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

Power of Crown Court on committal for sentence

21Power of Crown Court on committal for sentence of offender under section 14, 15 or 18

(1)

This section applies where an offender is committed by a magistrates’ court for sentence under—

(a)

section 14(2) (committal for sentence on summary trial of offence triable either way),

(b)

section 15(2) (committal for sentence of dangerous adult offenders), or

(c)

section 18(1) (committal for sentence on indication of guilty plea to offence triable either way).

(2)

The Crown Court—

(a)

must inquire into the circumstances of the case, and

(b)

may deal with the offender in any way in which it could deal with the offender if the offender had been convicted of the offence on indictment before the court.

This is subject to subsections (4) and (5).

(3)

Any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates’ court—

(a)

is not to be discharged or exercised by that court, but

(b)

is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates’ court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

(4)

Subsection (5) applies where a magistrates’ court—

(a)

commits an offender under section 18(1) to be dealt with in respect of an offence (“the offence”), but

(b)

does not make a statement under section 18(4) (statement of power to commit under section 14(2) or 15(2)).

(5)

Unless the offender is convicted before the Crown Court of at least one of the offences for which the magistrates’ court has sent the offender for trial (see section 18(1)(b))—

(a)

subsection (2)(b) does not apply, and

(b)

the Crown Court may deal with the offender for the offence in any way in which the magistrates’ court could have dealt with the offender for it.

(6)

Section 20A(1) of the Magistrates’ Courts Act 1980 (which relates to the effect of an indication of sentence under section 20 of that Act) does not apply in respect of a specified offence (see section 306)—

(a)

in respect of which the offender is committed under section 15(2) (dangerous adult offenders), or

(b)

in respect of which—

(i)

the offender is committed under section 18(1) (guilty plea to offence triable either way), and

(ii)

the court makes a statement under section 18(4) that, in its opinion, it also has power to commit the offender under section 15(2).