Powers of Criminal Courts (Sentencing) Bill [H.L.]

Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued	House of Commons

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	PART VIII
	MISCELLANEOUS AND SUPPLEMENTARY
	Factors to be taken into account in sentencing
Effect of previous convictions and of offending while on bail.	151. - (1) In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.
	(2) In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.
	(3) A probation order or conditional discharge order made before 1st October 1992 (which by virtue of section 2 or 7 of the Powers of Criminal Courts Act 1973 would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.
	(4) A conditional discharge order made after 30th September 1992 (which by virtue of section 1A of the Powers of Criminal Courts Act 1973 or section 12 above would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.
	(5) A conviction in respect of which a probation order was made before 1st October 1992 (which by virtue of section 13 of the Powers of Criminal Courts Act 1973 would otherwise not be a conviction for the purposes of this section) is to be treated as a conviction for those purposes.
	(6) A conviction in respect of which an order discharging the offender absolutely or conditionally was made at any date (which by virtue of section 14 above would otherwise not be a conviction for the purposes of this section) is to be treated as a conviction for those purposes.
Reduction in sentences for guilty pleas.	152. - (1) In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court shall take into account-
	(a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty; and
	(b) the circumstances in which this indication was given.
	(2) If, as a result of taking into account any matter referred to in subsection (1) above, the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, it shall state in open court that it has done so.
	(3) In the case of an offence the sentence for which falls to be imposed under subsection (2) of section 110 or 111 above, nothing in that subsection shall prevent the court, after taking into account any matter referred to in subsection (1) above, from imposing any sentence which is not less than 80 per cent of that specified in that subsection.
Increase in sentences for racial aggravation.	153. - (1) This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (racially-aggravated assaults, racially-aggravated criminal damage, racially-aggravated public order offences and racially-aggravated harassment etc.).
	(2) If the offence was racially aggravated, the court-
	(a) shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
	(b) shall state in open court that the offence was so aggravated.
	(3) Section 28 of the Crime and Disorder Act 1998 (meaning of "racially aggravated") applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.
	Commencement and alteration of Crown Court sentence
Commencement of Crown Court sentence.	154. - (1) A sentence imposed, or other order made, by the Crown Court when dealing with an offender shall take effect from the beginning of the day on which it is imposed, unless the court otherwise directs.
	(2) The power to give a direction under subsection (1) above has effect subject to section 84 above (restriction on consecutive sentences for released prisoners).
	(3) In this section "sentence" and "order" shall be construed in accordance with section 155(8) below.
Alteration of Crown Court sentence.	155. - (1) Subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court when dealing with an offender may be varied or rescinded by the Crown Court within the period of 28 days beginning with the day on which the sentence or other order was imposed or made or, where subsection (2) below applies, within the time allowed by that subsection.
	(2) Where two or more persons are jointly tried on an indictment, then, subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court on conviction of any of those persons on the indictment may be varied or rescinded by the Crown Court not later than the expiry of whichever is the shorter of the following periods, that is-
	(a) the period of 28 days beginning with the date of conclusion of the joint trial;
	(b) the period of 56 days beginning with the day on which the sentence or other order was imposed or made.
	(3) For the purposes of subsection (2) above, the joint trial is concluded on the latest of the following dates, that is any date on which any of the persons jointly tried is sentenced or is acquitted or on which a special verdict is brought in.
	(4) A sentence or other order shall not be varied or rescinded under this section except by the court constituted as it was when the sentence or other order was imposed or made, or, where that court comprised one or more justices of the peace, a court so constituted except for the omission of any one or more of those justices.
	(5) Subject to subsection (6) below, where a sentence or other order is varied under this section the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.
	(6) For the purposes of-
	(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and
	(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act),
	the sentence or other order shall be regarded as imposed or made on the day on which it is varied under this section.
	(7) Crown Court Rules-
	(a) may, as respects cases where two or more persons are tried separately on the same or related facts alleged in one or more indictments, provide for extending the period fixed by subsection (1) above;
	(b) may, subject to the preceding provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by that court.
	(8) In this section-
	"sentence" includes a recommendation for deportation made when dealing with an offender;
	"order" does not include an order under section 17(2) of the Access to Justice Act 1999.
	Disclosure of pre-sentence reports etc.
Disclosure of pre-sentence reports.	156. - (1) This section applies where a court obtains a pre-sentence report.
	(2) Subject to subsections (3) and (4) below, the court shall give a copy of the report-
	(a) to the offender or his counsel or solicitor; and
	(b) to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.
	(3) If the offender is aged under 17 and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.
	(4) If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.
	(5) No information obtained by virtue of subsection (2)(b) above shall be used or disclosed otherwise than for the purpose of-
	(a) determining whether representations as to matters contained in the report need to be made to the court; or
	(b) making such representations to the court.
Other reports of probation officers and members of youth offending teams.	157. - (1) This section applies where-
	(a) a report by a probation officer or a member of a youth offending team is made to any court (other than a youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence; and
	(b) the report is not a pre-sentence report (as defined by section 162 below).
	(2) Subject to subsection (3) below, the court shall give a copy of the report to the offender or his counsel or solicitor.
	(3) If the offender is aged under 17 and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.

Prepared 19 April 2000