The Standing Civilian Courts Order 1997

Form of sentence

80.—(1) A separate sentence shall be awarded for each offence—

(a) in respect of which the court has recorded a finding of guilty or a special finding,

(b) which is the subject of re-sentencing by virtue of paragraph 3(3) or 4(9) of Schedule 5A to the 1955 Act, and

(c) upon which the award of sentence was deferred under paragraph 2A of that Schedule.

(2) Subject to the provisions of section 8 of the 1976 Act and section 71A of and Schedule 5A to the 1955 Act, a sentence may consist of—

(a) one or more punishments, and

(b) one or more orders,

(3) Where an accused is being sentenced for more than one offence, and the court makes more than one order against him under paragraphs 3(1) or 4(1) of Schedule 5A to the 1955 Act, the period specified by the court in the second and any subsequent such order shall be concurrent with the period specified by the court in the first such order.

(4) Subject to section 8(2) of the 1976 Act, where an accused is being sentenced for more than one offence and the court awards more than one term of imprisonment or more than one custodial order, any term of imprisonment or any period awarded under a custodial order after the first may be consecutive to, or concurrent with, any term of imprisonment or any period awarded under a custodial order before it.

(5) Where the court has agreed to take into consideration any offence which is not included in the charge sheet, the court shall award a sentence appropriate to any offence of which the accused has been found guilty and to any offence which it is taking into consideration, but (save for any compensation order under paragraph 11 of Schedule 5A to the 1955 Act which it may make in respect of the offence which it is taking into consideration) not greater than the maximum sentence which may be awarded under the 1976 Act for the offence of which the accused has been found guilty.