The magistrates had made an error in the form of committal, when remitting the defendant to the Crown Court for sentence.
Held: The error had the effect of limiting the Crown Court to the powers which had been available to the magistrates. The statement of committal under section 4 had failed to include, as was required, a statement that the magistrates were of the opinion that they also had power to commit the defendant under section 3(2). This had the effect of disapplying section 5 in the crown Court.
Holland, Hallett JJ
England and Wales
Magistrates, Criminal Sentencing
Updated: 05 May 2022; Ref: scu.178999