{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.10",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.10.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/28.10",
  "kind": "rule",
  "number": "28.10",
  "heading": "Committal or remission, etc. for sentence",
  "text": "(1) This rule applies where a magistrates’ court or the Crown Court (‘the transferring court’)—\n(a) commits, remits or transfers a case to another court—\n(i) for sentence, or\n(ii) for the defendant to be dealt with for breach of a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by that other court;\n(b) deals with a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court; or\n(c) makes an order that another court is, or may be, required to enforce.\n(2) Unless the transferring court otherwise directs, the court officer must, as soon as practicable—\n(a) where paragraph (1)(a) applies, make available to the other court of a record of any relevant—\n(i) certificate of conviction,\n(ii) magistrates’ court register entry,\n(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976,\n(iv) note of evidence,\n(v) statement or other document introduced in evidence,\n(vi) medical or other report,\n(vii) representation order or application for such order,\n(viii) interim driving disqualification, and\n(ix) statement by the court for the purposes of section 70(5) of the Proceeds of Crime Act 2002;\n(b) where paragraph (1)(b) or (c) applies, make available to the other court the transferring court’s order; and\n(c) in every case, notify the defendant and, where the defendant is under 16, a parent or guardian, of the location of the other court.\n[Note. For the circumstances in which—\n(a) a magistrates’ court may (and, in some cases, must) commit the defendant to the Crown Court for sentence, see rules 9.15 (Committal for sentence of offence related to an offence sent for trial), 24.11 (Procedure if the court convicts) and 28.13 (Sentencing, etc. after committal to the Crown Court) (the note to rule 28.13 summarises the statutory provisions that apply);\n(b) a magistrates’ court may adjourn the case to another magistrates’ court for sentence, see section 10 of the Magistrates’ Courts Act 1980 and section 28 of the Sentencing Act 2020;\n(c) a magistrates’ court or the Crown Court may (and, in some cases, must) adjourn the case to a youth court for sentence, see sections 25 and 26 of the 2020 Act;\n(d) a youth court may adjourn the case to a magistrates’ court for sentence, see section 27 of the 2020 Act;\n(e) a magistrates’ court may transfer a fine to be enforced to another court, see sections 89 and 90 of the 1980 Act;\n(f) the Crown Court may remit the defendant to a magistrates’ court for sentence after committal for sentence to the Crown Court, or following a guilty plea in the Crown Court, see section 25A of the 2020 Act. Under section 25A(3) of the Act, in deciding whether to remit a defendant the Crown Court must take into account (a) any other related offence before the Crown Court (whether the same, or a different, person is accused or has been convicted of the other offence), and (b) any allocation guideline.\nFor the court’s powers where it convicts a defendant who is subject to a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court, see section 10 of, and Schedules 2 and 16 to, the 2020 Act.\nUnder section 132 of the 2020 Act, a fine imposed or other sum ordered to be paid in the Crown Court is enforceable by a magistrates’ court specified in the order, or from which the case was committed or sent to the Crown Court.\nSee also sections 212(4), 298(4) and 190(4) of the 2020 Act and section 1A(9) of the Street Offences Act 1959.\nSee also rule 9.16 (Sending back or referring case for magistrates’ court trial), which applies to the exercise of the Crown Court’s powers under (a) section 46ZA of the Senior Courts Act 1981, and (b) paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 28.10 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1976 c. 63; section 5 was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45), section 60 of the Criminal Justice Act 1982 (c. 48), paragraph 1 of Schedule 3 to the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 53 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 129(1) of the Criminal Justice and Police Act 2001 (c. 16), paragraph 182 of Schedule 8 to the Courts Act 2003 (c. 39), paragraph 48 of Schedule 3, paragraphs 1 and 2 of Schedule 36, and Parts 2, 4 and 12 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) and section 208 of, and paragraphs 33 and 35 of Schedule 21 to, the Legal Services Act 2007 (c. 27)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2002 c. 29; section 70 was amended by section 41 of, and paragraph 75 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), section 410 of, and paragraphs 181 and 195 of Schedule 24 to, the Sentencing Act 2020 (c. 17) and section 46 of, and paragraph 19 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1980 c. 43; section 10 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 47 of the Crime and Disorder Act 1998 (c. 37)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2020 c. 17."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1980 c. 43; section 89 was amended by section 47 of the Criminal Justice and Public Order Act 1994 (c. 33), paragraphs 95 and 107 of Schedule 13 to the Access to Justice Act 1999 (c. 22), paragraph 225 of Schedule 8 to the Courts Act 2003 (c. 39) and articles 46 and 49 of S.I. 2006/1737. Section 90 was amended by section 47(2) of the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 226 of Schedule 8 to the Courts Act 2003 (c. 39) and articles 46 and 50 of S.I. 2006/1737."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2020 c. 17; section 25A was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1959 c. 57; section 1A was inserted by section 17(1) and (3) of the Policing and Crime Act 2009 (c. 26)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1981 c. 54; section 46ZA was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35)."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "1998 c. 37; paragraph 6 of Schedule 3 was amended by sections 90 and 106 of, and paragraph 179 of Schedule 13 and Schedule 15 to, the Access to Justice Act 1999 (c. 22), sections 41 of, and paragraphs 15 and 20 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), S.I. 2005/886 and paragraphs 20 and 23 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/28.10",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}