

F4 Words in s. 37(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para.42; S.I. 1995/721, art. 2, Sch. AppendixA

F5 S. 37(1A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2