Part 2: Courts, tribunals and coroners Chapter 1: Criminal procedure Section 11: Powers of Crown Court to remit cases to the magistrates’ court
Section 11 inserts new section 46ZA into the Senior Courts Act 1981 so as to give the Crown Court a new general power to send a person back to a magistrates’ court for trial (see new section 46ZA(1)).
	New section 46ZA(2) states that this power to remit cannot be exercised if the offence in question is indictable-only (or falls within section 51A(12) of the CDA 1998 if the defendant is under 18). Where the offence in question is triable either-way, the Crown Court must obtain the defendant’s consent to exercise the power if the defendant has attained the age of 18 (or is a body corporate): new section 46ZA(3). Accordingly, defendants’ right to elect for jury trial is unaffected (there is no requirement for the defendant to consent to the court remitting a summary-only offence).
	In light of the general principle of summary trial in the youth court for under 18-year-olds, new section 46ZA(4) requires the Crown Court to consider (if need be of its own motion) whether to send a person under the age of 18 who appears before the Crown Court back to a magistrates’ court (including a youth court); and if it decides not to send a under-18 defendant back, the court must give reasons for not sending.
	In deciding whether to exercise the power (new section 46ZA(5)), the Crown Court must consider all other offences which are related to the main offence, whether in relation to the same defendant or a co-defendant, and have regard to any allocation guidelines.
	New section 46ZA(6) also provides that where the Crown Court exercises the power set out in new section 46ZA(2) it may give the necessary directions in regard to whether the defendant is remanded in custody or released on bail until the defendant can appear or be brought before the magistrates’ court.
	New section 46ZA(7) states that there is no right of appeal against an order under new section 46ZA(1).
	Section 11 also inserts new section 25A into the Sentencing Code to give the Crown Court the power to remit an adult offender to a magistrates’ court for sentence (new section 25A(2)). New section 25A(1) sets out that this power can only be exercised where a person has attained the age of 18 (or is a body corporate), and where an individual has either been convicted of an offence by a magistrates’ court and committed to the Crown Court for sentence, or has been convicted of a offence by the Crown Court following a plea of guilty.
	In deciding whether to exercise the power (new section 25A(3)) the Crown Court must consider all other offences which are related to the main offence, whether in relation to the same defendant or a co-defendant, and have regard to any allocation guidelines.
	New section 25A(4) states that there is no right of appeal against an order under new section 25A(2).
	Section 11 will also inset new subsection (2A) into section 25 of the Sentencing Code to provide for the court’s ability remit back to youth court for sentencing. It is possible this could be used in relation to those individuals believed to be over 18 who have been committed for sentence by the magistrates’ court, who later turn out to be under 18 years of age.