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Sentencing Act 2020

Changes over time for: Section 74

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74Reduction in sentence for assistance to prosecutionE+W

(1)This section applies where the Crown Court is determining what sentence to pass in respect of an offence on an offender who—

(a)pleaded guilty to the offence,

(b)was convicted in the Crown Court or committed to the Crown Court for sentence, and

(c)pursuant to a written agreement made with a specified prosecutor, has assisted or offered to assist—

(i)the investigator,

(ii)or the specified prosecutor or any other prosecutor,

in relation to that or any other offence.

(2)The court may take into account the extent and nature of the assistance given or offered.

(3)If the court passes a sentence which is less than it would have passed but for the assistance given or offered, it must state in open court—

(a)that it has passed a lesser sentence than it would otherwise have passed, and

(b)what the greater sentence would have been.

This is subject to subsection (4).

(4)If the court considers that it would not be in the public interest to disclose that the sentence has been discounted by virtue of this section—

(a)subsection (3) does not apply,

(b)the court must give a written statement of the matters specified in subsection (3)(a) and (b) to—

(i)the prosecutor, and

(ii)the offender, and

(c)sections 52(2) and 322(4) (requirement to explain reasons for sentence or other order) do not apply to the extent that the explanation will disclose that a sentence has been discounted by virtue of this section.

[F1(4A)Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial term for serious terrorism sentences) affects the court's power under subsection (2) so far it relates to determining the appropriate custodial term.]

(5)Nothing in—

(a)any of the provisions listed in section 399(b) or (c) (minimum sentences in certain circumstances), or

(b)section 321 (and Schedule 21) (determination of minimum term in relation to mandatory life sentence),

affects the court's power under subsection (2).

Textual Amendments

Commencement Information

I1S. 74 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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