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Part IIIE+W Miscellaneous and General

50 Meaning of “sentence”.E+W

[F1(1)In this Act “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including, in particular—

(a)a hospital order under Part III of the M1Mental Health Act 1983, with or without a restriction order;

(b)an interim hospital order under that Part;

(c)a recommendation for deportation;

(d)a confiscation order under the [F2Drug Trafficking Act 1994] other than one made by the High Court;

(e)a confiscation order under Part VI of the M2Criminal Justice Act 1988;

(f)an order varying a confiscation order of a kind which is included by virtue of paragraph (d) or (e) above;

(g)an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of [F3section 19 of the Act of 1994]; and

(h)a declaration of relevance under the M3Football Spectators Act 1989.]

[F4(1A)[F5Section 1C] of the Powers of Criminal Courts Act 1973 (under which a conviction of an offence for which F6. . . an order for a conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.]

(2)Any power of the criminal division of the Court of Appeal to pass a sentence includes a power to make a recommendation for deportation in cases where the court from which the appeal lies had power to make such a recommendation.