Sentencing Act 2020

Powers of Crown Court with respect to original offence following subsequent conviction

7 (1) Sub-paragraph (2) applies where—

(a) the offender—

(i) is convicted before the Crown Court of an offence committed during the period of conditional discharge, or

(ii) is brought or appears before the Crown Court having been committed by a magistrates’ court for sentence in respect of any such offence, or

(b) the order for conditional discharge was made by the Crown Court and it is proved to the satisfaction of the Crown Court that the offender has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge.

(2) The Crown Court may re-sentence the offender for the original offence.

(3) Any question under this paragraph whether the offender has been convicted of an offence committed during the period of conditional discharge is to be determined by the court and not by the verdict of a jury.

(4) Where the offender is committed to the Crown Court under sub-paragraph (4) of paragraph 5, any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the convicting court (within the meaning of that paragraph)—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates’ court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (certain duties relating to information).