(1)This section applies where—
(a)a person aged under 18 appears or is brought before a magistrates' court (“the court”) on an information charging him with an offence mentioned in subsection (1) of section 91 below (“the offence”);
(b)he or his representative indicates under section 24A or (as the case may be) 24B of the Magistrates' Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that he would plead guilty if the offence were to proceed to trial; and
(c)proceeding as if section 9(1) of that Act were complied with and he pleaded guilty under it, the court convicts him of the offence.
(2)If the court is of the opinion that—
(a)the offence; or
(b)the combination of the offence and one or more offences associated with it,
was such that the Crown Court should, in the court’s opinion, have power to deal with the offender as if the provisions of section 91(3) below applied, the court may commit him in custody or on bail to the Crown Court for sentence in accordance with section 5A(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.]
Textual Amendments
F1Ss. 3A-3C inserted (4.4.2005 for the purpose of the insertion of s. 3C) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 23; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(b) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))