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, SCHEDULE 2 is up to date with all changes known to be in force on or before 04 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

SCHEDULE 2Order for conditional discharge: commission of further offence

Section 81

Application of Schedule

I31

This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offence”).

Annotations:
Commencement Information
I3

Sch. 2 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal

I62

If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken—

a

if it was made on an appeal from a magistrates’ court, to have been made by that magistrates’ court;

b

if it was made on an appeal—

i

from the Crown Court, or

ii

from the Court of Appeal,

to have been made by the Crown Court.

Annotations:
Commencement Information
I6

Sch. 2 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace

I23

1

This paragraph applies where—

a

the order for conditional discharge was made by a magistrates’ court, and

b

it appears to a justice of the peace on information that the offender—

i

has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

ii

has been dealt with in respect of that offence.

2

The justice may—

a

issue a summons requiring the offender to appear at the place and time specified in it, or

b

if the information is in writing and on oath, issue a warrant for the offender’s arrest.

3

A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the court which made the order for conditional discharge.

Annotations:
Commencement Information
I2

Sch. 2 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by Crown Court

I44

1

This paragraph applies where—

a

the order for conditional discharge was made by the Crown Court, and

b

it appears to the Crown Court that the offender—

i

has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

ii

has been dealt with in respect of that offence.

2

The Crown Court may issue—

a

a summons requiring the offender to appear at the place and time specified in it, or

b

a warrant for the offender’s arrest.

3

A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the Crown Court.

Annotations:
Commencement Information
I4

Sch. 2 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of magistrates’ court convicting offender of further offence

I55

1

This paragraph applies where the offender is convicted by a magistrates’ court (“the convicting court”) of an offence committed during the period of conditional discharge.

2

If the order for conditional discharge was made by the convicting court, that court may re-sentence the offender for the original offence.

3

If the order for conditional discharge was made by another magistrates’ court, the convicting court may, with the consent of the court which made the order, re-sentence the offender for the original offence.

4

If the order for conditional discharge was made by the Crown Court, the convicting court—

a

may commit the offender in custody or on bail to the Crown Court, and

b

if it does so, must send the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the designated officer by whom the register is kept.

5

In sub-paragraph (4), the “register” means the register of proceedings before a magistrates’ court required by the Criminal Procedure Rules to be kept by the designated officer of the court.

6

For powers of the convicting court, where it commits a person under sub-paragraph (4), to commit a person to the Crown Court in respect of other offences, see section 20.

Annotations:
Commencement Information
I5

Sch. 2 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Conviction of further offence by another court: power of magistrates’ court which made order

I16

1

This paragraph applies where—

a

the order for conditional discharge was made by a magistrates’ court (“the original court”),

b

it is proved to the satisfaction of the original court that the offender has been convicted by another court in Great Britain of an offence committed during the period of conditional discharge.

2

The original court may re-sentence the offender for the original offence.

Annotations:
Commencement Information
I1

Sch. 2 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court with respect to original offence following subsequent conviction

I77

1

Sub-paragraph (2) applies where—

a

the offender—

i

is convicted before the Crown Court of an offence committed during the period of conditional discharge, or

ii

is brought or appears before the Crown Court having been committed by a magistrates’ court for sentence in respect of any such offence, or

b

the order for conditional discharge was made by the Crown Court and it is proved to the satisfaction of the Crown Court that the offender has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge.

2

The Crown Court may re-sentence the offender for the original offence.

3

Any question under this paragraph whether the offender has been convicted of an offence committed during the period of conditional discharge is to be determined by the court and not by the verdict of a jury.

4

Where the offender is committed to the Crown Court under sub-paragraph (4) of paragraph 5, any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the convicting court (within the meaning of that paragraph)—

a

is not to be discharged or exercised by that court, but

b

is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates’ court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (certain duties relating to information).

Annotations:
Commencement Information
I7

Sch. 2 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2