Page:Criminal Law Act 1977.pdf/91

Sch. 7

Court, the term of imprisonment which may be imposed under this Act shall be—

(a) the term fixed in pursuance of section 31 of the 1973 c. 62.Powers of Criminal Courts Act 1973 by the Crown Court, or

(b) a term which bears the same proportion to the term so fixed as the amount of the fine remaining due bears to the amount imposed by that court,

notwithstanding that the term exceeds the period applicable to the case under Schedule 4.”.

Section 41.

SCHEDULE 8
Transfer of Remand Hearings

1. A court which, on adjourning a case, makes an order under section 41(1) above is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.

2. Where an order under subsection (1) of section 41 above is made in the course of proceedings which, for the purposes of section 3 of the 1967 c. 80.Criminal Justice Act 1967 (reporting restrictions and their removal), are committal proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.

3. A court making an order under subsection (1) of section 41 above or remanding the accused under subsection (4) shall at once notify the court before which the accused is to be brought as to the terms of the order or remand.

4. A person to whom an order under section 41(1) above applies shall, if released on bail, be bailed to appear before the court which made the order.

5. Section 41 above and this Schedule have effect notwithstanding anything in sections 6 and 14 of the 1952 c. 55.Magistrates’ Courts Act 1952 or section 19(4) above.

Section 47.

SCHEDULE 9
Matters ancillary to Section 47

Probation orders

1. Where a court makes an order under section 47 (1) above with respect to a sentence of imprisonment, it shall not make a probation order in the offender’s case in respect of another offence of which he is convicted by or before that court, or for which he is dealt with by that court.

Courts competent to restore sentence held in suspense

2.—(1) In relation to a sentence of imprisonment part of which is held in suspense, the courts competent under section 47(3) above are—

(a) the Crown Court; and

(b) where the sentence was passed by a magistrates’ court, any