(1)In deferring the passing of sentence under section 1 above a magistrates' court shall be regarded as exercising the power of adjourning the trial conferred by section 10(1) of the Magistrates' Courts Act 1980, and accordingly sections 11(1) and 13(1) to (3A) and (5) of that Act (non-appearance of the accused) apply (without prejudice to section 1(7) above) if the offender does not appear on the date specified under section 1(4) above.
(2)Where the passing of sentence on an offender has been deferred by a court (“the original court”) under section 1 above, the power of that court under that section to deal with the offender at the end of the period of deferment and any power of that court under section 1B(1) or 1C(1) above, or of any court under section 1C(3) above, to deal with the offender—
(a)is power to deal with him, in respect of the offence for which passing of sentence has been deferred, in any way in which the original court could have dealt with him if it had not deferred passing sentence; and
(b)without prejudice to the generality of paragraph (a) above, in the case of a magistrates' court, includes the power conferred by section 3 below to commit him to the Crown Court for sentence.
(3)Where—
(a)the passing of sentence on an offender in respect of one or more offences has been deferred under section 1 above, and
(b)a magistrates' court deals with him in respect of the offence or any of the offences by committing him to the Crown Court under section 3 below,
the power of the Crown Court to deal with him includes the same power to defer passing sentence on him as if he had just been convicted of the offence or offences on indictment before the court.
(4)Subsection (5) below applies where—
(a)the passing of sentence on an offender in respect of one or more offences has been deferred under section 1 above;
(b)it falls to a magistrates' court to determine a relevant matter; and
(c)a justice of the peace is satisfied—
(i)that a person appointed under section 1A(2)(b) above to act as a supervisor in relation to the offender is likely to be able to give evidence that may assist the court in determining that matter; and
(ii)that that person will not voluntarily attend as a witness.
(5)The justice may issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence.
(6)For the purposes of subsection (4) above a court determines a relevant matter if it—
(a)deals with the offender in respect of the offence, or any of the offences, for which the passing of sentence has been deferred; or
(b)determines, for the purposes of section 1B(1)(b) above, whether the offender has failed to comply with any requirements imposed under section 1(3)(b) above.]
Textual Amendments
F1Ss. 1-1D substituted for s. 1-2 (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 23 para. 1; S.I. 2005/950, art. 2(1), Sch. 1 para. 20 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))