PART IVMISCELLANEOUS APPLICATIONS OF THE ACT

Application of sections 16, 17 and 18 of the Act14

1

Sections 17 and 18 of the Act shall apply to proceedings in the Crown Court in respect of a person committed by a magistrates' court to that Court—

a

with a view to his being sentenced for an indictable offence in accordance with section 42 of the Powers of Criminal Courts Act 19732; or

b

with a view to his being sentenced by the Crown Court under section 6(6) or 9(3) of the Bail Act 19763 or

c

with a view to the making of a hospital order with an order restricting his discharge under Part III of the Mental Health Act 1983,

as they apply where a person is convicted in proceedings before the Crown Court.

2

Section 18 of the Act shall apply to proceedings in the Crown Court—

a

in respect of a person committed by a magistrates' court as an incorrigible rogue under section 5 of the Vagrancy Act 18244 as if he were committed for trial before the Crown Court and as if the committing court were examining justices; and

b

in respect of an appeal under section 14 of the Vagrancy Act 18245 as if the hearing of the appeal were a trial on indictment and as if the magistrates' court from which the appeal was brought were examining justices.

3

Section 18 of the Act shall apply to proceedings in a magistrates' court or the Crown Court—

a

for dealing with an offender under section 6, 8 or 10 of the Powers of Criminal Courts Act 19736 (probation orders and orders for conditional discharge);

b

under section 16 or 17 of the Powers of Criminal Courts Act 19737 (community service orders);

c

under section 23(1) or 27 of the Powers of Criminal Courts Act 19738 or section 47 of the Criminal Law Act 19779 for dealing with an offender in respect of a suspended or partially suspended sentence or for breach of a suspended sentence supervision order; or

d

under section 19(5) of the Criminal Justice Act 1982 for dealing with an offender in respect of a breach of an attendance centre order,

as if the offender had been tried in those proceedings for the offence for which the order was made or the sentence passed.

4

Section 16 of the Act shall apply to proceedings in a magistrates' court or the Crown Court in which it is alleged that an offender required to enter into a recognisance to keep the peace or be of good behaviour has failed to comply with a condition of that recognisance, as if that failure were an indictable offence.