Part 2Confiscation: England and Wales

Committal

70 Committal by magistrates’ court

(1)

This section applies if—

(a)

a defendant is convicted of an offence by a magistrates’ court, and

(b)

the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 6.

(2)

In such a case the magistrates’ court—

(a)

must commit the defendant to the Crown Court in respect of the offence, and

(b)

may commit him to the Crown Court in respect of any other offence falling within subsection (3).

(3)

An offence falls within this subsection if—

(a)

the defendant has been convicted of it by the magistrates’ court or any other court, and

(b)

the magistrates’ court has power to deal with him in respect of it.

(4)

If a committal is made under this section in respect of an offence or offences—

(a)

section 6 applies accordingly, and

(b)

the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 71.

(5)

If a committal is made under this section in respect of an offence for which (apart from this section) the magistrates’ court could have committed the defendant for sentence under section 3(2) of the Sentencing Act (offences triable either way) F1or under section 3B(2) of that Act (committal of child or young person) the court must state whether it would have done so.

(6)

A committal under this section may be in custody or on bail.

71 Sentencing by Crown Court

(1)

If a defendant is committed to the Crown Court under section 70 in respect of an offence or offences, this section applies (whether or not the court proceeds under section 6).

(2)

In the case of an offence in respect of which the magistrates’ court has stated under section 70(5) that it would have committed the defendant for sentence, the Crown Court—

(a)

must inquire into the circumstances of the case, and

(b)

may deal with the defendant in any way in which it could deal with him if he had just been convicted of the offence on indictment before it.

(3)

In the case of any other offence the Crown Court—

(a)

must inquire into the circumstances of the case, and

(b)

may deal with the defendant in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.