Commentary on Sections Part 6: Allocation and Transfer of Offences Sending cases to the Crown Court etc.
239.Paragraphs 15-20 amend the Crime and Disorder Act 1998, Paragraph 17 sets out the order in which a magistrates’ court is to apply various procedures in respect of either-way offences.
240.Paragraph 18 substitutes section 51 of the Crime and Disorder Act 1998 so that it applies not only (as now) to indictable-only offences (and cases related to such offences), but also where an either-way case involving an adult defendant is allocated for trial on indictment. The provisions for sending to the Crown Court related cases against the same defendant or another defendant (including one under 18) are preserved.
241.Paragraph 18 also inserts into the Crime and Disorder Act 1998 new section 51A, which replaces the existing provisions for moving cases where the principal defendant is under 18 to the Crown Court for trial; and new sections 51B and 51C, which subsume the transfer provisions now in section 4 of the Criminal Justice Act 1987 (serious fraud cases) and section 53 of the Criminal Justice Act 1991 (child witness cases) respectively. The procedure in sections 51B and 51C is initiated, as it is now, by the issue of a notice by the prosecutor.
242.Paragraph 19 makes provision for reporting restrictions.
243.Paragraphs 21 to 28 amend the Powers of Criminal Courts (Sentencing) Act 2000. The most important of these concerns the committal to the Crown Court for sentence of offences triable either-way. This power will no longer be available in cases where the magistrates’ court has dealt with the case having accepted jurisdiction (whether as a contested case or a guilty plea) but will be limited to cases where a guilty plea has been indicated at plea before venue.
244.If a defendant is charged with a number of related either-way offences, pleads guilty to one of them at plea before venue and is sent to the Crown Court to be tried for the rest, the existing power in section 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to send the offence to which he has pleaded guilty to the Crown Court for sentence is retained.
245.Part 2 of Schedule 3 contains minor and consequential amendments to various statutes.