- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 01/10/1992
Point in time view as at 01/02/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Powers of Criminal Courts Act 1973 (repealed), Section 29.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)For the purposes of section 28(3)(a) of this Act a certificate purporting to be signed by the governor of a prison to the effect—
(a)that a prisoner was finally released from that prison on a date specified in the certificate after serving a sentence so specified; or
(b)that a prisoner had not been finally released from that prison on a date so specified after serving a sentence so specified;
shall be evidence of the matter so certified.
(2)For the purposes of section 28(3)(b) of this Act a person who has been convicted by a magistrates’ court of an indictable offence and sentenced for that offence—
(a)by the Crown Court, or on appeal from the Crown Court, to imprisonment; or
(b)by a court of quarter sessions, or on appeal from such a court, to imprisonment, corrective training or preventive detention;
shall be treated as if he had been convicted of that offence on indictment.
(3)For the purpose of determining whether the conditions specified in section 28(3) of this Act are satisfied in relation to an offender no account shall be taken of any previous conviction or sentence unless notice has been given to the offender at least three days before the later sentence is passed on him that it is intended to prove the previous conviction or sentence to the court.
(4)For the purpose of subsection (3) above a certificate purporting to be signed by a constable or a prison officer that a copy of a notice annexed to the certificate was given to an offender shall be evidence that it was so given and of the contents of the notice.
(5)In this section and in section 28 of this Act “final release” includes a release on licence under section 60 or 61 of the M1Criminal Justice Act 1967, but does not include any temporary discharge.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(7)A person sentenced to an extended term of imprisonment under section 28 of this Act and transferred under section 26 of the M2Criminal Justice Act 1961 to Scotland or Northern Ireland shall, notwithstanding anything in section 26(4) (treatment of prisoners so transferred) be treated as if an extended sentence certificate had not been issued in respect of him.
Textual Amendments
F1S. 29(6) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: