Commentary on Sections Committal to Crown Court 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.