(1)Subject to subsection (4) below, this section applies where on the summary trial of an offence triable either way a person aged 18 or over is convicted of the offence.
(2)If the court is of the opinion—
(a)that the offence or the combination of the offence and one or more offences associated with it was so serious that [F1the Crown Court should, in the court's opinion, have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment], F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 5(1) below.
(3)Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates’ court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.
(4)This section does not apply in relation to an offence as regards which this section is excluded by section [F317D or] 33 of the M1Magistrates’ Courts Act 1980 (certain offences where value involved is small).
(5)The preceding provisions of this section shall apply in relation to a corporation as if—
(a)the corporation were an individual aged 18 or over; and
(b)in subsection (2) above, F4... the words “in custody or on bail” were omitted.
Textual Amendments
F1Words in s. 3(2)(a) substituted by 2003 c. 44 Sch. 3 para. 22A(2)(a) (as inserted) (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8
F2S. 3(2)(b) and the word immediately preceding it omitted by virtue of 2003 c. 44 Sch. 3 para. 22A(2)(b) (as inserted) (8.5.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8
F3Words in s. 3(4) inserted by 2003 c. 44 Sch. 3 para. 22A(3) (as inserted) (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8
F4Words in s. 3(5)(b) omitted by virtue of by 2003 c. 44 Sch. 3 para. 22A(4) (as inserted) (8.5.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 8
Marginal Citations