Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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(1) Subject to subsection (4) below, this section applies where--

(a) a person aged 18 or over appears or is brought before a magistrates' court ("the court") on an information charging him with an offence triable either way ("the offence");

(b) he or his representative indicates under section 17A or (as the case may be) 17B of the Magistrates' Courts Act 1980 (initial procedure: accused to indicate intention as to plea), but not section 20(7) of that Act, that he would plead guilty if the offence were to proceed to trial; and

(c) proceeding as if section 9(1) of that Act were complied with and he pleaded guilty under it, the court convicts him of the offence.

(2) If the court is of the opinion that--

(a) the offence; or

(b) the combination of the offence and one or more offences associated with it,

was so serious that the Crown Court should, in the court's opinion, have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment, the court may commit him in custody or on bail to the Crown Court for sentence in accordance with section 5(1) below.

(3) Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.

(4) This section does not apply in relation to an offence as regards which this section is excluded by section 17D of the Magistrates' Courts Act 1980 (certain offences where value involved is small).

(5) The preceding provisions of this section shall apply in relation to a corporation as if--

(a) the corporation were an individual aged 18 or over; and

(b) in subsection (2) above, the words "in custody or on bail" were omitted. "

23 After section 3 there is inserted--

" 3A Committal for sentence of dangerous adult offenders

(1) This section applies where on the summary trial of a specified offence triable either way a person aged 18 or over is convicted of the offence.

(2) If, in relation to the offence, it appears to the court that the criteria for the imposition of a sentence under section 225(3) or 227(2) of the Criminal Justice Act 2003 would be met, the court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 5(1) below.

(4) In reaching any decision under or taking any step contemplated by this section--

(a) the court shall not be bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable); and

(b) nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is not consistent with an indication of sentence.

(5) Nothing in this section shall prevent the court from committing a specified offence to the Crown Court for sentence under section 3 above if the provisions of that section are satisfied.

(6) In this section, references to a specified offence are to a specified offence within the meaning of section 224 of the Criminal Justice Act 2003.

3B Committal for sentence on indication of guilty plea by child or young person

(1) This section applies where--

(a) a person aged under 18 appears or is brought before a magistrates' court ("the court") on an information charging him with an offence mentioned in subsection (1) of section 91 below ("the offence");

(b) he or his representative indicates under section 24A or (as the case may be) 24B of the Magistrates' Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that he would plead guilty if the offence were to proceed to trial; and

(c) proceeding as if section 9(1) of that Act were complied with and he pleaded guilty under it, the court convicts him of the offence.

(2) If the court is of the opinion that--

(a) the offence; or

(b) the combination of the offence and one or more offences associated with it,

was such that the Crown Court should, in the court's opinion, have power to deal with the offender as if the provisions of section 91(3) below applied, the court may commit him in custody or on bail to the Crown Court for sentence in accordance with section 5A(1) below.

3C Committal for sentence of dangerous young offenders

(1) This section applies where on the summary trial of a specified offence a person aged under 18 is convicted of the offence.

(2) If, in relation to the offence, it appears to the court that the criteria for the imposition of a sentence under section 226(3) or 228(2) of the Criminal Justice Act 2003 would be met, the court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 5A(1) below.

(4) Nothing in this section shall prevent the court from committing a specified offence to the Crown Court for sentence under section 3B above if the provisions of that section are satisfied.

(5) In this section, references to a specified offence are to a specified offence within the meaning of section 224 of the Criminal Justice Act 2003. "

24 (1) Section 4 (committal for sentence on indication of guilty plea to offence triable either way) is amended as follows.

(2) For subsection (1)(b), there is substituted--

" (b) he or (where applicable) his representative indicates under section 17A, 17B or 20(7) of the Magistrates' Courts Act 1980 that he would plead guilty if the offence were to proceed to trial; and " .

(3) In subsection (1)(c), for "the Magistrates' Courts Act 1980" there is substituted "that Act".

