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 89 is up to date with all changes known to be in force on or before 03 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

89Making of referral order: effect on court’s other sentencing powers

(1)

This section applies where a court makes a referral order in respect of an offence.

(2)

In dealing with the offender for any connected offence, the court must—

(a)

sentence the offender by making a referral order, or

(b)

make an order for absolute discharge.

(3)

In dealing with the offender in respect of the offence or any connected offence, the court may not—

(a)

order the offender to pay a fine,

(b)

make any of the following orders—

(i)

a youth rehabilitation order;

(ii)

an order under section 1(2A) of the Street Offences Act 1959;

(iii)

a reparation order;

(iv)

an order for conditional discharge.

(4)

The court may not make—

(a)

an order binding the offender over to keep the peace or to be of good behaviour, or

(b)

an order under section 376 (binding over of parent or guardian),

in connection with the offence or any connected offence.

(5)

Nothing in section 85 or subsection (2) affects any power or duty of a magistrates’ court under—

(a)

section 25 (power and duty to remit young offenders to youth courts for sentence),

(b)

section 10(3) of the Magistrates’ Courts Act 1980 (adjournment for inquiries), or

(c)

section 35, 38, 43 or 44 of the Mental Health Act 1983 (remand for reports, interim hospital orders and committal to Crown Court for restriction order).

(6)

Nothing in this section affects any power of a court, where it revokes a referral order, to re-sentence an offender for the offence in respect of which the order was made.