Sentencing Act 2020
Parts 2 to 13 of this Act together make up a code called the “Sentencing Code”.
They deal with the following matters. Before sentencing Part 2 is about powers exercisable by a court before passing sentence. Sentencing Part 3 is about court procedure when sentencing. Part 4 is about the discretion a court has when sentencing. Sentences Part 5 is about absolute and conditional discharges. Part 6 is about orders relating to conduct. Part 7 is about fines and other orders relating to property. Part 8 is about disqualification. Part 9 is about community sentences. Part 10 is about custodial sentences. Part 11 is about behaviour orders. General Part 12 contains miscellaneous and general provision about sentencing. Part 13 deals with interpretation.
Part 14 of this Act contains supplementary provision.
For other provision that may be relevant in relation to sentencing, see—
Criminal Procedure Rules, and
sentencing guidelines.
The Sentencing Code does not apply where a person is convicted of an offence before the commencement date.
Accordingly, any provision that corresponds to a provision of the Sentencing Code continues on and after that date to have effect as regards dealing with a person—
for an offence of which the person was convicted before that date, and
in relation to a sentence passed for an offence of which the person was convicted before that date.
Where on or after that date a court is dealing with a person in relation to an offence of which the person was convicted before that date and is required to treat the person as just convicted of the offence, the requirement does not mean that subsection (2) no longer applies.
In this Code “deferment order” means an order deferring passing sentence on an offender in respect of one or more offences until the date specified in the order, to enable a court, in dealing with the offender, to have regard to—
the offender’s conduct after conviction (including, where appropriate, the offender’s making reparation for the offence), or
any change in the offender’s circumstances.
A deferment order may impose requirements (“deferment requirements”) as to the offender’s conduct during the period of deferment.
Deferment requirements may include—
requirements as to the residence of the offender during all or part of the period of deferment;
restorative justice requirements.
A deferment order is available to the Crown Court or a magistrates’ court in respect of an offence where— See also section 11(4) (power of Crown Court to make further deferment order where magistrates’ court commits offender for sentence).
the offender is before the court to be dealt with for the offence, and
no previous deferment order has been made in respect of the offence.
But a deferment order is not available to a magistrates’ court dealing with an offender in respect of an offence for which section 85(1)(a) (compulsory referral conditions) requires the court to make a referral order.
A court may make a deferment order in respect of an offence only if—
the offender consents,
the offender undertakes to comply with any deferment requirements the court proposes to impose,
if those requirements include a restorative justice requirement, section 7(2) (consent of participants in restorative justice activity) is satisfied, and
the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to make the order.
The date specified under section 3(1) in the order may not be more than 6 months after the date on which the order is made.
A court which makes a deferment order must forthwith give a copy of the order—
to the offender,
if it imposes deferment requirements that include a restorative justice requirement, to every person who would be a participant in the activity concerned (see section 7(1)),
where an officer of a provider of probation services has been appointed to act as a supervisor, to that provider, and
where a person has been appointed under section 8(1)(b) to act as a supervisor, to that person.
A court which makes a deferment order may not on the same occasion remand the offender, notwithstanding any enactment.
Where a deferment order has been made in respect of an offence, the court which deals with the offender for the offence may have regard to—
the offender’s conduct after conviction, or
any change in the offender’s circumstances.
The matters to which the court may have regard in dealing with the offender include, in particular—
where appropriate, the making by the offender of reparation for the offence, and
the extent to which the offender has complied with any deferment requirements.
Subsection (4) applies where—
the court which made a deferment order proposes to deal with the offender on the date specified in the order, or
the offender does not appear on that date.
The court may—
issue a summons requiring the offender to appear before the court at the time and place specified in the summons, or
issue a warrant for the offender’s arrest which requires the offender to be brought before the court at the time and place specified in the warrant.
Subsection (6) applies where a magistrates’ court makes a deferment order.
In making the order the court is to be regarded as having adjourned the trial under section 10(1) of the Magistrates’ Courts Act 1980. Accordingly, sections 11(1) and 13(1) to (3A) and (5) of that Act (non-appearance of the accused) apply if the offender does not appear on the date specified in the deferment order (but this is without prejudice to subsection (4)).
Any reference in this Chapter to a restorative justice requirement is to a requirement to participate in an activity—
where the participants consist of, or include, the offender and one or more of the victims,
which aims to maximise the offender’s awareness of the impact of the offending concerned on the victims, and
which gives an opportunity to a victim or victims to talk about, or by other means express experience of, the offending and its impact.
A restorative justice requirement may not be imposed as a deferment requirement without the consent of every person who would be a participant in the activity.
For the purposes of subsection (2), a supervisor and the offender do not count as proposed participants.
A person running an activity for the purposes of a restorative justice requirement must have regard to any guidance issued from time to time by the Secretary of State with a view to encouraging good practice in connection with such an activity.
In this section “victim” means a victim of, or other person affected by, the offending concerned.
Where a court makes a deferment order that imposes deferment requirements, it may appoint— to act as a supervisor in relation to the offender.
an officer of a provider of probation services, or
any other person the court thinks appropriate who consents to the appointment,
A supervisor must—
monitor the offender’s compliance with the deferment requirements, and
provide the court which deals with the offender for any offence in respect of which the order was made with such information as the court may require relating to the offender’s compliance with the deferment requirements.
Where— the justice may issue a summons directed to that supervisor requiring the supervisor to attend before the court at the time and place appointed in the summons to give evidence.
a deferment order imposes deferment requirements,
it falls to a magistrates’ court to—
deal with the offender for any offence in respect of which the order was made, or
determine under section 9(3)(b) whether the offender has failed to comply with a deferment requirement, and
a justice of the peace is satisfied that a supervisor appointed under subsection (1)(b)—
is likely to be able to give evidence that may assist the court in doing so, and
will not voluntarily attend as a witness,
This section applies where—
a court has made a deferment order that imposes deferment requirements, and
a supervisor has reported to the court that the offender has failed to comply with one or more of the deferment requirements.
