The Criminal Procedure Rules 2020

Procedure if the court convicts E+W

24.11.—(1) This rule applies if the court convicts the defendant.

(2) The court—

(a) may exercise its power to require—

(i) a statement of the defendant’s assets and other financial circumstances,

(ii) a pre-sentence report; and

(b) may (and in some circumstances must) remit the defendant to a youth court for sentence where—

(i) the defendant is under 18, and

(ii) the convicting court is not itself a youth court.

(3) The prosecutor must—

(a) summarise the prosecution case, if the sentencing court has not heard evidence;

(b) identify any offence to be taken into consideration in sentencing;

(c) provide information relevant to sentence, including any statement of the effect of the offence on the victim, the victim’s family or others; F1 ...

(d) where it is likely to assist the court, identify any other matter relevant to sentence, including—

(i) the legislation applicable,

(ii) any sentencing guidelines, or guideline cases,

(iii) aggravating and mitigating features affecting the defendant’s culpability and the harm which the offence caused, was intended to cause or might foreseeably have caused, and

(iv) the effect of such of the information listed in paragraph (2)(a) as the court may need to take into account; [F2 and]

[F3 (e) in a youth court, if the maker of a statement to which paragraph (3)(c) refers wishes to read that statement to the court, apply for a direction to which rule 24.2(1)(c) refers (attendance) and for any other direction that the prosecutor wants—

(i) when, or as soon as practicable after, the court convicts the defendant, and

(ii) as a general rule, no later than 5 business days before the hearing at which sentence is due to be passed.]

(4) The defendant must provide details of financial circumstances—

(a) in any form required by the court officer; and

(b) by any date directed by the court or by the court officer.

(5) Where the defendant pleads guilty but wants to be sentenced on a different basis to that disclosed by the prosecution case—

(a) the defendant must set out that basis in writing, identifying what is in dispute;

(b) the court may invite the parties to make representations about whether the dispute is material to sentence; and

(c) if the court decides that it is a material dispute, the court must—

(i) invite such further representations or evidence as it may require, and

(ii) decide the dispute.

(6) Where the court has power to order the endorsement of the defendant’s driving record, or power to order the defendant to be disqualified from driving—

(a) if other legislation so permits, a defendant who wants the court not to exercise that power must introduce the evidence or information on which the defendant relies;

(b) the prosecutor may introduce evidence; and

(c) the parties may make representations about that evidence or information.

(7) Before the court passes sentence—

(a) the court must—

(i) give the defendant an opportunity to make representations and introduce evidence relevant to sentence, and

(ii) where the defendant is under 18, give the defendant’s parents, guardian or other supporting adult, if present, such an opportunity as well; and

(b) the justices’ legal adviser or the court must elicit any further information relevant to sentence that the court may require.

(8) If the court requires more information, it may exercise its power to adjourn the hearing for not more than—

(a) 3 weeks at a time, if the defendant will be in custody; or

(b) 4 weeks at a time.

(9) When the court has taken into account all the evidence, information and any report available, the court must—

(a) [F4 subject to paragraph (10),] as a general rule, pass sentence there and then;

(b) when passing sentence, explain the reasons for deciding on that sentence, unless neither the defendant nor any member of the public, including any reporter, is present;

(c) when passing sentence, explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless—

(i) the defendant is absent, or

(ii) the defendant’s ill-health or disorderly conduct makes such an explanation impracticable;

(d) give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and

(e) consider exercising any power it has to make a costs or other order.

[F5 (10) Despite the general rule—

(a) the court must adjourn the hearing if—

(i) the case started with a summons, requisition or single justice procedure notice,

(ii) the defendant is absent, and

(iii) the court considers passing a custodial sentence (where it can do so), or imposing a disqualification (unless it has already adjourned the hearing to give the defendant an opportunity to attend);

(b) the court may defer sentence for up to 6 months;

(c) the court may, and in some cases must, commit the defendant to the Crown Court for sentence;

(d) if the prosecutor asks the court to commit the defendant to the Crown Court in respect of an offence so that a confiscation order can be considered—

(i) the court must commit the defendant for that purpose, and

(ii) sub-paragraph (e) applies; and

(e) where this sub-paragraph applies—

(i) the court may commit the defendant to the Crown Court to be dealt with there for any other offence of which the defendant has been convicted and with which the magistrates’ court otherwise could deal, and

(ii) if it does so, the court must state whether it would have committed the defendant to the Crown Court for sentence anyway under section 14, 16 or 16A of the Sentencing Act 2020.]

[Note. See sections 9, 10 and 11 of the Magistrates’ Courts Act 1980(1), and [F6 Sections 31, 52, 59, 63, 124, 125 and 126 of the Sentencing Act 2020].

Under section 11(3A) of the 1980 Act, a custodial sentence passed in the defendant’s absence does not take effect until the defendant is brought before the court.

Under sections 57D and 57E of the Crime and Disorder Act 1998(2), the court may require a defendant to attend a sentencing hearing by live link.

Under [F7 section 35 of the Sentencing Act 2020], the court may require a defendant who is an individual to provide a statement of assets and other financial circumstances if the defendant—

(a) serves notice of guilty plea, where rule 24.8 (Written guilty plea: special rules) applies; or

(b) is convicted.

Under section 20A of the Criminal Justice Act 1991(3), it is an offence for a defendant knowingly or recklessly to make a false or incomplete statement of assets or other financial circumstances, or to fail to provide such a statement, in response to a request by a court officer on behalf of the court.

