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Draft Sentencing Bill

Draft Bill:

This is a draft Bill item. It has no official standing.

  1. Introductory Text

  2. First Group of Parts

    Introductory provisions and overview

    1. Part 1 Introductory provisions and overview

      1. 1.Overview

      2. 2.Application of Code

  3. Second Group of Parts

    Provisions applying to sentencing courts generally

    1. Part 2 Powers exercisable before passing sentence

      1. CHAPTER 1 Deferment of sentence

        1. 3.Deferment order

        2. 4.Availability of deferment order

        3. 5.Making a deferment order

        4. 6.Effect of deferment order

        5. 7.Restorative justice requirements

        6. 8.Deferment order: supervisor

        7. 9.Failure to comply with deferment requirement

        8. 10.Conviction of offence during period of deferment

        9. 11.Powers of court dealing with offender following deferment order

        10. 12.Deferment orders: interpretation and supplementary

      2. CHAPTER 2 Committal to the Crown Court for sentence

        1. Committal following summary trial: adults and corporations

          1. 13.Committal for sentence on summary trial of offence triable either way: adults and corporations

          2. 14.Committal for sentence of dangerous adult offenders

        2. Committal following summary trial: persons under 18

          1. 15.Committal for sentence of young offenders on summary trial of certain serious offences

          2. 16.Committal for sentence of dangerous young offenders

        3. Committal for sentence following indication of guilty plea

          1. 17.Committal for sentence on indication of guilty plea to offence triable either way: adult offenders

          2. 18.Committal for sentence on indication of guilty plea by child or young person with related offences

        4. Committal for sentence where offender committed in respect of another offence

          1. 19.Committal in certain cases where offender committed in respect of another offence

        5. Power of Crown Court on committal for sentence

          1. 20.Power of Crown Court on committal for sentence of offender under section 13, 14 or 17

          2. 21.Power of Crown Court on committal for sentence of person under 18 under section 15, 16 or 18

          3. 22.Power of Crown Court on committal for sentence under section 19

        6. Further powers to commit to Crown Court for sentence

          1. 23.Further powers to commit offender to the Crown Court to be dealt with

      3. CHAPTER 3 Remission for sentence: young offenders etc

        1. 24.Power and duty to remit young offenders to youth courts for sentence

        2. 25.Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence

        3. 26.Power of magistrates’ court to remit case to another magistrates’ court for sentence

        4. 27.Remission by magistrates’ court: adjournment and remand

    2. Part 3 Procedure

      1. CHAPTER 1 Information and reports

        1. Pre-sentence reports

          1. 28.Pre-sentence report requirements

          2. 29.Meaning of “pre-sentence report” etc

          3. 30.Disclosure of pre-sentence reports

          4. 31.Appeals: requirements relating to pre-sentence reports

        2. Other reports of providers of probation services etc

          1. 32.Disclosure of other reports

        3. Reports for offenders aged under 18: interpretation

          1. 33.Interpretation of Chapter: offenders under 18

        4. Financial circumstances orders

          1. 34.Powers to order statement as to offender’s financial circumstances

          2. 35.Financial circumstances order: offences

        5. Other powers to obtain reports etc

          1. 36.Reports and information: other powers of court

      2. CHAPTER 2 Derogatory assertion orders

        1. 37.Derogatory assertion orders and restriction on reporting of assertions

        2. 38.Orders in respect of certain assertions

        3. 39.Reporting of assertions: offences

        4. 40.Reporting of assertions: supplementary

      3. CHAPTER 3 Surcharge

        1. 41.Court’s duty to order payment of surcharge

        2. 42.Amount of surcharge

      4. CHAPTER 4 Criminal courts charge

        1. 43.Criminal courts charge duty where court dealing with offender for offence

        2. 44.Other occasions where criminal courts charge duty arises

        3. 45.Criminal courts charge duty

        4. 46.Court to disregard criminal courts charge duty in dealing with offender

        5. 47.Amount of criminal courts charge

        6. 48.Interest on criminal courts charge

        7. 49.Power of magistrates’ court to remit criminal courts charge

      5. CHAPTER 5 Duties to explain or give reasons

        1. 50.Duty to give reasons for and to explain effect of sentence

        2. 51.Court to give reasons where compensation order not made

        3. 52.Travel restriction orders: duty to give reasons where order not made

        4. 53.Offences under Animal Welfare Act 2006: duty to give reasons for not making certain orders

    3. Part 4 Exercise of court's discretion

      1. CHAPTER 1 Purposes of sentencing

        1. 54.Purposes of sentencing: adults

        2. 55.Offenders aged under 18: considerations of court not affected by Code

      2. CHAPTER 2 Sentencing guidelines

        1. 56.Sentencing guidelines: general duty of court

        2. 57.Sentencing guidelines: determination of sentence

        3. 58.Determination of notional determinate terms etc

        4. 59.Sentencing guidelines duties: interpretation

      3. CHAPTER 3 Seriousness and determining sentence

        1. Generally

          1. 60.Application of Chapter

          2. 61.Assessing seriousness

        2. Aggravating factors

          1. 62.Offence committed on bail

          2. 63.Previous convictions

          3. 64.Hostility

          4. 65.Terrorist connection

          5. 66.Other aggravating factors

        3. Mitigating factors

          1. 67.Reduction in sentences for guilty pleas

          2. 68.Reduction in sentence for assistance to prosecution

          3. 69.Specified prosecutors

        4. Effect of Code on other powers of court in assessing seriousness

          1. 70.Effect of Chapter on other powers of court to consider seriousness

          2. 71.Basis of opinion provisions not to affect power to mitigate sentences

          3. 72.Basis of opinion provisions: offenders suffering from a mental disorder

  4. Third Group of Parts

    Disposals

    1. Part 5 Absolute and conditional discharge

      1. 73.Order for absolute discharge

      2. 74.Order for conditional discharge

      3. 75.Commission of further offence by person conditionally discharged

      4. 76.Effect of discharge

    2. Part 6 Orders relating to conduct

      1. CHAPTER 1 Orders relating to offenders aged under 18

        1. 77.Referral orders

        2. 78.Binding over of parent or guardian

      2. CHAPTER 2 Other orders

      3. 79.Orders under Street Offences Act 1959

    3. Part 7 Financial orders and orders relating to property

      1. CHAPTER 1 Fines

        1. Availability

          1. 80.Availability of fine: magistrates’ court

          2. 81.Power of magistrates’ court to fine where only imprisonment etc specified

          3. 82.General power of Crown Court to fine offender convicted on indictment

          4. 83.Availability of fine: effect of other orders

        2. Magistrates' court

          1. 84.The standard scale of fines for summary offences

          2. 85.Limit on fines imposed by magistrates’ courts in respect of young offenders

