Sentencing Act 2020

Power of magistrates’ court convicting offender of further offence

5 (1) This paragraph applies where the offender is convicted by a magistrates’ court (“the convicting court”) of an offence committed during the period of conditional discharge.

(2) If the order for conditional discharge was made by the convicting court, that court may re-sentence the offender for the original offence.

(3) If the order for conditional discharge was made by another magistrates’ court, the convicting court may, with the consent of the court which made the order, re-sentence the offender for the original offence.

(4) If the order for conditional discharge was made by the Crown Court, the convicting court—

(a) may commit the offender in custody or on bail to the Crown Court, and

(b) if it does so, must send the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the designated officer by whom the register is kept.

(5) In sub-paragraph (4), the “register” means the register of proceedings before a magistrates’ court required by the Criminal Procedure Rules to be kept by the designated officer of the court.

(6) For powers of the convicting court, where it commits a person under sub-paragraph (4), to commit a person to the Crown Court in respect of other offences, see section 20.