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: Cross Heading: Review

 Help about opening options

Changes to legislation:

Sentencing Act 2020, Cross Heading: Review is up to date with all changes known to be in force on or before 28 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):

ReviewE+W
217Power to provide for court review of community ordersE+W

(1)The Secretary of State may by regulations—

(a)enable or require a court making a community order to provide for the community order to be reviewed periodically by that or another court,

(b)enable a court to amend a community order so as to include or remove a provision for review by a court, and

(c)make provision as to the timing and conduct of reviews and as to the powers of the court on a review.

(2)Regulations under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders.

[F1(2A)Regulations under this section may not make provision in respect of community orders which for the purposes of section 217A qualify for special procedures.]

(3)Regulations under this section may repeal or amend any provision of this Chapter.

(4)Regulations under this section are subject to the affirmative resolution procedure.

Textual Amendments

Modifications etc. (not altering text)

C1S. 217 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 217 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F2217AReview of community order qualifying for special proceduresE+W

(1)A community order that—

(a)imposes one or more community order requirements, and

(b)qualifies for special procedures for the purposes of this section,

may make provision for the order to be reviewed periodically (“provision for review”).

(2)Where a community order contains provision for review under this section, it must—

(a)specify the intervals at which the order is to be reviewed,

(b)provide for each review to be made, subject to section 217B, at a hearing held for the purpose by the responsible court (a “review hearing”),

(c)require the offender to attend each review hearing, and

(d)provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community order requirements of the order (a “progress report”) to be made to the responsible court before each review.

(3)In this section “the responsible court”, in relation to a community order, means the court by which the order is made.

(4)For more about community orders that qualify for special procedures, see section 395A.

217BPowers on reviewE+W

(1)This section applies where a review hearing is held on a review of a community order by virtue of section 217A.

(2)The court may, after considering the progress report, amend—

(a)the community order requirements of the order, or

(b)any provision of the order which relates to those requirements.

(3)But the court—

(a)may not amend the community order requirements of the order so as to impose a requirement of a different kind unless the offender expresses willingness to comply with that requirement,

(b)may not amend—

(i)a mental health treatment requirement,

(ii)a drug rehabilitation requirement, or

(iii)an alcohol treatment requirement,

unless the offender expresses willingness to comply with the requirement as amended, and

(c)except with the consent of the offender, may not amend the order while an appeal against the order is pending.

(4)For the purposes of subsection (3)(a)—

(a)a community order requirement of a kind within any entry in the table in section 201 is of the same kind as any other community requirement within that entry, and

(b)an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(5)If the court is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, the court may adjourn the hearing so that the court can deal with the case forthwith under paragraph 10 or 11 of Schedule 10 (powers of court to deal with offender on breach of requirement).

(6)For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 10.

(7)In this section—

  • “review hearing”, and

  • “progress report”,

have the same meanings as in section 217A.

217CAlteration of review arrangementsE+W

(1)Subsections (2) and (3) apply where a court—

(a)considers the progress report relating to a review under section 217A (the “current review”), and

(b)forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory.

(2)If the court forms that opinion before a review hearing is held at the current review—

(a)it may order that no review hearing is to be held at the current review, and

(b)it may amend the community order so as to provide for each subsequent review to be held without a review hearing.

(3)If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing.

(4)If at a review held without a review hearing the court—

(a)considers the progress report, and

(b)forms the opinion that the offender’s progress under the order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a specified time and place.

(5)At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a).

(6)The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised—

(a)where the court is the Crown Court, by a judge of the court, and

(b)where the court is a magistrates’ court, by a justice of the peace.

(7)In this section—

  • “review hearing”, and

  • “progress report”,

have the same meanings as in section 217A.]

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