Legislation – Sentencing Act 2020

New Search

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 5 is up to date with all changes known to be in force on or before 28 April 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.


View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

SCHEDULE 5Breach, revocation and amendment of reparation order

Section 115

PART 1Breach of reparation order

Application to court

I71

1

This Part of this Schedule applies where—

a

a reparation order is in force in respect of an offender, and

b

the responsible officer makes an application to the appropriate court under this paragraph for it to exercise its powers under paragraph 2.

2

In this paragraph “appropriate court” means—

a

if the offender is aged under 18, a youth court acting in the relevant local justice area, and

b

if the offender is aged 18 or over, a magistrates’ court (other than a youth court) acting in that local justice area.

3

In sub-paragraph (2) “relevant local justice area” means—

a

the local justice area in which the offender resides, or

b

if it is not known where the offender resides, the offender’s home local justice area.

4

Where the responsible officer makes an application to the appropriate court under this paragraph, the officer may bring the offender before the court.

Annotations:
Commencement Information
I7

Sch. 5 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of appropriate court

I12

1

This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order.

2

The appropriate court—

a

may order the offender to pay a fine of an amount not exceeding £1,000;

b

if the reparation order was made by a magistrates’ court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or

c

if the reparation order was made by the Crown Court, may—

i

commit the offender to custody, or

ii

release the offender on bail,

until the offender can be brought or appear before the Crown Court.

3

Where the appropriate court deals with the offender’s case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving—

a

particulars of the offender’s failure to comply with the requirement in question, and

b

such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

4

The appropriate court may not make an order under this paragraph unless the offender is before the court.

5

For powers to issue a summons or warrant to secure the offender’s attendance, see paragraph 6.

6

In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order.

7

A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

8

Where—

a

the offender is aged under 18, and

b

but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Annotations:
Commencement Information
I1

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

Powers of Crown Court

I93

1

This paragraph applies where—

a

by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and

b

it is proved to the satisfaction of that court that the offender has breached the requirement in question.

2

The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made.

3

Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force.

4

In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order.

5

The appropriate court may not make an order under this paragraph unless the offender is before the court.

6

For powers to issue a summons or warrant to secure the offender’s attendance, see paragraph 6.

7

In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury.

Annotations:
Commencement Information
I9

Sch. 5 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal

I104

A reparation order made on appeal is to be taken, for the purposes of this Part of this Schedule—

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
I10

Sch. 5 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2Revocation and amendment of reparation order

I85

1

This paragraph applies where—

a

a reparation order is in force in respect of an offender, and

b

the offender or the responsible officer makes an application to the relevant court under this paragraph.

2

In this paragraph “the relevant court” means—

a

a youth court acting in the offender’s home local justice area, or

b

in the case of an application made both under this paragraph and under paragraph 1, the appropriate court (as defined in that paragraph).

3

Where the responsible officer makes an application to a court under this paragraph, the responsible officer may bring the offender before the court.

But this is subject to paragraph 6.

4

If it appears to the relevant court that it is appropriate to make an order under this sub-paragraph, the court may—

a

make an order revoking the reparation order, or

b

make an order amending it—

i

by cancelling any provision included in it, or

ii

by inserting in it (either in addition to or in substitution for any of its provisions) any provision which it could include in a reparation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

5

In this paragraph—

  • “relevant offence” means the offence in respect of which the reparation order was made, and

  • the “relevant assumptions” are that—

    1. a

      the offender has just been convicted by the relevant court of the relevant offence, and

    2. b

      the offender is the same age as when in fact convicted of that offence.

6

Unless the offender is before it, the relevant court may not amend the reparation order under this paragraph, except to—

a

cancel a requirement included in the order,

b

substitute a new local justice area for the offender’s home local justice area specified in the order, or

c

change the responsible officer.

7

Where an application under this paragraph for the revocation of a reparation order is dismissed, no-one may make a further application for its revocation under this paragraph except with the consent of the relevant court.

Annotations:
Commencement Information
I8

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

PART 3Supplementary

Issue of summons or warrant

I26

1

This paragraph applies where an application is made under paragraph 1 or 5.

2

For the purpose of securing the attendance of the offender before it, the court to which the application is made may issue a summons.

3

If—

a

the offender fails to appear in court in answer to the summons, and

b

it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by rules of court, that the summons—

i

could not be served, or

ii

was served on the offender within what appears to the court to be a reasonable time before the hearing,

the court may issue a warrant.

4

This paragraph does not affect any other power to issue a summons or warrant.

Annotations:
Commencement Information
I2

Sch. 5 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Warrants

I37

1

This paragraph applies where an offender—

a

is arrested under a warrant issued under paragraph 6, and

b

cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

2

The person in whose custody the offender is—

a

may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

b

must, within that period, bring the offender before a youth court F3or, if the offender is aged 18 or over, a magistrates’ court other than a youth court.

3

A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

I58

1

Where the court before which the offender is brought under paragraph 7(2) (“the alternative court”) is not the relevant court, the alternative court may—

a

direct that the offender be released forthwith, or

b

remand the offender.

2

If the offender is aged under 18, the power in sub-paragraph (1)(b) is a power to remand the offender to accommodation provided by or on behalf of a local authority.

3

Where a court remands an offender under this paragraph to accommodation provided by or on behalf of a local authority, it must designate the local authority which is to receive the offender.

4

The designated authority must be—

a

the local authority for the area in which the offender resides, or

b

if it appears to the court that the offender does not reside in the area of a local authority, must be a local authority in whose area the offence or an associated offence was committed.

Annotations:
Commencement Information
I5

Sch. 5 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to adjourn hearing and remand offender

I49

1

This paragraph applies to any hearing relating to an offender held by a youth court F2or other magistrates’ court in any proceedings under this Schedule.

2

The court may adjourn the hearing.

3

Where it adjourns the hearing under sub-paragraph (2), it may—

a

direct that the offender be released forthwith, or

b

remand the offender.

4

Where the court remands the offender under sub-paragraph (3)—

a

it must fix the time and place at which the hearing is to be resumed, and

b

that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

5

Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

a

it may fix the time and place at which the hearing is to be resumed, but

b

if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—

i

the offender,

ii

if the offender is aged under 14, a parent or guardian of the offender, and

iii

the responsible officer.

6

The powers of a F1magistrates’ court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates’ Courts Act 1980.

7

This paragraph—

a

applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates’ Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

b

is not to be taken to affect the application of that section to hearings of any other description.

Appeals

I610

The offender may appeal to the Crown Court against—

a

any order made under paragraph 2(1) (order made by appropriate court on breach of reparation order),

b

any order made under paragraph 5(4)(b) (amendment of order), other than an order which only does one or more of the following—

i

cancels a requirement included in the order,

ii

substitutes a new local justice area for the offender’s home local justice area specified in the order, or

iii

changes the responsible officer, or

c

the dismissal of an application under paragraph 5 to revoke a reparation order.

Annotations:
Commencement Information
I6

Sch. 5 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2