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Sentencing Act 2020

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Changes over time for: Section 402

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Point in time view as at 14/07/2022.

Changes to legislation:

Sentencing Act 2020, Section 402 is up to date with all changes known to be in force on or before 27 February 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

402Powers to re-sentenceE+W

(1)Where under this Code a court has power to re-sentence an offender for an offence, the court may deal with the offender in any way in which it could deal with the offender—

(a)if the offender had just been convicted by or before it of the offence, and

(b)in a case where the offender was aged under 18 when in fact convicted of the offence, as if the offender were the same age as when in fact convicted.

(2)But where under this Code the Crown Court has power to re-sentence an offender for an offence and subsection (3) applies, the power of the Crown Court is power to deal with the offender in any way in which a magistrates' court could deal with the offender for the offence if—

(a)the offender had just been convicted by the magistrates' court of the offence, and

(b)in a case where the offender was aged under 18 when in fact convicted of the offence, the offender were the same age as when in fact convicted.

(3)This subsection applies where—

(a)the Crown Court's power to re-sentence the offender for the offence is exercisable—

(i)where the Crown Court revokes another order previously made in respect of the offence, or

(ii)where an order for conditional discharge has previously been made in respect of the offence, by virtue of a further offence committed during the period of conditional discharge, and

(b)the previous order was made—

(i)by a magistrates' court, or

(ii)by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates' court on convicting the offender of the offence.

Commencement Information

I1S. 402 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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