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+WDeferment of sentence

3Deferment orderE+W

(1)In this Code “deferment order” means an order deferring passing sentence on an offender in respect of one or more offences until the date specified in the order, to enable a court, in dealing with the offender, to have regard to—

(a)the offender's conduct after conviction (including, where appropriate, the offender's making reparation for the offence), or

(b)any change in the offender's circumstances.

(2)A deferment order may impose requirements (“deferment requirements”) as to the offender's conduct during the period of deferment.

(3)Deferment requirements may include—

(a)requirements as to the residence of the offender during all or part of the period of deferment;

(b)restorative justice requirements.

Commencement Information

I1S. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4Availability of deferment orderE+W

(1)A deferment order is available to the Crown Court or a magistrates' court in respect of an offence where—

(a)the offender is before the court to be dealt with for the offence, and

(b)no previous deferment order has been made in respect of the offence.

See also section 11(4) (power of Crown Court to make further deferment order where magistrates' court commits offender for sentence).

(2)But a deferment order is not available to a magistrates' court dealing with an offender in respect of an offence for which section 85(1)(a) (compulsory referral conditions) requires the court to make a referral order.

Commencement Information

I2S. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5Making a deferment orderE+W

(1)A court may make a deferment order in respect of an offence only if—

(a)the offender consents,

(b)the offender undertakes to comply with any deferment requirements the court proposes to impose,

(c)if those requirements include a restorative justice requirement, section 7(2) (consent of participants in restorative justice activity) is satisfied, and

(d)the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to make the order.

(2)The date specified under section 3(1) in the order may not be more than 6 months after the date on which the order is made.

(3)A court which makes a deferment order must forthwith give a copy of the order—

(a)to the offender,

(b)if it imposes deferment requirements that include a restorative justice requirement, to every person who would be a participant in the activity concerned (see section 7(1)),

(c)where an officer of a provider of probation services has been appointed to act as a supervisor, to that provider, and

(d)where a person has been appointed under section 8(1)(b) to act as a supervisor, to that person.

(4)A court which makes a deferment order may not on the same occasion remand the offender, notwithstanding any enactment.

Commencement Information

I3S. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6Effect of deferment orderE+W

(1)Where a deferment order has been made in respect of an offence, the court which deals with the offender for the offence may have regard to—

(a)the offender's conduct after conviction, or

(b)any change in the offender's circumstances.

(2)The matters to which the court may have regard in dealing with the offender include, in particular—

(a)where appropriate, the making by the offender of reparation for the offence, and

(b)the extent to which the offender has complied with any deferment requirements.

(3)Subsection (4) applies where—

(a)the court which made a deferment order proposes to deal with the offender on the date specified in the order, or

(b)the offender does not appear on that date.

(4)The court may—

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

(b)issue a warrant for the offender's arrest which requires the offender to be brought before the court at the time and place specified in the warrant.

(5)Subsection (6) applies where a magistrates' court makes a deferment order.

(6)In making the order the court is to be regarded as having adjourned the trial under section 10(1) of the Magistrates' Courts Act 1980.

Accordingly, sections 11(1) and 13(1) to (3A) and (5) of that Act (non-appearance of the accused) apply if the offender does not appear on the date specified in the deferment order (but this is without prejudice to subsection (4)).

Commencement Information

I4S. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7Restorative justice requirementsE+W

(1)Any reference in this Chapter to a restorative justice requirement is to a requirement to participate in an activity—

(a)where the participants consist of, or include, the offender and one or more of the victims,

(b)which aims to maximise the offender's awareness of the impact of the offending concerned on the victims, and

(c)which gives an opportunity to a victim or victims to talk about, or by other means express experience of, the offending and its impact.

(2)A restorative justice requirement may not be imposed as a deferment requirement without the consent of every person who would be a participant in the activity.

(3)For the purposes of subsection (2), a supervisor and the offender do not count as proposed participants.

(4)A person running an activity for the purposes of a restorative justice requirement must have regard to any guidance issued from time to time by the Secretary of State with a view to encouraging good practice in connection with such an activity.

(5)In this section “victim” means a victim of, or other person affected by, the offending concerned.

Commencement Information

I5S. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8Deferment order: supervisorE+W
Appointment of supervisor

(1)Where a court makes a deferment order that imposes deferment requirements, it may appoint—

(a)an officer of a provider of probation services, or

(b)any other person the court thinks appropriate who consents to the appointment,

to act as a supervisor in relation to the offender.

Function of supervisor

(2)A supervisor must—

(a)monitor the offender's compliance with the deferment requirements, and

(b)provide the court which deals with the offender for any offence in respect of which the order was made with such information as the court may require relating to the offender's compliance with the deferment requirements.

