Magistrates’ Courts Act 1980, Section 20A is up to date with all changes known to be in force on or before 09 March 2025. 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.
(1)Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.
(2)Subsection (1) above is subject to [F2sections 15(4), 18(8) and 21(6) of the Sentencing Code].
(3)Except as provided in subsection (1) above—
(a)an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and
(b)no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence.
(4)Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea—
(a)asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or
(b)an indication by the accused under that section of how he would plead.
(5)Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register.
(6)In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within [F3the meaning given by section 222 of the Sentencing Code], and references to a non-custodial sentence shall be construed accordingly.]
Textual Amendments
F1Ss. 20, 20A substituted for s. 20 (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 6; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F2Words in s. 20A(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 47(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 20A(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 47(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C1S. 20A(1) excluded by 2006 c. 6, s. 5(3) (as substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 26; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
C2S. 20A(1) excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 21(6), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
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