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The Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) (Amendment) Regulations 2024

Type Statutory-Instrument

Publication 2024-11-25

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

Made: 25th November 2024

Laid before Parliament: 28th November 2024

Coming into force: 25th December 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by section 395A(1) and (5) of the Sentencing Act 2020[^f00001].

Citation, commencement and extent

1

(1) These Regulations may be cited as the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) (Amendment) Regulations 2024.

(2) These Regulations come into force on 25th December 2024.

(3) These Regulations extend to England and Wales.

Amendment to the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023

2

(1) In the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023, in regulation 3, for “18 months” substitute “30 months”.

Signed

Timpson — Minister of State — Ministry of Justice — 25th November 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

The Sentencing Act 2020, as amended by the Police, Crime, Sentencing and Courts Act 2022, makes provision for special procedures to apply to community orders and suspended sentence orders in certain cases to be described in regulations. The Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023 (the “2023 Regulations”) describes certain such cases (“specified cases”).

In accordance with section 395A(4) of the Sentencing Act 2020, regulation 3 of the 2023 Regulations stated that specified cases qualify for special procedures only if the community or suspended sentence order is made within a period of 18 months beginning with the day on which the 2023 Regulations came into force. The 2023 Regulations came into force on 26th June 2023 and therefore, in the absence of further legislation, specified cases would have ceased to qualify for special procedures after 25th December 2024.

These Regulations amend the 2023 Regulations to provide that specified cases will qualify for special procedures if the community or suspended sentence order is made within a period of 30 months, instead of 18 months, beginning with the day on which the 2023 Regulations came into force. This means specified cases will now qualify for special procedures up to and including 25th December 2025.

Footnotes

[^f00001]: 2020 c. 17. Section 395A was inserted by section 153 of, and paragraphs 1 and 2 of Schedule 14 to, the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00002]: S.I. 2023/559.

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