- Latest available (Revised)
- Point in Time (28/06/2022)
- Original (As enacted)
Point in time view as at 28/06/2022.
Sentencing Act 2020, CHAPTER 2 is up to date with all changes known to be in force on or before 16 October 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Every court—
(a)must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender's case, and
(b)must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,
unless the court is satisfied that it would be contrary to the interests of justice to do so.
(2)The duty imposed by subsection (1) is subject to—
(a)section 125(1) (fine must reflect seriousness of offence);
(b)section 179(2) (restriction on youth rehabilitation order);
(c)section 186(3) and (6) (restrictions on choice of requirements of youth rehabilitation order);
(d)section 204(2) (restriction on community order);
(e)section 208(3) and (6) (restrictions on choice of requirements of community order);
(f)section 230 (threshold for imposing discretionary custodial sentence);
(g)section 231 (custodial sentence must be for shortest term commensurate with seriousness of offence);
[F1(ga)sections 268B and 282B (requirement to impose serious terrorism sentence);]
(h)sections 273 and 283 (life sentence for second listed offence for certain dangerous offenders);
(i)section 321 and Schedule 21 (determination of minimum term in relation to mandatory life sentence);
(j)the provisions mentioned in section 399(c) (mandatory minimum sentences).
(3)Nothing in this section or section 60 or 61 is to be taken as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with an offender suffering from a mental disorder in the manner it considers to be most appropriate in all the circumstances.
Textual Amendments
F1S. 59(2)(ga) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(3)
Commencement Information
I1S. 59 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where—
(a)a court is deciding what sentence to impose on an offender for an offence, and
(b)offence-specific guidelines have been issued in relation to the offence.
(2)The principal guidelines duty includes a duty to impose on the offender, in accordance with the offence-specific guidelines, a sentence which is within the offence range.
(3)Subsection (2) is subject to—
(a)section 73 (reduction in sentences for guilty pleas),
(b)sections 74, 387 and 388 (assistance by offenders: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered to be given) by the offender to the prosecutor or investigator of an offence, and
(c)any rule of law as to the totality of sentences.
(4)If the offence-specific guidelines describe different seriousness categories—
(a)the principal guidelines duty also includes a duty to decide which of the categories most resembles the offender's case in order to identify the sentencing starting point in the offence range, but
(b)nothing in this section imposes on the court a separate duty to impose a sentence which is within the category range.
(5)Subsection (4) does not apply if the court is of the opinion that, for the purpose of identifying the sentence within the offence range which is the appropriate starting point, none of the categories sufficiently resembles the offender's case.
(6)Subsections (2) and (4) (except as applied by section 61) are subject to any power a court has to impose an extended sentence.
Commencement Information
I2S. 60 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)Subsection (2) applies where a court is considering whether to impose an extended sentence for an offence.
(2)In determining the appropriate custodial term for the purposes of section 256(2), 268(2) or 281(2) (extended sentence for certain violent, sexual or terrorism offences), section 60 applies to the court as it applies to a court in determining the sentence for an offence.
(2A)Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.
(2B)In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.]
(3)Subsection (4) applies where a court is considering whether to impose a sentence under section 273 or 283 (life sentence for second listed offence) for an offence.
(4)In determining, for the purpose of deciding whether the sentence condition in section 273(4) or 283(4) is met, the sentence that it would have passed as mentioned in that condition, section 60 applies to the court as it applies to a court in determining the sentence for an offence.
(5)Subsection (6) applies where a court imposes a non-fixed life sentence for an offence.
(6)Section 60 applies to the court in determining [F4the notional determinate sentence within the meaning of] section 323 (minimum term order for non-fixed life sentence).
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section “non-fixed life sentence” means—
(a)a sentence of imprisonment for life (other than a sentence fixed by law),
(b)a sentence of detention for life under section 250, or
(c)a sentence of custody for life under section 272.
Textual Amendments
F2Words in s. 61 heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(4)(a)
F3S. 61(2A)(2B) and heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(4)(b)
F4Words in s. 61(6) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(a)(i), 208(1); S.I. 2022/520, reg. 5(n)
F5S. 61(7) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(a)(ii), 208(1); S.I. 2022/520, reg. 5(n)
Commencement Information
I3S. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)In this Chapter—
“mental disorder”, in relation to a person, has the same meaning as in the Mental Health Act 1983;
“the principal guidelines duty” means the duty, imposed by section 59(1)(a), of a court, in sentencing an offender, to follow any sentencing guidelines which are relevant to the offender's case;
“offence-specific guidelines” means any sentencing guidelines issued in relation to a particular offence which are structured in the way described in section 121(2) to (5) of the Coroners and Justice Act 2009 (and “the offence-specific guidelines”, in relation to an offence, means, if any such guidelines have been issued in relation to the offence, those guidelines);
“the sentencing starting point”, in relation to the offence range, has the meaning given by section 121(10) of the Coroners and Justice Act 2009.
(2)For the purposes of this Chapter—
(a)references to the following are to be read in accordance with section 121 of the Coroners and Justice Act 2009 (sentencing ranges)—
the offence range;
the category range;
the starting point;
the appropriate starting point;
(b)offence-specific guidelines describe different seriousness categories if they describe different categories of case in accordance with subsection (2) of that section.
Commencement Information
I4S. 62 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: