- Latest available (Revised)
- Point in Time (30/03/2023)
- Original (As enacted)
Point in time view as at 30/03/2023.
Sentencing Act 2020, Section 387 is up to date with all changes known to be in force on or before 04 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies if—
(a)the Crown Court has passed a sentence on an offender in respect of an offence,
(b)the sentence (“the original sentence”) is a discounted sentence in consequence of the offender's having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence, and
(c)the offender knowingly fails to any extent to give assistance in accordance with the agreement.
(2)A specified prosecutor may at any time refer the case back to the Crown Court if—
(a)the offender is still serving the original sentence, and
(b)the specified prosecutor thinks it is in the interests of justice to do so.
(3)A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.
(4)If the court is satisfied that the offender knowingly failed to give the assistance it may substitute for the original sentence a sentence that is—
(a)greater than the original sentence, but
(b)not greater than the sentence which it would have passed but for the agreement mentioned in subsection (1)(b) (“the original maximum”).
(5)Subsections (6) to (9) apply where a sentence is substituted under subsection (4).
(6)Where the substitute sentence is less than the original maximum, the court must state in open court—
(a)that fact, and
(b)the original maximum.
This is subject to subsection (8).
(7)Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a substitute sentence is imposed under subsection (4) unless—
(a)the court considers that it is not in the public interest to disclose that the original sentence was a discounted sentence, or
(b)subsection (8) provides otherwise.
(8)Where the substitute sentence is less than the original maximum and the court considers that it would not be in the public interest to disclose that fact—
(a)subsection (6) does not apply;
(b)the court must give a written statement of the matters specified in subsection (6)(a) and (b) to—
(i)the prosecutor, and
(ii)the offender;
(c)section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is less than the original maximum.
(9)Any part of the original sentence which the offender has already served must be taken into account in determining when the substitute sentence has been served.
Commencement Information
I1S. 387 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: