5[F1 Power of Crown Court on committal for sentence under sections 3 and 4.][F1Power of Crown Court on committal for sentence under sections 3, 3A and 4]E+W
[F1(1)Where an offender is committed by a magistrates’ court for sentence under section 3 or 4 above, the Crown Court shall inquire into the circumstances of the case and may deal with the offender in any way in which it could deal with him if he had just been convicted of the offence on indictment before the court.
(2)In relation to committals under section 4 above, subsection (1) above has effect subject to section 4(4) and (5) above.]
[F1(1)Where an offender is committed by a magistrates' court for sentence under section 3, 3A or 4 above, the Crown Court shall inquire into the circumstances of the case and may deal with the offender in any way in which it could deal with him if he had just been convicted of the offence on indictment before the court.
(2)In relation to committals under section 4 above, subsection (1) above has effect subject to section 4(4) and (5) above.
(3)Section 20A(1) of the Magistrates' Courts Act 1980 (which relates to the effect of an indication of sentence under section 20 of that Act) shall not apply in respect of any specified offence (within the meaning of section 224 of the Criminal Justice Act 2003)—
(a)in respect of which the offender is committed under section 3A(2) above; or
(b)in respect of which—
(i)the offender is committed under section 4(2) above; and
(ii)the court states under section 4(4) above that, in its opinion, it also has power to commit the offender under section 3A(2) above.]
Textual Amendments
F1S. 5 substituted (18.6.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 26; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)