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In forceAmended2020 Revised Edition
Contents

Part 7 · The Charge

148. Outstanding offences

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Amended

Last amended by an amending law of 2019. 2 amendments in all.

(1)

If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed.

(2)

If the outstanding offences mentioned in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action.

(3)

The General Division of the High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, even though no transmission proceedings under Division 5 of Part 10 have been held in respect of those outstanding offences.

(4)

When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record.

(5)

After being sentenced, the accused may not, unless the accused’s conviction for the original offence under subsection (1) is set aside, be charged or tried for any offence that the court had taken into consideration under this section.

Report

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules