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Sentencing Act 2020, Section 226 is up to date with all changes known to be in force on or before 31 October 2024. 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.
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(1)This section applies where—
(a)a magistrates' court is dealing with an offender on summary conviction, or
(b)the Crown Court is dealing with an offender—
(i)on committal for sentence, or
(ii)on conviction on indictment.
(2)The court may not—
(a)make a detention and training order,
(b)pass a sentence of detention under section 250 (or 254) [F1, under section 252A] or under section 259 (offenders under 18),
(c)pass a sentence of detention in a young offender institution, or
(d)pass a sentence of custody for life (see sections 272 and 275),
unless the offender is legally represented in that court, or has failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)).
(3)The court may not pass a sentence of imprisonment unless—
(a)the offender—
(i)is legally represented in that court, or
(ii)has failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)), or
(b)the offender has previously been sentenced to imprisonment by a court in any part of the United Kingdom.
(4)For the purposes of subsection (3) a previous sentence of imprisonment which has been suspended and which has not taken effect under—
(a)paragraph 8 of Schedule 16,
(b)paragraph 8 of Schedule 12 to the Criminal Justice Act 2003,
(c)section 119 of the Powers of Criminal Courts (Sentencing) Act 2000, or
(d)section 19 of the Treatment of Offenders Act (Northern Ireland) 1968,
is to be disregarded.
(5)For those purposes, “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence (and “sentenced to imprisonment” is to be read accordingly).
(6)For the purposes of this section an offender is legally represented in a court if the offender has the assistance of counsel or a solicitor to represent him or her in the proceedings in that court at some time after being found guilty and before being sentenced.
(7)For the purposes of subsections (2) and (3), “relevant representation”, in relation to proceedings in a court, means representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid) for the purposes of the proceedings.
(8)For those purposes, an offender has failed, or is ineligible on financial grounds, to benefit from relevant representation if—
(a)the offender has refused or failed to apply for relevant representation, having—
(i)been informed of the right to apply for it, and
(ii)had the opportunity to do so,
(b)the offender's application for relevant representation was refused on financial grounds, or
(c)relevant representation was made available to the offender but withdrawn—
(i)because of the offender's conduct, or
(ii)on financial grounds.
Relevant representation is refused or withdrawn on financial grounds if it appears that the offender's financial resources are such that the offender is not eligible for such representation.
Textual Amendments
F1Words in s. 226(2)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(9)
Commencement Information
I1S. 226 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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