It was proper for magistrates to commit a defendant to the Crown Court for sentence where they believed that the appropriate sentence was a fine, but the level of fine they thought appropriate would be outside their powers, and only the Crown Court would have that power. The section did not limit the power to situations involving imprisonment. It would be helpful, if the justices considered this to make their views known to the defendant and his advocate to allow representations to be made, and in due course to make the basis of committal known to the Crown Court.
Citations:
Times 05-Dec-2000
Statutes:
Magistrates Courts Act 1980 38
Jurisdiction:
England and Wales
Criminal Sentencing, Magistrates
Updated: 29 March 2022; Ref: scu.86337
