Legislation – Sentencing Act 2020

New Search

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 77 is up to date with all changes known to be in force on or before 09 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.


View outstanding changes

Changes and effects yet to be applied to Section 77:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court’s discretion

CHAPTER 3Seriousness and determining sentence

Effect of Code on other powers of court in assessing seriousness

77Basis of opinion provisions not to affect power to mitigate sentences

(1)

Nothing in any of the basis of opinion provisions prevents a court from mitigating an offender’s sentence by taking into account any matters that, in the opinion of the court, are relevant in mitigation of sentence.

(2)

Section 230(2) (threshold for imposing discretionary custodial sentence) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that—

(a)

the offence, or

(b)

the combination of the offence and one or more offences associated with it,

was so serious that a community sentence could not normally be justified for the offence.

(3)

Nothing in any of the basis of opinion provisions prevents a court—

(a)

from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence, and

(b)

in the case of an offender who is convicted of one or more other offences, from mitigating the offender’s sentence by applying any rule of law as to the totality of sentences.

(4)

Subsections (2) and (3) are not to be taken to limit subsection (1).

(5)

In this section “basis of opinion provision” means any of the following—

(a)

section 30 or 33 (pre-sentence reports and other requirements);

(b)

section 124, 125 or 126 (fixing of fine);

(c)

section 179, 180 or 186(3) to (9) (exercise of power to impose youth rehabilitation order, with or without intensive supervision and surveillance or fostering, and other requirements);

(d)

section 204 or 208(3) to (9) (exercise of power to impose community order, and community requirements);

(e)

section 230, 231 or 232 (imposing custodial sentences).