Page:Magistrates’ Courts Act 1980.pdf/27

Rh

and accordingly in a case falling within paragraph (a) or (b) of this subsection the court shall commit the accused for trial if either it is of opinion that there is sufficient evidence to put him on trial or it has power under section 6(2) above so to commit him without consideration of the evidence.

(2) Where, in a case falling within subsection (1)(b) above, a magistrates’ court commits a person under the age of 17 for trial for an offence with which he is charged jointly with a person who has attained that age, the court may also commit him for trial for any other indictable offence with which he is charged at the same time (whether jointly with the person who has attained that age or not) if that other offence arises out of circumstances which are the same as or connected with those giving rise to the first-mentioned offence.

(3) If on trying a person summarily in pursuance of subsection (1) above the court finds him guilty, it may impose a fine of an amount not exceeding £200 or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for section 19(1) of the Powers of Criminal Courts Act 1973, it could have sentenced him to imprisonment for a term not exceeding 3 months.

(4) In relation to a person under the age of 14 subsection (3) above shall have effect as if for the words “£200” there were substituted the words “£50”; but this subsection shall cease to have effect on the coming into force of section 4 of the Children and Young Persons Act 1969 (which prohibits criminal proceedings against children).

25.—(1) Subsections (2) to (4) below shall have effect where a person who has attained the age of 17 appears or is brought before a magistrates’ court on an information charging him with an offence triable either way.

(2) Where the court has (otherwise than in pursuance of section 22(2) above) begun to try the information summarily, the court may, at any time before the conclusion of the evidence for the prosecution, discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.

(3) Where the court has begun to inquire into the information as examining justices, then, if at any time during the inquiry it appears to the court, having regard to any representations made in the presence of the accused by the prosecutor, or made by the