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Sentencing Act 2020

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Change 1

What to do with it
As published

25A Power to remit adult offenders to magistrates’ courts for sentence

(1) This section applies where a person aged 18 or over, or a person who is not an individual— (a) has been convicted of an offence by a magistrates’ court and committed to the Crown Court for sentence, or (b) has been convicted of an offence (other than an offence triable only on indictment) by the Crown Court following a plea of guilty. (2) The Crown Court may remit the offender to a magistrates’ court for sentence. (3) In deciding whether to exercise the power in subsection (2), the Crown Court must— (a) take into account any other offence before the Crown Court that appears to the court to be related to that offence (whether the same, or a different, person is accused or has been convicted of the other offence), and (b) have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 122 of the Coroners and Justice Act 2009. (4) There is no right of appeal against an order under subsection (2).

Your change, as a redline

25A Power to remit adult offenders to magistrates’ courts for sentence

(1) This section applies where a person aged 18 or over, or a person who is not an individual— (a) has been convicted of an offence by a magistrates’ court and committed to the Crown Court for sentence, or (b) has been convicted of an offence (other than an offence triable only on indictment) by the Crown Court following a plea of guilty. (2) The Crown Court may remit the offender to a magistrates’ court for sentence. (3) In deciding whether to exercise the power in subsection (2), the Crown Court must— (a) take into account any other offence before the Crown Court that appears to the court to be related to that offence (whether the same, or a different, person is accused or has been convicted of the other offence), and (b) have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 122 of the Coroners and Justice Act 2009. (4) There is no right of appeal against an order under subsection (2).

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Who it helps, what it costs, what it fixes. It is what persuades people to support it.

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