Legislation – Sentencing Act 2020

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Introduction

SCHEDULES

SCHEDULE 1 Offences where terrorist connection to be considered

SCHEDULE 2 Order for conditional discharge: commission of further offence

SCHEDULE 3 Youth offender contract: programme of behaviour

SCHEDULE 4 Referral order: further court proceedings

SCHEDULE 5 Breach, revocation and amendment of reparation order

SCHEDULE 6 Youth rehabilitation orders: requirements

SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order

SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland

SCHEDULE 9 Community orders and suspended sentence orders: requirements

SCHEDULE 10 Breach, revocation or amendment of community order

SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland

SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences

SCHEDULE 13 Special sentence for offenders of particular concern: offences

SCHEDULE 14 Extended sentences: the earlier offence condition: offences

SCHEDULE 15 Life sentence for second offence: listed offences

SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction

SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland

SCHEDULE 18 Specified offences for purposes of section 306

SCHEDULE 19 Schedule 19 offences

SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences

SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc

SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation

SCHEDULE 23 Powers to amend the Sentencing Code

SCHEDULE 24 Consequential amendments

SCHEDULE 25 Amendments to the Armed Forces Act 2006

SCHEDULE 26 Further amendments of the Armed Forces Act 2006

SCHEDULE 27 Transitional provisions and savings

SCHEDULE 28 Repeals and revocations

SCHEDULE 29 Repeals and revocations for England and Wales

SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 2Powers exercisable before passing sentence

CHAPTER 2Committal to the Crown Court for sentence

Committal for sentence following indication of guilty plea

(1)

Where—

(a)

a magistrates’ court—

(i)

has convicted a person aged under 18 of an offence following an indication of a guilty plea, and

(ii)

has sent the person to the Crown Court for trial for one or more related offences, and

(b)

the offence falls within paragraph (a) or (b) of the table in section 249(1) (offences punishable with imprisonment for 14 years or more and certain sexual offences),

the court may commit the offender in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 22(2).

(2)

Where a magistrates’ court—

(a)

convicts a person aged under 18 of an offence mentioned in paragraph (a) or (b) of the table in section 249(1) following an indication of a guilty plea, and

(b)

is still to determine to send, or whether to send, the person to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences,

it must adjourn the proceedings relating to the offence until after it has made those determinations.

(3)

Where the court—

(a)

commits the offender under subsection (1) to the Crown Court to be dealt with in respect of the offence, and

(b)

in its opinion, also has power so to commit the offender under section 16(2) or 17(2),

the court may make a statement of that opinion.

(4)

For powers of the court, where it commits a person under subsection (1), also to commit in respect of other offences, see section 20.

(5)

For the purposes of this section, a magistrates’ court convicts a person aged under 18 of an offence following an indication of a guilty plea if—

(a)

the person appears or is brought before the court when aged under 18 on an information charging the person with the offence,

(b)

the person or the person’s representative indicates under section 24A or 24B of the Magistrates’ Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that the person would plead guilty if the offence were to proceed to trial, and

(c)

proceeding as if—

(i)

section 9(1) of that Act were complied with, and

(ii)

the person pleaded guilty under it,

the court convicts the person of the offence.

(6)

For the purposes of this section—

(a)

“related offence” means an offence which, in the opinion of the court, is related to the offence, and

(b)

one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.