Sentencing Act 2020

PART 5 Conviction of further offence

Powers of magistrates’ court following subsequent conviction

20 Paragraphs 21 and 22 apply where—

(a) a youth rehabilitation order (“the existing youth rehabilitation order”) is in force in respect of an offender, and

(b) the offender is convicted of an offence (the “further offence”) by a youth court or other magistrates’ court (“the convicting court”).

21 (1) This paragraph applies if—

(a) the existing youth rehabilitation order is subject to magistrates’ court supervision, and

(b) the convicting court is dealing with the offender for the further offence.

(2) If it appears to the convicting court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the convicting court may—

(a) revoke the youth rehabilitation order, or

(b) both—

(i) revoke the youth rehabilitation order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the convicting court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the court may issue a warrant for the offender’s arrest.

(5) If the convicting court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

22 (1) Sub-paragraph (2) applies if—

(a) the existing youth rehabilitation order was made by the Crown Court but is subject to magistrates’ court supervision, and

(b) the convicting court would, but for this paragraph, deal with the offender for the further offence.

(2) The convicting court may, instead of proceeding under paragraph 21—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought before the Crown Court.

(3) Sub-paragraph (4) applies if the youth rehabilitation order is a Crown Court youth rehabilitation order.

(4) The convicting court may—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(5) Where the convicting court deals with an offender’s case under sub-paragraph (2) or (4), it must send the Crown Court such particulars of the case as may be desirable.

(6) Unless the offender is before it, the convicting court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(7) If the offender fails to appear in answer to a summons under sub-paragraph (6) the court may issue a warrant for the offender’s arrest.

Powers of Crown Court following subsequent conviction

23 (1) This paragraph applies where a youth rehabilitation order is in force in respect of an offender, and the offender—

(a) is convicted by the Crown Court of an offence, or

(b) is brought or appears before the Crown Court—

(i) by virtue of paragraph 22(2) or (4), or

(ii) having been committed by a magistrates’ court to the Crown Court for sentence.

(2) If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender’s arrest.

(5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6) If the offender is brought or appears before the Crown Court by virtue of paragraph 22(2) or (4), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.

(7) In sub-paragraph (6), “further offence” and “the convicting court” have the meanings given by paragraph 20.