        3. Exercise of powers

          1. 86.Fixing of fines: duty of court to inquire into individual offender’s circumstances

          2. 87.Fixing of fines: exercise of court’s powers

          3. 88.Power to determine financial circumstances where offender is absent or fails to provide information

          4. 89.Remission of fines following determination under section 88

        4. Fines: payment

          1. 90.Fine imposed by Crown Court: power to allow time for payment or payment by instalments

          2. 91.Fine imposed on offender by Crown Court: duty to make term in default order

          3. 92.Enforcement of fines imposed on offenders by Crown Court

          4. 93.Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation

      2. CHAPTER 2 Compensation orders

        1. Compensation orders

          1. 94.Compensation orders

        2. Making a compensation order

          1. 95.Compensation orders: availability

          2. 96.Compensation orders: exercise of court’s powers

        3. Particular cases

          1. 97.Road accidents

          2. 98.Damage to property and clean-up costs resulting from certain offences

          3. 99.Funeral expenses and bereavement: cases other than road accidents

        4. Limits on compensation orders made by magistrates' court in respect of young offenders

          1. 100.Limit on amount payable under compensation order of magistrates’ court in case of young offender

        5. Supplementary

          1. 101.Compensation orders: suspension of entitlement and appeals etc

        6. Reviews and appeals

          1. 102.Review of compensation orders

          2. 103.Effect of compensation order on subsequent award of damages in civil proceedings

        7. Interpretation

          1. 104.Compensation orders: interpretation

      3. CHAPTER 3 Forfeiture, deprivation of property etc

        1. 105.Deprivation orders

        2. 106.Deprivation orders: availability

        3. 107.Vehicle to be treated as used for purpose of certain offences

        4. 108.Exercise of power to make deprivation order

        5. 109.Deprivation order: property to be taken into possession of police or Secretary of State

        6. 110.Property to which a deprivation order applies: orders by magistrates’ court

        7. 111.Regulations about unclaimed property to which deprivation order applies

        8. 112.Application of proceeds of property subject to deprivation order

        9. 113.Forfeiture etc

      4. CHAPTER 4 Restitution orders

        1. 114.Restitution orders

      5. 115.Confiscation orders under other Acts

    4. Part 8 Disqualification

      1. CHAPTER 1 Driving disqualification orders

        1. 116.Driving disqualification order

        2. 117.Driving disqualification: availability for any offence

        3. 118.Driving disqualification order: availability where vehicle used for purposes of crime

        4. 119.Disqualification period

        5. 120.Requirement to produce licences where driving disqualification order made

        6. 121.Extension of disqualification where custodial sentence also imposed

        7. 122.Effect of custodial sentence in other cases

        8. 123.Driving disqualification orders: interpretation

        9. 124.Driving disqualification etc under other Acts

      2. CHAPTER 2 Disqualification etc under other Acts

        1. 125.Offences relating to animals

        2. 126.Company directors

    5. Part 9 Community sentences

      1. CHAPTER 1 Youth rehabilitation orders

        1. 127.Youth rehabilitation orders

      2. CHAPTER 2 Community orders

        1. What a community order is

          1. 128.Community order

          2. 129.Community order requirements table

        2. Availability

          1. 130.Availability of community order

          2. 131.Restriction on making both community order and suspended sentence order

        3. Exercise of power to make community order

          1. 132.Exercise of power to impose community order: general considerations

          2. 133.Community order: effect of remand in custody

        4. Available requirements

          1. 134.Community orders: available requirements

          2. 135.Community order: availability of particular requirements

        5. Exercise of power to impose requirements

          1. 136.Community order: exercise of power to impose particular requirements

          2. 137.Duty to impose an electronic compliance monitoring requirement in particular cases

        6. Making a community order

          1. 138.Community order to specify end date etc

          2. 139.Community order to specify offender’s home local justice area

          3. 140.Power for Crown Court to direct magistrates’ court supervision

          4. 141.Power to provide for court review of community orders

          5. 142.Provision of copies of community order and related documents

        7. Obligations of responsible officer and offender

          1. 143.The responsible officer

          2. 144.Obligations of responsible officer

          3. 145.Duty of offender to keep in touch with responsible officer

          4. 146.Duty of offender to obtain permission before changing residence

        8. Breach, amendment etc of community order

          1. 147.Breach, revocation or amendment of community order

        9. Transferring order to Scotland or Northern Ireland

          1. 148.Transfer of community orders to Scotland or Northern Ireland

        10. Community orders: supplementary

          1. 149.When a community order is in force etc

    6. Part 10 Custodial sentences

      1. CHAPTER 1 Custody: general provisions

        1. Introductory

          1. 150.Overview of Part

          2. 151.Meaning of “custodial sentence”

        2. Availability of custodial sentence

          1. 152.Availability of custodial sentence

        3. General limits on powers to impose imprisonment

          1. 153.2 year limit on imprisonment for statutory offence if no maximum specified

          2. 154.General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution

          3. 155.Restriction on consecutive sentences for released prisoners

          4. 156.Custodial sentence: restrictions in certain cases where offender not legally represented

          5. 157.Restriction on imposing imprisonment on persons under 21

        4. Power for magistrates' court to imprison for less than specified term

          1. 158.Power of magistrates’ court to imprison for less than specified term

        5. Exercise of powers to impose discretionary custodial sentences

          1. 159.Threshold for imposing discretionary custodial sentence

          2. 160.Length of discretionary custodial sentences: general provision

          3. 161.Additional requirements in case of offender suffering from mental disorder

