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PENALTIES AND SENTENCES ACT 1992 - SECT 161I
Amendment of certificate by court to include related offence for which offender is sentenced later
161I Amendment of certificate by court to include related offence for which
offender is sentenced later
(1) This section applies if— (a) a court is imposing a sentence on an
offender for a serious drug offence (the
"later offence" ); and
(b) a serious drug offence certificate has already
been issued by a court for a serious drug offence (the
"earlier offence" ) of which the person is convicted; and
(c) the court is
satisfied on the balance of probabilities the later offence would be a related
offence in relation to the earlier offence if the offender had been sentenced
for both offences at the same time.
(2) The later offence is taken to be a
related offence in relation to the earlier offence and any other related
offences for which a serious drug offence certificate was not issued under
section 161G (3) .
(3) The court must amend the serious drug offence
certificate issued for the earlier offence— (a) if the later offence is the
most serious related offence—so the certificate is issued for the
later offence and to list the earlier offence as a related offence for which a
serious drug offence certificate is not issued under subsection (2) ; or
(b)
otherwise—to list the later offence as a related offence for which a serious
drug offence certificate is not issued under subsection (2) .
(4) The court
must hear any submission made by the offender or an authorised officer about
whether the later offence is a related offence and how the serious drug
offence certificate should be amended.
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