Powers of Criminal Courts (Sentencing) Act 2000

1. Introductory Text

2. Part I Powers exercisable before sentence

   1. Deferment of sentence

      1. 1. Deferment of sentence.

      2. 2. Further powers of courts where sentence deferred under section 1.

   2. Committal to Crown Court for sentence

      1. 3. Committal for sentence on summary trial of offence triable either way.

      2. 4. Committal for sentence on indication of guilty plea to offence triable either way.

      3. 5. Power of Crown Court on committal for sentence under sections 3 and 4.

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

      5. 7. Power of Crown Court on committal for sentence under section 6.

   3. Remission for sentence: young offenders etc.

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

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

      3. 10. Power of magistrates' court to remit case to another magistrates' court for sentence.

   4. Remand by magistrates' court for medical examination

      1. 11. Remand by magistrates' court for medical examination.

3. Part II Absolute and conditional discharge

   1. 12. Absolute and conditional discharge.

   2. 13. Commission of further offence by person conditionally discharged.

   3. 14. Effect of discharge.

   4. 15. Discharge: supplementary.

4. Part III Mandatory and discretionary referral of young offenders

   1. Referral orders

      1. 16. Duty and power to refer certain young offenders to youth offender panels.

      2. 17. The referral conditions.

      3. 18. Making of referral orders: general.

      4. 19. Making of referral orders: effect on court’s other sentencing powers.

      5. 20. Making of referral orders: attendance of parents etc.

   2. Youth offender panels

      1. 21. Establishment of panels.

      2. 22. Attendance at panel meetings.

   3. Youth offender contracts

      1. 23. First meeting: agreement of contract with offender.

      2. 24. First meeting: duration of contract.

      3. 25. First meeting: failure to agree contract.

      4. 26. Progress meetings.

      5. 27. Final meeting.

   4. Further court proceedings

      1. 28. Offender referred back to court or convicted while subject to referral order.

   5. Supplementary

      1. 29. Functions of youth offending teams.

      2. 30. Regulations under Part III.

      3. 31. Rules of court.

      4. 32. Definitions for purposes of Part III.

5. Part IV Community orders and reparation orders

   1. Chapter I Community orders: general provisions

      1. 33. Meaning of “community order” and “community sentence”.

      2. 34. Community orders not available where sentence fixed by law etc.

      3. 35. Restrictions on imposing community sentences.

      4. 36. Procedural requirements for community sentences: pre-sentence reports etc.

   2. Chapter II Community orders available for offenders of any age

      1. Curfew orders

         1. 37. Curfew orders.

         2. 38. Electronic monitoring of curfew orders.

         3. 39. Breach, revocation and amendment of curfew orders.

         4. 40. Curfew orders: supplementary.

   3. Chapter III Community orders available only where offender aged 16 or over

      1. Probation orders

         1. 41. Probation orders.

         2. 42. Additional requirements which may be included in probation orders.

         3. 43. Breach, revocation and amendment of probation orders.

         4. 44. Offenders residing in Scotland or Northern Ireland.

         5. 45. Probation orders: supplementary.

      2. Community service orders

         1. 46. Community service orders.

         2. 47. Obligations of person subject to community service order.

         3. 48. Breach, revocation and amendment of community service orders.

         4. 49. Offenders residing in Scotland or Northern Ireland.

         5. 50. Community service orders: supplementary.

      3. Combination orders

         1. 51. Combination orders.

      4. Drug treatment and testing orders

         1. 52. Drug treatment and testing orders.

         2. 53. The treatment and testing requirements.

         3. 54. Provisions of order as to supervision and periodic review.

         4. 55. Periodic reviews.

         5. 56. Breach, revocation and amendment of drug treatment and testing orders.

         6. 57. Copies of orders.

         7. 58. Drug treatment and testing orders: supplementary.

      5. Orders for persistent petty offenders

         1. 59. Curfew orders and community service orders for persistent petty offenders.

   4. Chapter IV Attendance centre orders: offenders under 21 and defaulters

      1. 60. Attendance centre orders.

      2. 61. Breach, revocation and amendment of attendance centre orders.

      3. 62. Provision, regulation and management of attendance centres.

   5. Chapter V Community orders available only where offender aged under 18

      1. Supervision orders

         1. 63. Supervision orders.

         2. 64. Selection and duty of supervisor and certain expenditure of his.

         3. 65. Breach, revocation and amendment of supervision orders.

         4. 66. Facilities for implementing supervision orders.

         5. 67. Meaning of “local authority”, “reside” and “parent”.

         6. 68. Isles of Scilly.

