SCHEDULES

SCHEDULE 7E+W+S Pre-consolidation amendments: powers of criminal courts

Commencement Information

I1Sch. 7 wholly in force; Sch. 7 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Criminal Justice Act 1991 (c.53)E+W

43(1)In subsection (3) of section 40 of the 1991 Act (convictions during currency of original sentences), for the words from “for sentence” to the end there shall be substituted the words “ to be dealt with under subsection (3A) below ”.

(2)After that subsection there shall be inserted the following subsections—

“(3A)Where a person is committed to the Crown Court under subsection (3) above, the Crown Court may order him to be returned to prison for the whole or any part of the period which—

(a)begins with the date of the order; and

(b)is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.

(3B)Subsection (3)(b) above shall not be taken to confer on the magistrates’ court a power to commit the person to the Crown Court for sentence for the new offence, but this is without prejudice to any such power conferred on the magistrates’ court by any other enactment.”

(3)In subsection (4) of that section, for the words “subsection (2)” there shall be substituted the words “ subsection (2) or (3A) ”.