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.