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Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    204

 

programme corresponding to those of the editor of a

newspaper.

              (2)             A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

              (3)             Proceedings for an offence under this section shall not, in England

5

and Wales, be instituted otherwise than by or with the consent of the

Attorney General.

              (4)                                             Proceedings for an offence under this section shall not, in Northern

Ireland, be instituted otherwise than by or with the consent of the

Attorney General for Northern Ireland.

10

              (5)             Subsection (11) of section 52A above applies for the purposes of this

section as it applies for the purposes of that section.”.

          (2)      In section 121 (short title, commencement and extent)—

              (a)             in subsection (6), after paragraph (b) there is inserted—

                           “(bb)                             sections 52A and 52B;”,

15

              (b)             in subsection (8), after “(5) above,” there is inserted “sections 52A and

52B above,”.

  20      (1)      Schedule 3 (procedure where persons are sent for trial under section 51 of

the Crime and Disorder Act 1998) is amended as follows.

          (2)      In paragraph 1(1), after “51” there is inserted “or 51A”.

20

          (3)      In paragraph 2, sub-paragraphs (4) and (5) are omitted.

          (4)      In paragraph 7—

              (a)             in sub-paragraph (1)(a), after “51” there is inserted “or 51A”,

              (b)             in sub-paragraph (1)(b), for “offence that is triable only on

indictment” there is substituted “main offence”,

25

              (c)             in sub-paragraph (7), for “consider” there is substituted “decide”,

              (d)             after sub-paragraph (8) there is inserted—

                 “(9)                                               In this paragraph, a “main offence” is—

                             (a)                            an offence for which the person has been sent to the

Crown Court for trial under section 51(1) of this

30

Act; or

                             (b)                            an offence—

                                   (i)                                   for which the person has been sent to the

Crown Court for trial under subsection (5)

of section 51 or subsection (6) of section 51A

35

of this Act (“the applicable subsection”);

and

                                   (ii)                                  in respect of which the conditions for

sending him to the Crown Court for trial

under the applicable subsection (as set out

40

in paragraphs (a) to (c) of section 51(5) or

paragraphs (a) and (b) of section 51A(6))

continue to be satisfied.”

          (5)      In paragraph 8—

              (a)             in sub-paragraph (1)(a), after “51” there is inserted “or 51A”,

45

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    205

 

              (b)             in sub-paragraph (1)(b), for “offence that is triable only on

indictment” there is substituted “main offence (within the meaning

of paragraph 7 above)”,

              (c)             in sub-paragraph (2)(d), for “consider” there is substituted “decide”.

          (6)      In paragraph 9—

5

              (a)             in sub-paragraph (1), for “consider” there is substituted “decide”,

              (b)             for sub-paragraphs (2) and (3), there is substituted—

                 “(2)                                               Before deciding the question, the court—

                             (a)                                                           shall give the prosecution an opportunity to inform

the court of the accused’s previous convictions (if

10

any); and

                             (b)                                                           shall give the prosecution and the accused an

opportunity to make representations as to whether

summary trial or trial on indictment would be

more suitable.

15

                 (3)                                               In deciding the question, the court shall consider—

                             (a)                                                           whether the sentence which a magistrates’ court

would have power to impose for the offence would

be adequate; and

                             (b)                                                           any representations made by the prosecution or the

20

accused under sub-paragraph (2)(b) above,

                                                                and shall have regard to any allocation guidelines (or

revised allocation guidelines) issued as definitive

guidelines under section 152 of the Criminal Justice Act

2003.

25

                 (4)                                               Where—

                             (a)                                                           the accused is charged on the same occasion with

two or more offences; and

                             (b)                            it appears to the court that they constitute or form

part of a series of two or more offences of the same

30

or a similar character;

                                                                sub-paragraph (3)(a) above shall have effect as if references

to the sentence which a magistrates’ court would have

power to impose for the offence were a reference to the

maximum aggregate sentence which a magistrates’ court

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would have power to impose for all of the offences taken

together.

