Procedure in the magistrates’ courts. Committal for sentence Flashcards
Committal for Sentence
Powers to Commit for Sentence
As an alternative to passing sentence themselves, magistrates may, in some circumstances, commit the offender to the Crown Court to be sentenced. The major powers to commit for sentence are as follows:
(a) SA 2020, s. 14: general power to commit an adult offender who is summarily convicted of an either way offence.
(b) SA 2020, s. 15: power to commit an adult offender who is summarily convicted of an either way offence in a case where the ‘dangerous offender’ provisions of the Act are applicable.
(c) SA 2020, s. 18: power to commit an adult offender who indicates a guilty plea at a plea before venue’ hearing and who has also been sent for trial for one or more related offences.
(d) SA 2020, sch. 16, paras. 10(3) and 11(2): power to commit an offender who is in breach of a community requirement under a Crown Court suspended sentence, and power to commit an offender who is convicted of an offence committed during the operational period of a Crown Court suspended sentence, respectively.
(e) SA 2020, sch. 2, para. 5(4): power to commit an offender convicted of an offence committed during the period of Crown Court conditional discharge.
(f) SA 2020, sch. 10, paras. 10(3) and 24(2): power to commit an offender who is in breach of a community requirement under a Crown Court community order, and power to commit an offender who is convicted of a further offence while a Crown Court community order is in force, respectively.
(g) SA 2020, s. 20: supplementary power to commit offenders who are being committed under the various powers contained in the Act, including ss. 14 to 19, to be sentenced also for other matters that would otherwise fall to be dealt with by the magistrates.
(h) POCA 2002, s. 70: power to commit to the Crown Court with a view to a confiscation order being considered under s. 6 of that Act (see E19 for discussion of confiscation orders).
CrimPR 5.4(1)(j) requires a record to be kept of decisions regarding the view taken by a magistrates’ court of its sentencing powers in the context of decisions to commit for sentence.
Under the SA 2000, s. 25A , where a person aged 18 or over, or a person who is not an individual, has been convicted of an offence by a magistrates’ court and committed to the Crown Court for sentence (or pleads guilty in the Crown Court to an offence other than an indictable only one), the Crown Court may remit the offender to a magistrates’ court for sentence. In deciding whether to do so, the Crown Court must take into account any other offence before the Crown Court that appears to be related to the offence in question (whether the same, or a different, person is accused or has been convicted of the other offence), and must have regard to any Sentencing Council allocation guidelines. There is no right of appeal against a decision to remit the case to the magistrates’ court.
Committal for Sentence under the Sentencing Act 2020, s. 18
The SA 2020, s. 18(1) provides that, where the accused has indicated a guilty plea to an either way offence (and so is deemed to have pleaded guilty to it) and is also sent for trial for one or more related offences, the magistrates may commit the offender to the Crown Court for sentence in respect of the either way offence to which he or she has pleaded guilty. For the purposes of these provisions, one offence is related to another if the charges for them could be joined in the same indictment if both charges were to be tried in the Crown Court.
Thus, the two charges must be founded on the same facts or must be, or be part of, a series of offences of the same or a similar character.
Section 21(4) and (5) provide that, where the magistrates’ court has committed an offender for sentence pursuant to s. 18(1), the Crown Court can exceed the sentencing powers of the magistrates’ court in respect of the either way offence so committed only if either:
(a) the magistrates stated that they considered their sentencing powers were inadequate to deal with the offender for that offence (and so they also had power to commit the offender for sentence under s. 14); or
(b) the offender is convicted by the Crown Court of one or more of the related offences.
Where the court is of the opinion that its sentencing powers are inadequate, it must state that opinion for the Crown Court
Committal under the Sentencing Act 2020, s. 20
The SA 2020, s. 20 gives a power to commit for sentence which may be used to supplement a committal under the provisions listed in s. 20(1), which include committal for sentence under ss. 14 to 19; committal for sentence in respect of the breach of a conditional discharge imposed by the Crown Court ; and committal where the offender commits a further offence during the operational period of a suspended sentence imposed by the Crown Court. These committal powers are referred to below as ‘primary’ committal powers.
