# The Criminal Procedure Rules 2025, Rule 28.10: Committal or remission, etc. for sentence

Extent: E+W

(1) This rule applies where a magistrates’ court or the Crown Court (‘the transferring court’)—
(a) commits, remits or transfers a case to another court—
(i) for sentence, or
(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;
(b) deals with a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court; or
(c) makes an order that another court is, or may be, required to enforce.
(2) Unless the transferring court otherwise directs, the court officer must, as soon as practicable—
(a) where paragraph (1)(a) applies, make available to the other court of a record of any relevant—
(i) certificate of conviction,
(ii) magistrates’ court register entry,
(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976,
(iv) note of evidence,
(v) statement or other document introduced in evidence,
(vi) medical or other report,
(vii) representation order or application for such order,
(viii) interim driving disqualification, and
(ix) statement by the court for the purposes of section 70(5) of the Proceeds of Crime Act 2002;
(b) where paragraph (1)(b) or (c) applies, make available to the other court the transferring court’s order; and
(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.
[Note. For the circumstances in which—
(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);
(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;
(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;
(d) a youth court may adjourn the case to a magistrates’ court for sentence, see section 27 of the 2020 Act;
(e) a magistrates’ court may transfer a fine to be enforced to another court, see sections 89 and 90 of the 1980 Act;
(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.
For 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.
Under 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.
See also sections 212(4), 298(4) and 190(4) of the 2020 Act and section 1A(9) of the Street Offences Act 1959.
See 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.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/28.10 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.10/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.