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Modifications etc. (not altering text)
C1Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
C2Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
C3Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
C4Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
C5Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
C6Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
C7Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
C8Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
Textual Amendments
F1Ss. 47A-47S and cross-heading inserted (22.11.2014 for the insertion of ss. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 55(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)
(1)This section applies if—
(a)a defendant is convicted of an offence by a magistrates’ court, and
(b)the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 6.
(2)In such a case the magistrates’ court—
(a)must commit the defendant to the Crown Court in respect of the offence, and
(b)may commit him to the Crown Court in respect of any other offence falling within subsection (3).
(3)An offence falls within this subsection if—
(a)the defendant has been convicted of it by the magistrates’ court or any other court, and
(b)the magistrates’ court has power to deal with him in respect of it.
(4)If a committal is made under this section in respect of an offence or offences—
(a)section 6 applies accordingly, and
(b)the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 71.
(5)If a committal is made under this section in respect of an offence for which (apart from this section) the magistrates’ court could have committed the defendant for sentence under [F2section 14(2) of the Sentencing Code] (offences triable either way) [F3or under [F4section 16(2) [F5or 16A(2)] of that Code] (committal of child or young person)] the court must state whether it would have done so.
(6)A committal under this section may be in custody or on bail.
Textual Amendments
F2Words in s. 70(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 195(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 70(5) inserted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 75(4); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F4Words in s. 70(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 195(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F5Words in s. 70(5) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 19
Commencement Information
I1S. 70 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
(1)If a defendant is committed to the Crown Court under section 70 in respect of an offence or offences, this section applies (whether or not the court proceeds under section 6).
(2)In the case of an offence in respect of which the magistrates’ court has stated under section 70(5) that it would have committed the defendant for sentence, the Crown Court—
(a)must inquire into the circumstances of the case, and
(b)may deal with the defendant in any way in which it could deal with him if he had just been convicted of the offence on indictment before it.
(3)In the case of any other offence the Crown Court—
(a)must inquire into the circumstances of the case, and
(b)may deal with the defendant in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.]
Commencement Information
I2S. 71 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.