5.5 Sentencing - location & committal

Question 1

Which provision gives the Magistrates Court its power to adjourn sentence?

Answer 1

Section 10(3) Magistrates Court 1980

Question 2

Which provision gives the Crown Court its power to adjourn sentence?

Answer 2

None - it has an inherent common law jurisdiction to adjourn for sentence.

Question 3

Which provision sets the maximum sentence the Magistrates Court can impose for a single offence?

Answer 3

Section 32 Magistrates Courts Act 1980

Question 4

Which provisions set out the Magistrates’ powers to commit offenders to the Crown Court for sentence?

Answer 4

Sections 3, 4, 5 and 6 Powers of Criminal Courts (Sentencing) Act 2000

Question 5

Which is the most important provision regarding the Magistrates Court’s power to commit to the Crown Court for sentence?

Answer 5

Section 3 PCC(S)A

Question 6

Which provision sets out the magistrates court’s power to impose consecutive terms of imprisonment?

Answer 6

Section 133 Magistrates Courts Act 1980

[2 X 6 month sentences = 12 months max]

Question 7

When is Section 4 PCC(S)A important?

Answer 7

Where D pleads guilty to either-way offence (a), and the Magistrates Court commits him for trial for either-way offence (b), it may commit him for sentence for (a) alongside (b).

Question 8

When is Section 6 PCC(S)A important?

Answer 8

Where the Magistrates Court commits D for sentence for offence (a) it may commit him for any other offence (b).
This does not increase the Crown Court’s powers to sentence for (b) unless the Magistrates Court states that it would have committed D for sentence as if on indictment under s.3.

Question 9

What is a Goodyear indication?

Answer 9

An indication of the maximum sentence on a guilty plea in the Crown Court.

Question 10

Does the judge have to give a Goodyear indication?

Answer 10

It is discretionary and the judge does not have to give reasons.

(An important reason might be that the judge is waiting for an assessment of risk.)

Question 11

Who can apply for a Goodyear indication?

Answer 11

Counsel for the defendant - always make sure you have signed authority from the client.

Question 12

Under what circumstances can a Goodyear indication be sought?

Answer 12

Where the CPS and D have agreed a basis of facts.

Question 13

What is the procedure for seeking a Goodyear indication?

Answer 13

Usually in the PTPH.
Open Court.
Defendant in attendance (unless there is a good reason).
Reporting restrictions.

Question 14

In which court can a Goodyear indication be sought?

Answer 14

The Crown Court

Question 15

How long can the magistrates court adjourn sentence?

Answer 15

Section 10(3) Magistrates Courts Act 1980
4 weeks at a time where D is on bail;
3 weeks at a time where D is in custody.

Question 16

When can an offender be committed for sentence for one or more either-way offences?

Answer 16

Section 3 PCC(S)A
where the offence is so serious that the Crown Court should have the power to deal with the offender as if he were convicted on indictment

Question 17

What is the maximum amount of time for which the magistrates court can adjourn sentence?

Answer 17

Section 10(3) Magistrates Courts Act 1980
4 weeks or 3 weeks of D is in custody. However, D can be brought back and have sentence adjourned again.

Question 18

Does the court have to adjourn for sentence?

Answer 18

An application to adjourn is not automatically granted. Adjournment is in the court’s discretion.

The court will expect justification especially for the expense outlay of ordering a PSR.

Generally the magistrates court will only adjourn if it needs specific information e.g. about the suitability of a drugs rehab order or D’s dangerousness.

Question 19

What is section 6 PCC(S)A used for?

Answer 19

Where D is convicted of two+ related offences:

1. warrants committal for sentence under s.3 PCC(S)A;
2. does not warrant committal for sentence.

D can be committed to the Crown Court for sentencing for both offences, but the Crown Court’s powers in relation to (2) will be limited to the summary maximum.

Question 20

What is Section 4 PCC(S)A used for?

Answer 20

Where D pleads
1.
guilty to one or more either-way offences; and
2.
not guilty to other related offences that are being committed for trial under s.19 MCA.

If the magistrates court considers its sentencing powers sufficient in relation to offence (1), it can decide:

(a)
to sentence D summarily for offence (1); or
(b)
to commit D for sentence after offence (2) has been tried, so long as both offences are related.

If the magistrates court picks (b) the Crown Court may sentence D for offence (1) only to the summary maximum, unless the magistrates court indicates that it believes a higher sentence is appropriate.