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 31 is up to date with all changes known to be in force on or before 04 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 3Procedure

CHAPTER 1Information and reports

Pre-sentence reports

31Meaning of “pre-sentence report” etc


“Pre-sentence report”

(1)

In this Code “pre-sentence report” means a report which—

(a)

is made or submitted by an appropriate officer with a view to assisting the court in determining the most suitable method of dealing with an offender, and

(b)

contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.

(2)

In subsection (1), “an appropriate officer” means—

(a)

where the offender is aged 18 or over, an officer of a provider of probation services;

(b)

where the offender is aged under 18—

(i)

an officer of a provider of probation services,

(ii)

a social worker of a local authority, or

(iii)

a member of a youth offending team.

(3)

Rules under subsection (1)(b) are subject to the negative resolution procedure.


“Obtaining” a pre-sentence report

(4)

Where by any provision of this Code, the court is required to obtain a pre-sentence report, it may accept a pre-sentence report given orally in open court.

But this is subject to—

(a)

any rules made under subsection (1)(b), and

(b)

subsection (5).

(5)

A pre-sentence report must be in writing if it—

(a)

relates to an offender aged under 18, and

(b)

is required to be obtained and considered before the court forms an opinion mentioned in—

(i)

section 230(2) (seriousness threshold for discretionary custodial sentence),

(ii)

section 231(2) (determining term of custodial sentence),

(iii)

section 255(1)(c) (determining risk of harm to public for purpose of extended sentence), or

(iv)

section 258(1)(c) (determining risk of harm to public for purpose of required life sentence).