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Sentencing Act 2020

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Changes over time for: Paragraph 21

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This version of this cross heading contains provisions that are prospective. Help about Status

Changes to legislation:

Sentencing Act 2020, Paragraph 21 is up to date with all changes known to be in force on or before 29 January 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. Help about Changes to Legislation

Prospective

21(1)Schedule 10 (breach etc of community order) is amended as follows.E+W

(2)In paragraph 10 (powers of magistrates' court on breach)—

(a)in sub-paragraph (5), after paragraph (c) insert—

(d)where—

(i)the community order was made by a magistrates' court,

[F1(ia)the order does not qualify for special procedures for the purposes of paragraph (ba);]

(ii)the offence in respect of which the order was made was not an offence punishable by imprisonment,

(iii)the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.

(b)in sub-paragraph (9), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(c)after that sub-paragraph insert—

(9A)In sub-paragraph (5)(d), “relevant custodial sentence” means—

(a)in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b)in any other case, a sentence of imprisonment.;

(d)in sub-paragraph (10), after “(5)(c)” insert “ or (d) ”;

(e)in sub-paragraph (11), after “(5)(c)” insert “ or (d) ”.

(3)In paragraph 11 (powers of Crown Court on breach)—

(a)in sub-paragraph (2), after paragraph (c) insert—

(d)where—

[F2(ai)the community order does not qualify for special procedures for the purposes of paragraph (ba),]

(i)the offence in respect of which the order was made was not an offence punishable by imprisonment, and

(ii)the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.;

(b)in sub-paragraph (6), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(c)after that sub-paragraph insert—

(6A)In sub-paragraph (2)(d), “relevant custodial sentence” means—

(a)in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b)in any other case, a sentence of imprisonment.;

(d)in sub-paragraph (7), after “(2)(c)” insert “ or (d) ”.

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