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Sentencing Act 2020

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Changes over time for: Cross Heading: Mitigating factors

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Sentencing Act 2020, Cross Heading: Mitigating factors 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

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Mitigating factorsE+W
73Reduction in sentence for guilty pleaE+W

(1)This section applies where a court is determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court.

(2)The court must take into account the following matters—

(a)the stage in the proceedings for the offence at which the offender indicated the intention to plead guilty, and

(b)the circumstances in which the indication was given.

[F1(2A)If the court imposes a serious terrorism sentence in relation to the offence, nothing in section 268C(2) or, as the case may be, 282C(2) prevents the court, after taking into account any matter referred to in subsection (2), from imposing as the appropriate custodial term a term of any length which is not less than 80 per cent of the term which would otherwise be required.]

(3)If—

(a)a mandatory sentence requirement applies in relation to the offence (see section 399) by virtue of a provision mentioned in subsection (4), and

(b)the offender is aged 18 or over when convicted,

the mandatory sentence requirement does not prevent the court, after taking into account any matter referred to in subsection (2), from imposing any sentence which is not less than 80 per cent of the sentence which would otherwise be required by that requirement.

(4)The provisions referred to in subsection (3)(a) are—

(a)section 312 (minimum sentence for threatening with weapon [F2or corrosive substance] or bladed article);

(b)section 313 (minimum of 7 years for third class A drug trafficking offence);

(c)section 314 (minimum of 3 years for third domestic burglary);

(d)section 315 (minimum sentence for repeat offence involving weapon [F2or corrosive substance] or bladed article).

(5)If—

(a)a mandatory sentence requirement applies in relation to the offence by virtue of—

(i)section 312, or

(ii)section 315, and

(b)the offender is aged 16 or 17 when convicted,

the mandatory sentence requirement does not prevent the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (2).

Textual Amendments

Commencement Information

I1S. 73 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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.

[F3(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

I2S. 74 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

75Specified prosecutorsE+W

(1)In section 74 “specified prosecutor” is to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).

(2)The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under—

(a)section 74, and

(b)sections 387 to 389 (assistance for prosecution etc: review of sentence).

(3)The Attorney General may revise any guidance issued under subsection (2).

Commencement Information

I3S. 75 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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