Section 29B Subsequent application for order under section 28 or 29F1
England and Wales
Where—
section 28 applies but the court has neither made an order under that section nor complied with subsection (6) of that section, or
section 29 applies but the court has not made an order under that section, and it appears to the prosecutor that the court has not considered the making of an order under that section,
the prosecutor may at any time apply to that court for an order under section 28 or 29.
Subject to subsection (3), on an application under subsection (1)—
in a case falling within subsection (1)(a), the court—
must make an order under section 28 unless it is satisfied as mentioned in subsection (5) of that section, and
if it does not make an order under that section, must comply with subsection (6) of that section,
in a case falling within subsection (1)(b), the court—
must make an order under section 29 if it is satisfied as mentioned in subsection (4) of that section, and
if it does so, must comply with subsection (5) of that section.
Subsection (2) does not enable or require an order under section 28 or 29 to be made where the court is satisfied that it had considered the making of an order under that section at the time when it imposed the qualifying sentence or made the relevant order.
Annotations
Textual amendments
- F1
Ss. 29A, 29B inserted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 2; S.I. 2004/829, art. 3(1)(2)(a)
- F2
Ss. 26-37 repealed (E.W.) (12.10.2009 for specified purposes, 30.3.2010 for specified purposes, 17.6.2013 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 3; S.I. 2010/1101, art. 5; S.I. 2012/2231, art. 4 (with S.I. 2013/1180, art. 2(b))
Notes on Part II
Modifications
- C1
Pt. II applied (E.W.) (11.2.2008 for specified purposes, 20.1.2009 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 3 para. 3(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 4(a); S.I. 2009/39, art. 2(1)(k)