SCHEDULES

SCHEDULE 7E+W+S Pre-consolidation amendments: powers of criminal courts

Criminal Justice Act 1967 (c.80)E+W

2(1)In subsection (1)(b)(i) of section 56 of the Criminal Justice Act 1967 (committal for sentence for offences tried summarily), for the words from “section 93” to “34 to 36” there shall be substituted the words “ section 34, 35 or 36 ”.

(2)In subsection (2) of that section, for the words from “section 8(6)” to the end there shall be substituted the words “ section 1B(5) of the M1Powers of Criminal Courts Act 1973 (conditionally discharged person convicted of further offence) and section 24(2) of that Act (offender convicted during operational period of suspended sentence). ”

(3)Subsection (3) of that section shall cease to have effect.

(4)For subsection (5) of that section there shall be substituted the following subsections—

“(5)Where under subsection (1) above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of an offence, the Crown Court may after inquiring into the circumstances of the case deal with him in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.

(5A)Subsection (5) above does not apply where under subsection (1) above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of a suspended sentence, but in such a case the powers under section 23 of the M2Powers of Criminal Courts Act 1973 (power of court to deal with suspended sentence) shall be exercisable by the Crown Court.

(5B)Without prejudice to subsections (5) and (5A) above, where under subsection (1) above or any enactment to which this section applies a magistrates’ court commits a person to be dealt with by the Crown Court, any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates’ court shall not be discharged or exercised by that court but shall instead be discharged or may instead be exercised by the Crown Court.

(5C)Where under subsection (1) above a magistrates’ court commits a person to be dealt with by the Crown Court in respect of an offence triable only on indictment in the case of an adult (being an offence which was tried summarily because of the offender’s being under 18 years of age), the Crown Court’s powers under subsection (5) above in respect of the offender after he attains the age of 18 years shall be powers to do either or both of the following—

(a)to impose a fine not exceeding £5,000;

(b)to 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 an offence punishable with imprisonment for a term not exceeding six months.

(5D)For the purposes of this section the age of an offender shall be deemed to be that which it appears to the court to be after considering any available evidence.”

(5)Subsection (13) of that section shall cease to have effect.