Supervisor appointed under subsection (1)(b): power of magistrates' court to issue summons

(3)Where—

(a)a deferment order imposes deferment requirements,

(b)it falls to a magistrates' court to—

(i)deal with the offender for any offence in respect of which the order was made, or

(ii)determine under section 9(3)(b) whether the offender has failed to comply with a deferment requirement, and

(c)a justice of the peace is satisfied that a supervisor appointed under subsection (1)(b)—

(i)is likely to be able to give evidence that may assist the court in doing so, and

(ii)will not voluntarily attend as a witness,

the justice may issue a summons directed to that supervisor requiring the supervisor to attend before the court at the time and place appointed in the summons to give evidence.

Commencement Information

I6S. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9Failure to comply with deferment requirementE+W

(1)This section applies where—

(a)a court has made a deferment order that imposes deferment requirements, and

(b)a supervisor has reported to the court that the offender has failed to comply with one or more of the deferment requirements.

(2)The court may issue—

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

(b)a warrant for the offender's arrest which requires the offender to be brought before it at the time and place specified in the warrant.

(3)The court may deal with the offender for the offence in respect of which the order was made before the end of the period of deferment if—

(a)the offender appears or is brought before the court under subsection (2), and

(b)the court is satisfied that the offender has failed to comply with one or more of the deferment requirements.

For the powers of the court in dealing with the offender under this subsection, see section 11.

Commencement Information

I7S. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10Conviction of offence during period of defermentE+W

(1)This section applies where a court has made a deferment order in respect of an offence.

Power of court which made deferment order

(2)The court which made the order (“the original court”) may deal with the offender for the offence in respect of which the deferment order was made before the end of the period of deferment if during that period the offender is convicted in Great Britain of any offence.

For the powers of the original court in dealing with the offender under this subsection, see section 11.

(3)Where the original court proposes to deal with the offender by virtue of subsection (2) before the end of the period of deferment, it may issue—

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

(b)a warrant for the arrest of the offender, requiring the offender to be brought before the court at the time and place specified in the warrant.

Power of court which sentences offender for later offence

(4)Subsection (5) applies where during the period of deferment the offender is convicted in England and Wales of any offence (“the later offence”).

This is subject to subsection (6).

(5)The court which passes sentence on the offender for the later offence may also deal with the offender for the offence or offences in respect of which the deferment order was made (if this has not already been done).

For the powers of the court in dealing with the offender under this subsection, see section 11.

(6)Subsection (5) does not apply where—

(a)the deferment order was made by the Crown Court, and

(b)the court which passes sentence on the offender for the later offence is a magistrates' court.

(7)Subsection (5)—

(a)is without prejudice to subsection (2), and

(b)applies whether or not the offender is sentenced for the later offence during the period of deferment.

Commencement Information

I8S. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11Powers of court dealing with offender following deferment orderE+W

(1)Subsection (2) applies where an offender who is subject to a deferment order is being dealt with for any offence in respect of which the order was made—

(a)by the court which made the order (“the original court”)—

(i)at the end of the period of deferment, in accordance with the deferment order,

(ii)under section 9(3) (failure to comply with deferment requirement), or

(iii)under section 10(2) (original court dealing with offender following conviction during period of deferment), or

(b)by any court under section 10(5) (conviction during period of deferment: convicting court dealing with offender).

(2)The court may deal with the offender for the offence in any way in which the original court could have dealt with the offender for the offence if it had not made a deferment order.

(3)Where a magistrates' court is dealing with the offender, its power under that subsection includes, in particular, the power in section 14 to commit the offender to the Crown Court for sentence.

(4)Where a magistrates' court deals with the offender by committing the offender to the Crown Court under section 14, the power of the Crown Court to deal with the offender includes the same power to make a deferment order as if the offender had just been convicted of the offence on indictment before it.

Commencement Information

I9S. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12Saving for power to bind over and other powers to defer sentenceE+W

Nothing in this Chapter affects—

(a)the power of the Crown Court to bind over an offender to come up for judgment when called upon, or

(b)any other power of a court to defer passing sentence.

Commencement Information

I10S. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13Deferment orders: interpretationE+W

(1)In this Chapter—

  • deferment requirement” has the meaning given by section 3(2);

  • period of deferment”, in relation to a deferment order, means the period from the date on which the deferment order is made until the date specified in the order under section 3(1);

  • restorative justice requirement” has the meaning given by section 7;

  • supervisor”, in relation to a deferment order, means a person appointed under section 8(1).

(2)In relation to a deferment order made by a magistrates' court, any reference in this Chapter to the court which made the order includes a reference to any magistrates' court acting in the same local justice area as that court.

Commencement Information

I11S. 13 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