Part 2: Courts, tribunals and coroners Chapter 1: Criminal procedure Section 13: Magistrates court sentencing powers
Section 13 amends the Sentencing Act 2020 and the Criminal Justice Act 2003 in order to provide powers to vary the general limit on magistrates’ court sentencing powers for a single triable either way offence to either maximum 6 months or 12 months’ imprisonment.
	Subsection (1) amends section 224 of the Sentencing Code to establish separate general limits on the sentencing powers of the magistrates’ court for summary-only and triable either-way offences.
	Subsection (2) inserts new section 14(A) into Schedule 23 to the Sentencing Act 2020 to provide the power to amend the general limit for triable either-way offences only. This allows for the limit for custodial sentences for triable-either way offences to be varied between either 6 months or 12 months maximum. At the point the limit is changed, this will apply only to offences for which a conviction is obtained on, or after, the day the amendment comes into force. The power is subject to the negative resolution procedure.
	Subsection (3) amends Schedule 1 to the Interpretation Act 1978 to insert a definition of the term "general limit in a magistrates’ court" to provide that the general limit for triable either way offences is the limit currently specified in section 224 of the Sentencing Code.
	Subsection (4) amends section 32(1) of the Magistrates’ Courts Act 1980 and subsection (5) amends section 282(3) of the Criminal Justice Act 2003 in order to refer to the "general limit in a magistrates’ court". This will ensure that if the limit is varied in the future using the power, these references will change in accordance with that variation.
	Subsections (6) and (7) provide that legislation to which s282(3) of the Criminal Justice Act 2003 does not apply should be read as providing for a maximum term of imprisonment not exceeding the "general limit in a magistrates’ court". This applies to legislation to which Section 282(3) of the Criminal Justice Act does not apply and which provides for a maximum term of 12 months on summary conviction of triable either-way offences, including triable-either way offences created after the Criminal Justice Act 2003 came into force.
	Subsections (8) and (9) provide that primary legislation which confers a power to create a triable either-way offence, should be read as conferring a power to provide for a term of imprisonment not exceeding the general limit. This applies to powers created before the Criminal Justice Act 2003 was passed where the maximum term of imprisonment on summary conviction of a triable either-way offence is stated as 6 months, and powers created after the Act was passed which provide for a 12 month maximum term.
	Subsection (10) creates a power for the Secretary of State to amend by regulations certain enactments (specified at subsection (11)) in order to spell out the effects of subsections (5), (7) and (9), and to make any amendments to that legislation which are consequential on any amendments made using that power.
	Subsection (11) defines "relevant legislation" as an Act passed before or in the same session as this Act, or an Act or Measure of the Welsh Parliament, subordinate legislation and retained direct EU legislation made before the passing of this Act.