Sentencing Act 2020

85 Duty and power to make referral order E+W

(1) Where a referral order is available—

(a) the court must make a referral order if the compulsory referral conditions are met;

(b) otherwise, the court may make a referral order.

(2) The compulsory referral conditions are met where—

(a) the offence is an imprisonable offence,

(b) the offender pleaded guilty to the offence and to any connected offence, and

(c) the offender has never been—

(i) convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, F1 ...

F1 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (2A) But the compulsory referral conditions are not met if—

(a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b) the offender has previously been convicted by or before a court in a member State of any offence]

(3) For the effect of making a referral order on the court's other sentencing powers, see section 89.

Textual Amendments

F1 S. 85(2)(c)(ii) and word omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 87(1) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(3)(a))

F2 S. 85(2A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 87(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(3)(b))

Commencement Information

I1 S. 85 in force at 1.12.2020 by S.I. 2020/1236, reg. 2