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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Murray, R. v [2021] EWCA Crim 1441 (22 September 2021) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2021/1441.html Cite as: [2021] EWCA Crim 1441 |
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CRIMINAL DIVISION
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE BRYAN
MR JUSTICE CHOUDHURY
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REGINA | ||
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SAM MURRAY |
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Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: [email protected]
(Official Shorthand Writers to the Court)
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Crown Copyright ©
MR JUSTICE CHOUDHURY:
"Powers of Crown Court following subsequent conviction
23(1) This paragraph applies where—
(a) an offender in respect of whom a community order is in force—
is convicted of an offence by the Crown Court ...
(b) it appears to the Crown Court that it would be in the interests of justice to exercise its powers under this paragraph, having regard to circumstances which have arisen since the community order was made.
(2) The Crown Court may—
(a) revoke the order, or
(b) both —
revoke the order, and
deal with the offender, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made ...
"Powers to re-sentence
(1) Where under this Code a court has power to re-sentence an offender for an offence, the court may deal with the offender in any way in which it could deal with the offender—
(a) if the offender had just been convicted by or before it of the offence, and
(b) in a case where the offender was aged under 18 when in fact convicted of the offence, as if the offender were the same age as when in fact convicted.
(2) But where under this Code the Crown Court has power to re-sentence an offender for an offence and subsection (3) applies, the power of the Crown Court is power to deal with the offender in any way in which a magistrates' court could deal with the offender for the offence if—
(a) the offender had just been convicted by the magistrates' court of the offence, and
(b) in a case where the offender was aged under 18 when in fact convicted of the offence, the offender were the same age as when in fact convicted.
(3) This subsection applies where—
(a) the Crown Court's power to re-sentence the offender for the offence is exercisable—
where the Crown Court revokes another order previously made in respect of the offence, or
where an order for conditional discharge has previously been made in respect of the offence, by virtue of a further offence committed during the period of conditional discharge, and
(b) the previous order was made—
by a magistrates' court, or
by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates' court on convicting the offender of the offence."