The Criminal Procedure Rules 2020

Procedure if the court convictsE+W

This section has no associated Explanatory Memorandum

25.16.—[F1(1) This rule applies where the court convicts the defendant.]

(2) The court may exercise its power—

(a)if the defendant is an individual—

(i)to require a pre-sentence report,

(ii)to commission a medical report,

(iii)to require a statement of the defendant’s assets and other financial circumstances;

(b)if the defendant is a corporation, to require such information as the court directs about the defendant’s corporate structure and financial resources;

(c)to adjourn sentence pending—

(i)receipt of any such report, statement or information,

(ii)the verdict in a related case.

(3) The prosecutor must—

(a)summarise the prosecution case, if the sentencing court has not heard evidence;

(b)identify in writing any offence that the prosecutor proposes should be taken into consideration in sentencing;

(c)provide information relevant to sentence, including—

(i)any previous conviction of the defendant, and the circumstances where relevant,

(ii)any statement of the effect of the offence on the victim, the victim’s family or others; F2...

(d)identify any other matter relevant to sentence, including—

(i)the legislation applicable,

(ii)any sentencing guidelines, or guideline cases,

(iii)aggravating and mitigating features affecting the defendant’s culpability and the harm which the offence caused, was intended to cause or might foreseeably have caused, and

(iv)the effect of such of the information listed in paragraph (2) as the court may need to take into account; [F3and]

[F4(e)if the court so directs, where no single indictment contains every count on which the defendant is to be sentenced provide a substituted indictment for sentencing purposes that contains every such count and indicates—

(i)the indictment from which each such count derives,

(ii)the defendant’s plea to each such count,

(iii)if a guilty plea, the date on which that plea was entered, and

(iv)otherwise, the date on which the defendant was convicted on that count.]

(4) Where the defendant pleads guilty, the court may give directions for determining the facts on the basis of which sentence must be passed if—

(a)the defendant wants to be sentenced on a basis agreed with the prosecutor; or

(b)in the absence of such agreement, the defendant wants to be sentenced on the basis of different facts to those disclosed by the prosecution case.

(5) Where the court has power to order the endorsement of the defendant’s driving record, or power to order the defendant to be disqualified from driving—

(a)if other legislation so permits, a defendant who wants the court not to exercise that power must introduce the evidence or information on which the defendant relies;

(b)the prosecutor may introduce evidence; and

(c)the parties may make representations about that evidence or information.

(6) Before passing sentence—

(a)the court must give the defendant an opportunity to make representations and introduce evidence relevant to sentence;

(b)where the defendant is under 18, the court may give the defendant’s parents, guardian or other supporting adult, if present, such an opportunity as well; and

(c)if the court requires more information, it may exercise its power to adjourn the hearing.

(7) When the court has taken into account all the evidence, information and any report available, the court must—

(a)as a general rule, pass sentence at the earliest opportunity;

(b)when passing sentence—

(i)explain the reasons,

(ii)explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless the defendant is absent or the defendant’s ill-health or disorderly conduct makes such an explanation impracticable, and

(iii)give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and

(c)deal with confiscation, costs and any behaviour order.

(8) The general rule is subject to the court’s power to defer sentence for up to 6 months.

[Note. See [F5Sections 31, 52, 59, 63, 124, 125 and 126 of the Sentencing Act 2020].

Under sections 57D and 57E of the Crime and Disorder Act 1998(1), the court may require a defendant to attend a sentencing hearing by live link.

Under [F6section 30 of the Sentencing Act 2020], the general rule (subject to exceptions) is that the court must obtain and consider a pre-sentence report—

(a)where it is considering a custodial sentence or a community sentence;

(b)where it thinks the defendant may pose a significant risk of causing serious harm to the public by further offending.

Under [F7section 32(3) of the Sentencing Act 2020], where the court obtains a written pre-sentence report about a defendant who is under 18, it may direct that information in it must be withheld, if it would be likely to create a risk of significant harm to the defendant.

Rule 28.8 of these Rules applies to commissions for medical reports.

Under [F8section 35 of the Sentencing Act 2020], the court may require a defendant who is an individual to provide a statement of assets and other financial circumstances if the defendant is convicted.

Under section 20A of the Criminal Justice Act 1991(2), it is an offence for a defendant knowingly or recklessly to make a false or incomplete statement of assets or other financial circumstances, or to fail to provide such a statement, in response to a request by a court officer on behalf of the court.

The Sentencing Council may issue sentencing guidelines under section 120 of the Coroners and Justice Act 2009(3).

For the circumstances in which a court may (and, in some cases, must) order the endorsement of a defendant’s driving record, or the disqualification of a defendant from driving, see sections 34, 35 and 44 of the Road Traffic Offenders Act 1988(4). Under that legislation, in some circumstances the court has discretion not to make such an order. See also rule 29.1.

The evidence that may be introduced is subject to rules of evidence.

In addition to the specific powers to which this rule applies, the court has a general power to adjourn a trial: see rule 25.2.

Part 28 contains rules about sentencing procedure in special cases. Part 31 contains rules about behaviour orders. Part 33 contains rules about confiscation and related orders. Part 45 contains rules about costs.

Under [F9section 3 of the Sentencing Act 2020], if (among other things) the defendant consents, the court may defer sentence for up to 6 months, for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances.]

Textual Amendments

Commencement Information

I1Rule 25.16 in force at 5.10.2020, see Preamble

(1)

1998 c. 37; sections 57A to 57E were substituted for section 57 as originally enacted by section 45 of the Police and Justice Act 2006 (c. 48), and amended by sections 106, 109 and 178 of, and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25). Section 57A was further amended by paragraphs 36 and 39 of Schedule 12 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(2)

1991 c. 53; section 20A was inserted by section 168 of, and paragraph 43 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and amended by sections 95 and 109 of, and paragraph 350 of Schedule 8 to, the Courts Act 2003 (c. 39) and section 44 of, and paragraph 26 of Schedule 16 to, the Crime and Courts Act 2013 (c. 22).

(4)

1988 c. 53; section 34 was amended by section 29 of the Road Traffic Act 1991 (c. 40), section 3 of the Aggravated Vehicle-Taking Act 1992 (c. 11), section 165 of, and paragraph 121 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), sections 56 and 107 of, and Schedule 8 to, the Police Reform Act 2002 (c. 30), section 25 of the Road Safety Act 2006 (c. 49), article 2 of S.I. 2007/3480, paragraphs 2 and 5 of Schedule 27 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 56 of, and paragraphs 9 and 12 of Schedule 22 to, the Crime and Courts Act 2013 (c. 22) and section 177 of, and paragraph 90 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Section 35 was amended by section 48 of, and paragraph 95 of Schedule 4 to, the Road Traffic Act 1991 (c. 40), section 165 of, and paragraph 122 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 177 of, and 90 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Section 44 was amended by regulations 2 and 3 of, and paragraph 10 of Schedule 2 to, S.I. 1990/144 and sections 9, 10 and 59 of, and Schedule 7 to, the Road Safety Act 2006 (c. 49).