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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

221

 

3B      

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

person

(1)   

This section applies where—

(a)   

a person aged under 18 appears or is brought before a

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

5

him with an offence mentioned in subsection (1) 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

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

10

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

offence.

15

(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,

   

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

20

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.

(3)   

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

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

25

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

30

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 198(3) or 200(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

35

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

40

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

45

offence within the meaning of section 196 of the Criminal Justice Act

2003.”

 

 

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

222

 

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—

“(b)   

he or (where applicable) his representative indicates under

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

5

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

substituted “that Act”.

      (4)  

After subsection (1) there is inserted—

10

“(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).”

      (5)  

For subsection (3), there is substituted—

“(3)   

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

15

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—

(a)   

it shall adjourn the proceedings relating to the offence until

after it has made those determinations; and

20

(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

be, section 3A(2)”.

      (7)  

After subsection (7) there is inserted—

25

“(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

Magistrates’ Courts Act 1980 (procedure where summary

30

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.”

25         

After section 4 there is inserted—

35

“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

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

40

him with an offence mentioned in subsection (1) 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

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

45

 

 

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

223

 

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

offence.

5

(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

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

10

(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—

(a)   

it shall adjourn the proceedings relating to the offence until

15

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—

(a)   

under subsection (2) above commits the offender to the

20

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,

   

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

25

Crown Court of one or more of the related offences.

(5)   

Where section 5A(1) below does not apply, the Crown Court may

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 the offence.

30

(6)   

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.

35

(7)   

Section 4(7) above applies for the purposes of this section as it applies

for the purposes of that section.”

26         

For section 5 (power of Crown Court on committal for sentence under

sections 3 and 4) there is substituted—

“5      

Power of Crown Court on committal for sentence under sections 3, 3A

40

and 4

(1)   

Where an offender is committed by a magistrates’ court for sentence

under section 3, 3A or 4 above, the Crown Court shall inquire into the

circumstances of the case and may deal with the offender in any way

in which it could deal with him if he had just been convicted of the

45

offence on indictment before the court.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

224

 

(2)   

In relation to committals under section 4 above, subsection (1) above

has effect subject to section 4(4) and (5) above.

(3)   

Section 20A(1) of the Magistrates’ Courts Act 1980 (which relates to

the effect of an indication of sentence under section 20 of that Act)

shall not apply in respect of any specified offence (within the

5

meaning of section 196 of the Criminal Justice Act 2003)—

(a)   

in respect of which the offender is committed under section

3A(2) above; or

(b)   

in respect of which—

(i)   

the offender is committed under section 4(2) above;

10

and

(ii)   

the court states under section 4(4) above that, in its

opinion, it also has power to commit the offender

under section 3A(2) above.”

27         

After section 5 there is inserted—

15

“5A     

Power of Crown Court on committal for sentence under sections 3B,

3C and 4A

(1)   

Where an offender is committed by a magistrates’ court for sentence

under section 3B, 3C or 4A above, the Crown Court shall inquire into

the circumstances of the case and may deal with the offender in any

20

way in which it could deal with him if he had just been convicted of

the offence on indictment before the court.

(2)   

In relation to committals under section 4A above, subsection (1)

above has effect subject to section 4A(4) and (5) above.”

28         

In section 6 (committal for sentence in certain cases where offender

25

committed in respect of another offence), in subsection (4)(b), for “3 and 4”

there is substituted “3 to 4A”.

Part 2

Minor and consequential amendments

Territorial Waters Jurisdiction Act 1878 (c.73)

30

29         

In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as to

procedure), in the paragraph beginning “Proceedings before a justice of the

peace”, for the words from the beginning to “his trial” there is substituted—

   

“Any stage of proceedings—

(a)   

before the summary trial of the offence; or

35

(b)   

before the offender has been sent for trial for the offence,”.

Bankers’ Books Evidence Act 1879 (c.11)

30    (1)  

The Bankers’ Books Evidence Act 1879 is amended as follows.

      (2)  

In section 4 (proof that book is a banker’s book), the paragraph beginning

“Where the proceedings” is omitted.

40

      (3)  

In section 5 (verification of copy), the paragraph beginning “Where the

proceedings” is omitted.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

225

 

Explosive Substances Act 1883 (c.3)

31         

In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-

General, and apprehension of absconding witnesses), subsection (3) is

omitted.

Criminal Justice Act 1925 (c.86)

5

32         

In section 49 of the Criminal Justice Act 1925 (interpretation, etc), subsection

(2) is omitted.

Children and Young Persons Act 1933 (c.12)

33         

In section 42 of the Children and Young Persons Act 1933 (extension of

power to take deposition of child or young person), in subsection (2)(a), for

10

“committed” in both places there is substituted “sent”.

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

34    (1)  

Section 2 of the Administration of Justice (Miscellaneous Provisions) Act

1933 (procedure for indictment of offenders) is amended as follows.