        6. Deportation

          1. 162.Deportation recommendations

      2. CHAPTER 2 Offenders aged under 18

        1. Detention and training orders

          1. 163.Detention and training orders

        2. Extended sentences

          1. 164.Extended sentence for certain violent or sexual offences

          2. 165.Extended sentence of detention: availability

          3. 166.Term of extended sentence of detention under section 164

          4. 167.Extended sentence under section 164 where offender subject to detention and training order

        3. Detention for specified period or life

          1. 168.Sentence of detention

          2. 169.Sentence of detention under section 168: availability

          3. 170.Power to detain for specified period: offender convicted of certain serious offences

          4. 171.Maximum sentence

          5. 172.Sentence of detention passed on offender subject to detention and training order

          6. 173.Required sentence of detention for life for offence carrying life sentence

          7. 174.Offenders who commit murder etc when under 18: duty to detain at Her Majesty’s pleasure

        4. Detention under this Chapter

          1. 175.Detention under section 168 or 174

          2. 176.Detention in pursuance of extended sentence or required life sentence

      3. CHAPTER 3 Adults aged under 21

        1. Detention in a young offender institution

          1. 177.Detention in a young offender institution for offender at least 18 but under 21

          2. 178.Term of detention in a young offender institution

        2. Suspended sentence of detention in a young offender institution

          1. 179.Suspended sentence order for offender under 21: availability

        3. Special custodial sentence for certain offenders of particular concern

          1. 180.Required special sentence for certain offenders of particular concern

        4. Extended sentence of detention in a young offender institution

          1. 181.Extended sentence of detention in a young offender institution for certain violent or sexual offences

          2. 182.Extended sentence of detention in a young offender institution: availability

          3. 183.Term of extended sentence of detention in a young offender institution

        5. Detention in a young offender institution: consecutive sentences etc

          1. 184.Detention in a young offender institution: consecutive sentences

          2. 185.Sentence of detention in a young offender institution where offender subject to detention and training order

        6. Detention in a young offender institution: further provision

          1. 186.Detention in a young offender institution: place of detention

        7. Custody for life

          1. 187.Offences other than murder

          2. 188.Custody for life for second listed offence

          3. 189.Required sentence of custody for life for offence carrying life sentence

          4. 190.Duty to impose custody for life for offence of murder

          5. 191.Custody for life: place of detention

      4. CHAPTER 4 Adults aged 21 and over

        1. Suspended sentences of imprisonment

          1. 192.Suspended sentence order for person aged 21 or over: availability

        2. Special custodial sentence for certain offenders of particular concern

          1. 193.Required special custodial sentence for certain offenders of particular concern

        3. Extended sentences

          1. 194.Extended sentence of imprisonment for certain violent or sexual offences: persons 21 or over

          2. 195.Extended sentence of imprisonment: availability

          3. 196.Term of extended sentence of imprisonment

          4. 197.Extended sentences for offences committed before 4 April 2005

        4. Life sentences

          1. 198.Life sentence for second listed offence

          2. 199.Required life sentence for offence carrying life sentence

      5. CHAPTER 5 Suspended sentences

        1. What a suspended sentence order is

          1. 200.Suspended sentence order

          2. 201.Suspended sentence order: community requirements table

          3. 202.Operational period and supervision period

          4. 203.Suspended sentence to be treated generally as sentence of imprisonment etc

        2. Available community requirements

          1. 204.Suspended sentence order: available community requirements

          2. 205.Suspended sentence order: availability of particular requirements

        3. Exercise of power to impose community requirements

          1. 206.Suspended sentence order: exercise of power to impose requirements

          2. 207.Duty to impose an electronic compliance monitoring requirement in particular cases

        4. Provision for review of suspended sentence order with community requirements

          1. 208.Power to provide for review of suspended sentence order

          2. 209.Review hearings: power to amend community requirements etc

          3. 210.Suspended sentence order: alteration of periodic review arrangements

        5. Making a suspended sentence order with community requirements

          1. 211.Suspended sentence order with community requirement to specify offender’s home local justice area

          2. 212.Power to direct magistrates’ court supervision of order imposing community requirement

          3. 213.Provision of copies of suspended sentence order which imposes community requirements and related documents

        6. Suspended sentence order with community requirement: obligations of responsible officer and offender

          1. 214.Responsible officer

          2. 215.Obligations of responsible officer

          3. 216.Duty of offender to keep in touch with responsible officer

          4. 217.Duty to obtain permission before changing residence

        7. Activation of sentence, amendment and revocation of order etc

          1. 218.Breach, revocation or amendment of suspended sentence order, and effect of further conviction

        8. Transferring order with community requirements to Scotland or Northern Ireland

          1. 219.Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements

        9. Interpretation

          1. 220.Suspended sentences: interpretation

      6. CHAPTER 6 Dangerous offenders

        1. Interpretation

          1. 221.Extended sentences: meaning of “specified offence” etc

          2. 222.Life sentences: meaning of “Schedule 13 offence”

        2. The assessment of dangerousness

          1. 223.The assessment of dangerousness

        3. Supplementary

          1. 224.Appeals where previous convictions set aside or previous sentences modified

          2. 225.Certificates of conviction

      7. CHAPTER 7 Minimum sentences for particular offences

        1. 226.Minimum sentence of 7 years for third class A drug trafficking offence

        2. 227.Minimum of 3 years for third domestic burglary

        3. 228.Minimum sentence for repeat offence involving weapon

        4. 229.Appeals where previous convictions set aside

        5. 230.Certificates of conviction for purposes of sections 226 and 227

        6. 231.Offences under service law

        7. 232.Determination of day when offence committed

        8. 233.Other required minimum sentences

      8. CHAPTER 8 Effect of life sentences

        1. 234.Life sentence: minimum term order or whole life order

        2. 235.Mandatory life sentences: further provision

        3. 236.Minimum term order: other life sentences

        4. 237.Life sentences: interpretation

      9. CHAPTER 9 Sentence administration

        1. Declaration about time to count as served

          1. 238.Direction for time on bail under certain conditions to count as time served

