Re‑sentencing, court’s powers for
136 Re‑sentencing, court’s powers for
For the purposes of subsection (2) a court re‑sentences a person for an offence when it deals with the person under —
section 127(2)(b); or
section 130(1)(a)(iii) or (b); or
section 133(1)(a)(iii) or (b),
for the offence for which the CRO or community order was imposed.
When re‑sentencing the person the court may —
cancel any order forming part of the sentence imposed previously in respect of the offence, whether the order was made under this Act or another written law, other than an order that it was mandatory to make; and
subject to section 135, make any order under this Act or another written law that it could if it had just convicted the person of the offence.
If a superior court deals with a person under section 130 or 133 and the CRO or community order concerned was previously imposed for an offence for which the person had not been convicted on indictment, any order of the superior court under those sections is to be taken, for the purpose of an appeal against sentence, as being an order made following a conviction on indictment.
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