Changes to UK Criminal Sentencing: Criminal Procedure Rules 2020 & Sentencing Act 2020, Study notes of Criminal procedure

Download Changes to UK Criminal Sentencing: Criminal Procedure Rules 2020 & Sentencing Act 2020 and more Study notes Criminal procedure in PDF only on Docsity! November 2020 1 Criminal Procedure Rules 2020 Sentencing Act 2020 Notes to the Criminal Procedure Rules, and some rules, contain references to legislation replaced by the Sentencing Act 2020 with effect from 1st December, 2020. This table lists the references in Parts 9, 24, 25, 28, 29, 30, 31, 32 and 39 of the Criminal Procedure Rules where new provisions apply in place of the old. The following abbreviations are used in the table – POA 1985 Prosecution of Offences Act 1985 (c. 23) PHA 1997 Protection from Harassment Act 1997 (c. 40) CDA 1998 Crime and Disorder Act 1998 (c. 37) PCC(S)A 2000 Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) SOA 2003 Sexual Offences Act 2003 (c. 42) CJA 2003 Criminal Justice Act 2003 (c. 44) SOCPA 2005 Serious Organised Crime and Police Act 2005 (c. 15) CJIA 2008 Criminal Justice and Immigration Act 2008 (c. 4) CJA 2009 Coroners and Justice Act 2009 (c. 25) ABCPA 2014 Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) Rule or note to rule (n) Topic Old provision(s) Sentencing Act provision(s) 9.8(n) When a magistrates’ court may / must commit a defendant to the Crown Court for sentence after they indicate an intention to plead guilty Section 4, PCC(S)A 2000 Section 18 Section 6, PCC(S)A 2000 Section 20 9.11(n) When a magistrates’ court may / must commit a defendant to the Crown Court for sentence after they have been convicted at a magistrates’ court trial Section 3, PCC(S)A 2000 Section 14 Section 3A, PCC(S)A 2000 Section 15 Section 3C, PCC(S)A 2000 Section 17 Section 6, PCC(S)A 2000 Section 20 November 2020 2 Rule or note to rule (n) Topic Old provision(s) Sentencing Act provision(s) 9.13(n) When a magistrates’ court may / must commit a defendant aged under 18 to the Crown Court for sentence after they have indicated a guilty plea Section 3B, PCC(S)A 2000 Section 16 Section 3C, PCC(S)A 2000 Section 17 Section 4A, PCC(S)A 2000 Section 19 Section 6, PCC(S)A 2000 Section 20 24.1(n) Youth court’s power to remit defendant who reaches the age of 18 to a magistrates’ court other than a youth court for sentence Section 9, PCC(S)A 2000 Section 27 24.11(n) Assessing the seriousness of an offence; statutory aggravating and mitigating factors Section 143, CJA 2003 Section 63 24.11(n) Meaning of “pre-sentence report” Section 158, CJA 2003 Section 31 24.11(n) Fixing of fines Section 164, CJA 2003 Sections 124 – 126 24.11(n) Court’s duty to follow relevant sentencing guidelines Section 172, CJA 2003 Section 59 24.11(n) Court’s duties to give reasons for and explain the effect of a sentence Section 174, CJA 2003 Section 52 24.11(n) Court’s power to make a financial circumstances order Section 162, CJA 2003 Section 35 24.11(n) When a court must obtain and consider a pre-sentence report Section 156, CJA 2003 Section 30 24.11(n) Court’s power to direct that information in a pre-sentence report be withheld, where the report is about a defendant aged under 18 and disclosure would likely create a risk of significant harm to the defendant Section 159, CJA 2003 Section 32(3) 24.11(n) When a magistrates’ court may / must remit a defendant to a youth court for sentence Section 8, PCC(S)A 2000 Section 25 24.11(n) Ability for Criminal Procedure Rules to prescribe cases in which the court’s duties to give reasons for and explain the effect of a sentence do not apply Section 174(4), CJA 2003 Section 52(4) 24.11(n) When a magistrates’ court may / must commit a defendant to the Crown Court for sentence Section 3, PCC(S)A 2000 Section 14 Section 3A, PCC(S)A 2000 Section 15 November 2020 5 Rule or note to rule (n) Topic Old provision(s) Sentencing Act provision(s) that are not themselves the stolen goods but which represent their proceeds 2000 28.8(n) Court’s duty to obtain and consider a medical report before passing a custodial sentence if defendant is, or appears to be, mentally disordered Section 157, CJA 2003 Section 232 28.8(n) Mental health treatment requirement (community orders and suspended sentence orders) Section 207, CJA 2003 Paragraphs 16 and 17 of Schedule 9 28.8(n) Mental health treatment requirement (youth rehabilitation orders) Section 1(1)(k), CJIA 2008 Paragraphs 28 and 29 of Schedule 6 28.10(n) When a magistrates’ court may / must commit a defendant to the Crown Court for sentence Section 3, PCC(S)A 