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Commencement Orders bringing legislation that affects this Act into force:
(1)Where a person has been convicted of an offence by a magistrates’ court in England and Wales, the Commission—
(a)may at any time refer the conviction to the Crown Court, and
(b)(whether or not they refer the conviction) may at any time refer to the Crown Court any sentence imposed on, or in subsequent proceedings relating to, the conviction.
(2)A reference under subsection (1) of a person’s conviction shall be treated for all purposes as an appeal by the person under section 108(1) of the M1Magistrates’ Courts Act 1980 against the conviction (whether or not he pleaded guilty).
(3)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person’s conviction shall be treated for all purposes as an appeal by the person under section 108(1) of the Magistrates’ Courts Act 1980 against—
(a)the sentence, and
(b)any other sentence imposed on, or in subsequent proceedings relating to, the conviction or any related conviction.
(4)On a reference under subsection (1) of a person’s conviction the Commission may give notice to the Crown Court that any related conviction which is specified in the notice is to be treated as referred to the Crown Court under subsection (1).
(5)For the purposes of this section convictions are related if they are convictions of the same person by the same court on the same day.
(6)On a reference under this section the Crown Court may not award any punishment more severe than that awarded by the court whose decision is referred.
(7)The Crown Court may grant bail to a person whose conviction or sentence has been referred under this section; and any time during which he is released on bail shall not count as part of any term of imprisonment or detention under his sentence.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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