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Sentencing Act 2020

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Changes over time for: Cross Heading: Powers of magistrates' court following subsequent conviction

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Point in time view as at 28/06/2022.

Changes to legislation:

Sentencing Act 2020, Cross Heading: Powers of magistrates' court following subsequent conviction is up to date with all changes known to be in force on or before 08 February 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

Powers of magistrates' court following subsequent convictionE+W

22E+WParagraphs 23 and 24 apply where—

(a)a community order (“the existing community order”) is in force in respect of an offender, and

(b)the offender is convicted of an offence by a magistrates' court (“the present court”).

Commencement Information

I1Sch. 10 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

23(1)This paragraph applies if the existing community order was made by a magistrates' court.E+W

(2)If it appears to the present court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the present court may—

(a)revoke the community order, or

(b)both—

(i)revoke the community order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(3)Unless the offender is before it, the present court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4)If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5)If the present court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(6)A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I2Sch. 10 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24(1)This paragraph applies if the existing community order was made by the Crown Court.E+W

(2)The present court may—

(a)commit the offender to custody, or

(b)release the offender on bail,

until the offender can be brought before the Crown Court.

(3)Unless the offender is before it, the present court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(4)If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5)Where the present court deals with the case under this paragraph, it must send the Crown Court such particulars of the case as may be desirable.

Commencement Information

I3Sch. 10 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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