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, Paragraph 1 is up to date with all changes known to be in force on or before 10 May 2024. 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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SCHEDULES

PART 1General provisions

Pre-sentence drug testing

1

After section 34 insert—

Pre-sentence drug testing

34APre-sentence drug testing

1

This section applies where—

a

a person is convicted of an offence, and

b

the court is considering passing—

i

a community sentence, or

ii

a suspended sentence.

2

The court may make an order requiring the offender to provide samples for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body.

3

An order under this section—

a

must specify the descriptions of samples to be provided,

b

if the offender is aged under 17, must provide for the samples to be provided in the presence of an appropriate adult, and

c

may include further provision about how the samples are to be provided.

4

If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on the offender a fine of an amount not exceeding level 4.

5

In subsection (4) “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.

6

The court may not make an order under subsection (2) unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court (and the notice has not been withdrawn).

7

In this section—

  • “appropriate adult” in relation to a person aged under 17, means—

    1. a

      the person’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

    2. b

      a social worker of a local authority, or

    3. c

      if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

  • “police purposes” has the meaning given by section 101(2) of the Police Act 1996;

  • “specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act).