Legislation – Sentencing Act 2026

Sentencing Act 2026, Section 20 is up to date with all changes known to be in force on or before 04 March 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.

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Changes and effects yet to be applied to Section 20:

s. 20 coming into force by 2026 c. 2 s. 49(4)

Part 1Sentencing

Sentencing Council for England and Wales

20Sentencing guidelines

(1)

The Coroners and Justice Act 2009 is amended as follows.

(2)

In section 120 (sentencing guidelines)—

(a)

in subsection (7), after “appropriate” insert “—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given”;

(b)

in subsection (8), for “such amendments” substitute “any amendments of the draft guidelines which it considers appropriate—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given”;

(c)

after subsection (8) insert—

“(8A)

The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (7) or (8) as soon as practicable after receiving the request.

(8B)

The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (7) or (8) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.

(8C)

If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (7) or (8), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.”;

(d)

in subsection (10), after “and (8)” insert “to (8C)”.

(3)

In section 122 (allocation guidelines)—

(a)

in subsection (5), after “appropriate” insert “—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given”;

(b)

after subsection (5) insert—

“(5A)

The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (5) as soon as practicable after receiving the request.

(5B)

The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (5) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.

(5C)

If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (5), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.”;

(c)

in subsection (7), for “(5)” substitute “(5C)”.