      2. Action plan orders

         1. 69. Action plan orders.

         2. 70. Requirements which may be included in action plan orders and directions.

         3. 71. Action plan orders: power to fix further hearings.

         4. 72. Breach, revocation and amendment of action plan orders.

   6. Chapter VI Reparation orders for young offenders

      1. 73. Reparation orders.

      2. 74. Requirements and provisions of reparation order, and obligations of person subject to it.

      3. 75. Breach, revocation and amendment of reparation orders.

6. Part V Custodial sentences etc.

   1. Chapter I General provisions

      1. Meaning of “custodial sentence”

         1. 76. Meaning of “custodial sentence”.

      2. Liability to imprisonment on conviction on indictment

         1. 77. Liability to imprisonment on conviction on indictment.

      3. General limit on magistrates' courts' powers

         1. 78. General limit on magistrates' court’s power to impose imprisonment or detention in a young offender institution.

      4. General restrictions on discretionary custodial sentences

         1. 79. General restrictions on imposing discretionary custodial sentences.

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

      5. Procedural requirements for imposing discretionary custodial sentences

         1. 81. Pre-sentence reports and other requirements.

         2. 82. Additional requirements in case of mentally disordered offender.

      6. Other restrictions

         1. 83. Restriction on imposing custodial sentences on persons not legally represented.

         2. 84. Restriction on consecutive sentences for released prisoners.

      7. Sexual and violent offences: licences etc.

         1. 85. Sexual or violent offences: extension of certain custodial sentences for licence purposes.

         2. 86. Sexual offences committed before 30th September 1998.

      8. Crediting of periods of remand in custody

         1. 87. Crediting of periods of remand in custody: terms of imprisonment and detention.

         2. 88. Meaning of “remand in custody”.

   2. Chapter II Detention and custody of young offenders

      1. Restriction on imposing imprisonment on persons under 21

         1. 89. Restriction on imposing imprisonment on persons under 21.

      2. Detention at Her Majesty’s pleasure or for specified period

         1. 90. Offenders who commit murder when under 18: duty to detain at Her Majesty’s pleasure.

         2. 91. Offenders under 18 convicted of certain serious offences: power to detain for specified period.

         3. 92. Detention under sections 90 and 91: place of detention etc.

      3. Custody for life

         1. 93. Duty to impose custody for life in certain cases where offender under 21.

         2. 94. Power to impose custody for life in certain other cases where offender at least 18 but under 21.

         3. 95. Custody for life: place of detention.

      4. Detention in a young offender institution

         1. 96. Detention in a young offender institution for other cases where offender at least 18 but under 21.

         2. 97. Term of detention in a young offender institution, and consecutive sentences.

         3. 98. Detention in a young offender institution: place of detention.

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

         1. 99. Conversion of sentence of detention or custody to sentence of imprisonment.

      6. Detention and training orders

         1. 100. Offenders under 18: detention and training orders.

         2. 101. Term of order, consecutive terms and taking account of remands.

         3. 102. The period of detention and training.

         4. 103. The period of supervision.

         5. 104. Breach of supervision requirements.

         6. 105. Offences during currency of order.

         7. 106. Interaction with sentences of detention in a young offender institution.

         8. 107. Meaning of “secure accommodation” and references to terms.

      7. Detention of persons aged at least 18 but under 21 for default or contempt

         1. 108. Detention of persons aged at least 18 but under 21 for default or contempt.

   3. Chapter III Required custodial sentences for certain offences

      1. 109. Life sentence for second serious offence.

      2. 110. Minimum of seven years for third class A drug trafficking offence.

      3. 111. Minimum of three years for third domestic burglary.

      4. 112. Appeals where previous convictions set aside.

      5. 113. Certificates of convictions for purposes of Chapter III.

      6. 114. Offences under service law.

      7. 115. Determination of day when offence committed.

   4. Chapter IV Return to prison etc. where offence committed during original sentence

      1. 116. Power to order return to prison etc. where offence committed during original sentence.

      2. 117. Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence.

   5. Chapter V Suspended sentences of imprisonment

      1. Suspended sentences of imprisonment

         1. 118. Suspended sentences of imprisonment.

         2. 119. Power of court on conviction of further offence to deal with suspended sentence.

         3. 120. Court by which suspended sentence may be dealt with.

         4. 121. Procedure where court convicting of further offence does not deal with suspended sentence.

      2. Suspended sentence supervision orders

         1. 122. Suspended sentence supervision orders.

         2. 123. Breach of requirement of suspended sentence supervision order.

         3. 124. Suspended sentence supervision orders: revocation, amendment and cessation.

