Criminal Appeal Act 1995

26 Extension of power of courts in England and Wales. E+W

(1) Section 142 of the M1 Magistrates’ Courts Act 1980 (power of magistrates’ courts to re-open cases to rectify mistakes etc.) shall be amended as follows.

(2) In subsection (1) (power, subject to subsection (4), to vary or rescind a sentence or other order), for the words from the beginning to “offender;” substitute “ A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; ”.

(3) After that subsection insert—

“(1A) The power conferred on a magistrates’ court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—

(a) the Crown Court has determined an appeal against—

(i) that sentence or order;

(ii) the conviction in respect of which that sentence or order was imposed or made; or

(iii) any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or

(b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.”

(4) In subsection (2) (power, subject to subsection (4), to direct that a person’s case be re-heard by different justices where he pleaded not guilty or the court proceeded in his absence)—

(a) for the words from “found guilty” to “section 11(1) above,” substitute “ convicted by a magistrates’ court ”, and

(b) omit “, subject to subsection (4) below,”.

(5) After that subsection insert—

“(2A) The power conferred on a magistrates’ court by subsection (2) above shall not be exercisable in relation to a conviction if—

(a) the Crown Court has determined an appeal against—

(i) the conviction; or

(ii) any sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of the conviction; or

(b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.”

(6) In subsection (3) (effect of directions under subsection (2)), for “finding of guilty” substitute “ conviction ”.

(7) Omit subsection (4) (powers in subsections (1) and (2) to be exercisable only within 28 days of making of sentence or order or finding of guilty and only by a similarly constituted court).

Marginal Citations

M1 1980 c. 43.