Criminal Justice Act 1991

Valid from 01/10/1992

25 Committals for sentence.E+W

(1)For section 38 of the 1980 Act there shall be substituted the following section—

“38 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 other 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.”

(2)In Schedule 3 to the 1980 Act, paragraph 5 (provisions relating to committal to Crown Court for sentence not to apply to a corporation) shall cease to have effect.

Valid from 01/10/1992

27 Treatment of offenders under 1983 Act.E+W

(1)After section 39 of the 1983 Act there shall be inserted the following section—

“39A Information to facilitate guardianship orders.

Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—

(a)to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and

(b)if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;

and that authority shall comply with any such request.”

(2)After section 54 of that Act there shall be inserted the following section—

“54A Reduction of period for making hospital orders.

(1)The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above.

(2)An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient.”

(3)In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.