      (2)  

In subsection (2)—

15

(a)   

in paragraph (a), for “committed” there is substituted “sent”,

(b)   

paragraphs (aa) to (ac) are omitted,

(c)   

for paragraph (i) there is substituted—

“(i)   

where the person charged has been sent for trial, the

bill of indictment against him may include, either in

20

substitution for or in addition to any count charging

an offence specified in the notice under section 57D(1)

of the Crime and Disorder Act 1998, any counts

founded on material which, in pursuance of

regulations made under paragraph 1 of Schedule 3 to

25

that Act, was served on the person charged, being

counts which may lawfully be joined in the same

indictment;”,

(d)   

paragraphs (iA) and (iB) are omitted,

(e)   

in paragraph (ii), for “the committal” there is substituted “such

30

notice”, and

(f)   

the words from “and in paragraph (iA)” to the end are omitted.

      (3)  

In subsection (3)(b), for “committed” there is substituted “sent”.

Criminal Justice Act 1948 (c.58)

35    (1)  

The Criminal Justice Act 1948 is amended as follows.

35

      (2)  

In section 27 (remand and committal of persons aged 17 to 20), in subsection

(1), for “commits him for trial or” there is substituted “sends him to the

Crown Court for trial or commits him there for”.

      (3)  

In section 41 (evidence by certificate), subsection (5A) is omitted.

      (4)  

In section 80 (interpretation), the definition of “Court of summary

40

jurisdiction” is omitted.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

226

 

Prison Act 1952 (c. 52)

36         

Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii) of

Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43),

paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection (2),

of section 43 of the Prison Act 1952 (remand centres, detention centres and

5

youth custody centres) are to have effect as if references to being committed

for trial were references to being sent for trial.

Geneva Conventions Act 1957 (c.52)

37         

In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and

custody of protected persons)—

10

(a)   

in subsection (1), for “committal” there is substituted “having been

sent”, and

(b)   

in subsection (2), for “committal”, where it first appears, there is

substituted “having been sent”.

Backing of Warrants (Republic of Ireland) Act 1965 (c.45)

15

38         

In paragraph 4 of the Schedule to the Backing of Warrants (Republic of

Ireland) Act 1965 (supplementary procedures as to proceedings under

section 2)—

(a)   

the words “and section 2 of the Poor Prisoners Defence Act 1930

(legal aid before examining justices)” are omitted, and

20

(b)   

for “it had determined not to commit for trial” there is substituted

“the offence were to be dealt with summarily and the court had

dismissed the information”.

Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)

39         

In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965

25

(issue of witness summons on application to Crown Court)—

(a)   

for subsection (4) there is substituted—

“(4)   

Where a person has been sent for trial for any offence to

which the proceedings concerned relate, an application must

be made as soon as is reasonably practicable after service on

30

that person, in pursuance of regulations made under

paragraph 1 of Schedule 3 to the Crime and Disorder Act

1998, of the documents relevant to that offence.”, and

(b)   

subsection (5) is omitted.

Criminal Justice Act 1967 (c. 80)

35

40    (1)  

The Criminal Justice Act 1967 is amended as follows.

      (2)  

In section 9 (proof by written statement), in subsection (1), the words “, other

than committal proceedings,” are omitted.

      (3)  

In section 36 (interpretation), in subsection (1), the definition of “committal

proceedings” is omitted.

40

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

227

 

Criminal Appeal Act 1968 (c. 19)

41    (1)  

The Criminal Appeal Act 1968 is amended as follows.

      (2)  

In section 1 (right of appeal), in subsection (3), for “committed him” there is

substituted “sent him to the Crown Court”.

      (3)  

In section 9 (appeal against sentence following conviction on indictment), in

5

subsection (2), the words from “section 41” to “either way offence” are

omitted.

Theft Act 1968 (c. 60)

42         

In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft

or handling stolen goods), subsection (4A) is omitted.

10

Criminal Justice Act 1972 (c. 71)

43         

In section 46 of the Criminal Justice Act 1972 (admissibility of written

statements outside England and Wales), subsections (1A) to (1C) are

omitted.

Bail Act 1976 (c.63)

15

44    (1)  

The Bail Act 1976 is amended as follows.

      (2)  

In section 3 (general provisions)—

(a)   

in subsection (8)—

(i)   

for “committed” there is substituted “sent”, and

(ii)   

after “for trial or” there is inserted “committed him on bail to

20

the Crown Court”, and

(b)   

subsections (8A) and (8B), and the subsection (10) inserted by

paragraph 12(b) of Schedule 9 to the Criminal Justice and Public

Order Act 1994 (c. 33), are omitted.

      (3)  

In section 5 (supplementary provisions about decisions on bail)—

25

(a)   

in subsection (6)(a), for “committing” there is substituted “sending”,

and

(b)   

in subsection (6A)(a)—

(i)   

for “any” there is substituted “either”, and

(ii)   

sub-paragraph (i) is omitted.

30

      (4)  

In section 6 (offence of absconding by person released on bail), in subsection

(6)(b), for “commits” there is substituted “sends”.

      (5)  

In section 9 (offence of agreeing to indemnify sureties in criminal

proceedings), in subsection (3)(b), for “commits” there is substituted

“sends”.

35

Interpretation Act 1978 (c. 30)

45         

In Schedule 1 to the Interpretation Act 1978 (words and expressions

defined)—

(a)   

in the definition of “Committed for trial”, paragraph (a) is omitted,

and

40

(b)   

after the entry for “Secretary of State” there is inserted—

 

 

 
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