          2. 239.Section 238: interpretation

          3. 240.Period in custody awaiting extradition: declaration by court

        2. Recommendations

          1. 241.Power of court to recommend licence conditions for certain prisoners

        3. Conversion of sentence of detention or custody to sentence of imprisonment

          1. 242.Conversion of sentence of detention to sentence of imprisonment

  5. Fourth Group of Parts

    Further powers relating to sentencing

    1. Part 11 Behaviour orders

      1. CHAPTER 1 Criminal behaviour orders

        1. 243.Criminal behaviour order

        2. 244.Power to make criminal behaviour orders

        3. 245.Proceedings on an application for an order

        4. 246.Requirements included in orders

        5. 247.Duration of order etc

        6. 248.Interim orders

        7. 249.Variation or discharge of orders

        8. 250.Review of orders

        9. 251.Carrying out and participating in reviews

        10. 252.Breach of order

        11. 253.Special measures for witnesses

        12. 254.Guidance

      2. CHAPTER 2 Protection from harassment

        1. 255.Restraining order

        2. 256.Restraining order: availability on conviction

        3. 257.Restraining order on acquittal

        4. 258.Procedure for making, varying or discharging restraining order

        5. 259.Evidence in proceedings relating to restraining orders

        6. 260.Offence of breaching restraining order

        7. 261.Restraining orders: meaning of “conduct” and “harassment”

      3. CHAPTER 3 Other orders

        1. 262.Other behaviour orders etc

  6. Fifth Group of Parts

    General provisions

    1. Part 12 Miscellaneous provision and general provision about sentencing

      1. CHAPTER 1 Commencement and amendment of Crown Court sentence

        1. 263.Commencement of Crown Court sentence

        2. 264.Alteration of Crown Court sentence

      2. CHAPTER 2 Assistance for prosecution etc: review of sentence

        1. Reference back to court for review of sentence

          1. 265.Failure by offender to provide agreed assistance: review of sentence

          2. 266.Review of sentence following subsequent agreement for assistance by offender

        2. References under this Chapter: further provision

          1. 267.References under sections 265 and 266: appeals

          2. 268.Proceedings under section 265 or 266: exclusion of public

          3. 269.Proceedings under section 265 or 266: use of live link

          4. 270.Interpretation of Chapter

      3. CHAPTER 3 Recognizances

        1. 271.Power of magistrates’ court to dispense with recognizance

      4. CHAPTER 4 Orders imposing community requirements

        1. 272.Rules relating to community orders and suspended sentence orders

    2. Part 13 Interpretation

      1. Interpretation

        1. 273.Interpretation: general

        2. 274.Mandatory sentences

        3. 275.Meaning of “associated offence”

        4. 276.Age of the offender

        5. 277.Meaning of “sentence”

    3. Part 14 Supplementary provision

      1. CHAPTER 1 Supplementary

        1. 278.Regulations and rules

        2. 279.Amendments of the Sentencing Code

        3. 280.Powers to amend the Sentencing Code

        4. 281.Transitional provisions and savings

        5. 282.Consequential amendments and repeals etc

        6. 283.Extent

        7. 284.Commencement

        8. 285.Short Title

  7. SCHEDULES

    1. SCHEDULE 1

      Offences where terrorist connection to be considered

      1. Part 1 Offences

        1. 1.Common law offences

        2. 2.Manslaughter.

        3. 3.Culpable homicide.

        4. 4.Kidnapping.

        5. 5.Abduction.

        6. 6.Statutory offences

        7. 7.An offence under any of the following sections of the...

        8. 8.An offence under section 1 of the Biological Weapons Act...

        9. 9.An offence under section 1 of the Taking of Hostages...

        10. 10.An offence under any of the following sections of the...

        11. 11.An offence under any of the following sections of the...

        12. 12.An offence under any of the following sections of the...

        13. 13.An offence under Part 2 of the Channel Tunnel (Security)...

        14. 14.An offence under any of the following sections of the...

        15. 15.An offence under any of the following sections of the...

        16. 16.Ancillary offences

      2. Part 2 Interpretation

        1. 17.In this Schedule “ancillary offence”, in relation to an offence,...

    2. SCHEDULE 2

      Order for conditional discharge: commission of further offence

      1. 1.Application of Schedule

      2. 2.Orders made on appeal

      3. 3.Issue of summons or warrant by justice of the peace

      4. 4.Issue of summons or warrant by Crown Court

      5. 5.Power of magistrates’ court convicting offender of further offence

      6. 6.Conviction of subsequent offence: power of magistrates’ court which made order

      7. 7.Powers of Crown Court with respect to original offence following subsequent conviction

      8. 8.Offenders aged under 18

    3. SCHEDULE 3

      Community orders: requirements

      1. Part 1 Unpaid work requirement

        1. 1.Requirement and obligation of offender

        2. 2.Number of hours of unpaid work to be specified in order

        3. 3.Restriction on imposing unpaid work requirement

      2. Part 2 Rehabilitation activity requirement

        1. 4.Requirement

        2. 5.Instructions given by responsible officer

      3. Part 3 Programme requirement

        1. 6.(1) In this Code “programme requirement”, in relation to a...

      4. Part 4 Prohibited activity requirement

        1. 7.Requirement

        2. 8.Restriction on imposing prohibited activity requirement

      5. Part 5 Curfew requirement

        1. 9.Requirement

        2. 10.Requirements as to imposition of curfew requirement

      6. Part 6 Exclusion requirement

        1. 11.Requirement

        2. 12.Requirement as to imposition of exclusion requirement

      7. Part 7 Residence requirement

        1. 13.Requirement

        2. 14.Requirement as to imposition of residence requirement

      8. Part 8 Foreign travel prohibition requirement

        1. 15.(1) In this Code “foreign travel prohibition requirement”, in relation...

