73.—(1) Where the court administration officer has arranged for a pre-sentence report to be prepared in advance of the trial, he shall serve a copy on the accused before the opening of proceedings.
(2) Where the prosecutor has obtained a record of the accused’s previous convictions in advance of the trial, he shall serve a copy on the accused and the court administration officer before the opening of proceedings.
74.—(1) This article applies where the court has recorded a finding of guilty or a special finding on any charge.
(2) Where practicable, the prosecutor shall present to the court—
(a)particulars of any conviction (whether under the 1955 Act or otherwise) of which the accused has been found guilty except, in the case of an accused over 21 years of age, any conviction while under 14 years of age, and provided that any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 1974(1) are clearly marked as such; and
(b)particulars of any formal police caution administered to the accused by a constable in England and Wales or Northern Ireland.
(3) Unless the accused requires otherwise, the matters referred to in paragraph (2) above need not be adduced in compliance with the strict rules of evidence.
(4) The court shall consider any pre-sentence report concerning the accused in the possession of the court administration officer.
(5) Where an offence of which the court has found the accused guilty was committed during a period specified in—
(a)an order of conditional discharge previously made against the accused under paragraph 3(1) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957, or
(b)a community supervision order previously made against the accused under paragraph 4(1) of any of those Schedules,
the court shall explain to the accused that it has power to deal with him not only for the offence of which it has found him guilty but also for the offence in respect of which the order for conditional discharge or, as the case may be, the community supervision order was made.
(6) A record of antecedents signed by the person in respect of whom it is made may be accepted in evidence by the court where that person has admitted that he has been found guilty of each offence listed in the record and has had explained to him the purpose for which such admission was sought.
75.—(1) The accused may—
(a)give evidence on oath and call witnesses in mitigation of sentence and as to his character;
(b)produce to the court any document or report; and
(c)address the court in mitigation of sentence.
(2) Unless the prosecutor requires otherwise, the document or report referred to in paragraph (1)(b) above need not be adduced in compliance with the strict rules of evidence.
76.—(1) Where
(a)the accused is under 17 years of age, or
(b)the offence with which the accused is charged is alleged to have been committed during a period of parental recognisance,
the court before it deliberates on its sentence, shall, subject to paragraph (2) below, give any service parent or guardian of the accused who is present an opportunity of being heard, and shall in so doing—
(i)comply with paragraph (4) below, and
(ii)explain the provisions of paragraph (5) below.
(2) The court need not comply with the provisions of paragraph (1) above where it decides that it will not, in deliberating on its sentence, consider exercising any of its powers to make an order or declaration against a service parent or guardian of the accused.
(3) Any parent or guardian of an accused under 17 years of age who is not given the opportunity of being heard under paragraph (1) above may nonetheless, with the leave of the court, be heard before the court deliberates on its sentence.
(4) Where the court is required under paragraph (1) above to comply with this paragraph, it shall explain to any service parent or guardian of the accused who is present such of its powers to make an order or declaration against him as may be relevant to the case.
(5) A parent or guardian who is to be heard under this article may—
(a)give evidence on oath, in which case he shall be treated as a witness in the proceedings;
(b)call witnesses on his behalf, whether or not he gives evidence himself; and
(c)address the court.
77.—(1) Where the magistrate is not sitting alone, the court shall sit in closed court to deliberate on sentence.
(2) Where the court sits in closed court, no person shall be present except the magistrate and any member of the court and assessor sitting with him.
78. The court may, if it thinks that the interests of justice so require and subject to article 53 above, postpone its deliberation on the sentence to be awarded to any accused until—
(a)where two or more accused are tried separately by the same court on charges arising out of the same transaction, it has recorded and announced its findings in respect of all the accused; or
(b)where an accused is to be tried on charges arising out of a different transaction, it has recorded and announced its findings in respect of those charges.
79.—(1) Where the court defers the award of sentence under paragraph 2A of Schedule 5A to the 1955 Act, the deferment shall be announced in open court.
(2) A copy of the order of deferment shall be given to the accused, or served on him within 48 hours of the announcement.
(3) The consent of the accused to deferment of the award of sentence shall be obtained in writing.
(4) The condition under which a court may deal with an accused at a time when the period of deferment ordered in respect of him has not expired is where the court has reason to believe that the offender is, or may be, about to leave the jurisdiction of the court for a period in excess of 42 days.
(5) A certificate of delivery into custody issued in accordance with paragraph 2A(12) of Schedule 5A of the 1955 Act shall be in the form set out in Schedule 2 to this Order.
80.—(1) A separate sentence shall be awarded for each offence—
(a)in respect of which the court has recorded a finding of guilty or a special finding,
(b)which is the subject of re-sentencing by virtue of paragraph 3(3) or 4(9) of Schedule 5A to the 1955 Act, and
(c)upon which the award of sentence was deferred under paragraph 2A of that Schedule.
(2) Subject to the provisions of section 8 of the 1976 Act and section 71A of and Schedule 5A to the 1955 Act, a sentence may consist of—
(a)one or more punishments, and
(b)one or more orders,
(3) Where an accused is being sentenced for more than one offence, and the court makes more than one order against him under paragraphs 3(1) or 4(1) of Schedule 5A to the 1955 Act, the period specified by the court in the second and any subsequent such order shall be concurrent with the period specified by the court in the first such order.
(4) Subject to section 8(2) of the 1976 Act, where an accused is being sentenced for more than one offence and the court awards more than one term of imprisonment or more than one custodial order, any term of imprisonment or any period awarded under a custodial order after the first may be consecutive to, or concurrent with, any term of imprisonment or any period awarded under a custodial order before it.
(5) Where the court has agreed to take into consideration any offence which is not included in the charge sheet, the court shall award a sentence appropriate to any offence of which the accused has been found guilty and to any offence which it is taking into consideration, but (save for any compensation order under paragraph 11 of Schedule 5A to the 1955 Act which it may make in respect of the offence which it is taking into consideration) not greater than the maximum sentence which may be awarded under the 1976 Act for the offence of which the accused has been found guilty.
81.—(1) The sentence and the reasons for it shall be announced in open court, and the date on which it is announced shall be recorded.
(2) The magistrate shall announce when the trial is concluded.
82.—(1) Where the court is required to adjourn the hearing and refer the case to the prosecuting authority by virtue of paragraph 6 of Schedule 3 to the 1976 Act (unfitness to stand trial and insanity), it shall give the prosecuting authority, where reasonably possible—
(a)details of the accused’s condition;
(b)the charge-sheet and the note of proceedings.
83. The magistrate shall ensure that a note of the proceedings is made.
1974 c. 53; sections 2 and 6 were amended, and the Schedule was inserted, by the Armed Forces Act 1996 (c. 46), section 13 and Schedule 4.