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 21 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 4Community sentences

Community orders: powers to imprison offender for wilful or persistent breach

21

1

Schedule 10 (breach etc of community order) is amended as follows.

2

In paragraph 10 (powers of magistrates’ court on breach)—

a

in sub-paragraph (5), after paragraph (c) insert—

d

where—

i

the community order was made by a magistrates’ court,

F2ia

the order does not qualify for special procedures for the purposes of paragraph (ba);

ii

the offence in respect of which the order was made was not an offence punishable by imprisonment,

iii

the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.

b

in sub-paragraph (9), after “custodial sentence” insert “
(where the order was made in respect of an offence punishable with such a sentence)
”;

c

after that sub-paragraph insert—

9A

In sub-paragraph (5)(d), “relevant custodial sentence” means—

a

in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

b

in any other case, a sentence of imprisonment.

d

in sub-paragraph (10), after “(5)(c)” insert “
or (d)
”;

e

in sub-paragraph (11), after “(5)(c)” insert “
or (d)
”.

3

In paragraph 11 (powers of Crown Court on breach)—

a

in sub-paragraph (2), after paragraph (c) insert—

d

where—

F1ai

the community order does not qualify for special procedures for the purposes of paragraph (ba),

i

the offence in respect of which the order was made was not an offence punishable by imprisonment, and

ii

the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.

b

in sub-paragraph (6), after “custodial sentence” insert “
(where the order was made in respect of an offence punishable with such a sentence)
”;

c

after that sub-paragraph insert—

6A

In sub-paragraph (2)(d), “relevant custodial sentence” means—

a

in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

b

in any other case, a sentence of imprisonment.

d

in sub-paragraph (7), after “(2)(c)” insert “
or (d)
”.