Article 74 Evidence before sentencing

(1)

This article applies where the court has recorded a finding of guilty or a special finding on any charge.

(2)

Where practicable, the prosecutor shall present to the court—

(a)

particulars of any conviction (whether under the 1955 Act or otherwise) of which the accused has been found guilty except, in the case of an accused over 21 years of age, any conviction while under 14 years of age, and provided that any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 1974^f1 are clearly marked as such; and

(b)

particulars of any formal police caution administered to the accused by a constable in England and Wales or Northern Ireland.

(3)

Unless the accused requires otherwise, the matters referred to in paragraph (2) above need not be adduced in compliance with the strict rules of evidence.

(4)

The court shall consider any pre-sentence report concerning the accused in the possession of the court administration officer.

(5)

Where an offence of which the court has found the accused guilty was committed during a period specified in—

(a)

an order of conditional discharge previously made against the accused under paragraph 3(1) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957, or

(b)

a community supervision order previously made against the accused under paragraph 4(1) of any of those Schedules,

the court shall explain to the accused that it has power to deal with him not only for the offence of which it has found him guilty but also for the offence in respect of which the order for conditional discharge or, as the case may be, the community supervision order was made.

(6)

A record of antecedents signed by the person in respect of whom it is made may be accepted in evidence by the court where that person has admitted that he has been found guilty of each offence listed in the record and has had explained to him the purpose for which such admission was sought.

Annotations

Footnotes

f1: 1974 c. 53; sections 2 and 6 were amended, and the Schedule was inserted, by the Armed Forces Act 1996 (c. 46), section 13 and Schedule 4.