                 (5)                                               In this paragraph any reference to a previous conviction is

a reference to—

                             (a)                            a previous conviction by a court in the United

40

Kingdom, or

                             (b)                                                           a previous finding of guilt in—

                                   (i)                                   any proceedings under the Army Act 1955,

the Air Force Act 1955 or the Naval

Discipline Act 1957 (whether before a court-

45

martial or any other court or person

authorised under any of those Acts to

award a punishment in respect of any

offence), or

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    206

 

                                   (ii)                                  any proceedings before a Standing Civilian

Court.

          (7)      In paragraph 10—

              (a)             for sub-paragraph (2), there is substituted—

                 “(2)                                               The court shall explain to the accused in ordinary

5

language—

                             (a)                            that it appears to the court more suitable for him to

be tried summarily for the offence;

                             (b)                            that he can either consent to be so tried or, if he

wishes, be tried on indictment; and

10

                             (c)                            in the case of a specified offence (within the

meaning of section 206 of the Criminal Justice Act

2003), that if he is tried summarily and is convicted

by the court, he may be committed for sentence to

the Crown Court under section 3A of the Powers of

15

Criminal Courts (Sentencing) Act 2000 if the

committing court is of such opinion as is

mentioned in subsection (2) of that section.”

              (b)             in sub-paragraph (3), for “by a jury” there is substituted “on

indictment”.

20

          (8)      In paragraph 11, in sub-paragraph (a), for “by a jury” there is substituted “on

indictment”.

          (9)      Paragraph 12 shall cease to have effect.

          (10)     In paragraph 13—

              (a)             in sub-paragraph (1)(a), after “51” there is inserted “or 51A”,

25

              (b)             in sub-paragraph (1)(b), for “offence that is triable only on

indictment” there is substituted “main offence”,

              (c)             in sub-paragraph (2), the words from “unless” to the end are omitted,

              (d)             for sub-paragraph (3) there is substituted—

                 “(3)                                               In this paragraph, a “main offence” is—

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                             (a)                            an offence for which the child or young person has

been sent to the Crown Court for trial under section

51A(2) of this Act; or

                             (b)                            an offence—

                                   (i)                                   for which the child or young person has

35

been sent to the Crown Court for trial under

subsection (7) of section 51 of this Act; and

                                   (ii)                                  in respect of which the conditions for

sending him to the Crown Court for trial

under that subsection (as set out in

40

paragraphs (a) and (b) of that subsection)

continue to be satisfied.”

          (11)     In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered”

there is substituted “decided”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

45

  21       The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    207

 

  22       For section 3 (committal for sentence on summary trial of offence triable

either way) there is substituted—

       “3            Committal for sentence on indication of guilty plea to serious offence

triable either way

              (1)             Subject to subsection (4) below, this section applies where—

5

                    (a)                   a person aged 18 or over appears or is brought before a

magistrates’ court (“the court”) on an information charging

him with an offence triable either way (“the offence”);

                    (b)                   he or his representative indicates under section 17A or (as the

case may be) 17B of the Magistrates’ Courts Act 1980 (initial

10

procedure: accused to indicate intention as to plea), but not

section 20(7) of that Act, that he would plead guilty if the

offence were to proceed to trial; and

                    (c)                   proceeding as if section 9(1) of that Act were complied with

and he pleaded guilty under it, the court convicts him of the

15

offence.

              (2)             If the court is of the opinion that—

                    (a)                   the offence; or

                    (b)                   the combination of the offence and one or more offences

associated with it,

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                              was so serious that the Crown Court should, in the court’s opinion,

have the power to deal with the offender in any way it could deal

with him if he had been convicted on indictment, the court may

commit him in custody or on bail to the Crown Court for sentence in

accordance with section 5(1) below.

25

              (3)             Where the court commits a person under subsection (2) above,

section 6 below (which enables a magistrates’ court, where it

commits a person under this section in respect of an offence, also to

commit him to the Crown Court to be dealt with in respect of certain

other offences) shall apply accordingly.