      9. Part 9 Mental health treatment requirement

        1. 16.Requirement

        2. 17.Restrictions on imposing mental health treatment requirement

        3. 18.Alternative arrangements for mental health treatment made by practitioner

      10. Part 10 Drug rehabilitation requirement

        1. 19.Requirement

        2. 20.Restriction on imposing drug rehabilitation requirement

        3. 21.Drug rehabilitation requirement: provision for review by court

        4. 22.Periodic review of drug rehabilitation requirement

      11. Part 11 Alcohol treatment requirement

        1. 23.Requirement

        2. 24.Restrictions on imposing alcohol treatment requirement

      12. Part 12 Alcohol abstinence and monitoring requirement in pilot areas

        1. 25.Requirement

        2. 26.Restriction on imposing alcohol abstinence and monitoring requirement

      13. Part 13 Attendance centre requirement

        1. 27.Requirement: provisions applicable generally

        2. 28.Attendance centre to be notified by responsible officer

        3. 29.Restriction on imposing attendance centre requirement

      14. Part 14 Electronic monitoring

        1. 30.Electronic compliance monitoring requirement

        2. 31.Electronic whereabouts monitoring requirement

        3. 32.Electronic monitoring: person responsible for monitoring

        4. 33.Electronic monitoring: general

        5. 34.Restriction on imposing electronic monitoring: general

        6. 35.Restriction on imposing an electronic compliance monitoring requirement

        7. 36.Restriction on imposing electronic whereabouts monitoring requirement

    4. SCHEDULE 4

      Breach, revocation or amendment of community order

      1. Part 1 Preliminary

        1. 1.Meaning of particular expressions relating to an order

        2. 2.Enforcement officers

        3. 3.Community order subject to magistrates’ court supervision and Crown Court order

        4. 4.Requirements subject to review

        5. 5.Orders made on appeal

      2. Part 2 Breach of requirement of order

        1. 6.Duty to give warning or refer matter to enforcement officer

        2. 7.Role of enforcement officer

        3. 8.Issue of summons or warrant by justice of the peace

        4. 9.Issue of summons or warrant by Crown Court

        5. 10.Powers of magistrates’ court

        6. 11.Powers of Crown Court

        7. 12.Restriction of powers in paragraphs 10 and 11 where treatment required

        8. 13.Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision

      3. Part 3 Revocation of order with or without resentencing

        1. 14.Community order subject to magistrates’ court supervision

        2. 15.Crown Court community order

      4. Part 4 Amendment of order

        1. 16.Amendment because of change of residence

        2. 17.(1) This paragraph applies where at any time while a...

        3. 18.Amendment of requirements of community order

        4. 19.Amendment of treatment requirement on report of practitioner

        5. 20.Extension of order

        6. 21.Extension of unpaid work requirement

      5. Part 5 Powers of court in relation to order following subsequent conviction

        1. 22.Powers of magistrates’ court following subsequent conviction

        2. 23.(1) This paragraph applies if the existing community order was...

        3. 24.(1) This paragraph applies if the existing community order was...

        4. 25.Powers of Crown Court following subsequent conviction

      6. Part 6 Supplementary

        1. 26.Adjournment of hearing

        2. 27.Duties to provide copies of orders

    5. SCHEDULE 5

      Transfer of community orders to Scotland or Northern Ireland

      1. Part 1 Scotland

        1. 1.Making of community order where offender will reside in Scotland

        2. 2.Amendment of community order where offender will reside in Scotland

        3. 3.(1) This paragraph applies where— (a) a court in England...

        4. 4.Requirements: availability and restrictions

        5. 5.The following are not available requirements— (a) an alcohol abstinence...

        6. 6.(1) The court may not impose a locally based requirement...

        7. 7.Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule

      2. Part 2 Northern Ireland

        1. 8.Making of community order where offender will reside in Northern Ireland

        2. 9.Amendment of community order where offender will reside in Northern Ireland

        3. 10.(1) This paragraph applies where— (a) a court in England...

        4. 11.Requirements: availability and restrictions

        5. 12.An alcohol abstinence and monitoring requirement is not an available...

        6. 13.(1) The court may not impose a locally based requirement...

        7. 14.Further provision where offender resides or will reside in Northern Ireland

      3. Part 3 Making or amendment of order in accordance with Part 1 or 2 of this Schedule

        1. 15.Application

        2. 16.Explanation to be given by court before order is made or amended

        3. 17.Matters to be specified in the order

        4. 18.Provision of copies

      4. Part 4 Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

        1. 19.Application

        2. 20.Duty to keep in touch with responsible officer

        3. 21.Order to be treated as corresponding order in certain circumstances

        4. 22.Powers of home court

        5. 23.Power of home court to require offender to appear before court in England and Wales

        6. 24.Home court to certify breach of requirement

        7. 25.Powers of court in England and Wales where offender required to appear under paragraph 23

      5. Part 5 Interpretation

        1. 26.In this Schedule— “administrative court division” means an administrative court...

    6. SCHEDULE 6

      Offender under 18: offences for which sentence of detention under section 168 available

      1. 1.Offence punishable with imprisonment for 14 years or more

      2. 2.Sexual offences

      3. 3.Weapons offences where exceptional circumstances justify not imposing required custodial sentence

      4. 4.An offence under section 28 of the Violent Crime Reduction...

    7. SCHEDULE 7

      Special sentence for offenders of particular concern: offences

      1. 1.Terrorism offences

      2. 2.An offence under section 28 of that Act (causing bodily...

      3. 3.An offence under section 29 of that Act (using explosives...

      4. 4.An offence under section 2 of the Explosive Substances Act...

      5. 5.An offence under section 3 of that Act (attempt to...

      6. 6.An offence under section 4 of that Act (making or...

      7. 7.An offence under section 54 of the Terrorism Act 2000...

      8. 8.An offence under section 56 of that Act (directing terrorist...

      9. 9.An offence under section 57 of that Act (possession of...

      10. 10.An offence under section 59 of that Act (inciting terrorism...

      11. 11.An offence under section 47 of the Anti-terrorism, Crime and...

      12. 12.An offence under section 50 of that Act (assisting or...

      13. 13.An offence under section 113 of that Act (use of...

      14. 14.An offence under section 5 of the Terrorism Act 2006...

      15. 15.An offence under section 6 of that Act (training for...

      16. 16.An offence under section 9 of that Act (making or...

      17. 17.An offence under section 10 of that Act (use of...

      18. 18.An offence under section 11 of that Act (terrorist threats...

