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Section 385: Alteration of Crown Court sentence

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 12: Miscellaneous provision about sentencing — CHAPTER 2: Commencement and alteration of sentence

Subsection (2) applies where the Crown Court has imposed a sentence when dealing with an offender.

Subsection (2) does not apply where an appeal, or an application for leave to appeal, against that sentence has been determined.

The power in subsection (2) may be exercised only by—

the court constituted as it was when the sentence was imposed, or
where that court comprised one or more justices of the peace, a court so constituted except for the omission of any one or more of those justices.

For the purposes of—

section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and
paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act),

the sentence is to be regarded as imposed on the day on which it is varied under this section.

Criminal Procedure Rules may—

provide for extending the period fixed by subsection (2) for cases where two or more persons are tried separately on the same or related facts alleged in one or more indictments;
subject to the other provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by that court.

In this section—

  • “sentence” has the meaning given by section 401, but—

    (a)also includes a recommendation for deportation made when dealing with an offender, and

    (b)does not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);

  • “imposed” includes made.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.