304FSections 304C to 304E: statements in open court

1

Subsections (2) and (3) apply if, in accordance with section 304C or 304D, a court passes or substitutes a lesser sentence than it would have passed if the assistance mentioned in those sections had not been given or offered (a “discounted sentence”).

2

The court must state in open court—

a

that it has passed or substituted a discounted sentence; and

b

what the greater sentence would have been.

3

If the court thinks that it would not be in the public interest to disclose that the sentence is a discounted sentence—

a

subsection (2) does not apply;

b

the court must give written notice of the matters specified in paragraphs (a) and (b) of that subsection to both the prosecutor and the defendant; and

c

section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that it has passed or substituted a discounted sentence.

4

Subsection (5) applies if a court—

a

substitutes a sentence in accordance with section 304E; and

b

thinks that it would not be in the public interest to disclose that the person received a discounted sentence under section 304C or 304D.

5

Section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that the person received a discounted sentence.

304GSections 304D and 304E: exclusion of public from review proceedings

1

This section applies to—

a

proceedings relating to a referral made under section 304D or 304E; and

b

any other proceedings arising in consequence of such proceedings.

2

The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—

a

to exclude a person from the proceedings;

b

to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the referral has been made).

3

The power under subsection (2)(a) does not include power to exclude—

a

a member or officer of the court;

b

a party to the proceedings;

c

a prosecuting officer dealing with the proceedings;

d

counsel or a solicitor for a party to the proceedings;

e

a person otherwise directly concerned with the proceedings.

4

An order under subsection (2) may be made only to the extent that the court thinks—

a

that it is necessary to do so to protect the safety of any person; and

b

that it is in the interests of justice.

5

This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

a

to exclude a person from proceedings; or

b

to restrict the publication of matters relating to proceedings.

304HMeaning of “sentence”

In this Part—

a

“sentence” includes any order made by a court when dealing with an offender in respect of an offence; and

b

a reference to a greater or lesser sentence must be interpreted accordingly.