Sentencing Act 2020

PART 8 E+W Custodial sentences

[F1 General limit on magistrates’ court’s power to impose custodial sentence E+W

Textual Amendments

F1 Sch. 23 para. 14A and cross-heading inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(2), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

14A (1) The Secretary of State may by regulations amend section 224(1A)(b) (general limit on custodial sentence for either-way offence in magistrates’ court)— E+W

(a) if for the time being it refers to 12 months, to substitute a reference to 6 months for the reference to 12 months, or

(b) if for the time being it refers to 6 months, to substitute a reference to 12 months for the reference to 6 months.

(2) An amendment under sub-paragraph (1) has effect only in relation to an offence for which a person is convicted on or after the day on which the amendment comes into force.

(3) Regulations under sub-paragraph (1) are subject to the negative resolution procedure.]

Detention and training orders: end of period of supervision E+W

15 (1) Subject to sub-paragraphs (2) and (3), the Secretary of State may by regulations amend section 242 (detention and training order: period of supervision) as it has effect for the time being so as to alter the point at which the period of supervision of a detention and training order is to end. E+W

(2) The period of supervision must end no later than the end of the term of the order.

(3) Regulations under this paragraph may not include provision about cases in which—

(a) the offender is aged 18 or over at the half-way point of the term of the detention and training order, and

(b) the order was made in respect of an offence committed on or after 1 February 2015.

(4) Expressions used in this paragraph and sections 233 to 237 have the same meanings in this paragraph as in those sections.

(5) For the purposes of sub-paragraph (3)(b), where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.

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

(7) 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

I1 Sch. 23 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offenders of particular concern: listed offences E+W

16 (1) The Secretary of State may by regulations amend Schedule 13 by— E+W

(a) adding offences, or

(b) varying or omitting offences listed in the Schedule.

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

Commencement Information

I2 Sch. 23 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Suspended sentence order: power to amend amounts of fines E+W

17 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 13(1)(c) of Schedule 16 to the Code (breach etc of community requirement of suspended sentence order or conviction of further offence). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 13(1)(c) of Schedule 16 to the Code has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, 3 December 2012.

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

Commencement Information

I3 Sch. 23 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to exclude application of minimum sentences to those under 18 E+W

18 (1) The Secretary of State may by regulations— E+W

(a) amend section 311(1)(b) (minimum sentence for certain offences involving firearms that are prohibited weapons) by substituting for the word “16” the word “18”;

(b) repeal section 252(1)(b) (maximum sentence of detention in case where minimum sentence required under section 311).

(2) Regulations under this paragraph may make such other provision as the Secretary of State considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(3) Regulations under this paragraph may make provision in relation to offences even if committed, or the offender was convicted, before the regulations come into force.

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

Commencement Information

I4 Sch. 23 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Determining minimum term of mandatory life sentence E+W

19 (1) The Lord Chancellor may by regulations amend Schedule 21. E+W

(2) Before making regulations under sub-paragraph (1), the Lord Chancellor must consult the Sentencing Council for England and Wales.

(3) Regulations under this paragraph may not have effect in relation to any offence committed before the regulations come into force.

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

Commencement Information

I5 Sch. 23 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2