60Evidence of offences taken into account in sentencing

60 Evidence of offences taken into account in sentencing account in making a sentence-related order for the offender for the (2) The fact that the additional offence has been taken into account is admissible in a criminal proceeding if— (a) the fact that the offender has been convicted or found guilty of the principal offence is admissible in the proceeding; and (b) had the offender been convicted or found guilty of the additional offence, that fact would have been admissible in the proceeding. (3) For subsection (2), a fact is admissible in a criminal proceeding if— (a) reference may be made to the fact in the proceeding; or (b) evidence may be given of the fact in the proceeding. (4) The fact that the additional offence has been taken into account may be proved in the same way as the finding of guilt or conviction for the Part 4.5 Correction and adjustment of penalties Part 4.5 Correction and adjustment of penalties 61 Reopening proceedings to correct penalty errors (1) This section applies to a criminal proceeding (including a proceeding on appeal) in which a court has— (a) made a sentence-related order that is contrary to law; or (b) failed to make a sentence-related order that is required to be made by law. (2) This section applies whether or not anyone has been convicted or found guilty of an offence in the proceeding. (3) The court may reopen the proceeding (on the application of a party to the proceeding, or on its own initiative) and may, after giving the parties an opportunity to be heard, do either or both of the following: (a) make a sentence-related order that is in accordance with law; (b) amend any relevant finding of guilt, conviction, sentence or (4) For this section, the court may issue a warrant for the arrest of a person charged in the proceeding if— (a) the court considers that the person will not appear unless the warrant is issued; or (b) the person fails to appear when the court calls on the person to appear. (5) For an appeal under any Act against a sentence-related order made under this section, the time within which the appeal must be made starts on the day the order is made. (6) However, this section does not otherwise affect any right of appeal. Correction and adjustment of penalties Part 4.5 sentence-related order— (a) see section 55 (Application—pt 4.4); and (b) includes an ancillary order within the meaning of section 58 (Ancillary orders relating to offences taken into account in sentencing). Part 4.6 Sentencing—schedule offence with criminal group