Sentencing Act 2020

PART 1 E+W Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.

1 E+W Chapter 1 of Part 8 of the Armed Forces Act 2006 is amended as follows.

Commencement Information

I1 Sch. 25 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W After section 177 insert—

“177A Effect of service compensation order on subsequent award of damages in civil proceedings

(1) This section has effect where—

(a) a service compensation order has been made in favour of any person in respect of any injury, loss or damage, and

(b) a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be decided by a court in England and Wales.

(2) The damages in the civil proceedings must be assessed without regard to the order.

(3) But the claimant may recover only an amount equal to the aggregate of—

(a) any amount by which the damages assessed exceed the compensation, and

(b) a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).

(4) The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.”

Commencement Information

I2 Sch. 25 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) Section 178 (service community orders) is amended as follows. E+W

(2) In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.

(3) For subsections (2) to (4) substitute—

“(2) The following provisions of the Sentencing Code apply in relation to a service community order under this Act—

(a) section 203 (restriction on making both community order and suspended sentence order);

(b) sections 206 and 207 (community order: available requirements);

(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than paragraph 17(2)(c) of that Schedule (condition for mental health treatment requirement) (see also the modifications to Schedule 9 made by section 179 of this Act);

(d) section 208(10) to (14) (further requirements);

(e) section 209 (end date);

(f) section 210 (specification of local justice area);

(g) section 217 (power to provide for court review);

(h) section 212(1) to (3) and (5) (provision of copies);

(i) sections 213 to 216 (obligations of responsible officer and offender);

(j) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by section 181 of this Act);

(k) section 219 and Schedule 11 (transfer of community order to Scotland or Northern Ireland) (see also the modifications to Schedule 11 made by section 180 of this Act);

(l) section 220 (when order ceases to be in force);

(m) section 394 (rules relating to community orders);

(n) section 395 (data from electronic monitoring code).

(3) In the application of those provisions, other than Schedule 10, references to a community order include a service community order.

See section 181(1) of this Act as regards references to a community order in Schedule 10.

(4) In the application of those provisions, other than in Schedules 10 and 11, references to a court include a relevant service court.

See section 180 of this Act as regards references to a court in Schedule 11.”

(4) Omit subsection (5).

Commencement Information

I3 Sch. 25 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W For section 179 (periodic review etc of service community orders) substitute—

“179 Review of service community order imposing drug rehabilitation requirement

(1) In their application to a service community order, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.

(2) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for paragraphs (4) to (6) there were substituted—

“(4) In this paragraph “the responsible court”, in relation to a service community order imposing a drug rehabilitation requirement, means the Crown Court.”

(3) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—

“(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—

(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;

(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.

(5B) Where a sentence is passed under sub-paragraph (4)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.””

Commencement Information

I4 Sch. 25 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W For section 180 (transfer of service community order to Scotland or Northern Ireland) substitute—

“180 Transfer of service community order to Scotland or Northern Ireland

(1) In its application to service community orders, Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) applies with the following modifications.

(2) In paragraphs 1, 3, 5, 6, 7, 9, 11, 12, 13, 15 and 17 the references to a court are to be read as including a relevant service court.

(3) In paragraph 14, the reference to a court in England and Wales is to be read as including a relevant service court.

(4) In paragraph 15(d), the reference to the powers of the court making or amending the community order is to be read as a reference to the powers of the Crown Court.

(5) In paragraph 21(6) to (8), the references to the court which made the order are to be read as including a relevant service court.

(6) In paragraph 22(1), the reference to the court which made the order or which last amended the order in England and Wales is to be read as a reference to the Crown Court.

(7) In paragraphs 23 to 26, the references to a court in England and Wales are to be read as references to the Crown Court.

(8) In this section “relevant service court” has the same meaning as in section 178.”

Commencement Information

I5 Sch. 25 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W For section 181 (breach, revocation or amendment of service community order) substitute—

“181 Breach, revocation or amendment of service community order

(1) Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to a service community order as it applies to a Crown Court community order (within the meaning of that Schedule) with the following modifications.

(2) Paragraph 1(1) has effect as if, for the definition of “appropriate court” there were substituted—

““appropriate court” means the Crown Court;”.

(3) Part 1 has effect as if, after paragraph 5, the following paragraph were inserted—

“Re-sentencing powers E+W

5A(1) Sub-paragraphs (2) and (3) apply where—

(a) this Schedule provides the court with a power to re-sentence an offender for the offence in respect of which a service community order was made, and

(b) the service community order was made by the Service Civilian Court.

(2) A term of imprisonment or detention in a young offender institution imposed under the power to re-sentence the offender must not exceed 6 months.

(3) A fine imposed under the power to re-sentence the offender must not exceed the prescribed sum (within the meaning of section 32 of the Magistrates' Courts Act 1980).