30

              (4)             This section does not apply in relation to an offence as regards which

this section is excluded by section 17D of the Magistrates’ Courts Act

1980 (certain offences where value involved is small).

              (5)             The preceding provisions of this section shall apply in relation to a

corporation as if—

35

                    (a)                   the corporation were an individual aged 18 or over; and

                    (b)                   in subsection (2) above, the words “in custody or on bail”

were omitted.”

  23       After section 3 there is inserted—

       “3A                                    Committal for sentence of dangerous adult offenders                        

40

              (1)             This section applies where on the summary trial of a specified

offence triable either way a person aged 18 or over is convicted of the

offence.

              (2)             If, in relation to the offence, it appears to the court that the criteria for

the imposition of a sentence under section 207(3) or 209(2) of the

45

Criminal Justice Act 2003 would be met, the court must commit the

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    208

 

offender in custody or on bail to the Crown Court for sentence in

accordance with section 5(1) below.

              (3)             Where the court commits a person under subsection (2) above,

section 6 below (which enables a magistrates’ court, where it

commits a person under this section in respect of an offence, also to

5

commit him to the Crown Court to be dealt with in respect of certain

other offences) shall apply accordingly.

              (4)             In reaching any decision under or taking any step contemplated by

this section—

                    (a)                   the court shall not be bound by any indication of sentence

10

given in respect of the offence under section 20 of the

Magistrates’ Courts Act 1980 (procedure where summary

trial appears more suitable); and

                    (b)                   nothing the court does under this section may be challenged

or be the subject of any appeal in any court on the ground that

15

it is not consistent with an indication of sentence.

              (5)             Nothing in this section shall prevent the court from committing a

specified offence to the Crown Court for sentence under section 3

above if the provisions of that section are satisfied.

              (6)             In this section, references to a specified offence are to a specified

20

offence within the meaning of section 206 of the Criminal Justice Act

2003.

       3B            Committal for sentence on indication of guilty plea by child or young

person

              (1)             This section applies where—

25

                    (a)                   a person aged under 18 appears or is brought before a

magistrates’ court (“the court”) on an information charging

him with an offence mentioned in subsection (1) or (2) of

section 91 below (“the offence”);

                    (b)                   he or his representative indicates under section 24A or (as the

30

case may be) 24B of the Magistrates’ Courts Act 1980 (child or

young person to indicate intention as to plea in certain cases)

that he would plead guilty if the offence were to proceed to

trial; and

                    (c)                   proceeding as if section 9(1) of that Act were complied with

35

and he pleaded guilty under it, the court convicts him of the

offence.

              (2)             If the court is of the opinion that—

                    (a)                   the offence; or

                    (b)                   the combination of the offence and one or more offences

40

associated with it,

                              was such that the Crown Court should, in the court’s opinion, have

power to deal with the offender as if the provisions of section 91(3)

below applied, the court may commit him in custody or on bail to the

Crown Court for sentence in accordance with section 5A(1) below.

45

              (3)             Where the court commits a person under subsection (2) above,

section 6 below (which enables a magistrates’ court, where it

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    209

 

commits a person under this section in respect of an offence, also to

commit him to the Crown Court to be dealt with in respect of certain

other offences) shall apply accordingly.

       3C            Committal for sentence of dangerous young offenders

              (1)             This section applies where on the summary trial of a specified

5

offence a person aged under 18 is convicted of the offence.

              (2)             If, in relation to the offence, it appears to the court that the criteria for

the imposition of a sentence under section 208(3) or 210(2) of the

Criminal Justice Act 2003 would be met, the court must commit the

offender in custody or on bail to the Crown Court for sentence in

10

accordance with section 5A(1) below.

              (3)             Where the court commits a person under subsection (2) above,

section 6 below (which enables a magistrates’ court, where it

commits a person under this section in respect of an offence, also to

commit him to the Crown Court to be dealt with in respect of certain

15

other offences) shall apply accordingly.

