Editorial Information
X1The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1(1)Section 1 (deferment of sentence) shall be amended as follows.
(2)In subsection (2) (under which passing sentence may not be deferred for more than six months after the date of the conviction), for “of the conviction” substitute “on which the deferment is announced by the court”.
(3)After subsection (4) (power of deferring court to pass sentence on offender during period of deferment if he is convicted in Great Britain of another offence) insert—
“(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, pass sentence on 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.”.
(4)In subsection (5) (summons to, or warrant for arrest of, offender where the passing of sentence has been deferred) for “it” substitute “or where the offender does not appear on the date so specified, the court”.
(5)For sub-section (6) (which, where the trial of an information is adjourned by way of deferment under the section, excludes the obligation to remand the offender which would in certain circumstances be imposed by section 14(4) of the M1 Magistrates’ Courts Act 1952) substitute—
“(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 coferred by section 14(1) of the Magistrates’ Courts Act 1952, and that accordingly section 15 of that Act (non-appearance of the accused) applies (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.”.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Para. 1(6) of the entry relating to Powers of Criminal Courts Act 1973 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
Marginal Citations
2E+WFor section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—
“(b)where the order requires the offender to reside in an approved probation hostel or any other institution, the period for which he is so required to reside shall be specified in the order.”.
3E+WIn section 9(1) (breach of conditional discharge by young offenders)—
(a)for the words from “not being” to “1952” substitute “triable only on indictment in the case of an adult.”;
(b)for the words from “such an offence” onwards substitute “an offence triable either way and had been tried summarily.”.
4In section 15(2) (period within which work under a community service order is to be performed), at the end add “; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.”.
5E+WIn section 17(3) (power of Crown Court to revoke or vary community service orders), for the words from the beginning to “and it appears to the Crown Court” substitute—
“(3)Where an offender in respect of whom such an order is in force—
(a)is convicted of an offence before the Crown Court; or
(b)is committed by a magistrates’ court to the Crown Court for sentence and is brought or appears before the Crown Court; or
(c)by virtue of subsection (2)(b) above is brought or appears before the Crown Court,
and it appears to the Crown Court”.
F26E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 12: in the entry relating to the Powers of Criminal Courts Act 1973, paras. 6,7,8,9 and 11 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch. 4
F37E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 12: in the entry relating to the Powers of Criminal Courts Act 1973, paras. 6,7,8,9 and 11 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch. 4
F48E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 12: in the entry relating to the Powers of Criminal Courts Act 1973, paras. 6,7,8,9 and 11 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch. 4
F59E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 12: in the entry relating to the Powers of Criminal Courts Act 1973, paras. 6,7,8,9 and 11 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch. 4
10E+WParagraph 3(2)(b) of Schedule 1 (which precludes a supervising court from amending a probation order so as to require residence in an institution for more than twelve months in all) shall be omitted.
F611E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 12: in the entry relating to the Powers of Criminal Courts Act 1973, paras. 6,7,8,9 and 11 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4