      3. Suspended sentences: supplementary

         1. 125. Suspended sentences: supplementary.

7. Part VI Financial penalties and orders

   1. Financial circumstances orders

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

   2. Fines: general

      1. 127. General power of Crown Court to fine offender convicted on indictment.

      2. 128. Fixing of fines.

      3. 129. Remission of fines.

   3. Compensation orders

      1. 130. Compensation orders against convicted persons.

      2. 131. Limit on amount payable under compensation order of magistrates' court.

      3. 132. Compensation orders: appeals etc.

      4. 133. Review of compensation orders.

      5. 134. Effect of compensation order on subsequent award of damages in civil proceedings.

   4. Young offenders

      1. 135. Limit on fines imposed by magistrates' courts in respect of young offenders.

      2. 136. Power to order statement as to financial circumstances of parent or guardian.

      3. 137. Power to order parent or guardian to pay fine, costs or compensation.

      4. 138. Fixing of fine or compensation to be paid by parent or guardian.

   5. Miscellaneous powers and duties of Crown Court in relation to fines etc.

      1. 139. Powers and duties of Crown Court in relation to fines and forfeited recognizances.

      2. 140. Enforcement of fines imposed and recognizances forfeited by Crown Court.

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

      4. 142. Power of Crown Court to order search of persons before it.

8. Part VII Further powers of courts

   1. Powers to deprive offender of property used etc. for purposes of crime

      1. 143. Powers to deprive offender of property used etc. for purposes of crime.

      2. 144. Property which is in possession of police by virtue of section 143.

      3. 145. Application of proceeds of forfeited property.

   2. Driving disqualifications

      1. 146. Driving disqualification for any offence.

      2. 147. Driving disqualification where vehicle used for purposes of crime.

   3. Restitution orders

      1. 148. Restitution orders.

      2. 149. Restitution orders: supplementary.

   4. Young offenders

      1. 150. Binding over of parent or guardian.

9. Part VIII Miscellaneous and supplementary

   1. Factors to be taken into account in sentencing

      1. 151. Effect of previous convictions and of offending while on bail.

      2. 152. Reduction in sentences for guilty pleas.

      3. 153. Increase in sentences for racial aggravation.

   2. Commencement and alteration of Crown Court sentence

      1. 154. Commencement of Crown Court sentence.

      2. 155. Alteration of Crown Court sentence.

   3. Disclosure of pre-sentence reports etc.

      1. 156. Disclosure of pre-sentence reports.

      2. 157. Other reports of probation officers and members of youth offending teams.

   4. Supplementary

      1. 158. Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders.

      2. 159. Execution of process between England and Wales and Scotland.

      3. 160. Rules and orders.

   5. Interpretation

      1. 161. Meaning of “associated offence”, “sexual offence”, “violent offence” and “protecting the public from serious harm”.

      2. 162. Meaning of “pre-sentence report”.

      3. 163. General definitions.

      4. 164. Further interpretive provisions.

   6. Final provisions

      1. 165. Consequential amendments, transitory modifications, transitional provisions and repeals.

      2. 166. Short title.

      3. 167. Extent.

      4. 168. Commencement.

10. Schedules:

    1. Schedule 1

       Youth offender panels: further court proceedings.

       1. Part I Referral back to appropriate court.

       2. Part II Further convictions during referral.

    2. Schedule 2

       Additional requirements which may be included in probation orders.

    3. Schedule 3

       Breach, revocation and amendment of curfew, probation, community service, combination and drug treatment and testing orders.

       1. Part I Preliminary.

       2. Part II Breach of requirement of order.

       3. Part III Revocation of order.

       4. Part IV Amendment of order.

    4. Schedule 4

       Transfer of certain community orders to Scotland or Northern Ireland.

    5. Schedule 5

       Breach, revocation and amendment of attendance centre orders.

    6. Schedule 6

       Requirements which may be included in supervision orders.

    7. Schedule 7

       Breach, revocation and amendment of supervision orders.

    8. Schedule 8

       Breach, revocation and amendment of action plan orders and reparation orders.

    9. Schedule 9

       Consequential amendments.

    10. Schedule 10

        Transitory modifications.

    11. Schedule 11

        Transitional provisions.

        1. Part I General.

        2. Part II Specific provisions: replication of old transitional provisions.

        3. Part III Specific provisions: miscellaneous transitional provisions.

        4. Part IV Interpretation.

    12. Schedule 12

        Repeals and revocations.

        1. Part I Acts of Parliament repealed.

        2. Part II Subordinate legislation revoked.