SCHEDULES

Valid from 04/04/2005

SCHEDULE 3 U.K. Allocation of cases triable either way, and sending cases to the Crown Court etc

Part 1 U.K. Principal amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

Valid from 18/06/2012

25 E+W After section 4 there is inserted—

“4A Committal for sentence on indication of guilty plea by child or young person with related offences

(1) This section applies where—

(a) a person aged under 18 appears or 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 has sent the offender to the Crown Court for trial for one or more related offences, that is to say one or more offences which, in its opinion, are related to the offence, it may commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 5A(1) below.

(3) If the power conferred by subsection (2) above is not exercisable but the court is still to determine to, or to determine whether to, send the offender to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences—

(a) it shall adjourn the proceedings relating to the offence until after it has made those determinations; and

(b) if it sends the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.

(4) Where the court—

(a) under subsection (2) above commits the offender to the Crown Court to be dealt with in respect of the offence; and

(b) does not state that, in its opinion, it also has power so to commit him under section 3B(2) or, as the case may be, section 3C(2) above,

section 5A(1) below shall not apply unless he is convicted before the Crown Court of one or more of the related offences.

(5) Where section 5A(1) below does not apply, the Crown Court may deal with the offender in respect of the offence in any way in which the magistrates' court could deal with him if it had just convicted him of the offence.

(6) 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.

(7) Section 4(7) above applies for the purposes of this section as it applies for the purposes of that section.”