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Sentencing Act 2020

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Changes over time for: Cross Heading: Offender before magistrates' court: further conviction

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Sentencing Act 2020, Cross Heading: Offender before magistrates' court: further conviction is up to date with all changes known to be in force on or before 24 November 2024. 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

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Offender before magistrates' court: further convictionE+W

11(1)Where—E+W

(a)an offender is convicted of an offence committed during the operational period of a suspended sentence order (and the suspended sentence has not already taken effect),

(b)the suspended sentence order was made by a magistrates' court, and

(c)the offender is before a magistrates' court (“the present court”), whether on conviction of that other offence or subsequently,

the present court must deal with the case under paragraph 13.

(2)Where an offender is convicted by a magistrates' court of any offence (“the new offence”) which the court is satisfied was committed during the operational period of a suspended sentence order made by the Crown Court, the court—

(a)may commit the offender in custody or on bail to the Crown Court, and

(b)if it does not, must give written notice of the conviction to the appropriate officer of the Crown Court.

(3)Sub-paragraph (1) does not apply to the present court if it commits the offender to the Crown Court under section 20 (which confers power for magistrates' court to commit to Crown Court in certain circumstances in respect of the suspended sentence where it commits in respect of new offence) to be dealt with in respect of the suspended sentence order.

(4)Where a magistrates' court commits a person to the Crown Court under sub-paragraph (2)(a), any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the magistrates' court—

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

(b)is instead to be discharged or may instead [F1be] 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 (duties relating to information).

Textual Amendments

Commencement Information

I1Sch. 16 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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