Sentencing Act 2020

PART 2 E+W Referral orders

7 (1) This paragraph applies where— E+W

(a) a court makes a referral order in respect of an offence (the “Code offence”), and

(b) the offender has been convicted before [F1 1 December 2020] of another offence (the “pre-Code offence”) for which he or she is to be dealt with at the same time.

In this paragraph “referral order” has the meaning given by section 83(1).

(2) In subsections (2) to (4) of section 89 (making of referral order: effect on court's other sentencing powers) a reference to an order under the Sentencing Code is to be read, in relation to the pre-Code offence, as a reference to the corresponding order applicable to that offence.

(3) In subsections (3) to (5) of section 19 of the Powers of Criminal Courts (Sentencing) Act 2000 (making of orders under section 16 of that Act: effect on court's other sentencing powers) a reference to a way of dealing with the offender is to be read, in relation to the Code offence, as a reference to the corresponding way of dealing with the offender under the Sentencing Code.

(4) If the court makes an order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (duty and power to refer certain young offenders to youth offender panels) in respect of the pre-Code offence—

(a) the order is to be treated as if it were a referral order, and

(b) accordingly, section 88 (making of referral order: connected offences) applies in relation to the order.

Textual Amendments

F1 Words in Sch. 27 para. 7(1)(b) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(a)

Commencement Information

I1 Sch. 27 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2