Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART I, POWERS EXERCISABLE BEFORE SENTENCE - continued
Committal to Crown Court for sentence - continued

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Committal for sentence in certain cases where offender committed in respect of another offence.     6. - (1) This section applies where a magistrates' court ("the committing court") commits a person in custody or on bail to the Crown Court under any enactment mentioned in subsection (4) below to be sentenced or otherwise dealt with in respect of an offence ("the relevant offence").
 
      (2) Where this section applies and the relevant offence is an indictable offence, the committing court may also commit the offender, in custody or on bail as the case may require, to the Crown Court to be dealt with in respect of any other offence whatsoever in respect of which the committing court has power to deal with him (being an offence of which he has been convicted by that or any other court).
 
      (3) Where this section applies and the relevant offence is a summary offence, the committing court may commit the offender, in custody or on bail as the case may require, to the Crown Court to be dealt with in respect of-
 
 
    (a) any other offence of which the committing court has convicted him, being either-
 
      (i) an offence punishable with imprisonment; or
 
      (ii) an offence in respect of which the committing court has a power or duty to order him to be disqualified under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 (disqualification for certain motoring offences); or
 
    (b) any suspended sentence in respect of which the committing court has under section 120(1) below power to deal with him.
      (4) The enactments referred to in subsection (1) above are-
 
 
    (a) the Vagrancy Act 1824 (incorrigible rogues);
 
    (b) sections 3 and 4 above (committal for sentence for offences triable either way);
 
    (c) section 13(5) below (conditionally discharged person convicted of further offence);
 
    (d) section 116(3)(b) below (offender convicted of offence committed during currency of original sentence); and
 
    (e) section 120(2) below (offender convicted during operational period of suspended sentence).
Power of Crown Court on committal for sentence under section 6.     7. - (1) Where under section 6 above a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence, the Crown Court may after inquiring into the circumstances of the case deal with him in any way in which the magistrates' court could deal with him if it had just convicted him of the offence.
 
      (2) Subsection (1) above does not apply where under section 6 above a magistrates' court commits a person to be dealt with by the Crown Court in respect of a suspended sentence, but in such a case the powers under section 119 below (power of court to deal with suspended sentence) shall be exercisable by the Crown Court.
 
      (3) Without prejudice to subsections (1) and (2) above, where under section 6 above or any enactment mentioned in subsection (4) of that section a magistrates' court commits a person to be dealt with by the Crown Court, any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court shall not be discharged or exercised by that court but shall instead be discharged or may instead be exercised by the Crown Court.
 
      (4) Where under section 6 above a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence triable only on indictment in the case of an adult (being an offence which was tried summarily because of the offender's being under 18 years of age), the Crown Court's powers under subsection (1) above in respect of the offender after he attains the age of 18 shall be powers to do either or both of the following-
 
 
    (a) to impose a fine not exceeding £5,000;
 
    (b) to 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 an offence punishable with imprisonment for a term not exceeding six months.
 
Remission for sentence: young offenders etc.
Power and duty to remit young offenders to youth courts for sentence.     8. - (1) Subsection (2) below applies where a child or young person (that is to say, any person aged under 18) is convicted by or before any court of an offence other than homicide.
 
      (2) The court may and, if it is not a youth court, shall unless satisfied that it would be undesirable to do so, remit the case-
 
 
    (a) if the offender was committed for trial or sent to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998, to a youth court acting for the place where he was committed for trial or sent to the Crown Court for trial;
 
    (b) in any other case, to a youth court acting either for the same place as the remitting court or for the place where the offender habitually resides;
  but in relation to a magistrates' court other than a youth court this subsection has effect subject to subsection (6) below.
 
      (3) Where a case is remitted under subsection (2) above, the offender shall be brought before a youth court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and convicted by that court.
 
      (4) A court by which an order remitting a case to a youth court is made under subsection (2) above-
 
 
    (a) may, subject to section 25 of the Criminal Justice and Public Order Act 1994 (restrictions on granting bail), give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before the youth court; and
 
    (b) shall cause to be transmitted to the justices' chief executive for the youth court a certificate setting out the nature of the offence and stating-
 
      (i) that the offender has been convicted of the offence; and
 
      (ii) that the case has been remitted for the purpose of being dealt with under the preceding provisions of this section.
      (5) Where a case is remitted under subsection (2) above, the offender shall have no right of appeal against the order of remission, but shall have the same right of appeal against any order of the court to which the case is remitted as if he had been convicted by that court.
 
      (6) Without prejudice to the power to remit any case to a youth court which is conferred on a magistrates' court other than a youth court by subsections (1) and (2) above, where such a magistrates' court convicts a child or young person of an offence it must exercise that power unless the case falls within subsection (7) or (8) below.
 
      (7) The case falls within this subsection if the court would, were it not so to remit the case, be required by section 16(2) below to refer the offender to a youth offender panel (in which event the court may, but need not, so remit the case).
 
      (8) The case falls within this subsection if it does not fall within subsection (7) above but the court is of the opinion that the case is one which can properly be dealt with by means of-
 
 
    (a) an order discharging the offender absolutely or conditionally, or
 
    (b) an order for the payment of a fine, or
 
    (c) an order (under section 150 below) requiring the offender's parent or guardian to enter into a recognizance to take proper care of him and exercise proper control over him,
  with or without any other order that the court has power to make when absolutely or conditionally discharging an offender.
 
      (9) In subsection (8) above "care" and "control" shall be construed in accordance with section 150(11) below.
 
      (10) A document purporting to be a copy of an order made by a court under this section shall, if it purports to be certified as a true copy by the justices' chief executive for the court, be evidence of the order.
 
 
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