(4) Where a sentence is passed by virtue of a power in this Schedule for a court to re-sentence an offender, section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.”

(4) Paragraph 11 has effect as if sub-paragraph (3) were omitted.

(5) Paragraph 27 has effect as if sub-paragraphs (3)(b), (5) and (6) were omitted.”

Commencement Information

I6 Sch. 25 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 (1) Section 182 (overseas community orders) is amended as follows. E+W

(2) In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.

(3) In subsection (1A), for the words from “a requirement” to the end, substitute “any of the following—

(a) a foreign travel prohibition requirement;

(b) an alcohol abstinence and monitoring requirement;

(c) an electronic compliance monitoring requirement;

(d) an electronic whereabouts monitoring requirement.”

(4) In subsection (2), omit “mentioned in section 177(1) of the 2003 Act”.

(5) For subsections (3) to (5) substitute—

“(3) The following provisions of the Sentencing Code apply in relation to an overseas community order under this Act—

(a) section 203 (restriction on making both community order and suspended sentence order);

(b) sections 206 and 207(3) (community order: available requirements);

(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than the following provisions of that Schedule—

(i) paragraph 3(1)(b) (unpaid work requirement: availability of arrangements);

(ii) paragraph 10(3) (requirement to impose electronic monitoring requirement when imposing curfew requirement);

(iii) paragraph 12 (requirement to impose electronic monitoring requirement when imposing exclusion requirement);

(iv) paragraph 15 (foreign travel prohibition requirement);

(v) paragraph 17(2)(c) (condition for mental health treatment requirement);

(vi) paragraphs 21 and 22 (periodic review of drug rehabilitation requirement);

(vii) paragraphs 25 and 26 (alcohol abstinence and monitoring requirement);

(viii) paragraph 28(a) (availability of attendance centre);

(ix) paragraphs 29 to 35 (electronic monitoring);

(d) section 208(10) to (14) (further requirements) (see also the modifications to section 208(11) made by section 183(2) of this Act);

(e) section 209 (end date);

(f) section 212(1) to (3) and (5) (provision of copies) (see also the modifications made to section 212 by section 183(3) of this Act);

(g) sections 213 to 216 (obligations of responsible officer and offender) (see also the modifications made to sections 214 and 216 by section 183(4) and (5) of this Act);

(h) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by Schedule 6A to this Act);

(i) section 220 (when order ceases to be in force);

(j) section 394 (rules relating to community orders).

(4) In the application of those provisions to an overseas community order, references to a community order include an overseas community order.

(5) In the application of those provisions to an overseas community order, other than in Schedule 10, references to a court include a relevant service court.

See Schedule 6A to this Act as regards references to a court in Schedule 10.”

Commencement Information

I7 Sch. 25 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 E+W For section 183 (overseas community orders: modifications of 2003 Act) substitute—

“183 Overseas community orders: modifications of the Sentencing Code

(1) The provisions of the Sentencing Code mentioned in section 182(3) apply in relation to an overseas community order with the modifications set out in subsections (2) to (5).

(2) Section 208(11) has effect as if, before paragraph (a) there were inserted—

“(za) the offender is aged under 18 when convicted of the offence in respect of which the order is made;”.

(3) Section 212 (provision of copies of community order and related documents) has effect as if, in subsection (2), for paragraphs (a) to (d) there were substituted—

“(a) to the offender,

(b) to the offender's commanding officer,

(c) if the offender is aged under 14, to the offender's parent or guardian,

(d) if the order imposes an education requirement under Schedule 6 to the Armed Forces Act 2006, to Service Children's Education,

(e) to the responsible officer, and

(f) to an officer of a provider of probation services that is a public sector provider who is acting at the court.”

(4) Section 214 (obligations of responsible officer) has effect as if, at the end of subsection (2) there were inserted “, and

(c) where appropriate, to take steps to enforce those requirements.”

(5) Section 216 (duty of offender to obtain permission before changing residence) has effect as if, in subsection (4), for the words from “has the same meaning” to the end, there were substituted “ means the court that made the order ”.

(6) Schedule 6 makes provision about the application of the provisions of the Sentencing Code mentioned in section 182(3) where an overseas community order relates to a young offender.”

Commencement Information

I8 Sch. 25 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 E+W In section 184 (breach, revocation or amendment of overseas community order), for the words from the beginning to “2003 Act” substitute “ Schedule 6A (application of Schedule 10 to the Sentencing Code ”.

Commencement Information

I9 Sch. 25 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W Omit Schedule 5 (breach, revocation and amendment of community punishments).

Commencement Information

I10 Sch. 25 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 (1) Schedule 6 (overseas community orders) is amended as follows. E+W

(2) In the shoulder reference, for “section 182” substitute “ section 183(6) ”.

