Sentencing Act 2020

25 Power and duty to remit offenders aged under 18 to youth courts for sentence

(1) This section applies where a person aged under 18 is convicted by or before a court (“the convicting court”) of an offence other than homicide.

(2) If the convicting court is the Crown Court, it must remit the offender to a youth court acting for the place where the sending court sat, unless satisfied that it would be undesirable to do so.

The “sending court” is the magistrates’ court which sent the offender to the Crown Court for trial.

(3) If the convicting court is a youth court, it may remit the offender to another youth court.

(4) If the convicting court is a magistrates’ court other than a youth court—

(a) it may remit the offender to a youth court, and

(b) must do so unless subsection (5) applies.

(5) This subsection applies where the convicting court—

(a) would be required by section 85(1)(a) to make a referral order if it did not remit the offender to a youth court, or

(b) is of the opinion that the case is one which can properly be dealt with by means of—

(i) an order for absolute discharge or an order for conditional discharge,

(ii) a fine, or

(iii) an order (under section 376) requiring the offender’s parent or guardian to enter into a recognizance to take proper care of, and exercise proper control over, the offender,

with or without any other order that the court has power to make when making an order for absolute discharge or an order for conditional discharge.

(6) For the purposes of subsection (5)(b)(iii)—

(a) “care” and “control” are to be read in accordance with section 376(3) (binding over of parent or guardian), and

(b) section 404 (certain references to parent or guardian to be read as references to local authority) does not apply.

(7) Any remission of an offender under subsection (3) or (4) must be to a youth court acting for—

(a) the same place as the remitting court, or

(b) the place where the offender habitually resides.

(8) Where an offender is remitted to a youth court under this section, that court may deal with the offender in any way in which it could deal with the offender if it had convicted the offender of the offence.

(9) A court which remits an offender to a youth court under this section must provide the designated officer for the youth court with a certificate which—

(a) sets out the nature of the offence, and

(b) states—

(i) that the offender has been convicted of the offence, and

(ii) that the offender has been remitted for the purpose of being dealt with under subsection (8).

(10) A document which purports—

(a) to be a copy of an order made by a court under this section, and

(b) to be certified as a true copy by the designated officer for the court,

is to be evidence of the order.