      19. 19.Sexual offences

      20. 20.An offence under section 6 of that Act (assault of...

      21. 21.Accessories and inchoate offences

      22. 22.An offence in the following list that has a terrorist...

      23. 23.Abolished offences

      24. 24.Meaning of “terrorist connection”

    8. SCHEDULE 8

      Extended sentences: the earlier offence condition: offences

      1. Part 1 Offences under the law of England and Wales

        1. 1.Manslaughter. Origin: CJA 2003 Sch.15B para.1; LASPOA 2012 Sch.18.

        2. 2.An offence under section 4 of the Offences against the...

        3. 3.An offence under section 18 of that Act (wounding with...

        4. 4.An offence under section 28 of that Act (causing bodily...

        5. 5.An offence under section 29 of that Act (using explosives...

        6. 6.An offence under section 2 of the Explosive Substances Act...

        7. 7.An offence under section 3 of that Act (attempt to...

        8. 8.An offence under section 4 of that Act (making or...

        9. 9.An offence under section 16 of the Firearms Act 1968...

        10. 10.An offence under section 17(1) of that Act (use of...

        11. 11.An offence under section 18 of that Act (carrying a...

        12. 12.An offence of robbery under section 8 of the Theft...

        13. 13.An offence under section 1 of the Protection of Children...

        14. 14.An offence under section 54 of the Terrorism Act 2000...

        15. 15.An offence under section 56 of that Act (directing terrorist...

        16. 16.An offence under section 57 of that Act (possession of...

        17. 17.An offence under section 59 of that Act (inciting terrorism...

        18. 18.An offence under section 47 of the Anti-terrorism, Crime and...

        19. 19.An offence under section 50 of that Act (assisting or...

        20. 20.An offence under section 113 of that Act (use of...

        21. 21.An offence under section 1 of the Sexual Offences Act...

        22. 22.An offence under section 2 of that Act (assault by...

        23. 23.An offence under section 4 of that Act (causing a...

        24. 24.An offence under section 5 of that Act (rape of...

        25. 25.An offence under section 6 of that Act (assault of...

        26. 26.An offence under section 7 of that Act (sexual assault...

        27. 27.An offence under section 8 of that Act (causing or...

        28. 28.An offence under section 9 of that Act (sexual activity...

        29. 29.An offence under section 10 of that Act (causing or...

        30. 30.An offence under section 11 of that Act (engaging in...

        31. 31.An offence under section 12 of that Act (causing a...

        32. 32.An offence under section 14 of that Act (arranging or...

        33. 33.An offence under section 15 of that Act (meeting a...

        34. 34.An offence under section 25 of that Act (sexual activity...

        35. 35.An offence under section 26 of that Act (inciting a...

        36. 36.An offence under section 30 of that Act (sexual activity...

        37. 37.An offence under section 31 of that Act (causing or...

        38. 38.An offence under section 34 of that Act (inducement, threat...

        39. 39.An offence under section 35 of that Act (causing a...

        40. 40.An offence under section 47 of that Act (paying for...

        41. 41.An offence under section 48 of that Act (causing or...

        42. 42.An offence under section 49 of that Act (controlling a...

        43. 43.An offence under section 50 of that Act (arranging or...

        44. 44.An offence under section 62 of that Act (committing an...

        45. 45.An offence under section 5 of the Domestic Violence, Crime...

        46. 46.An offence under section 5 of the Terrorism Act 2006...

        47. 47.An offence under section 6 of that Act (training for...

        48. 48.An offence under section 9 of that Act (making or...

        49. 49.An offence under section 10 of that Act (misuse of...

        50. 50.An offence under section 11 of that Act (terrorist threats...

        51. 51.An offence under section 1 of the Modern Slavery Act...

        52. 52.An offence under section 2 of that Act (human trafficking)....

        53. 53.(1) An attempt to commit an offence specified in the...

        54. 54.Murder. Origin: CJA 2003 Sch.15B para.45; LASPOA 2012 Sch.18.

        55. 55.Any offence that— (a) was abolished (with or without savings)...

      2. Part 2 Offences under service law

        1. 56.An offence under section 70 of the Army Act 1955,...

        2. 57.(1) An offence under section 42 of the Armed Forces...

      3. Part 3 Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom

        1. 58.A civilian offence for which the person was convicted in...

        2. 59.A member State service offence which, if committed in England...

        3. 60.In this Part of this Schedule— “civilian offence” means an...

      4. Part 4 Interpretation

        1. 61.In this Schedule “imprisonment for life” includes custody for life...

    9. SCHEDULE 9

      Life sentence for second offence: listed offences

      1. Part 1 Offences under the law of England and Wales

      2. Part 2 Further offences under the law of England and Wales

        1. 54.Murder. Origin: CJA 2003 Sch.15B para.45; LASPOA 2012 Sch.18.

        2. 55.Any offence that— (a) was abolished (with or without savings)...

      3. Part 3 Offences under service law

        1. 56.An offence under section 70 of the Army Act 1955,...

        2. 57.(1) An offence under section 42 of the Armed Forces...

      4. Part 4 Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom

        1. 58.A civilian offence for which the person was convicted in...

        2. 59.A member State service offence which, if committed in England...

        3. 60.In this Part of this Schedule— “civilian offence” means an...

        4. 61.(1) Where the index offence was committed before 13 April...

      5. Part 5 Interpretation

        1. 62.In this Schedule— “imprisonment for life” includes custody for life...

    10. SCHEDULE 10

      Breach or amendment of suspended sentence order, and effect of further conviction

      1. Part 1 Preliminary

        1. 1.Interpretation: general

        2. 2.Enforcement officers

        3. 3.“Order subject to magistrates’ court supervision” and “Crown Court order”

        4. 4.Orders and community requirements which are subject to review

        5. 5.Orders made on appeal

      2. Part 2 Breach of community requirement or conviction of further offence

        1. 6.Breach of community requirement: duty to give warning or refer to enforcement officer

        2. 7.Role of enforcement officer

        3. 8.Order subject to magistrates’ court supervision: issue of summons or warrant by justice

        4. 9.Crown Court order: issue of summons or warrant by Crown Court

        5. 10.Offender before magistrates’ court: breach of community requirement

        6. 11.Offender before magistrates’ court: further conviction

        7. 12.Offender before Crown Court: breach of community requirement or further conviction

        8. 13.Powers of court to deal with offender on breach of requirement or subsequent conviction

        9. 14.Exercise of power in paragraph 13: duty to make activation order where not unjust

        10. 15.Activation orders: further provision

        11. 16.Power under paragraph 13 to fine or amend community requirements: further provision

        12. 17.Restriction of powers in paragraph 13 where treatment required

        13. 18.Duty of court in Scotland or Northern Ireland when informed of suspended sentence

        14. 19.Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence

        15. 20.(1) This paragraph applies where it appears to a justice...

