Legislation – Sentencing Act 2020

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Introduction

SCHEDULES

SCHEDULE A1 Offences where terrorist connection not required to be considered

SCHEDULE 1 Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021
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 17A Serious terrorism offences

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

Changes to legislation:

Sentencing Act 2020, Section 22 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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

22Power of Crown Court on committal for sentence of person under 18 under section 16, F116A, 17 or 19

(1)

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

(a)

section 16(2) (committal for sentence of young offenders on summary trial of certain serious offences),

F2(aa)

section 16A(2) (committal for sentence of young offenders on summary trial of certain F3… offences),

(b)

section 17(2) (committal for sentence of dangerous young offenders), or

(c)

section 19(1) (committal for sentence on indication of guilty plea by child or young person with related offences).

(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 19(1) to be dealt with in respect of an offence (“the offence”), but

(b)

does not make a statement under section 19(3) (statement of power to commit under section 16(2) F4, 16A(2) or 17(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 19(1)(a))—

(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.