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Powers of Criminal Courts (Sentencing) Act 2000
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Changes over time for: Section 9
Version Superseded: 01/04/2005
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9 Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence.E+W
(1)Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time after conviction and before sentence, remit him for sentence to a magistrates’ court (other than a youth court) acting for the same petty sessions area as the youth court.
(2)Where an offender is remitted under subsection (1) above, the youth court shall adjourn proceedings in relation to the offence, and—
(a)section 128 of the M1Magistrates’ Courts Act 1980 (remand in custody or on bail) and all other enactments, whenever passed, relating to remand or the granting of bail in criminal proceedings shall have effect, in relation to the youth court’s power or duty to remand the offender on that adjournment, as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted; and
(b)subject to subsection (3) below, the court to which the offender is remitted (“the other court”) may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the youth court had taken place before the other court.
(3)Where an offender is remitted under subsection (1) above, section 8(6) above (duty of adult magistrates’ court to remit young offenders to youth court for sentence) shall not apply to the court to which he is remitted.
(4)Where an offender is remitted under subsection (1) above he shall have no right of appeal against the order of remission (but without prejudice to any right of appeal against an order made in respect of the offence by the court to which he is remitted).
(5)In this section—
(a)“enactment” includes an enactment contained in any order, regulation or other instrument having effect by virtue of an Act; and
(b)“bail in criminal proceedings” has the same meaning as in the M2Bail Act 1976.
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