Search Legislation

Sentencing Act 2020

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: CHAPTER 1

 Help about opening options

Alternative versions:

Changes to legislation:

Sentencing Act 2020, CHAPTER 1 is up to date with all changes known to be in force on or before 27 September 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

CHAPTER 1E+WCosts, fines and other financial orders where offender aged under 18

Offender aged under 18: order for payment by parent or guardianE+W
380Order for parent or guardian to pay fine, costs, compensation or surchargeE+W

(1)Where any enactment provides that this section applies to an amount which, but for that enactment, the court would order the offender to pay, the court—

(a)must, or

(b)if the offender is aged 16 or over, may,

order that the amount is to be paid by the parent or guardian instead of by the offender himself or herself.

(2)Subsection (1) does not apply if the court is satisfied that—

(a)the parent or guardian cannot be found, or

(b)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(3)No order may be made under subsection (1) without giving the parent or guardian an opportunity of being heard.

(4)But an order under subsection (1) may be made against a parent or guardian who, having been required to attend, has failed to do so.

(5)A parent or guardian may appeal to the Crown Court against an order under subsection (1) made by a magistrates' court.

(6)A parent or guardian may appeal to the Court of Appeal against an order under subsection (1) made by the Crown Court, as if the parent or guardian had been convicted on indictment and the order were a sentence passed on the parent's or guardian's conviction.

Modifications etc. (not altering text)

C1S. 380 applied by 2000 c. 6, Sch. 5 para. 2(3A) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 170(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 380 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

381Costs awarded against offender under 18: payment by parent or guardianE+W

Where—

(a)but for this section, a court would impose costs in respect of an offence on an offender, and

(b)the offender was aged under 18 when convicted of the offence,

section 380 applies to the amount of the costs awarded.

Commencement Information

I2S. 381 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

382Power to determine financial circumstances of offender's parent or guardianE+W

(1)For the purposes of any order under section 380, where—

(a)the parent or guardian of an offender aged under 18—

(i)has failed to comply with a financial circumstances order imposed by virtue of section 35(4), or

(ii)has otherwise failed to co-operate with the court in its inquiry into the parent's or guardian's financial circumstances, and

(b)the court considers that it has insufficient information to make a proper determination of the parent's or guardian's financial circumstances,

the court may make such determination as it thinks fit.

(2)Subsections (3) to (5) apply where a court has—

(a)made an order under section 380 in respect of a parent or guardian of an offender to pay the amount of a fine, and

(b)in fixing the amount of the fine, determined the financial circumstances of the parent or guardian under subsection (1).

(3)If on subsequently inquiring into the financial circumstances of the parent or guardian the court is satisfied that, had it had the results of that inquiry when sentencing the offender, it—

(a)would have fixed a smaller amount, or

(b)would not have fined the offender,

it may remit the whole or part of the fine.

(4)Where under subsection (3) the court remits the whole or part of the fine after a term of—

(a)imprisonment, or

(b)detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

has been fixed under section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) in respect of the amount ordered to be paid under section 380, the court must reduce the term by the corresponding proportion.

(5)In calculating any reduction required by subsection (4), any fraction of a day is to be ignored.

Commencement Information

I3S. 382 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders other than fines: powers of Crown Court to order time for payment etcE+W
383Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensationE+W

Where the Crown Court makes an order mentioned in Part 1 of Schedule 9 to the Administration of Justice Act 1970 (orders against accused for the payment of costs or compensation), the court may—

(a)allow time for the payment of the sum due under the order;

(b)direct payment of that sum by instalments of the amounts and on the dates specified in the order.

Commencement Information

I4S. 383 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources