23Power of Crown Court on committal for sentence under section 20E+W
(1)Subsection (2) applies where under section 20(2) or (4)(a) (committal for sentence in certain cases where offender committed in respect of another offence) a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence.
(2)The Crown Court—
(a)must inquire into the circumstances of the case, and
(b)may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender (assuming it had convicted the offender of the offence).
(3)Subsection (4) applies where under section 20(4)(b) a magistrates' court commits a person to be dealt with by the Crown Court in respect of a suspended sentence.
(4)The powers under paragraphs 13 and 14 of Schedule 16 (power of court to deal with suspended sentence) are exercisable by the Crown Court.
(5)Subsection (6) applies where under section 20 a magistrates' court commits a person to be dealt with by the Crown Court.
(6)Without prejudice to subsections (1) to (4), any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—
(a)is not to be discharged or exercised by that court, but
(b)is instead to be discharged or may instead be exercised by the Crown Court.
This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).
Commencement Information
I1S. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2