Sentencing Act 2020

[F1 342A Power to make serious violence reduction order E+W

(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

F1 Pt. 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)