Sentencing Act 2020

References under this Chapter: further provision E+W

389 References under sections 387 and 388: appeals E+W

(1) Where a reference is made under section 387 or 388—

(a) the person in respect of whom the reference is made, or

(b) the specified prosecutor,

may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the decision of the Crown Court.

(2) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from the criminal division of the Court of Appeal) does not prevent an appeal to the Supreme Court under this section.

(3) In relation to any proceedings under this section, the Secretary of State may by regulations make provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

(4) Regulations under this section are subject to the negative resolution procedure.

Commencement Information

I1 S. 389 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

390 Proceedings under section 387 or 388: exclusion of public E+W

(1) This section applies to—

(a) any proceedings relating to a reference made under section 387 or 388, and

(b) any other proceedings arising in consequence of such proceedings.

(2) The court in which the proceedings will be or are being heard may make such order as it considers appropriate—

(a) to exclude from the proceedings any person who does not fall within subsection (4);

(b) to prohibit the publication of any matter relating to the proceedings (including the fact that the reference has been made).

(3) The court may make an order under subsection (2) only if the court considers that the order is—

(a) necessary to protect the safety of any person, and

(b) in the interests of justice.

(4) The following persons fall within this subsection—

(a) a member or officer of the court;

(b) a party to the proceedings;

(c) counsel or a solicitor for a party to the proceedings;

(d) a person otherwise directly concerned with the proceedings.

(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a) to exclude any person from proceedings, or

(b) to restrict the publication of any matter relating to proceedings.

Commencement Information

I2 S. 390 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F1 391 Proceedings under section 387 or 388: use of live link E+W

Section 57E of the Crime and Disorder Act 1998 (use of live link in sentencing hearings) applies to hearings relating to a reference under section 387 or 388 as it applies to sentencing hearings.]

Textual Amendments

F1 S. 391 omitted (temp.) by virtue of 2020 c. 7, Sch 24 para. 14 (as inserted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 302 (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I3 S. 391 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

392 Interpretation of Chapter E+W

(1) This section applies for the purposes of this Chapter.

(2) A discounted sentence is a sentence passed in pursuance of—

(a) section 74, or

(b) section 388.

(3) References—

(a) to a written agreement are to an agreement made in writing with a specified prosecutor;

(b) to a specified prosecutor are to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).

Commencement Information

I4 S. 392 in force at 1.12.2020 by S.I. 2020/1236, reg. 2