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Criminal Justice and Courts Act 2015

Committal to Crown Court

Section 52: Low-value shoplifting: mode of trial

464.Section 52 clarifies the effect of section 22A of the Magistrates’ Courts Act 1980, inserted by section 176 of the Anti-social Behaviour, Crime and Policing Act 2014, which made theft from a shop of property valued at £200 or less a summary offence.

465.The defendant’s right to elect to be tried in the Crown Court was retained. This section makes it clear that a low-value shoplifting case in which the defendant elects to be tried in the Crown Court is to be treated in the same manner as an either-way offence in which the defendant has so elected. These changes take effect two months after the Act is passed.

Section 53: Committal of young offenders convicted of certain serious offences

466.Section 3B of the Powers of Criminal Courts (Sentencing) Act 2000 allows a magistrates’ court to commit a defendant under 18 to the Crown Court for sentence in certain circumstances. At present, it only applies where the defendant is charged with a serious offence listed in section 91(1) of the 2000 Act and the defendant indicates a guilty plea under section 24A or 24B of the Magistrates’ Courts Act 1980. Section 53 extends section 3B so that it allows for committal for sentence in any case where a magistrates’ court is of opinion that a defendant under 18 who has been convicted summarily of a serious offence listed in section 91(1) of the 2000 Act should be sentenced by the Crown Court.

467.Subsections (3) and (4) provide that the extended committal power is not retrospective, but applies to a case only where the offender first appeared in respect of the offence after the date of commencement.

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