F1Pt. II amendment to earlier affecting provision 1982 c. 48, Sch 13 para. 7 (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 72(2) (with Sch. 27); S.I. 2020/1236, reg. 2
33.—(1) In determining what sentence to pass on an offender who has pleaded guilty to an offence a court shall take into account—
(a)the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and
(b)the circumstances in which this indication was given.
(2) If, as a result of taking into account any matter referred to in paragraph (1), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, it shall state in open court that it has done so.
Art. 34 rep. by 2003 NI 13
Art. 35 rep. by 2003 NI 13
36.—(1) Nothing in this Part [F2or Part 2 of the Criminal Justice (Northern Ireland) Order 2008] shall prevent a court from mitigating an offender's sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
(2) Without prejudice to the generality of paragraph (1), nothing in this Part shall prevent a court—
(a)from mitigating any penalty included in an offender's sentence by taking into account any other penalty included in that sentence; or
(b)in a case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.
(3) Nothing in this Part shall be taken—
(a)as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender; or
(b)as restricting any power (whether under the [1986 NI 4.] Mental Health (Northern Ireland) Order 1986 or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
F2Words in art. 36(1) inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 7(7); S.R. 2008/217, art. 2, Sch. (subject to saving in art. 3(1)(2)(b)(ii))
37.—(1) In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.
(2) In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.
(3) A probation order or conditional discharge order made before 1 the coming into operation of this Part (which, by virtue of section 1 or 5 of the [1950 c. 7 (N.I.).] Probation Act (Northern Ireland) 1950, would otherwise not be a sentence for the purposes of this Article) is to be treated as a sentence for those purposes.
(4) A conviction in respect of which a probation order or an order discharging the offender absolutely or conditionally was made before the coming into operation of this Part (which, by virtue of section 8 of that Act, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.
(5) A conditional discharge order made after the coming into operation of this Part (which, by virtue of Article 4 would otherwise not be a sentence for those purposes) is to be treated as a sentence for those purposes.
(6) A conviction in respect of which an order discharging the offender absolutely or conditionally was made after the coming into operation of this Part (which, by virtue of Article 6, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.