(4) After subsection (1) there is inserted--

" (1A) But this section does not apply to an offence as regards which this section is excluded by section 17D of that Act (certain offences where value involved is small). "

(5) For subsection (3), there is substituted--

" (3) If the power conferred by subsection (2) above is not exercisable but the court is still to determine to, or to determine whether to, send the offender to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences--

(a) it shall adjourn the proceedings relating to the offence until after it has made those determinations; and

(b) if it sends the offender to the Crown Court for trial for one or more related offences, it may then exercise that power. "

(6) In subsection (4)(b), after "section 3(2)" there is inserted "or, as the case may be, section 3A(2)".

(7) After subsection (7) there is inserted--

" (8) In reaching any decision under or taking any step contemplated by this section--

(b) nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is not consistent with an indication of sentence. "

25 After section 4 there is inserted--

" 4A Committal for sentence on indication of guilty plea by child or young person with related offences

(1) This section applies where--

(a) a person aged under 18 appears or brought before a magistrates' court ("the court") on an information charging him with an offence mentioned in subsection (1) of section 91 below ("the offence");

(c) proceeding as if section 9(1) of that Act were complied with and he pleaded guilty under it, the court convicts him of the offence.

(2) If the court has sent the offender to the Crown Court for trial for one or more related offences, that is to say one or more offences which, in its opinion, are related to the offence, it may commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 5A(1) below.

(3) If the power conferred by subsection (2) above is not exercisable but the court is still to determine to, or to determine whether to, send the offender to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences--

(a) it shall adjourn the proceedings relating to the offence until after it has made those determinations; and

(b) if it sends the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.

(4) Where the court--

(a) under subsection (2) above commits the offender to the Crown Court to be dealt with in respect of the offence; and

(b) does not state that, in its opinion, it also has power so to commit him under section 3B(2) or, as the case may be, section 3C(2) above,

section 5A(1) below shall not apply unless he is convicted before the Crown Court of one or more of the related offences.

(5) Where section 5A(1) below does not apply, the Crown Court may 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 the offence.

(6) Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.

(7) Section 4(7) above applies for the purposes of this section as it applies for the purposes of that section. "

26 For section 5 (power of Crown Court on committal for sentence under sections 3 and 4) there is substituted--

" 5 Power of Crown Court on committal for sentence under sections 3, 3A and 4

(1) Where an offender is committed by a magistrates' court for sentence under section 3, 3A or 4 above, the Crown Court shall inquire into the circumstances of the case and may deal with the offender in any way in which it could deal with him if he had just been convicted of the offence on indictment before the court.

(2) In relation to committals under section 4 above, subsection (1) above has effect subject to section 4(4) and (5) above.

(3) Section 20A(1) of the Magistrates' Courts Act 1980 (which relates to the effect of an indication of sentence under section 20 of that Act) shall not apply in respect of any specified offence (within the meaning of section 224 of the Criminal Justice Act 2003)--

(a) in respect of which the offender is committed under section 3A(2) above; or

(b) in respect of which--

(i) the offender is committed under section 4(2) above; and

(ii) the court states under section 4(4) above that, in its opinion, it also has power to commit the offender under section 3A(2) above. "

27 After section 5 there is inserted--

" 5A Power of Crown Court on committal for sentence under sections 3B, 3C and 4A

(1) Where an offender is committed by a magistrates' court for sentence under section 3B, 3C or 4A above, the Crown Court shall inquire into the circumstances of the case and may deal with the offender in any way in which it could deal with him if he had just been convicted of the offence on indictment before the court.

(2) In relation to committals under section 4A above, subsection (1) above has effect subject to section 4A(4) and (5) above. "

28 In section 6 (committal for sentence in certain cases where offender committed in respect of another offence), in subsection (4)(b), for "3 and 4" there is substituted "3 to 4A".

