Part I Criminal Jurisdiction and Procedure
Powers in respect of offenders
38F1 Committal for sentence on summary trial of offence triable either way.
1
This section applies where on the summary trial of an offence triable either way (not being can offence as regards which this section is excluded by section 33 above) a person who is not less than 18 years old is convicted of the offence.
2
If the court is of opinion—
a
that the offence or the combination of the offence and F2one or more offences associated with it was so serious that greater punishment should be inflicted for the offence than the court has power to impose; or
b
in the case of a violent or sexual offence committed by a person who is not less than 21 years old, that a sentence of imprisonment for a term longer than the court has power to impose is necessary to protect the public from serious harm from him,
the court may, in accordance with section 56 of the Criminal Justice Act 1967, commit the offender in custody or on bail to the Crown Court for sentence in accordance with the provisions of section 42 of the Powers of Criminal Courts Act 1973.
3
Paragraphs (a) and (b) of subsection (2) above shall be construed as if they were contained in Part I of the Criminal Justice Act 1991.
4
The preceding provisions of this section shall apply in relation to a corporation as if—
a
the corporation were an individual who is not less than 18 years old; and
b
in subsection (2) above, paragraph (b) and the words “in custody or on bail" were omitted.