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 46 is up to date with all changes known to be in force on or before 02 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 4Criminal courts charge

46Criminal courts charge duty

(1)

Where the criminal courts charge duty applies to a court in relation to an offender, the court must order the offender to pay a charge in respect of relevant court costs, unless—

(a)

the offender was aged under 18 when the offence was committed,

(b)

the offence was committed before 13 April 2015, or

(c)

the case is, or is of a class, prescribed by the Lord Chancellor by regulations.

But this is subject to section 15(2) of the Proceeds of Crime Act 2002 (effect on duty when proceedings on confiscation order are postponed).

(2)

In this section—

“court costs” means costs of providing the judiciary and the rest of the system of courts, but does not include defence or prosecution costs;

“relevant court costs” means court costs incurred in connection with—

(a)

criminal proceedings, or

(b)

proceedings for a relevant failure,

but does not include costs of providing the Supreme Court or judges of that Court;

“relevant failure” means a failure to comply with—

(a)

a requirement of a community order,

(b)

a community requirement of a suspended sentence order, or

(c)

a supervision requirement imposed under section 256AA of the Criminal Justice Act 2003.

(3)

In this Code, “criminal courts charge order” means an order under subsection (1).