(3) In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “ paragraph 1(1) of Schedule 9 to the Sentencing Code ”.

(4) In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “ paragraph 11(1) of Schedule 9 to the Sentencing Code ”.

(5) In paragraph 3 (residence requirement)—

(a) for sub-paragraph (1) substitute—

“(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—

(a) in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

(b) in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.”;

(b) in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “ Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) ” does not apply”;

(c) in sub-paragraph (4), for “specified” substitute “ particular ”;

(d) omit sub-paragraph (5).

(6) In paragraph 4 (mental health requirement)—

(a) in sub-paragraph (1)—

(i) for “section 207(3) of the 2003 Act” substitute “ paragraph 17(1) of Schedule 9 to the Sentencing Code ”;

(ii) for “of offender to mental health requirement” substitute “ condition ”;

(b) in sub-paragraph (2)—

(i) for “section 208(1) of the 2003 Act” substitute “ paragraph 18 of Schedule 9 to the Sentencing Code ”;

(ii) for “the words “with the consent of the offender” do” substitute “ sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does ”.

(7) In paragraph 5 (drug rehabilitation requirement)—

(a) in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “ paragraph 19(1) of Schedule 9 to the Sentencing Code ”;

(b) in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “ paragraph 19(1)(b) of Schedule 9 to the Sentencing Code ”;

(c) in sub-paragraph (3)—

(i) for “section 209(2) of the 2003 Act” substitute “ paragraph 20(1) of Schedule 9 to the Sentencing Code ”;

(ii) for “of offender to drug rehabilitation requirement” substitute “ condition ”.

(8) In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “ paragraph 23(1) of Schedule 9 to the Sentencing Code ”.

(9) In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “ paragraph 13 of Schedule 23 to the Sentencing Act 2020 ”.

Commencement Information

I11 Sch. 25 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W After Schedule 6, insert—

Section 184

“SCHEDULE 6A E+W Breach, revocation and amendment of overseas community orders

1 Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to an overseas community order as it applies to a community order, with the modifications set out in this Schedule.

Preliminary E+W

2 Part 1 (preliminary) has effect as if—

(a) in paragraph 1(1), for the definition of “appropriate court” there were substituted—

““appropriate court” means the court that made the overseas community order;”;

(b) paragraphs 2 to 4 were omitted;

(c) in paragraph 5 (orders made on appeal), for “Crown Court” there were substituted “ Court Martial ”.

Breach of requirement of order E+W

3 Part 2 (breach of requirement of order) has effect as if—

(a) paragraph 6 were modified as set out in paragraph 4 of this Schedule;

(b) paragraph 7 were omitted;

(c) for paragraphs 8 and 9 there were substituted the paragraph 8A set out in paragraph 5 of this Schedule;

(d) paragraph 10 were omitted;

(e) paragraph 11 were modified as set out in paragraph 6 of this Schedule;

(f) after paragraph 11 there was inserted the paragraph 11A set out in paragraph 7 of this Schedule.

4 Paragraph 6 (duty to give warning or refer matter to enforcement officer) has effect as if—

(a) in sub-paragraph (2), for the words “refer the matter to an enforcement officer” there were substituted “ apply to the court that made the order for the exercise of its powers in relation to the breach in question ”;

(b) in sub-paragraph (3), for paragraph (b) there were substituted—

“(b) apply to the court that made the order for the exercise of its powers in relation to the breach.”

5 The paragraph 8A (substituted for paragraphs 8 and 9) is as follows—

“Issue of summons or warrant E+W

8A (1) This paragraph applies where—

(a) an overseas community order under the Armed Forces Act 2006 is in force, and

(b) it appears to the court that made the order, on an application by the responsible officer, that the offender has breached a requirement of the order.

(2) The court may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant.

(4) Where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.”

6 Paragraph 11 (powers of Crown Court) has effect as if—

(a) for the heading, there were substituted “ Powers of court that made the order ”;

(b) in sub-paragraph (1)(a), for “Crown Court under paragraph 9 or by virtue of paragraph 10(3)” there were substituted “ court under paragraph 8A ”;

(c) in sub-paragraph (2), for “Crown Court” there were substituted “ court ” (in both places);

(d) sub-paragraph (3) were omitted;

(e) in sub-paragraph (4), for “Crown Court” there were substituted “ court ”;

(f) in sub-paragraph (6)—

(i) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(ii) for “230(2)” there were substituted “ 260(2) of that Act ”;

(g) in sub-paragraph (7), for “Crown Court” there were substituted “ court ”;

(h) sub-paragraph (8) were omitted.

7 The paragraph 11A to be inserted after paragraph 11 is as follows—

“Further provision about fines imposed under paragraph 11 E+W

11A (1) Section 251 of the Armed Forces Act 2006 (power to order payment of fine by instalments) applies to a fine imposed under paragraph 11(2)(a) as it applies to a fine imposed by a court for a service offence.

