- Latest available (Revised)
- Original (As enacted)
Sentencing Act 2020, Section 342A is up to date with all changes known to be in force on or before 17 August 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies where—
(a)a person aged 18 or over (“the offender”) is convicted of an offence which was committed on or after the first appointed day, and
(b)the prosecution makes an application to the court for a serious violence reduction order to be made in respect of the offender.
(2)Subject to subsection (6), the court may make a serious violence reduction order in respect of the offender if—
(a)the condition in subsection (3) or (4) is met, and
(b)the condition in subsection (5) is met.
(3)The condition in this subsection is that the court is satisfied on the balance of probabilities that—
(a)a bladed article or offensive weapon was used by the offender in the commission of the offence, or
(b)the offender had a bladed article or offensive weapon with them when the offence was committed.
(4)The condition in this subsection is that the court is satisfied on the balance of probabilities that—
(a)a bladed article or offensive weapon was used by another person in the commission of the offence and the offender knew or ought to have known that this would be the case, or
(b)another person who committed the offence had a bladed article or offensive weapon with them when the offence was committed and the offender knew or ought to have known that this would be the case.
(5)The condition in this subsection is that the court considers it necessary to make a serious violence reduction order in respect of the offender to—
(a)protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon,
(b)protect any particular members of the public in England and Wales (including the offender) from such risk, or
(c)prevent the offender from committing an offence involving a bladed article or offensive weapon.
(6)The court may make a serious violence reduction order in respect of the offender only if it—
(a)does so in addition to dealing with the offender for the offence, and
(b)does not make an order for absolute discharge under section 79 in respect of the offence.
(7)For the purpose of deciding whether to make a serious violence reduction order the court may consider evidence led by the prosecution and evidence led by the offender.
(8)It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted.
(9)The court may adjourn any proceedings on an application for a serious violence reduction order even after sentencing the offender.
(10)If the offender does not appear for any adjourned proceedings the court may—
(a)further adjourn the proceedings,
(b)issue a warrant for the offender’s arrest, or
(c)hear the proceedings in the offender’s absence.
(11)The court may not act under subsection (10)(b) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.
(12)The court may not act under subsection (10)(c) unless it is satisfied that the offender—
(a)has had adequate notice of the time and place of the adjourned proceedings, and
(b)has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender’s absence.
(13)On making a serious violence reduction order the court must in ordinary language explain to the offender—
(a)the effects of the order, and
(b)the powers that a constable has in respect of the offender under section 342E while the order is in effect.
(14)In subsection (1)(a) “the first appointed day” means the first day appointed by regulations under section 208(1) of the Police, Crime, Sentencing and Courts Act 2022 for the coming into force to any extent of section 165 of that Act.
(15)In subsection (4) the references to the offence include references to any offence arising out of the same facts as the offence.]
Textual Amendments
F1Pt. 11 Ch. 1A inserted (28.4.2022 for specified purposes, 19.4.2023 for the specified purpose and for the specified period of 24 months beginning with that date) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 165(1), 166, 208(4)(u); S.I. 2023/387, regs. 1, 5(1)(a)(2) (with regs. 6-8)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: