Section 143 — Sentencing Act 2002: Sentence not invalidated by mistake in age of offender

143 Sentence not invalidated by mistake in age of offender (1) A sentence imposed on an offender for a particular offence is not invalid by reason only of the fact that the offender was, at the time when the offence was committed, under the age at which he or she was liable to the sentence imposed. (2) If a sentence to which subsection (1) applies has been imposed on an offender, the offender, the prosecutor, or any counsel on behalf of the Crown may, at any time, apply in accordance with this section for the substitution of some other sentence. (3) An application under this section must be made— (a) to the High Court, if the sentence was passed— (ia) by the Supreme Court on appeal against a sentence imposed by the High Court, or imposed by the Court of Appeal on appeal from the High Court; or (i) by the Court of Appeal on appeal from the High Court; or (ii) by the High Court otherwise than on appeal from a District Court; or (b) to a District Court presided over by a trial Judge, if the sentence was passed— (ia) by the Supreme Court on appeal against a sentence imposed by a District Court presided over by a trial Judge, or imposed by the Court of Appeal on appeal from a District Court presided over by a trial Judge; or (i) by the Court of Appeal on appeal from a District Court presided over by a trial Judge; or (ii) by a District Court Judge upon conviction on indictment; or (c) to a District Court presided over by any Judge, in any other case. (4) The Judge to whom the application is made, after inquiry into the circumstances of the case, may impose in substitution for the original sentence any sentence that could have been imposed on the offender at the time of conviction. (5) For the purposes of an appeal or application for leave to appeal against the substituted sentence,— (a) the substituted sentence is deemed to be a sentence passed on the conviction of the offender; but (b) the time allowed for giving notice of the appeal or application runs from the date on which the substituted sentence was in fact imposed. Compare: 1985 No 120 s 137 Subsections (1) and (2) were substituted, as from 7 July 2004, by section 18 Sentencing Amendment Act 2004 (2004 No 68). Subsection (3)(a)(ia) and (3)(b)(ia) was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.