The court may issue—
a summons requiring the offender to appear before it at the time and place specified in the summons, or
a warrant for the offender’s arrest which requires the offender to be brought before it at the time and place specified in the warrant.
The court may deal with the offender for the offence in respect of which the order was made before the end of the period of deferment if— For the powers of the court in dealing with the offender under this subsection, see section 11.
the offender appears or is brought before the court under subsection (2), and
the court is satisfied that the offender has failed to comply with one or more of the deferment requirements.
This section applies where a court has made a deferment order in respect of an offence.
The court which made the order (“the original court”) may deal with the offender for the offence in respect of which the deferment order was made before the end of the period of deferment if during that period the offender is convicted in Great Britain of any offence. For the powers of the original court in dealing with the offender under this subsection, see section 11.
Where the original court proposes to deal with the offender by virtue of subsection (2) before the end of the period of deferment, it may issue—
a summons requiring the offender to appear before the court at the time and place specified in the summons, or
a warrant for the arrest of the offender, requiring the offender to be brought before the court at the time and place specified in the warrant.
Subsection (5) applies where during the period of deferment the offender is convicted in England and Wales of any offence (“the later offence”). This is subject to subsection (6).
The court which passes sentence on the offender for the later offence may also deal with the offender for the offence or offences in respect of which the deferment order was made (if this has not already been done). For the powers of the court in dealing with the offender under this subsection, see section 11.
Subsection (5) does not apply where—
the deferment order was made by the Crown Court, and
the court which passes sentence on the offender for the later offence is a magistrates’ court.
Subsection (5)—
is without prejudice to subsection (2), and
applies whether or not the offender is sentenced for the later offence during the period of deferment.
Subsection (2) applies where an offender who is subject to a deferment order is being dealt with for any offence in respect of which the order was made—
by the court which made the order (“the original court”)—
at the end of the period of deferment, in accordance with the deferment order,
under section 9(3) (failure to comply with deferment requirement), or
under section 10(2) (original court dealing with offender following conviction during period of deferment), or
by any court under section 10(5) (conviction during period of deferment: convicting court dealing with offender).
The court may deal with the offender for the offence in any way in which the original court could have dealt with the offender for the offence if it had not made a deferment order.
Where a magistrates’ court is dealing with the offender, its power under that subsection includes, in particular, the power in section 14 to commit the offender to the Crown Court for sentence.
Where a magistrates’ court deals with the offender by committing the offender to the Crown Court under section 14, the power of the Crown Court to deal with the offender includes the same power to make a deferment order as if the offender had just been convicted of the offence on indictment before it.
Nothing in this Chapter affects—
the power of the Crown Court to bind over an offender to come up for judgment when called upon, or
any other power of a court to defer passing sentence.
In this Chapter—
“deferment requirement” has the meaning given by section 3(2);
“period of deferment”, in relation to a deferment order, means the period from the date on which the deferment order is made until the date specified in the order under section 3(1);
“restorative justice requirement” has the meaning given by section 7;
“supervisor”, in relation to a deferment order, means a person appointed under section 8(1).
In relation to a deferment order made by a magistrates’ court, any reference in this Chapter to the court which made the order includes a reference to any magistrates’ court acting in the same local justice area as that court.
This section applies where— This is subject to the provisions mentioned in subsection (4).
on the summary trial of an offence triable either way a person aged 18 or over is convicted of the offence, and
the court is of the opinion that— was so serious that the Crown Court should have the power to deal with the offender in any way it could deal with the offender if the offender had been convicted on indictment.
the offence, or
the combination of the offence and one or more offences associated with it,
The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 21(2).
For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.
For offences in relation to which this section does not apply see sections 17D and 33 of the Magistrates’ Courts Act 1980 (exclusion in respect of certain offences where value involved is small).
This section applies to a corporation as if—
the corporation were an individual aged 18 or over, and
in subsection (2) the words “in custody or on bail” were omitted.
This section applies where—
on the summary trial of a specified offence (see section 306) triable either way a person aged 18 or over is convicted of the offence, and
the court is of the opinion that an extended sentence of detention in a young offender institution or of imprisonment (see section 266 or 279) would be available in relation to the offence.
The court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 21(2).
For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.
In doing anything under or contemplated by this section, the court is not bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates’ Courts Act 1980 (procedure where summary trial appears more suitable).
Nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is inconsistent with an indication of sentence.
Nothing in this section prevents the court from committing an offender convicted of a specified offence to the Crown Court for sentence under section 14 or 18 if the provisions of that section are satisfied.
This section applies where—
on the summary trial of an offence within paragraph (a) or (b) of the table in section 249(1) (offences punishable with imprisonment for 14 years or more and certain sexual offences), a person is convicted of the offence,
the person is aged under 18 at the time of conviction, and
the court is of the opinion that— was such that the Crown Court should have power to deal with the offender by imposing a sentence of detention under section 250.
the offence, or
the combination of the offence and one or more offences associated with it,
The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).
For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.
This section applies where—
on the summary trial of a specified offence (see section 306) a person aged under 18 is convicted of the offence, and
the court is of the opinion that an extended sentence of detention under section 254 would be available in relation to the offence.
The court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).
For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.
Nothing in this section prevents the court from committing a person convicted of a specified offence to the Crown Court for sentence under section 16 or 19 if the provisions of that section are satisfied.