sec.189Outstanding offences may be taken into account in imposing sentence

### sec.189 Outstanding offences may be taken into account in imposing sentence A court that sentences an offender for an offence may proceed under this section if— the prosecution consents; and it is satisfied that— there has been lodged in court a form that includes, or has attached, a list of other offences, that are not excluded offences, that it is alleged the offender has committed but of which the offender has not been convicted; and a copy of the form has been given to the offender; and in all the circumstances of the case it is proper to do so. The court may take all or any of the offences contained in the list mentioned in subsection (1) (b) (i) into account if the offender— is represented by counsel or a solicitor; and pleads guilty to the offences; and asks that they be taken into account by the court in imposing sentence for the offence of which the person has been convicted. The court must not impose a sentence that is more than the maximum sentence that may be imposed for the offence of which the person has been convicted. The court must certify on the form mentioned in subsection (1) (b) (i) the offences mentioned in the list that have been taken into account in imposing sentence on the offender. Subject to subsection (6) , proceedings or further proceedings for offences contained in the certification mentioned in subsection (4) can not be taken against the offender. Proceedings or further proceedings mentioned in subsection (5) may be taken if the court’s decision is quashed or set aside. If the court’s decision is quashed or set aside, an admission of guilt for an offence made by the offender for the purposes of this section is not admissible in evidence— in proceedings or further proceedings taken against the offender; or in proceedings or further proceedings for the offence if the offence was not taken into account under this section in imposing sentence. Subject to section 35 (4) , an offence taken into account under this section in imposing sentence on an offender for another offence must not, because it was taken into account, be regarded for any purpose as an offence of which the offender has been convicted. If, under this section, an offence is taken into account in imposing sentence on an offender for another offence, then, in criminal proceedings— if reference may lawfully be made to the fact that the person was convicted of the other offence—reference may also be made to the fact that the first offence was taken into account; and if evidence may lawfully be given of the fact that the offender was convicted of the other offence—evidence may also be given of the fact that the first offence was taken into account. The fact that an offence was taken into account may be proved in the same way as the conviction for the offence in relation to which it was taken into account may be proved. Subsection (8) has effect despite subsection (9) . In this section— excluded offence means an offence against section 123 (1) if the community based order to which the offence relates is a graffiti removal order. s 189 amd 1993 No. 36 s 2 sch 1 ; 2013 No. 31 s 62 (sec.189-ssec.1) A court that sentences an offender for an offence may proceed under this section if— the prosecution consents; and it is satisfied that— there has been lodged in court a form that includes, or has attached, a list of other offences, that are not excluded offences, that it is alleged the offender has committed but of which the offender has not been convicted; and a copy of the form has been given to the offender; and in all the circumstances of the case it is proper to do so. (sec.189-ssec.2) The court may take all or any of the offences contained in the list mentioned in subsection (1) (b) (i) into account if the offender— is represented by counsel or a solicitor; and pleads guilty to the offences; and asks that they be taken into account by the court in imposing sentence for the offence of which the person has been convicted. (sec.189-ssec.3) The court must not impose a sentence that is more than the maximum sentence that may be imposed for the offence of which the person has been convicted. (sec.189-ssec.4) The court must certify on the form mentioned in subsection (1) (b) (i) the offences mentioned in the list that have been taken into account in imposing sentence on the offender. (sec.189-ssec.5) Subject to subsection (6) , proceedings or further proceedings for offences contained in the certification mentioned in subsection (4) can not be taken against the offender. (sec.189-ssec.6) Proceedings or further proceedings mentioned in subsection (5) may be taken if the court’s decision is quashed or set aside. (sec.189-ssec.7) If the court’s decision is quashed or set aside, an admission of guilt for an offence made by the offender for the purposes of this section is not admissible in evidence— in proceedings or further proceedings taken against the offender; or in proceedings or further proceedings for the offence if the offence was not taken into account under this section in imposing sentence. (sec.189-ssec.8) Subject to section 35 (4) , an offence taken into account under this section in imposing sentence on an offender for another offence must not, because it was taken into account, be regarded for any purpose as an offence of which the offender has been convicted. (sec.189-ssec.9) If, under this section, an offence is taken into account in imposing sentence on an offender for another offence, then, in criminal proceedings— if reference may lawfully be made to the fact that the person was convicted of the other offence—reference may also be made to the fact that the first offence was taken into account; and if evidence may lawfully be given of the fact that the offender was convicted of the other offence—evidence may also be given of the fact that the first offence was taken into account. (sec.189-ssec.10) The fact that an offence was taken into account may be proved in the same way as the conviction for the offence in relation to which it was taken into account may be proved. (sec.189-ssec.11) Subsection (8) has effect despite subsection (9) . (sec.189-ssec.12) In this section— excluded offence means an offence against section 123 (1) if the community based order to which the offence relates is a graffiti removal order. - (a) the prosecution consents; and - (b) it is satisfied that— (i) there has been lodged in court a form that includes, or has attached, a list of other offences, that are not excluded offences, that it is alleged the offender has committed but of which the offender has not been convicted; and (ii) a copy of the form has been given to the offender; and (iii) in all the circumstances of the case it is proper to do so. - (i) there has been lodged in court a form that includes, or has attached, a list of other offences, that are not excluded offences, that it is alleged the offender has committed but of which the offender has not been convicted; and - (ii) a copy of the form has been given to the offender; and - (iii) in all the circumstances of the case it is proper to do so. - (i) there has been lodged in court a form that includes, or has attached, a list of other offences, that are not excluded offences, that it is alleged the offender has committed but of which the offender has not been convicted; and - (ii) a copy of the form has been given to the offender; and - (iii) in all the circumstances of the case it is proper to do so. - (a) is represented by counsel or a solicitor; and - (b) pleads guilty to the offences; and - (c) asks that they be taken into account by the court in imposing sentence for the offence of which the person has been convicted. - (a) in proceedings or further proceedings taken against the offender; or - (b) in proceedings or further proceedings for the offence if the offence was not taken into account under this section in imposing sentence. - (a) if reference may lawfully be made to the fact that the person was convicted of the other offence—reference may also be made to the fact that the first offence was taken into account; and - (b) if evidence may lawfully be given of the fact that the offender was convicted of the other offence—evidence may also be given of the fact that the first offence was taken into account.