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Sentencing Act 2020

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Sentencing Act 2020, PART 3 is up to date with all changes known to be in force on or before 29 January 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

PART 3E+WReferral orders

Power to amend descriptions of offender for certain purposes connected with referral ordersE+W

3(1)The Secretary of State may by regulations amend any provision of sections 84 and 85, other than paragraphs (a) to (e) of section 84(1), to alter in any way the descriptions of offenders in whose case a referral order must or may be made.E+W

(2)The Secretary of State may by regulations amend any provision of paragraphs 14 to 16 of Schedule 4 to alter in any way the description of the offenders in the case of which an order extending the compliance period may be made.

(3)Any description of offender having effect by virtue of regulations under this paragraph may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—

(a)the offender's age,

(b)how the offender has pleaded,

(c)the offence (or offences) of which the offender has been convicted,

(d)the offender's previous convictions (if any),

(e)how (if at all) the offender has been previously punished or otherwise dealt with by any court, and

(f)any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).

(4)Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I1Sch. 23 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to alter amount of fine in respect of referral order on referral back to courtE+W

4(1)The Secretary of State may by regulations amend any sum for the time being specified in paragraph 9(3) of Schedule 4 (power to impose fine where offender fails to comply with youth offender contract).E+W

(2)Regulations under this paragraph are subject to the affirmative resolution procedure.

(3)Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I2Sch. 23 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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