Part 2 minor and consequential amendments

Territorial Waters Jurisdiction Act 1878 (c. 73)

29 In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as to procedure), in the paragraph beginning "Proceedings before a justice of the peace", for the words from the beginning to "his trial" there is substituted--

" Any stage of proceedings--

(a) before the summary trial of the offence; or

(b) before the offender has been sent for trial for the offence, " .

Bankers' Books Evidence Act 1879 (c. 11)

30 (1) The Bankers' Books Evidence Act 1879 is amended as follows.

(2) In section 4 (proof that book is a banker's book), the paragraph beginning "Where the proceedings" is omitted.

(3) In section 5 (verification of copy), the paragraph beginning "Where the proceedings" is omitted.

Explosive Substances Act 1883 (c. 3)

31 In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-General, and apprehension of absconding witnesses), subsection (3) is omitted.

Criminal Justice Act 1925 (c. 86)

32 In section 49 of the Criminal Justice Act 1925 (interpretation, etc), subsection (2) is omitted.

Children and Young Persons Act 1933 (c. 12)

33 In section 42 of the Children and Young Persons Act 1933 (extension of power to take deposition of child or young person), in subsection (2)(a), for "committed" in both places there is substituted "sent".

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

34 (1) Section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) is amended as follows.

(2) In subsection (2)--

(a) in paragraph (a), for "committed" there is substituted "sent",

(b) paragraphs (aa) to (ac) are omitted,

" (i) where the person charged has been sent for trial, the bill of indictment against him may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 57D(1) of the Crime and Disorder Act 1998, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may lawfully be joined in the same indictment; " ,

(d) paragraphs (iA) and (iB) are omitted,

(e) in paragraph (ii), for "the committal" there is substituted "such notice", and

(f) the words from "and in paragraph (iA)" to the end are omitted.

(3) In subsection (3)(b), for "committed" there is substituted "sent".

Criminal Justice Act 1948 (c. 58)

35 (1) The Criminal Justice Act 1948 is amended as follows.

(2) In section 27 (remand and committal of persons aged 17 to 20), in subsection (1), for "commits him for trial or" there is substituted "sends him to the Crown Court for trial or commits him there for".

(3) In section 41 (evidence by certificate), subsection (5A) is omitted.

(4) In section 80 (interpretation), the definition of "Court of summary jurisdiction" is omitted.

Prison Act 1952 (c. 52)

36 Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii) of Schedule 7 to, the Criminal Justice and Court Services Act 2000, paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection (2), of section 43 of the Prison Act 1952 (remand centres, detention centres and youth custody centres) are to have effect as if references to being committed for trial were references to being sent for trial.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

37 In section 187 of the Army Act 1955 (proceedings before a civil court where persons suspected of illegal absence), at the end of subsection (4) there is inserted--

" The references in this subsection to provisions of the Magistrates' Courts Act 1980 and to corresponding enactments are to be taken to refer to those provisions and enactments as if no amendment to them had been made by the Criminal Justice Act 2003. "

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

38 In section 187 of the Air Force Act 1955 (proceedings before a civil court where persons suspected of illegal absence), at the end of subsection (4) there is inserted--

Geneva Conventions Act 1957 (c. 52)

39 In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)--

(a) in subsection (1), for "committal" there is substituted "having been sent",

(b) in subsection (2), for "committal", where it first appears, there is substituted "having been sent".

Naval Discipline Act 1957 (c. 53)

40 In section 109 of the Naval Discipline Act 1957 (proceedings before summary courts), at the end of subsection (4) there is inserted--

" The references in this subsection to provisions are to be taken to refer to those provisions as if no amendment to them had been made by the Criminal Justice Act 2003. "

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

41 In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (supplementary procedures as to proceedings under section 2)--

(a) the words "and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)" are omitted, and

(b) for "it had determined not to commit for trial" there is substituted "the offence were to be dealt with summarily and the court had dismissed the information".