2000 Section 14 Section 3A, PCC(S)A 2000 Section 15 Section 3B, PCC(S)A 2000 Section 16 Section 3C, PCC(S)A 2000 Section 17 Section 4, PCC(S)A 2000 Section 18 Section 4A, PCC(S)A 2000 Section 19 Section 6, PCC(S)A 2000 Section 20 28.10(n) Magistrates court’s power to remit a case to another magistrates’ court for sentence Section 10, PCC(S)A 2000 Section 28 28.10(n) When a magistrates’ court or the Crown Court may / must adjourn a case to a youth court for sentence Section 8, PCC(S)A 2000 Sections 25 and 26 28.10(n) When a youth court may adjourn a case to a magistrates’ court for sentence Section 9, PCC(S)A 2000 Section 27 28.10(n) Court’s powers where it convicts a defendant who is subject to a deferred sentence Section 1C, PCC(S)A 2000 Section 10 28.10(n) Court’s powers where it convicts a defendant who is subject to a conditional discharge Section 13, PCC(S)A 2000 Schedule 2 November 2020 6 Rule or note to rule (n) Topic Old provision(s) Sentencing Act provision(s) 28.10(n) Court’s powers where it convicts a defendant who is subject to a suspended sentence Section 189 and Schedule 12, CJA 2003 Schedule 16 28.10(n) Fine imposed or other sum ordered to be paid in the Crown Court to be enforceable by a magistrates’ court specified in the order, or from which the case was committed or sent to the Crown Court Section 140, PCC(S)A 2000 Section 132 28.10(n) Court’s duty to provide the magistrates’ court acting in the offender’s home local justice area with a copy of the relevant order and any relevant documents and information, where the court makes an order which specifies a local justice area in which it does not act (community orders and suspended sentence orders) Section 219(3), CJA 2003 Sections 212(4) and 298(4) 28.10(n) Court’s duty to provide the magistrates’ court acting in the offender’s home local justice area with a copy of the relevant order and any relevant documents and information, where the court makes an order which specifies a local justice area in which it does not act (youth rehabilitation orders) Paragraph 34(3) of Schedule 1, CJIA 2008 Section 190(4) 28.11(n) Reduction in sentence where an offender has assisted or offered to assist an investigator or prosecutor in relation to an offence Section 73, SOCPA 2005 Section 74 28.11(n) Ability for a specified prosecutor to refer certain cases back to the Crown Court where an offender has agreed to assist in the investigation or prosecution of an offence Section 74, SOCPA 2005 Sections 387 and 388 29.3(n) Court’s power to order a defendant to produce a driving licence where a driving disqualification order is made Sections 146(4) and 147(5), PCC(S)A 2000 Section 168 29.3(n) Driving disqualification order Sections 146 and 147, PCC(S)A 2000 Sections 163 and 164 30.5; 30.5(n) Magistrates’ court’s power to remit criminal courts charge Section 21E, POA 1985 Section 50 30.5(n) Court’s power to remit the whole or part of a fine following Section 165, CJA 2003 Section 127 November 2020 7 Rule or note to rule (n) Topic Old provision(s) Sentencing Act provision(s) determination of the offender’s financial circumstances 30.5(n) Criminal courts charge Section 21A, POA 1985 Section 46 30.5(n) Circumstances where a court must order a defendant to pay criminal courts charge Section 21B, POA 1985 Sections 44 and 45; Paragraphs 10(6) and 11(3) of Schedule 10; Paragraph 13(2) of Schedule 16; Paragraphs 11, 68 and 231 of Schedule 24 31.1(n) Restraining order (insofar as order available post-conviction) Section 5, PHA 1997 Section 360 31.1(n) Parenting order (insofar as order available post-conviction) Sections 8 and 9, CDA 1998 Section 366 31.1(n) Sexual harm prevention order (insofar as order available where a court deals with an offender who has been convicted of an offence listed in Schedule 3 or 5 to the Sexual Offences Act 2003) Section 103A, SOA 2003 Section 345 31.1(n) Criminal behaviour order Section 22, ABCPA 2014 Section 331 31.2(n) Court’s duty to make a parenting order where it convicts an offender aged under 16 of an offence if it is satisfied that the order is desirable in the interests of preventing further offending Section 9(1), CDA 1998 Section 366 31.3(n) Court’s power to give a special measures direction under the Youth Justice and Criminal Evidence Act 1999 on an application for a criminal behaviour order Section 31, ABCPA 2014 Section 340 32.1; 32.1(n) Breach, revocation or amendment of reparation order Schedule 8, PCC(S)A 2000 Schedule 5 32.1; 32.1(n) Breach, revocation or amendment of community order Schedule 8, CJA 2003 Schedule 10