      3. Part 3 Amendment of suspended sentence order

        1. 21.Application of Part

        2. 22.Cancellation of community requirements of suspended sentence order

        3. 23.Amendment by reason of change of residence

        4. 24.(1) This paragraph applies where— (a) a court amends the...

        5. 25.Amendment of community requirements of suspended sentence order

        6. 26.Amendment of treatment requirement on report of practitioner

        7. 27.Amendment in relation to review of drug rehabilitation requirement

        8. 28.Extension of unpaid work requirement

      4. Part 4 Supplementary

        1. 29.Adjournment

        2. 30.Copies of orders

    11. SCHEDULE 11

      Transfer of suspended sentence orders to Scotland or Northern Ireland

      1. Part 1 Interpretation

        1. 1.(1) In this Schedule— “the appropriate court” has the same...

      2. Part 2 Scotland

        1. 2.Restriction on making relevant suspended sentence order where offender lives in Scotland

        2. 3.Amendment of relevant suspended sentence order to become SSSO

        3. 4.(1) A relevant suspended sentence order which is subject to...

        4. 5.Amendment of SSSO under Schedule 10

      3. Part 3 Northern Ireland

        1. 6.Restriction on making suspended sentence order where offender lives in Northern Ireland

        2. 7.Amendment of relevant suspended sentence order to become an NISSO

        3. 8.(1) A relevant suspended sentence order which is subject to...

        4. 9.Amendment of NISSO under Schedule 10

      4. Part 4 Making of orders

        1. 10.Making or amending a suspended sentence order under

        2. 11.Community requirements: availability and restrictions on imposition

        3. 12.(1) The order, as made or amended, may not impose...

        4. 13.Schedule 3 (requirements) applies as if— (a) any reference to...

        5. 14.Matters to be specified in the order

        6. 15.Order to require home authority to appoint relevant officer

        7. 16.Provision of copies

        8. 17.In any case where a court amends an SSSO or...

        9. 18.Paragraphs 16 and 17 apply in place of—

      5. Part 5 Provisions where SSSO or NISSO is in force

        1. 19.Application

        2. 20.Role of responsible officer to be carried out by relevant officer

        3. 21.Community requirements

      6. Part 6 Breach of community requirement

        1. 22.Application

        2. 23.Breach of community requirement: duty to give warning or refer to home court

        3. 24.Issue of citation or warrant by home court

        4. 25.Powers of home court to determine breach or refer to original court

        5. 26.Determination by home court of breach of community requirement: further provision

        6. 27.Paragraphs 23 to 26 have effect in place of paragraphs...

        7. 28.Modifications of Part 2 of Schedule 10

      7. Part 7 Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland

        1. 29.Application

        2. 30.Modifications of Part 3 of Schedule 10

        3. 31.Powers to amend suspended sentence order exercisable by home court

        4. 32.Cases in which offender is to be required to appear before home court

        5. 33.Modification of sections 215 to 217 and Schedule 3

        6. 34.Power for home court to refer application to original court

        7. 35.Powers exercisable by court in England and Wales only after home court consideration

      8. Part 8 Amendment of order: return to England and Wales

        1. 36.Amendment of order: return to England and Wales

        2. 37.Restrictions on exercise of power under this Part of this Schedule

        3. 38.(1) This paragraph applies where the SSSO or NISSO imposes...

        4. 39.Making of order under this Part of this Schedule

      9. Part 9 Supplementary

        1. 40.Electronic monitoring and SSSO

        2. 41.Service of citation or warrant

    12. SCHEDULE 12

      Specified offences for purposes of section 221

      1. Part 1 Specified violent offences

        1. 1.Common law offences

        2. 2.Kidnapping. Origin: CJA 2003 Sch.15 para.2.

        3. 3.False imprisonment. Origin: CJA 2003 Sch.15 para.3.

        4. 4.Offences against the Person Act 1861

        5. 5.Explosive Substances Act 1883

        6. 6.Infant Life (Preservation) Act 1929

        7. 7.Children and Young Persons Act 1933

        8. 8.Infanticide Act 1938

        9. 9.Firearms Act 1968

        10. 10.Theft Act 1968

        11. 11.Criminal Damage Act 1971

        12. 12.Taking of Hostages Act 1982

        13. 13.Aviation Security Act 1982

        14. 14.Mental Health Act 1983

        15. 15.Prohibition of Female Circumcision Act 1985

        16. 16.Public Order Act 1986

        17. 17.Criminal Justice Act 1988

        18. 18.Road Traffic Act 1988

        19. 19.Aviation and Maritime Security Act 1990

        20. 20.Channel Tunnel (Security) Order 1994

        21. 21.Protection from Harassment Act 1997

        22. 22.Crime and Disorder Act 1998

        23. 23.Terrorism Act 2000

        24. 24.International Criminal Court Act 2001

        25. 25.Anti-terrorism, Crime and Security Act 2001

        26. 26.Female Genital Mutilation Act 2003

        27. 27.Domestic Violence, Crime and Victims Act 2004

        28. 28.Terrorism Act 2006

        29. 29.Modern Slavery Act 2015

        30. 30.Ancillary offences

        31. 31.(1) An attempt to commit murder. (2) Conspiracy to commit...

