Search Legislation

Senior Courts Act 1981

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 43

 Help about opening options

Changes to legislation:

Senior Courts Act 1981, Section 43 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

43 Power of High Court to vary sentence on [F1application for quashing order].E+W

(1)Where a person who has been sentenced for an offence—

(a)by a magistrates’ court; or

(b)by the Crown Court after being convicted of the offence by a magistrates’ court and committed to the Crown Court for sentence; or

(c)by the Crown Court on appeal against conviction or sentence,

applies to the High Court in accordance with section 31 for an [F2a quashing order] to remove the proceedings of the magistrates’ court or the Crown Court into the High Court, then, if the High Court determines that the magistrates’ court or the Crown Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates’ court or, in a case within paragraph (b), the Crown Court had power to impose.

(2)Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed in the proceedings of the magistrates’ court or the Crown Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed in those proceedings; but in computing the term of the sentence, any time during which the offender was released on bail in pursuance of section 37(1)(d) of the M1Criminal Justice Act 1948 shall be disregarded.

(3)Subsections (1) and (2) shall, with the necessary modifications, apply in relation to any order of a magistrates’ court or the Crown Court which is made on, but does not form part of, the conviction of an offender as they apply in relation to a conviction and sentence.

Back to top

Options/Help