OpenLegislation

Rule 28.11 Assistance to an investigator, etc.: applications under the Sentencing Act 2020I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where on application by the prosecutor the Crown Court can—

(a)

reduce a sentence that it passes, under section 74 or section 388 of the Sentencing Act 2020f1 (assistance or agreement to assist before or after sentence); or

(b)

increase a sentence that it has passed, under section 387 of the Sentencing Act 2020f2 (failure after sentence to give agreed assistance).

(2)

A prosecutor who wants the court to exercise that power must—

(a)

apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b)

serve the application on—

(i)

the court officer, and

(ii)

the defendant; and

(c)

in the application—

(i)

explain why the sentence should be reduced, or increased, as appropriate, and

(ii)

identify any other matter relevant to the court’s decision, including any sentencing guideline or guideline case.

(3)

The general rule is that the application must be determined by the judge who passed the sentence, unless that judge is unavailable.

(4)

The court must not determine the application in the defendant’s absence unless the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).

[Note. Under section 74 of the Sentencing Act 2020f3, the Crown Court may pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.

Under sections 387 and 388 of the 2020 Act, where the Crown Court has sentenced a defendant a prosecutor may apply to the court—

(a)

to reduce the sentence, if the defendant subsequently assists, or agrees to assist, in the investigation or prosecution of an offence; or

(b)

to increase a reduced sentence to that which the court otherwise would have passed, if the defendant agreed to give such assistance but subsequently has knowingly failed to do so.

Such an application may be made only wherethe defendant is still serving the sentence and the prosecutor thinks it is in the interests of justice to apply.]

Annotations

Commencement

I1

Rule 28.11 in force at 6.10.2025, see Preamble

Footnotes

f1

2020 c. 17; section 74 was amended by section 10 of the Counter-Terrorism and Sentencing Act 2021 (c. 11) and is further amended by section 408 of, and paragraph 38B of Schedule 22 to, the 2020 Act with effect from a date to be appointed.

f2

2020 c. 17.

f3

2020 c. 17.