Sentencing Act 2020

PART 1 Introductory provisions and overview

1 Overview

(1) Parts 2 to 13 of this Act together make up a code called the “Sentencing Code”.

(2) 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.

(3) Part 14 of this Act contains supplementary provision.

(4) For other provision that may be relevant in relation to sentencing, see—

(a) Criminal Procedure Rules, and

(b) sentencing guidelines.

2 Application of Code

(1) The Sentencing Code does not apply where a person is convicted of an offence before the commencement date.

(2) 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—

(a) for an offence of which the person was convicted before that date, and

(b) in relation to a sentence passed for an offence of which the person was convicted before that date.

(3) 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.