Offenders assisting investigations and prosecutions

Supplementary provision
12
After section 304E of AFA 2006 insert—

Sections 304C to 304E: statements in open court
304F
1
Subsections (2) and (3) apply if, in accordance with section 304C or 304D, a court passes or substitutes a lesser sentence than it would have passed if the assistance mentioned in those sections had not been given or offered (a “discounted sentence”).
2
The court must state in open court—
a
that it has passed or substituted a discounted sentence; and
b
what the greater sentence would have been.
3
If the court thinks that it would not be in the public interest to disclose that the sentence is a discounted sentence—
a
subsection (2) does not apply;
b
the court must give written notice of the matters specified in paragraphs (a) and (b) of that subsection to both the prosecutor and the defendant; and
c
section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that it has passed or substituted a discounted sentence.
4
Subsection (5) applies if a court—
a
substitutes a sentence in accordance with section 304E; and
b
thinks that it would not be in the public interest to disclose that the person received a discounted sentence under section 304C or 304D.
5
Section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that the person received a discounted sentence.

Sections 304D and 304E: exclusion of public from review proceedings
304G
1
This section applies to—
a
proceedings relating to a referral made under section 304D or 304E; and
b
any other proceedings arising in consequence of such proceedings.
2
The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—
a
to exclude a person from the proceedings;
b
to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the referral has been made).
3
The power under subsection (2)(a) does not include power to exclude—
a
a member or officer of the court;
b
a party to the proceedings;
c
a prosecuting officer dealing with the proceedings;
d
counsel or a solicitor for a party to the proceedings;
e
a person otherwise directly concerned with the proceedings.
4
An order under subsection (2) may be made only to the extent that the court thinks—
a
that it is necessary to do so to protect the safety of any person; and
b
that it is in the interests of justice.
5
This section does not affect any other power which the court has by virtue of any rule of law or other enactment—
a
to exclude a person from proceedings; or
b
to restrict the publication of matters relating to proceedings.

Meaning of “sentence”
304H
In this Part—
a
“sentence” includes any order made by a court when dealing with an offender in respect of an offence; and
b
a reference to a greater or lesser sentence must be interpreted accordingly.
S. 12 in force at 16.10.2024 by S.I. 2024/1032, reg. 2(1)