Sentencing Act 2020

Powers of magistrates' court following subsequent conviction E+W

22 E+W Paragraphs 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

I1 Sch. 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

I2 Sch. 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

I3 Sch. 10 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2