      2. Part 2 Specified sexual offences

        1. 32.Sexual Offences Act 1956

        2. 33.Mental Health Act 1959

        3. 34.Indecency with Children Act 1960

        4. 35.Sexual Offences Act 1967

        5. 36.Theft Act 1968

        6. 37.Criminal Law Act 1977

        7. 38.Protection of Children Act 1978

        8. 39.Customs and Excise Management Act 1979

        9. 40.Criminal Justice Act 1988

        10. 41.Sexual Offences Act 2003

        11. 42.Modern Slavery Act 2015

        12. 43.Ancillary offences

      3. Part 3 Interpretation

        1. 44.For the purposes of— (a) paragraph 23 (offences under the...

    13. SCHEDULE 13

      Schedule 13 offences

      1. Part 1 Serious violent offences

        1. 1.Manslaughter. Origin: CJA 2003 Sch.15 para.1.

        2. 2.Kidnapping. Origin: CJA 2003 Sch.15 para.2.

        3. 3.False imprisonment. Origin: CJA 2003 Sch.15 para.3.

        4. 4.An offence under section 4 of the Offences against the...

        5. 5.An offence under section 18 of that Act (wounding with...

        6. 6.An offence under section 21 of that Act (attempting to...

        7. 7.An offence under section 22 of that Act (using chloroform...

        8. 8.An offence under section 28 of that Act (causing bodily...

        9. 9.An offence under section 29 of that Act (using explosives...

        10. 10.An offence under section 32 of that Act (endangering the...

        11. 11.An offence under section 2 of the Explosive Substances Act...

        12. 12.An offence under section 3 of that Act (attempt to...

        13. 13.An offence under section 4 of that Act (making or...

        14. 14.An offence under section 1 of the Infant Life (Preservation)...

        15. 15.An offence under section 1 of the Infanticide Act 1938...

        16. 16.An offence under section 16 of the Firearms Act 1968...

        17. 17.An offence under section 17(1) of that Act (use of...

        18. 18.An offence under section 17(2) of that Act (possession of...

        19. 19.An offence under section 18 of that Act (carrying a...

        20. 20.An offence under section 8 of the Theft Act 1968...

        21. 21.An offence under section 10 of that Act (aggravated burglary)....

        22. 22.An offence of arson under section 1 of the Criminal...

        23. 23.An offence under section 1(2) of that Act (destroying or...

        24. 24.An offence under section 1 of the Taking of Hostages...

        25. 25.An offence under section 1 of the Aviation Security Act...

        26. 26.An offence under section 2 of that Act (destroying, damaging...

        27. 27.An offence under section 3 of that Act (other acts...

        28. 28.An offence under section 134 of the Criminal Justice Act...

        29. 29.An offence under section 1 of the Aviation and Maritime...

        30. 30.An offence under section 9 of that Act (hijacking of...

        31. 31.An offence under section 10 of that Act (seizing or...

        32. 32.An offence under section 11 of that Act (destroying fixed...

        33. 33.An offence under section 12 of that Act (other acts...

        34. 34.An offence under section 13 of that Act (offences involving...

        35. 35.An offence under Part II of the Channel Tunnel (Security)...

        36. 36.An offence under section 54 of the Terrorism Act 2000...

        37. 37.An offence under section 56 of that Act (directing terrorist...

        38. 38.An offence under section 59 of that Act (inciting terrorism...

        39. 39.An offence under section 47 of the Anti-terrorism, Crime and...

        40. 40.An offence under section 50 of that Act (assisting or...

        41. 41.An offence under section 5 of the Terrorism Act 2006...

        42. 42.An offence under section 6 of that Act (training for...

        43. 43.An offence under section 9 of that Act (making or...

        44. 44.An offence under section 10 of that Act (use of...

        45. 45.An offence under section 11 of that Act (terrorist threats...

        46. 46.An offence under section 1 of the Modern Slavery Act...

        47. 47.An offence under section 2 of that Act (human trafficking)...

        48. 48.(1) Aiding, abetting, counselling or procuring the commission of an...

        49. 49.(1) An attempt to commit murder. (2) A conspiracy to...

      2. Part 2 Serious sexual offences

        1. 50.An offence under section 1 of the Sexual Offences Act...

        2. 51.An offence under section 5 of that Act (intercourse with...

        3. 52.An offence under section 10 of that Act (incest by...

        4. 53.An offence under section 25 of that Act (permitting girl...

        5. 54.An offence under section 1 of the Sexual Offences Act...

        6. 55.An offence under section 2 of that Act (assault by...

        7. 56.An offence under section 4 of that Act (causing a...

        8. 57.An offence under section 5 of that Act (rape of...

        9. 58.An offence under section 6 of that Act (assault of...

        10. 59.An offence under section 8 of that Act (causing or...

        11. 60.An offence under section 30 of that Act (sexual activity...

        12. 61.An offence under section 31 of that Act (causing or...

        13. 62.An offence under section 34 of that Act (inducement, threat...

        14. 63.An offence under section 35 of that Act (causing a...

        15. 64.An offence under section 47 of that Act (paying for...

        16. 65.An offence under section 62 of that Act (committing an...

        17. 66.An offence under section 2 of the Modern Slavery Act...

        18. 67.(1) Aiding, abetting, counselling or procuring the commission of an...

    14. SCHEDULE 14

      Determination of minimum term in relation to mandatory life sentence for murder etc

      1. 1.Interpretation

      2. 2.Starting points

      3. 3.(1) If— (a) the case does not fall within paragraph...

      4. 4.(1) If— (a) the case does not fall within paragraph...

      5. 5.If the offender was aged 18 or over when the...

      6. 6.If the offender was aged under 18 when the offence...

      7. 7.Aggravating and mitigating factors

      8. 8.Detailed consideration of aggravating or mitigating factors may result in...

      9. 9.Aggravating factors (additional to those mentioned in paragraph 2(2), 3(2)...

      10. 10.Mitigating factors that may be relevant to the offence of...

      11. 11.Nothing in this Schedule restricts the application of—

      12. 12.Offences committed before 18 December 2003

    15. SCHEDULE 15

      Amendments of the Sentencing Code and related amendments of other legislation

    16. SCHEDULE 16

      Powers to amend the Sentencing Code

    17. SCHEDULE 17

      Transitional provisions and savings

    18. SCHEDULE 18

      Consequential amendments, repeals and revocations

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