Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART I, POWERS EXERCISABLE BEFORE SENTENCE - continued
Remission for sentence: young offenders etc. - continued

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Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence.     9. - (1) Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time after conviction and before sentence, remit him for sentence to a magistrates' court (other than a youth court) acting for the same petty sessions area as the youth court.
 
      (2) Where an offender is remitted under subsection (1) above, the youth court shall adjourn proceedings in relation to the offence, and-
 
 
    (a) section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) and all other enactments, whenever passed, relating to remand or the granting of bail in criminal proceedings shall have effect, in relation to the youth court's power or duty to remand the offender on that adjournment, as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted; and
 
    (b) subject to subsection (3) below, the court to which the offender is remitted ("the other court") may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the youth court had taken place before the other court.
      (3) Where an offender is remitted under subsection (1) above, section 8(6) above (duty of adult magistrates' court to remit young offenders to youth court for sentence) shall not apply to the court to which he is remitted.
 
      (4) Where an offender is remitted under subsection (1) above he shall have no right of appeal against the order of remission (but without prejudice to any right of appeal against an order made in respect of the offence by the court to which he is remitted).
 
      (5) In this section-
 
 
    (a) "enactment" includes an enactment contained in any order, regulation or other instrument having effect by virtue of an Act; and
 
    (b) "bail in criminal proceedings" has the same meaning as in the Bail Act 1976.
Power of magistrates' court to remit case to another magistrates' court for sentence.     10. - (1) Where a person aged 18 or over ("the offender") has been convicted by a magistrates' court ("the convicting court") of an offence to which this section applies ("the instant offence") and-
 
 
    (a) it appears to the convicting court that some other magistrates' court ("the other court") has convicted him of another such offence in respect of which the other court has neither passed sentence on him nor committed him to the Crown Court for sentence nor dealt with him in any other way, and
 
    (b) the other court consents to his being remitted under this section to the other court,
  the convicting court may remit him to the other court to be dealt with in respect of the instant offence by the other court instead of by the convicting court.
 
      (2) This section applies to-
 
 
    (a) any offence punishable with imprisonment; and
 
    (b) any offence in respect of which the convicting court has a power or duty to order the offender to be disqualified under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 (disqualification for certain motoring offences).
      (3) Where the convicting court remits the offender to the other court under this section, it shall adjourn the trial of the information charging him with the instant offence, and-
 
 
    (a) section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) and all other enactments, whenever passed, relating to remand or the granting of bail in criminal proceedings shall have effect, in relation to the convicting court's power or duty to remand the offender on that adjournment, as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted; and
 
    (b) subject to subsection (7) below, the other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the instant offence which took place before the convicting court had taken place before the other court.
      (4) The power conferred on the other court by subsection (3)(b) above includes, where applicable, the power to remit the offender under this section to another magistrates' court in respect of the instant offence.
 
      (5) Where the convicting court has remitted the offender under this section to the other court, the other court may remit him back to the convicting court; and the provisions of subsections (3) and (4) above (so far as applicable) shall apply with the necessary modifications in relation to any remission under this subsection.
 
      (6) The offender, if remitted under this section, shall have no right of appeal against the order of remission (but without prejudice to any right of appeal against any other order made in respect of the instant offence by the court to which he is remitted).
 
      (7) Nothing in this section shall preclude the convicting court from making any order which it has power to make under section 148 below (restitution orders) by virtue of the offender's conviction of the instant offence.
 
      (8) In this section-
 
 
    (a) "conviction" includes a finding under section 11(1) below (remand for medical examination) that the person in question did the act or made the omission charged, and "convicted" shall be construed accordingly;
 
    (b) "enactment" includes an enactment contained in any order, regulation or other instrument having effect by virtue of an Act; and
 
    (c) "bail in criminal proceedings" has the same meaning as in the Bail Act 1976.
 
Remand by magistrates' court for medical examination
Remand by magistrates' court for medical examination.     11. - (1) If, on the trial by a magistrates' court of an offence punishable on summary conviction with imprisonment, the court-
 
 
    (a) is satisfied that the accused did the act or made the omission charged, but
 
    (b) is of the opinion that an inquiry ought to be made into his physical or mental condition before the method of dealing with him is determined,
  the court shall adjourn the case to enable a medical examination and report to be made, and shall remand him.
 
      (2) An adjournment under subsection (1) above shall not be for more than three weeks at a time where the court remands the accused in custody, nor for more than four weeks at a time where it remands him on bail.
 
      (3) Where on an adjournment under subsection (1) above the accused is remanded on bail, the court shall impose conditions under paragraph (d) of section 3(6) of the Bail Act 1976 and the requirements imposed as conditions under that paragraph shall be or shall include requirements that the accused-
 
 
    (a) undergo medical examination by a registered medical practitioner or, where the inquiry is into his mental condition and the court so directs, two such practitioners; and
 
    (b) for that purpose attend such an institution or place, or on such practitioner, as the court directs and, where the inquiry is into his mental condition, comply with any other directions which may be given to him for that purpose by any person specified by the court or by a person of any class so specified.
 
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