Section 388: Review of sentence following subsequent agreement for assistance by offender, Sentencing Act 2020

A case is eligible for review under this section if—

the Crown Court has passed a sentence on an offender in respect of an offence,

the offender is still serving the sentence, and

pursuant to a written agreement subsequently made with a specified prosecutor, the offender has assisted or offered to assist the investigator or prosecutor of any offence,

but this is subject to subsection (2).

A case is not eligible for review under this section if—

the sentence was discounted and the offender has not given the assistance offered in accordance with the written agreement by virtue of which it was discounted, or

the offence was one for which the sentence was fixed by law and the offender did not plead guilty to it.

A specified prosecutor may at any time refer a case back to the Crown Court if—

the case is eligible for review under this section, and

the prosecutor considers that it is in the interests of justice to do so.

A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.

The court may—

take into account the extent and nature of the assistance given or offered;

substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.

Nothing in—

any of the provisions listed in section 399(b) or (c) (minimum sentences in certain circumstances), or

section 321 (and Schedule 21) (determination of minimum term in relation to mandatory life sentence),

affects the court's power under subsection (5).

Subsections (8) to (11) apply where a sentence is substituted under subsection (5).

Where the court considers that it would not be in the public interest to disclose that the substitute sentence is a discounted sentence —

subsection (7) does not apply;

the court must give a written statement of the matters specified in subsection (8)(a) and (b) to—

the prosecutor, and

the offender;

section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is a discounted sentence.

Any part of the sentence to which the referral relates which the offender has already served must be taken into account in determining when the substitute sentence has been served.

Section 388: Review of sentence following subsequent agreement for assistance by offender

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