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 85 is up to date with all changes known to be in force on or before 15 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 6Orders relating to conduct

CHAPTER 1Referral orders for offenders aged under 18

Making referral orders

85Duty and power to make referral order

(1)

Where a referral order is available—

(a)

the court must make a referral order if the compulsory referral conditions are met;

(b)

otherwise, the court may make a referral order.

(2)

The compulsory referral conditions are met where—

(a)

the offence is an imprisonable offence,

(b)

the offender pleaded guilty to the offence and to any connected offence, and

(c)

the offender has never been—

(i)

convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, F1…

F1(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2A)

But the compulsory referral conditions are not met if—

(a)

the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b)

the offender has previously been convicted by or before a court in a member State of any offence

(3)

For the effect of making a referral order on the court’s other sentencing powers, see section 89.