Part VIIMiscellaneous and General
Derogatory assertions
58Orders in respect of certain assertions
1
This section applies where a person has been convicted of an offence and a speech in mitigation is made by him or on his behalf before—
a
a court determining what sentence should be passed on him in respect of the offence, or
b
a magistrates' court determining whether he should be committed to the Crown Court for sentence.
2
This section also applies where a sentence has been passed on a person in respect of an offence and a submission relating to the sentence is made by him or on his behalf before—
a
a court hearing an appeal against or reviewing the sentence, or
b
a court determining whether to grant leave to appeal against the sentence.
3
Where it appears to the court that there is a real possibility that an order under subsection (8) will be made in relation to the assertion, the court may make an order under subsection (7) in relation to the assertion.
4
Where there are substantial grounds for believing—
a
that an assertion forming part of the speech or submission is derogatory to a person’s character (for instance, because it suggests that his conduct is or has been criminal, immoral or improper), and
b
that the assertion is false or that the facts asserted are irrelevant to the sentence,
the court may make an order under subsection (8) in relation to the assertion.
5
An order under subsection (7) or (8) must not be made in relation to an assertion if it appears to the court that the assertion was previously made—
a
at the trial at which the person was convicted of the offence, or
b
during any other proceedings relating to the offence.
6
Section 59 has effect where a court makes an order under subsection (7) or (8).
7
An order under this subsection—
a
may be made at any time before the court has made a determination with regard to sentencing;
b
may be revoked at any time by the court;
c
subject to paragraph (b), shall cease to have effect when the court makes a determination with regard to sentencing.
8
An order under this subsection—
a
may be made after the court has made a determination with regard to sentencing, but only if it is made as soon as is reasonably practicable after the making of the determination;
b
may be revoked at any time by the court;
c
subject to paragraph (b), shall cease to have effect at the end of the period of 12 months beginning with the day on which it is made;
d
may be made whether or not an order has been made under subsection (7) with regard to the case concerned.
9
For the purposes of subsections (7) and (8) the court makes a determination with regard to sentencing—
a
when it determines what sentence should be passed (where this section applies by virtue of subsection (1)(a));
b
when it determines whether the person should be committed to the Crown Court for sentence (where this section applies by virtue of subsection (1)(b));
c
when it determines what the sentence should be (where this section applies by virtue of subsection (2)(a));
d
when it determines whether to grant leave to appeal (where this section applies by virtue of subsection (2)(b)).