(1) This section applies if -
(a) the first condition in section 6 is satisfied but no court has proceeded under that section,
(b) there is evidence which was not available to the prosecutor on the relevant date,
(c) before the end of the period of six years starting with the date of conviction the prosecutor applies to the Crown Court to consider the evidence, and
(d) after considering the evidence the court believes it is appropriate for it to proceed under section 6.
(2) If this section applies the court must proceed under section 6, and when it does so subsections (3) to (8) below apply.
(3) If the court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
(4) Section 8(2) does not apply, and the rules applying instead are that the court m
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