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 4Exercise of court’s discretion

CHAPTER 3Seriousness and determining sentence

Mitigating factors

73Reduction in sentence for guilty plea

(1)

This section applies where a court is determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court.

(2)

The court must take into account the following matters—

(a)

the stage in the proceedings for the offence at which the offender indicated the intention to plead guilty, and

(b)

the circumstances in which the indication was given.

(3)

If—

(a)

a mandatory sentence requirement applies in relation to the offence (see section 399) by virtue of a provision mentioned in subsection (4), and

(b)

the offender is aged 18 or over when convicted,

the mandatory sentence requirement does not prevent the court, after taking into account any matter referred to in subsection (2), from imposing any sentence which is not less than 80 per cent of the sentence which would otherwise be required by that requirement.

(4)

The provisions referred to in subsection (3)(a) are—

(a)

section 312 (minimum sentence for threatening with weapon or bladed article);

(b)

section 313 (minimum of 7 years for third class A drug trafficking offence);

(c)

section 314 (minimum of 3 years for third domestic burglary);

(d)

section 315 (minimum sentence for repeat offence involving weapon or bladed article).

(5)

If—

(a)

a mandatory sentence requirement applies in relation to the offence by virtue of—

(i)

section 312, or

(ii)

section 315, and

(b)

the offender is aged 16 or 17 when convicted,

the mandatory sentence requirement does not prevent the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (2).