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 80 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

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THIRD GROUP OF PARTSDisposals

PART 5Absolute and conditional discharge

80Order for conditional discharge

(1)

In this Code “order for conditional discharge” means an order discharging an offender for an offence subject to the condition that the offender commits no offence during the period specified in the order (referred to in this Code as “the period of conditional discharge”).

Availability

(2)

An order for conditional discharge is available to a court dealing with an offender for an offence where—

(a)

the offender is convicted by or before the court, and

(b)

the offence is not one in relation to which a mandatory sentence requirement applies (see section 399).

(3)

But see the following for circumstances where an order for conditional discharge is not available—

(a)

section 66ZB(6) of the Crime and Disorder Act 1998 (effect of youth cautions);

(b)

section 66F of that Act (youth conditional cautions);

(c)

section 103I(4) of the Sexual Offences Act 2003 (breach of sexual harm prevention order and interim sexual harm prevention order etc);

(d)

section 339(3) (breach of criminal behaviour order);

F1(da)

section 342G(4) (offences relating to a serious violence reduction order);

(e)

section 354(5) (breach of sexual harm prevention order);

F2(f)

section 39(6) of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).

Exercise of power to make order for conditional discharge

(4)

Where it is available, the court may make an order for conditional discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—

(a)

the nature of the offence, and

(b)

the character of the offender.

(5)

The period of conditional discharge specified in an order for conditional discharge must be a period of not more than 3 years beginning with the day on which the order is made.

(6)

On making an order for conditional discharge, the court may, if it thinks it expedient for the purpose of the offender’s reformation, allow any person who consents to do so to give security for the good behaviour of the offender.

Effect on other orders

(7)

Nothing in this section prevents a court, on making an order for conditional discharge in respect of an offence, from—

(a)

imposing any disqualification on the offender,

(b)

making any of the following orders in respect of the offence—

(i)

a compensation order (see section 133),

(ii)

an order under section 152 (deprivation orders), or

(iii)

a restitution order (see section 147), or

(iv)

an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,

(c)

making an order under section 46 (criminal courts charge), or

(d)

making an order for costs against the offender.