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 59 is up to date with all changes known to be in force on or before 05 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 4Exercise of court’s discretion

CHAPTER 2Sentencing guidelines

59Sentencing guidelines: general duty of court

(1)

Every court—

(a)

must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and

(b)

must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,

unless the court is satisfied that it would be contrary to the interests of justice to do so.

(2)

The duty imposed by subsection (1) is subject to—

(a)

section 125(1) (fine must reflect seriousness of offence);

(b)

section 179(2) (restriction on youth rehabilitation order);

(c)

section 186(3) and (6) (restrictions on choice of requirements of youth rehabilitation order);

(d)

section 204(2) (restriction on community order);

(e)

section 208(3) and (6) (restrictions on choice of requirements of community order);

(f)

section 230 (threshold for imposing discretionary custodial sentence);

(g)

section 231 (custodial sentence must be for shortest term commensurate with seriousness of offence);

F1(ga)

sections 268B and 282B (requirement to impose serious terrorism sentence);

(h)

sections 273 and 283 (life sentence for second listed offence for certain dangerous offenders);

(i)

section 321 and Schedule 21 (determination of minimum term in relation to mandatory life sentence);

(j)

the provisions mentioned in section 399(c) (mandatory minimum sentences).

(3)

Nothing in this section or section 60 or 61 is to be taken as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with an offender suffering from a mental disorder in the manner it considers to be most appropriate in all the circumstances.