Powers of Criminal Courts Act 1973 (repealed)

Preliminary E+W

1 Deferment of sentence. E+W

(1) Subject to the provisions of this section, the Crown Court or a magistrates’ court may defer passing sentence on an offender for the purpose of enabling the court [F1 or any other court to which it falls to deal with him to have regard, in dealing with him], to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.

(2) Any deferment under this section shall be until such date as may be specified by the court, not being more than six months after the date [F2 on which the deferment is announced by the court]; and [F3 ,subject to subsection (8A) below,] where the passing of sentence has been deferred under this section it shall not be further deferred thereunder.

(3) The power conferred by this section shall be exercisable only if the offender consents and the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.

(4) A court which under this section has deferred passing sentence on an offender may [F4 deal with] him before the expiration of the period of deferment if during that period he is convicted in Great Britain of any offence.

[F5 (4A) If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence ("the subsequent offence’), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, [F6 deal with] him for the first-mentioned offence or offences:

Provided that—

(a) the power conferred by this subsection shall not be exercised by a magistrates’ court if the court which deferred passing sentence was the Crown Court; and

(b) the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates’ court, shall not pass any sentence which could not have been passed by a magistrates’ court in exercising it.]

(5) Where a court which under this section has deferred passing sentence on an offender proposes to [F7 deal with] him, whether on the date originally specified by the court or by virtue of subsection (4) above before that date, [F2 or where the offender does not appear on the date specified, the court] may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest.

[F8 (6) It is hereby declared that in deferring the passing of sentence under this section a magistrates’ court is to be regarded as exercising the power of adjourning the trial which is conferred by [F9 section 10(1) of the Magistrates’ Courts Act 1980], and that accordingly [F9 sections 11(1) and 13(1), (2) and (5) of that Act] (non-appearance of the accused) [F10 apply] (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.

(6A) Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.]

(7) Nothing in this section shall affect the power of the Crown Court to bind over an offender to come up for judgment when called upon or the power of any court to defer passing sentence for any purpose for which it may lawfully do so apart from this section.

[F11 (8) The power of a court under this section to deal with an offender in a case where the passing of sentence has been deferred thereunder—

(a) includes power to deal with him in any way in which the court which deferred passing sentence could have dealt with him; and

(b) without prejudice to the generality of the foregoing, in the case of a magistrates’ court, includes the power conferred by sec-tion 37 or 38 of the Magistrates’ Courts Act 1980 to commit him to the Crown Court for sentence.

(8A) Where, in a case where the passing of sentence on an offender in respect of one or more offences has been deferred under this section, a magistrates’ court deals with him by committing him to the Crown Court under section 37 or 38 of the Act of 1980, the power of the Crown Court to deal with him includes the same power to defer passing sentence on him as if he had just been convicted of the offence or offences on indictment before the court.]

Textual Amendments

F1 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(a)

F2 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F3 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(b)

F4 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(c)(i)

F5 S. 1(4A) inserted by Criminal Law Act 1977 (c. 45), Sch. 12

F6 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(c)(ii)

F7 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(c)(iii)

F8 S. 1(6)(6A) substituted for s. 1(6) by Criminal Law Act 1977 (c. 45), Sch. 12

F9 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 119

F10 Word substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 119

F11 S. 1(8)(8A) substituted for s. 1(8) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(d)