SCHEDULES
SCHEDULE 2Order for conditional discharge: commission of further offence
Power of magistrates' court convicting offender of further offence
I15
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.