Criminal Justice Act 2017
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Amendment of section 2 of Act of 1997 | ||
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5. Section 2 of the Act of 1997 is amended by the substitution of the following subsection for subsection (2): | ||
“(2) In exercising its jurisdiction under subsection (1), a court shall take into account and may, where necessary, receive evidence or submissions concerning— | ||
(a) the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction, | ||
(b) the nature and degree of seriousness of the offence apprehended and the sentence likely to be imposed on conviction, | ||
(c) the nature and strength of the evidence in support of the charge, | ||
(d) any conviction of the accused person for an offence committed while he or she was on bail, | ||
(e) any previous convictions of the accused person including any conviction the subject of an appeal (which has neither been determined nor withdrawn) to a court, | ||
(f) any other offence in respect of which the accused person is charged and is awaiting trial, | ||
and, where it has taken into account one or more of the foregoing, it may also take into account— | ||
(i) the fact that the accused person is addicted to a controlled drug within the meaning of the Misuse of Drugs Act 1977 , | ||
(ii) the extent to which the number and frequency of any previous convictions of the accused person for serious offences indicate persistent serious offending by the accused person, and | ||
(iii) the nature and likelihood of any danger to the life or personal safety of any person or danger to the community that may be presented by the release on bail of a person charged with an offence punishable by imprisonment for a term of 10 years or by a more severe penalty.”. |