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34 J. Crim. L. 200 (1970)
Committals for Sentence under Ss. 41 and 56 of the Criminal Justice Act, 1967

handle is hein.journals/jcriml34 and id is 208 raw text is: Committals for Sentence Under Ss. 41 and 56 of the Criminal Justice Act, 1967 O FFENDERS can be committed by a Magistrates' Court to various different Higher Courts for that Higher Court to sen- tence or otherwise deal with him. This is quite apart from the power to commit for trial. These powers of committal for sentence have recently been extended by s.56 and s.41 of the Criminal Justice Act, 1967. In certain circumstances, there can be a choice of Court and this can give rise to problems which have not always been appreciated. It must be stressed that the only power to commit under s.56(i) arises as an adjunct to a committal under another provision and that this provision must be an enactment specified in ss.2 of s.56. It must also be stressed that it is possible to commit under s.56(i) instead of committing under some other provision, but normally it is preferable to commit under that other provision because it will give the greater power. Sometimes, however, s.56(i) may be used instead of com- mitting to two different Courts. S. 56(I) must be distinguished from s.56(7). S.56(7) relates only to the specified enactments and states that where there is power to commit on two such matters, one to Assizes and one to Quarter Sessions, both shall be committed to Quarter Sessions. The categories of committal under s.56 (i). Committals under s. 56(i) can be made for three different categories of offences: (a) a relevant suspended sentence imposed by a Magistrates' Court which has been considered consequent on the com- mission of a further offence (s.41 (i)). (b) an imprisonable offence disregarding any prohibition or restriction imposed by or under any enactment on the imprisonment of an offender by virtue of his age (see S. 104 (4)). (c) an offence subject to discretionary or compulsory motor vehicle disqualification. In cases of not having a driving 200

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