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

42 In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court)--

(a) for subsection (4) there is substituted--

" (4) Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence. " , and

(b) subsection (5) is omitted.

Criminal Justice Act 1967 (c. 80)

43 (1) The Criminal Justice Act 1967 is amended as follows.

(2) In section 9 (proof by written statement), in subsection (1), the words ", other than committal proceedings," are omitted.

(3) In section 36 (interpretation), in subsection (1), the definition of "committal proceedings" is omitted.

Criminal Appeal Act 1968 (c. 19)

44 (1) The Criminal Appeal Act 1968 is amended as follows.

(2) In section 1 (right of appeal), in subsection (3), for "committed him" there is substituted "sent him to the Crown Court".

(3) In section 9 (appeal against sentence following conviction on indictment), in subsection (2), the words from "section 41" to "either way offence" are omitted.

Firearms Act 1968 (c. 27)

45 In Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences), in Part 2, paragraph 3 is omitted.

Theft Act 1968 (c. 60)

46 In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft or handling stolen goods), subsection (4A) is omitted.

Criminal Justice Act 1972 (c. 71)

47 In section 46 of the Criminal Justice Act 1972 (admissibility of written statements outside England and Wales), subsections (1A) to (1C) are omitted.

Bail Act 1976 (c. 63)

48 (1) The Bail Act 1976 is amended as follows.

(2) In section 3 (general provisions)--

(a) in subsection (8)--

(i) for "committed" there is substituted "sent", and

(ii) after "for trial or" there is inserted "committed him on bail to the Crown Court", and

(b) subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), are omitted.

(3) In section 5 (supplementary provisions about decisions on bail)--

(a) in subsection (6)(a), for "committing" there is substituted "sending", and

(b) in subsection (6A)(a)--

(i) after "under" there is inserted "section 52(5) of the Crime and Disorder Act 1998,",

(ii) sub-paragraph (i) is omitted,

(iii) after sub-paragraph (ii) there is inserted--

" (iia) section 17C (intention as to plea: adjournment); " , and

(iv) at the end of sub-paragraph (iii) there is inserted " or

(iv) section 24C (intention as to plea by child or young person: adjournment), " .

(4) In section 6 (offence of absconding by person released on bail), in subsection (6)(b), for "commits" there is substituted "sends".

(5) In section 9 (offence of agreeing to indemnify sureties in criminal proceedings), in subsection (3)(b), for "commits" there is substituted "sends".

Interpretation Act 1978 (c. 30)

49 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)--

(a) in the definition of "Committed for trial", paragraph (a) is omitted,

(b) after the entry for "Secretary of State" there is inserted--

" "Sent for trial" means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant to section 51 or 51A of the Crime and Disorder Act 1998. "

Customs and Excise Management Act 1979 (c. 2)

50 In section 147 of the Customs and Excise Management Act 1979 (proceedings for offences), subsection (2) is omitted.

Magistrates' Courts Act 1980 (c. 43)

51 (1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 2, as substituted by the Courts Act 2003 (trial of summary offences), in subsection (2), for "as examining justices over" there is substituted "under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of".

(3) Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted.

(4) In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-trial hearing), in subsection (6), the words "commits or" are omitted.

(5) In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from "proceeds" to the end there is substituted "sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and".

(6) The following sections shall cease to have effect--

(a) section 97A (summons or warrant as to committal proceedings),

(b) section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and

(7) In section 128 (remand in custody or on bail)--

(a) in subsection (1)(b), the words "inquiring into or" are omitted,

(b) in subsection (1A)(a)--

(i) "5," is omitted, and

(ii) for "or 18(4)" there is substituted ", 18(4) or 24C",

(i) "5," is omitted, and

(ii) for "or 18(4)" there is substituted ", 18(4) or 24C",

(d) in subsection (3C)(a)--

(i) "5," is omitted, and

(ii) for "or 18(4)" there is substituted ", 18(4) or 24C", and

(e) in subsection (3E)(a)--

(i) "5," is omitted, and

(ii) for "or 18(4)" there is substituted ", 18(4) or 24C".

