86VHow cessation of record affects later sentences

1. This section applies if,—

2. under section 86U, an offender ceases to have a record of first warning or a record of subsequent warning or both (the previous record); and
3. the offender continues to be subject to a qualifying sentence that was imposed on the offender for a qualifying offence committed when the offender had the previous record (a later qualifying sentence).

4. If the appropriate court is the High Court, the appropriate court must—

5. take the actions described in subsection (5) that are applicable to the case; or
6. remit the matter to the court that imposed the later qualifying sentence with a direction to take those actions.

7. If the appropriate court is not the High Court, the appropriate court must, unless the later qualifying sentence was imposed by a higher court than the appropriate court,—

8. take the actions described in subsection (5) that are applicable to the case; or
9. remit the matter to the court that imposed the later qualifying sentence with a direction to take those actions.

10. If the appropriate court is the District Court and the later qualifying sentence was imposed by a higher court, the High Court must, on the application of the offender, take the actions described in subsection (5) that are applicable to the case.

11. The actions are as follows:

12. if the later qualifying sentence would not have been imposed but for the previous record, the court must set aside the later qualifying sentence and replace it with a sentence that the court would have imposed had the offender not been subject to the previous record:
13. if any order relating to the later qualifying sentence would not have been made but for the previous record, the court must cancel the order and, where appropriate, replace it with an order that the court would have made had the offender not been subject to the previous record:
14. if the court considers it just to make any consequential orders, the court must make those orders.