Search Legislation

Sentencing (Pre-consolidation Amendments) Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 53

 Help about opening options

No versions valid at: 08/06/2020

Alternative versions:

Status:

Point in time view as at 08/06/2020. This version of this part contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

There are currently no known outstanding effects for the Sentencing (Pre-consolidation Amendments) Act 2020, Paragraph 53. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Valid from 01/12/2020

This section has no associated Explanatory Notes

53(1)Schedule 8 (breach, revocation and amendment of reparation orders) is amended as follows.E+W

(2)In paragraph 2 (breach of requirement of reparation order)—

(a)in sub-paragraph (1), in paragraphs (a) and (b), after “youth court”, in each place it occurs, insert “, or, if the offender is aged 18 or over, a magistrates' court other than a youth court,”;

(b)in sub-paragraph (2)—

(i)in paragraph (b) (re-sentencing powers of appropriate court), for “he could have been dealt with for that offence by the court which made the order if the order had not been made” substitute “ the appropriate court could deal with the offender if it had just convicted him of that offence (but the offender were the same age as when in fact convicted) ”;

(ii)in paragraph (c), for “in” substitute “ to ”;

(c)in sub-paragraph (3), for “an offender” substitute “ an offender's case ”;

(d)in sub-paragraph (4), for “have dealt with him for that offence if it had not made the order” substitute “ deal with the offender if the offender had just been convicted before it of that offence (but were the same age as when in fact convicted) ”;

(e)after that sub-paragraph insert—

(4A)But if the reparation order was made by the Crown Court where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates' court on convicting the offender of the offence, the power of the Crown Court under sub-paragraph (4) is power to deal with the offender in any way in which a magistrates' court could deal with the offender if it had just convicted the offender of the offence (but as if the offender were the same age as when in fact convicted).;

(f)in sub-paragraph (8)—

(i)in paragraph (b), omit “the criminal division of”;

(ii)omit the words after paragraph (b);

(g)after sub-paragraph (8) insert—

(8A)In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the order is to be determined by the court and not by the verdict of a jury.

(3)In paragraph 5 (revocation and amendment of reparation order), in sub-paragraph (1)(b)(ii), for the words after “any provision which” substitute “ it could include in a reparation order if it were now making such an order in respect of the offence for which the order was made, if the offender had just been convicted by it of that offence (but were the same age as when in fact convicted) ”.

(4)In paragraph 6 (presence of offender in court, remands etc)—

(a)in sub-paragraph (5)(b), omit—

(i)“subject to sub-paragraph (7) below”;

(ii)“to local authority accommodation”;

(b)omit sub-paragraph (6);

(c)after that sub-paragraph insert—

(6A)If the offender is aged under 18, any remand under sub-paragraph (5) is to be to local authority accommodation.;

(d)omit sub-paragraph (7).

Back to top

Options/Help

Print Options

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.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

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

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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