(8) In section 129 (further remand), in subsection (4)--

(a) for "commits a person" there is substituted "sends a person to the Crown Court", and

(b) for "committed" there is substituted "sent".

(9) In section 130 (transfer of remand hearings), in subsection (1)--

(a) "5," is omitted, and

(b) for "or 18(4)" there is substituted ", 18(4) or 24C".

(10) In section 145 (rules: supplementary provisions), in subsection (1), paragraph (f) is omitted.

(11) In section 150 (interpretation of other terms), in subsection (1), the definition of "committal proceedings" is omitted.

(12) In section 155 (short title, extent and commencement), in subsection (2)(a), the words "8 (except subsection (9))" are omitted.

(13) In Schedule 3 (corporations)--

(a) in paragraph 2, sub-paragraph (a) is omitted,

(b) in paragraph 6, for "inquiry into, and trial of," there is substituted "trial of".

(14) In Schedule 5 (transfer of remand hearings)--

(a) paragraph 2 is omitted, and

(b) in paragraph 5, for "5, 10 or 18(4)" there is substituted "10, 17C, 18(4) or 24C".

Criminal Attempts Act 1981 (c. 47)

52 In section 2 of the Criminal Attempts Act 1981 (application of procedures and other provisions to offences under section 1), in subsection (2)(g), the words "or committed for trial" are omitted.

Contempt of Court Act 1981 (c. 49)

53 In section 4 of the Contempt of Court Act 1981 (contemporary reports of proceedings), in subsection (3), for paragraph (b) there is substituted--

" (b) in the case of a report of allocation or sending proceedings of which publication is permitted by virtue only of subsection (6) of section 52A of the Crime and Disorder Act 1998 ("the 1998 Act"), if published as soon as practicable after publication is so permitted;

(c) in the case of a report of an application of which publication is permitted by virtue only of sub-paragraph (5) or (7) of paragraph 3 of Schedule 3 to the 1998 Act, if published as soon as practicable after publication is so permitted. "

Supreme Court Act 1981 (c. 54)

54 (1) The Supreme Court Act 1981 is amended as follows.

(2) In section 76 (committal for trial: alteration of place of trial)--

(a) in subsection (1), for the words from "varying" (where it first appears) to "to Crown Court)" there is substituted "substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a "section 51D notice")",

(b) in subsection (3), for the words "fixed by the magistrates' court, as specified in a notice under a relevant transfer provision" there is substituted "specified in a section 51D notice",

(d) in the heading, for "Committal" there is substituted "Sending".

(3) In section 77 (committal for trial: date of trial)--

(a) in subsection (1), for "committal for trial or the giving of a notice of transfer under a relevant transfer provision" there is substituted "being sent for trial",

(b) in subsection (2), for "committed by a magistrates' court or in respect of whom a notice of transfer under a relevant transfer provision has been given" there is substituted "sent for trial",

(c) in subsection (3), for "of committal for trial or of a notice of transfer" there is substituted "when the defendant is sent for trial",

(d) subsection (4) is omitted, and

(e) in the heading, for "Committal" there is substituted "Sending".

(4) In section 80 (process to compel appearance), in subsection (2), for "committed" there is substituted "sent".

(5) In section 81--

(a) in subsection (1)--

(i) in paragraph (a)--

(a) the words "who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or" are omitted, and

(b) after "51" there is inserted "or 51A",

(ii) in paragraph (g), sub-paragraph (i) is omitted, and

(b) subsection (7) is omitted.

Mental Health Act 1983 (c. 20)

55 (1) The Mental Health Act 1983 is amended as follows.

(2) In section 43 (power of magistrates' court to commit for restriction order), for subsection (4) there is substituted--

" (4) The powers of a magistrates' court under section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender's case with a restriction order. "

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