              (4)             Nothing in this section shall prevent the court from committing a

specified offence to the Crown Court for sentence under section 3B

above if the provisions of that section are satisfied.

              (5)             In this section, references to a specified offence are to a specified

20

offence within the meaning of section 206 of the Criminal Justice Act

2003.”

  24      (1)      Section 4 (committal for sentence on indication of guilty plea to offence

triable either way) is amended as follows.

          (2)      For subsection (1)(b), there is substituted—

25

                    “(b)                      he or (where applicable) his representative indicates under

section 17A, 17B or 20(7) of the Magistrates’ Courts Act 1980

that he would plead guilty if the offence were to proceed to

trial; and”.

          (3)      In subsection (1)(c), for “the Magistrates’ Courts Act 1980” there is

30

substituted “that Act”.

          (4)      After subsection (1) there is inserted—

              “(1A)                But this section does not apply to an offence as regards which this

section is excluded by section 17D of that Act (certain offences where

value involved is small).”

35

          (5)      For subsection (3), there is substituted—

              “(3)                If the power conferred by subsection (2) above is not exercisable but

the court is still to determine to, or to determine whether to, send the

offender to the Crown Court for trial under section 51 or 51A of the

Crime and Disorder Act 1998 for one or more related offences—

40

                    (a)                   it shall adjourn the proceedings relating to the offence until

after it has made those determinations; and

                    (b)                   if it sends the offender to the Crown Court for trial for one or

more related offences, it may then exercise that power.”

          (6)      In subsection (4)(b), after “section 3(2)” there is inserted “or, as the case may

45

be, section 3A(2)”.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    210

 

          (7)      After subsection (7) there is inserted—

              “(8)                In reaching any decision under or taking any step contemplated by

this section—

                    (a)                   the court shall not be bound by any indication of sentence

given in respect of the offence under section 20 of the

5

Magistrates’ Courts Act 1980 (procedure where summary

trial appears more suitable); and

                    (b)                   nothing the court does under this section may be challenged

or be the subject of any appeal in any court on the ground that

it is not consistent with an indication of sentence.”

10

  25       After section 4 there is inserted—

       “4A            Committal for sentence on indication of guilty plea by child or young

person with related offences

              (1)             This section applies where—

                    (a)                   a person aged under 18 appears or brought before a

15

magistrates’ court (“the court”) on an information charging

him with an offence mentioned in subsection (1) or (2) of

section 91 below (“the offence”);

                    (b)                   he or his representative indicates under section 24A or (as the

case may be) 24B of the Magistrates’ Courts Act 1980 (child or

20

young person to indicate intention as to plea in certain cases)

that he would plead guilty if the offence were to proceed to

trial; and

                    (c)                   proceeding as if section 9(1) of that Act were complied with

and he pleaded guilty under it, the court convicts him of the

25

offence.

              (2)             If the court has sent the offender to the Crown Court for trial for one

or more related offences, that is to say one or more offences which, in

its opinion, are related to the offence, it may commit him in custody

or on bail to the Crown Court to be dealt with in respect of the

30

offence in accordance with section 5A(1) below.

              (3)             If the power conferred by subsection (2) above is not exercisable but

the court is still to determine to, or to determine whether to, send the

offender to the Crown Court for trial under section 51 or 51A of the

Crime and Disorder Act 1998 for one or more related offences—

35

                    (a)                   it shall adjourn the proceedings relating to the offence until

after it has made those determinations; and

                    (b)                   if it sends the offender to the Crown Court for trial for one or

more related offences, it may then exercise that power.

              (4)             Where the court—

40

                    (a)                   under subsection (2) above commits the offender to the

Crown Court to be dealt with in respect of the offence; and

                    (b)                   does not state that, in its opinion, it also has power so to

commit him under section 3B(2) or, as the case may be,

section 3C(2) above,

45

                              section 5A(1) below shall not apply unless he is convicted before the

Crown Court of one or more of the related offences.

 

 

 
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