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Statutory Instruments
CRIMINAL LAW, ENGLAND AND WALES
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( 1).
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.
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”.
Timpson
Minister of State
Ministry of Justice
25th November 2024
(This note is not part of the Regulations)
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.
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).