Criminal Justice (Miscellaneous Provisions) Act 2023
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Amendment of section 2 of Criminal Justice Act 1993 | ||
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61. (1) Section 2 of the Criminal Justice Act 1993 is amended by the insertion of the following subsections after subsection (4): | ||
“(5) Where the convicted person in relation to whom an application under this section is made is a person who was under the age of 18 years when the sentence was imposed on him by the sentencing court concerned and he has attained the age of 18 years on or before the date on which the application is determined by the Court, the reference in subsection (3)(a) to a sentence which could have been imposed on him by the sentencing court concerned shall be construed as a reference to a sentence which could have been imposed on him by the sentencing court concerned had he attained that age at the time when the sentence was so imposed. | ||
(6) Where subsection (5) applies and the application under this section is in respect of a sentence imposed on a person convicted of treason or murder before the person has attained the age of 18 years, the Court may, notwithstanding section 2 of the Criminal Justice Act 1990 , impose such sentence as it considers appropriate.”. | ||
(2) The amendments of section 2 of the Criminal Justice Act 1993 effected by subsection (1) shall apply in respect of an application under that section that— | ||
(a) is brought on or after the date of the coming into operation of this section, or | ||
(b) has been brought before the date of the coming into operation of this section where final judgment has not been given before that date. |