Sentencing Act 2020

PART 5 Conviction of further offence

Powers of magistrates’ court following subsequent conviction

22 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”).

23 (1) This paragraph applies if the existing community order was made by a magistrates’ court.

(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.

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

(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.

Powers of Crown Court following subsequent conviction

25 (1) This paragraph applies where a community order is in force in respect of an offender, and the offender—

(a) is convicted of an offence by the Crown Court, or

(b) is brought or appears before the Crown Court—

(i) by virtue of paragraph 24, or

(ii) having been committed by a magistrates’ court to the Crown Court for sentence.

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

(a) revoke the order, or

(b) both—

(i) revoke the 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 Crown 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 Crown Court may issue a warrant for the offender’s arrest.

(5) If the Crown 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.