Page:Criminal Law Act 1977.pdf/119

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ADMINISTRATION OF JUSTICE ACT 1973 (c. 15) 1. In section 9(4) (abatement of salaries of holders of certain judicial offices, including the stipendiary magistrates mentioned in subsection (1)(e) and (f), by reference to pensions payable in respect of any public office in the United Kingdom or elsewhere), after “United Kingdom or” insert “, except as respects any holder of judicial office mentioned in subsection (1)(e) or (f) above,”.

2. Paragraph 1 above shall be deemed to have had effect as from the passing of the Administration of Justice Act 1973. POWERS OF CRIMINAL COURTS ACT 1973 (c. 62) 1.—(1) Section 1 (deferment of sentence) shall be amended as follows.

(2) In subsection (2) (under which passing sentence may not be deferred for more than six months after the date of the conviction), for “of the conviction” substitute “on which the deferment is announced by the court”.

(3) After subsection (4) (power of deferring court to pass sentence on offender during period of deferment if he is convicted in Great Britain of another offence) insert—
 * “(4A) If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence (‘the subsequent offence’), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, pass sentence on him for the first-mentioned offence or offences:
 * Provided that—
 * (a) the power conferred by this subsection shall not be exercised by a magistrates’ court if the court which deferred passing sentence was the Crown Court; and
 * (b) the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates’ court, shall not pass any sentence which could not have been passed by a magistrates’ court in exercising it.”.

(4) In subsection (5) (summons to, or warrant for arrest of, offender where the passing of sentence has been deferred) for “it” substitute “or where the offender does not appear on the date so specified, the court”.

(5) For subsection (6) (which, where the trial of an information. is adjourned by way of deferment under the section, excludes the obligation to remand the offender which would in certain circumstances be imposed by section 14(4) of the Magistrates’ Courts Act 1952) substitute—
 * “(6) It is hereby declared that in deferring the passing of sentence under this section a magistrates’ court is to be regarded