Valid from 04/04/2005
23After section 3 there is inserted—
“3ACommittal for sentence of dangerous adult offenders
“3A(1)This section applies where on the summary trial of a specified offence triable either way a person aged 18 or over is convicted of the offence.
(2)If, in relation to the offence, it appears to the court that the criteria for the imposition of a sentence under section 225(3) or 227(2) of the Criminal Justice Act 2003 would be met, the court must 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)In reaching any decision under or taking any step contemplated by this section—
(a)the court shall not be bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable); and
(b)nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is not consistent with an indication of sentence.
(5)Nothing in this section shall prevent the court from committing a specified offence to the Crown Court for sentence under section 3 above if the provisions of that section are satisfied.
(6)In this section, references to a specified offence are to a specified offence within the meaning of section 224 of the Criminal Justice Act 2003.
3BCommittal for sentence on indication of guilty plea by child or young person
3B(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.
3CCommittal for sentence of dangerous young offenders
3C(1)This section applies where on the summary trial of a specified offence a person aged under 18 is convicted of the offence.
(2)If, in relation to the offence, it appears to the court that the criteria for the imposition of a sentence under section 226(3) or 228(2) of the Criminal Justice Act 2003 would be met, the court must commit the offender 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.
(4)Nothing in this section shall prevent the court from committing a specified offence to the Crown Court for sentence under section 3B above if the provisions of that section are satisfied.
(5)In this section, references to a specified offence are to a specified offence within the meaning of section 224 of the Criminal Justice Act 2003.”
Commencement Information
I1Sch. 3 para. 23 partly in force; Sch. 3 para. 23 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 23 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 29 (subject to art. 2(2), Sch. 2); Sch. 3 para. 23 in force at 18.6.2012 for specified purposes by 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)