Criminal Justice Act 1984

Offences committed while on bail: consecutive sentences.

11

11. F42 [ (1) Any sentence of imprisonment passed on a person for an offence

( a ) committed while on bail, whether committed before or after the commencement of section 22 of the Criminal Justice Act 2007, or

( b ) committed after such commencement while the person is unlawfully at large after the issue of a warrant for his or her arrest for non-compliance with a condition of the recognisance concerned,

shall be consecutive on any sentence passed on him or her for a previous offence or, if he or she is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years. ]

(2) Subsection (1) shall not apply where any such sentence is one of imprisonment for life or is a sentence of detention under section 103 of the Children Act, 1908.

(3) Subsection (1) shall apply notwithstanding anything contained in section 5 of the Criminal Justice Act, 1951.

F43 [ (4) Where a court

( a ) is determining the sentence to be imposed on a person for an offence committed while he or she was on bail,

and

( b ) is required by subsection (1) to impose two or more consecutive sentences,

then, the fact that the offence was committed while the person was on bail shall be treated for the purpose of determining the sentence as an aggravating factor and the court shall (except where the sentence for the previous offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor. ]

Annotations

Amendments:

F42

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 22, S.I. No. 236 of 2007.

F43

Inserted (2.06.1998) by Bail Act 1997 (16/1997), s. 10, S.I. No. 140 of 1998.