Section 28: Power of magistrates' court to remit case to another magistrates' court for sentence

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 2: Powers exercisable before passing sentence — CHAPTER 3: Remission to youth court or other magistrates' court for sentence

Subsection (2) applies where—

a person aged 18 or over has been convicted by a magistrates' court (“the convicting court”) of a relevant offence (“the present offence”),
it appears to the convicting court that some other magistrates' court (“the other court”) has convicted the offender of another relevant offence in respect of which the other court has not—
passed sentence on the offender,
committed the offender to the Crown Court for sentence, nor
dealt with the offender in any other way, and
the other court consents to the offender's being remitted to it under this section.

The convicting court may remit the offender to the other court to be dealt with in respect of the present offence by the other court instead of by the convicting court.

The power conferred on the other court by subsection (4) includes, where applicable, the power to remit the offender under this section to another magistrates' court in respect of the present offence.

Where the convicting court has remitted the offender under this section, the other court may remit the offender back to the convicting court; and where it does so subsections (4) and (5) (so far as applicable) apply with the necessary modifications.

Nothing in this section prevents the convicting court from making a restitution order (see section 147) by virtue of the offender's conviction of the present offence.

In this section “conviction” includes a finding under section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) that the person in question did the act or made the omission charged, and “convicted” is to be read accordingly.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.