(2) Sub-paragraph (3) applies where a court imposes a fine under paragraph 11(2)(a) on an offender who—

(a) is aged under 18 when the fine is imposed, and

(b) has a service parent or service guardian (within the meaning of section 268 of the Armed Forces Act 2006).

(3) Subsections (2) to (4) of section 268 of the Armed Forces Act 2006 (payment of fine by service parent or service guardian) apply in relation to the fine imposed under paragraph 11(2)(a) as they apply in relation to a fine in the circumstances mentioned in subsection (1) that section, but with the reference in subsection (2) of section 268 to the time of conviction being read as a reference to the time the fine is imposed.

(4) Section 269(2) of the Armed Forces Act 2006 (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3).”

Revocation of order E+W

8 Part 3 (revocation of order with or without re-sentencing) has effect as if—

(a) paragraph 14 were omitted;

(b) in paragraph 15—

(i) for the heading there were substituted “ Overseas community order ”;

(ii) in sub-paragraph (1), for “a Crown Court” there were substituted “ an overseas ”;

(iii) in sub-paragraph (1), in the words after paragraph (b), for “Crown Court” there were substituted “ court that made the order ”;

(iv) in sub-paragraphs (3), (4) and (6), for “Crown Court” there were substituted “ court ”.

Amendment of order E+W

9 Part 4 (amendment of order) has effect as if—

(a) paragraphs 16 and 17 were omitted;

(b) in paragraph 18—

(i) in sub-paragraph (2), paragraph (b) were omitted;

(ii) in sub-paragraph (9)(b)—

(a) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(b) for “230(2)” there were substituted “ 260(2) of that Act ”;

(c) paragraph 19 were omitted.

Conviction of further offence E+W

10 Part 5 (conviction of further offence) has effect as if—

(a) in the heading above paragraph 22, for “magistrates' court” there were substituted “ Service Civilian Court ”;

(b) in paragraph 22—

(i) for “Paragraphs 23 and 24 apply” there were substituted “ Paragraph 23 applies ”;

(ii) after sub-paragraph (a) (but before the “and”) there were inserted—

“(aa) the existing community order was made by the Service Civilian Court,”;

(iii) in sub-paragraph (b), for “a magistrates' court” there were substituted “ the Service Civilian Court ”;

(c) in paragraph 23, sub-paragraphs (1) and (6) were omitted;

(d) paragraph 24 were omitted;

(e) in the heading above paragraph 25, for “Crown Court” there were substituted “ Court Martial ”;

(f) in paragraph 25—

(i) in sub-paragraphs (1)(a), (2), (3), (4) and (5), for “Crown Court” there were substituted “ Court Martial ”;

(ii) sub-paragraph (1)(b) were omitted.

Supplementary E+W

11 Part 6 (supplementary) has effect as if—

(a) paragraph 26 were omitted;

(b) paragraph 27 were modified as set out in paragraph 12 of this Schedule.

12 Paragraph 27 (provision of copies of orders etc) has effect as if—

(a) for sub-paragraph (2) there were substituted—

“(2) The court administration officer (within the meaning of the Armed Forces Act 2006) must provide copies of the revoking or amending order to—

(a) the offender,

(b) the responsible officer,

(c) the offender's commanding officer, and

(d) if the offender is aged under 14, the offender's parent or guardian.”;”;

(b) sub-paragraph (3) were omitted;

(c) in the opening words of sub-paragraph (4), for “the court” there were substituted “ the court administration officer (within the meaning of the Armed Forces Act 2006) ”;

(d) in the table in sub-paragraph (4), at the end there were inserted—

“An education requirement

Service Children's Education”;

(e) sub-paragraphs (5) to (7) were omitted.

Court Martial Rules E+W

13 If Court Martial Rules provide that powers of the Court Martial under Schedule 10 to the Sentencing Code as applied by this Schedule are to be exercised by a judge advocate, the rules may also disapply section 160 of this Act in relation to sentences passed under that Schedule.

Appeals E+W

14 A person who—

(a) is sentenced by the Court Martial under paragraph 25(2)(b)(ii) of Schedule 10 to the Sentencing Code as applied by this Schedule, and

(b) was not convicted by the Court Martial of the offence in respect of which the sentence is passed,

is to be treated, for the purpose of enabling an appeal under the Court Martial Appeals Act 1968 against the sentence, as if he or she had been so convicted.”

Commencement Information

I12 Sch. 25 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 E+W In section 185 (conditional or absolute discharge), in subsection (2)(b), for “section 12(1)(b) of the Sentencing Act” substitute “ section 80(5) of the Sentencing Code ”.

Commencement Information

I13 Sch. 25 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2