Magistrates’ Courts Act 1980

Valid from 01/10/1997

[F1 38A Committal for sentence on indication of guilty plea to offence triable either way. E+W

(1) This section applies where—

(a) a person who is 18 or over appears or is brought before a magistrates’ court (“the court”) on an information charging him with an offence triable either way (“the offence”);

(b) he or his representative indicates that he would plead guilty if the offence were to proceed to trial; and

(c) proceeding as if section 9(1) above was complied with and he pleaded guilty under it, the court convicts him of the offence.

(2) If the court has committed the offender to the Crown Court for trial for one or more related offences, that is to say, one or more offences which, in its opinion, are related to the offence, it may, in accordance with section 56 of the Criminal Justice Act 1967, commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with the provisions of section 42 of the Powers of Criminal Courts Act 1973.

(3) If the power conferred by subsection (2) above is not exercisable but the court is still to inquire, as examining justices, into one or more related offences—

(a) it shall adjourn the proceedings relating to the offence until after the conclusion of its inquiries; and

(b) if it commits the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.

(4) Where the court—

(a) commits the offender to the Crown Court to be dealt with in respect of the offence; and

(b) does not state that, in its opinion, it also has power so to commit him under section 38(2) above,

the provisions of section 42 of the Powers of Criminal Courts Act 1973 shall not apply unless he is convicted before the Crown Court of one or more of the related offences.

(5) Where those provisions of that section do not apply, the Crown Court shall have power to deal with the offender in respect of the offence in any manner in which the court might have dealt with him.

(6) For the purposes of this section one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.]

Textual Amendments

F1 S. 38A inserted (1.10.1997) by 1997 c. 43, s.51; S.I. 1997/2200, art.2(1)(k)