Page:Criminal Law Act 1977.pdf/40

Part III

examination) that the person in question did the act or made the omission charged, and “convicted” shall be construed accordingly.

Committal for sentence for offences tried summarily.
1967 c. 80. 46. For section 56(1) of the Criminal Justice Act 1967 (powers of magistrates’ courts as regards committal for sentence in respect of offences tried summarily) there shall be substituted—

“(1) Where a magistrates’ court (‘the committing court’) commits a person in custody or on bail to the Crown Court under any enactment to which this section applies to be sentenced or otherwise dealt with in respect of an offence (‘the relevant offence’), the committing court—

(a) if the relevant offence is an offence triable either way, may also commit him, in custody or on bail as the case may require, to the Crown Court to be dealt with in respect of any other offence whatsoever in respect of which the committing court has power to deal with him (being an offence of which he has been convicted by that or any other court); or

(b) if the relevant offence is a summary offence, may commit him, as aforesaid, to the Crown Court to be dealt with in respect of-

(i) any other offence of which the committing court has convicted him, being either an offence punishable with imprisonment or an offence in respect of which the committing court has a power or duty to order him to be disqualified under section 93 of the 1972 c. 20.Road Traffic Act 1972 (disqualification for certain motoring offences); or

(ii) any suspended sentence in respect of which the committing court has under section 24(1) of the 1973 c. 62.Powers of Criminal Courts Act 1973 power to deal with him.”.

Prison sentence partly served and partly suspended. 47.—(1) Where a court passes on an adult a sentence of imprisonment for a term of not less than six months and not more than two years, it may order that, after he has served. part of the sentence in prison, the remainder of it shall be held in suspense.

(2) The part to be held in suspense shall be not more than three quarters and not less than one quarter of the whole term, and the offender shall not be required to serve that part unless