Under [F8 section 30 of the Sentencing Act 2020], the general rule (subject to exceptions) is that the court must obtain and consider a pre-sentence report—

(a) where it is considering a custodial sentence or a community sentence;

(b) where it thinks the defendant may pose a significant risk of causing serious harm to the public by further offending.

Under [F9 section 32(3) of the Sentencing Act 2020], where the court obtains a written pre-sentence report about a defendant who is under 18, it may direct that information in it must be withheld, if it would be likely to create a risk of significant harm to the defendant.

For the circumstances in which a magistrates’ court may (and, in some cases, must) remit the defendant to a youth court for sentence, see [F10 section 25 of the Sentencing Act 2020].

The Sentencing Council may issue sentencing guidelines under section 120 of the Coroners and Justice Act 2009(4).

For the circumstances in which a court may (and, in some cases, must) order the endorsement of a defendant’s driving record, or the disqualification of a defendant from driving, see sections 34, 35 and 44 of the Road Traffic Offenders Act 1988(5). Under that legislation, in some circumstances the court has discretion not to make such an order. See also rule 29.1.

The evidence that may be introduced is subject to rules of evidence.

In addition to the specific powers to which this rule applies, the court has a general power to adjourn a trial: see rule 24.2.

Under [F11 section 52(4) of the Sentencing Act 2020], Criminal Procedure Rules may prescribe cases in which there do not apply the court’s usual duties to give reasons and explanations. Written notice of the effect of some sentences is required by rule 28.2 (Notice of requirements of suspended sentence or community, etc. order), rule 28.3 (Notification requirements) and rule 30.2 (notice of fine or other financial order).

[F12 Under section 3 of the Sentencing Act 2020, if (among other things) the defendant consents, the court may defer sentence for up to 6 months, for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances.

For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant to the Crown Court for sentence or for the making of other orders beyond a magistrates’ court’s powers, see—

(a) sections 14, 15, 16, 16A, 17, 18, 19 and 20 of the Sentencing Act 2020;

(b) the provisions listed in section 24 of the 2020 Act (including section 70 of the Proceeds of Crime Act 2002); and

(c) paragraph 11 of Schedule 16 to the 2020 Act.

See section 70(5) of the Proceeds of Crime Act 2002 for the court’s power to make the statement to which this rule refers.

See also rules 9.15 (Committal for sentence of offence related to an offence sent for trial) and 28.8 (Sentencing, etc. after committal to the Crown Court). The note to rule 28.8 summarises the statutory provisions that apply.]]

Textual Amendments

F1 Word in rule 24.11(3)(c) omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 10(c)(i)

F2 Word in rule 24.11(3)(d) inserted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 10(c)(ii)

F3 Rule 24.11(3)(e) inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 10(c)(iii)

F4 Words in rule 24.11(9)(a) inserted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 7(b)(i)

F5 Rule 24.11(10) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 7(b)(ii)

F6 Words in rule 24.11 Note substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 12(b)(i)

F7 Words in rule 24.11 Note substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 12(b)(ii)

F8 Words in rule 24.11 Note substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 12(b)(iii)

F9 Words in rule 24.11 Note substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 12(b)(iv)

F10 Words in rule 24.11 Note substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 12(b)(v)

F11 Words in rule 24.11 Note substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 12(b)(vi)

F12 Words in rule 24.11 Note substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 7(b)(iii)

Commencement Information

I1 Rule 24.11 in force at 5.10.2020, see Preamble

(1)

1980 c. 43; section 10 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 47 of the Crime and Disorder Act 1998 (c. 37). Section 11 was amended by section 123 of, and paragraph 1 of Schedule 8 to, the Criminal Justice Act 1988 (c. 33), section 168 of, and paragraph 39 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 119 of, and paragraph 39 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 304 of, and paragraphs 25 and 26 of Schedule 32 to, the Criminal Justice Act 2003 (c. 44) and section 54 of the Criminal Justice and Immigration Act 2008 (c. 4).

(2)

1998 c. 37; sections 57A to 57E were substituted for section 57 as originally enacted by section 45 of the Police and Justice Act 2006 (c. 48), and amended by sections 106, 109 and 178 of, and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25).

(3)

1991 c. 53; section 20A was inserted by section 168 of, and paragraph 43 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and amended by sections 95 and 109 of, and paragraph 350 of Schedule 8 to, the Courts Act 2003 (c. 39) and section 44 of, and paragraph 26 of Schedule 16 to, the Crime and Courts Act 2013 (c. 22).

(4)

2009 c. 25.

(5)

1988 c. 53; section 34 was amended by section 29 of the Road Traffic Act 1991 (c. 40), section 3 of the Aggravated Vehicle-Taking Act 1992 (c. 11), section 165 of, and paragraph 121 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), sections 56 and 107 of, and Schedule 8 to, the Police Reform Act 2002 (c. 30), section 25 of the Road Safety Act 2006 (c. 49), article 2 of S.I. 2007/3480, paragraphs 2 and 5 of Schedule 27 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 56 of, and paragraphs 9 and 12 of Schedule 22 to, the Crime and Courts Act 2013 (c. 22) and section 177 of, and paragraph 90 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Section 35 was amended by section 48 of, and paragraph 95 of Schedule 4 to, the Road Traffic Act 1991 (c. 40), section 165 of, and paragraph 122 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 177 of, and 90 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Section 44 was amended by regulations 2 and 3 of, and paragraph 10 of Schedule 2 to, S.I. 1990/144 and sections 9, 10 and 59 of, and Schedule 7 to, the Road Safety Act 2006 (c. 49).