Search Legislation

Powers of Criminal Courts (Sentencing) Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part II

 Help about opening options

Changes to legislation:

Powers of Criminal Courts (Sentencing) Act 2000, Part II is up to date with all changes known to be in force on or before 18 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 12(1A)(g) inserted by 2019 c. 17 s. 13(6)
  • s. 41(9A) inserted by 2000 c. 43 Sch. 7 para. 165(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 41(12) inserted by 2000 c. 43 Sch. 7 para. 165(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 58(2) inserted by 2000 c. 43 Sch. 7 para. 172 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 172 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 82A(3A)-(3C) inserted by 2008 c. 4 s. 19(3)
  • s. 83(2)(aa) substituted for s. 83(2)(b)(c) by 2000 c. 43 Sch. 7 para. 178
  • s. 101(2A) inserted by 2003 c. 44 s. 298(3)
  • s. 147A(6)(a) words substituted by 2012 c. 10 Sch. 13 para. 12(b)
  • s. 147A(6)(b) words inserted by 2012 c. 10 Sch. 13 para. 12(c)
  • Sch. 2 para. 8 and cross-heading inserted by 2000 c. 43 s. 51 (This amendment not applied to legislation.gov.uk. S. 51 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 6A and cross-heading inserted by 2000 c. 43 Sch. 7 para. 199(9) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(9) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 26 inserted by 2000 c. 43 Sch. 7 para. 199(26) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(26) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(4A) inserted by 2004 c. 28 Sch. 5 para. 5(4) (Effect not applied as it relates to a version of Sch. 3 para. 4 prospectively substituted but not brought into force)
  • Sch. 3 para. 7(4)-(7) substituted for Sch. 3 para. 7(4)-(6) by 2000 c. 43 Sch. 7 para. 199(10)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(c) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 10 para. 12(2)(e)(f) inserted by 2000 c. 43 Sch. 7 para. 204 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 204 repealed (30.11.2009) without ever being in force by 2008 c. 4, Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(u)(xxix))

Part IIE+W Further convictions during referral

Extension of referral for further offencesE+W

[F110(1)This paragraph applies where—E+W

(a)an offender aged under 18 is subject to referral, and

(b)a relevant court is dealing with the offender for an offence in relation to which paragraphs (a) to (c) of section 16(1) apply.

(2)The relevant court may sentence the offender for the offence by making an order extending any compliance period.

(3)The relevant court may not extend the length of a compliance period so that it becomes longer than 12 months.

(4)In this paragraph and paragraph 13 “relevant court” means a youth court or other magistrates' court.]

Textual Amendments

F1Sch. 1 para. 10 substituted for Sch. 1 para. 10-12 (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(1), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 1 para. 10 substituted for Sch. 1 para. 10-12 (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(1), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

Extension where further offence committed after referralE+W

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 1 para. 10 substituted for Sch. 1 para. 10-12 (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(1), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

Provisions supplementary to [F2paragraph 10] E+W

Textual Amendments

F2Words in Sch. 1 para. 13 cross-heading substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(3)(b), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

13F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)Sub-paragraphs (3) to (5) below apply where the relevant court makes an order under [F4paragraph 10 in respect of an offence]; but sub-paragraphs (3) to (5) do not affect the exercise of any power to deal with the offender conferred by paragraph 5 or 14 of this Schedule.

(3)The relevant court may not deal with the offender for that offence in any of the prohibited ways specified in section 19(4) of this Act.

(4)The relevant court—

(a)shall, in respect of any connected offence, either—

(i)sentence the offender by making an order under the same paragraph; or

(ii)make an order discharging him absolutely; and

(b)may not deal with the offender for any connected offence in any of those prohibited ways.

(5)The relevant court may not, in connection with the conviction of the offender for the offence or any connected offence, make any such order as is mentioned in section 19(5) of this Act.

F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The Secretary of State may by regulations make such amendments of [F7paragraph 10] above and this paragraph as he considers appropriate for altering in any way the descriptions of offenders in the case of which an order extending the compliance period may be made; and subsection (4) of section 17 of this Act shall apply in relation to regulations under this sub-paragraph as it applies in relation to regulations under subsection (3) of that section.

Textual Amendments

F3Sch. 1 para. 13(1) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(a), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F4Words in Sch. 1 para. 13(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(b), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F5Sch. 1 para. 13(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(a), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F6Sch. 1 para. 13(7) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(a), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F7Words in Sch. 1 para. 13(8) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(c), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

Further convictions [F8: power to revoke referral orders] E+W

Textual Amendments

F8Words in Sch. 1 para. 14 cross-heading substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 45(2)(c), 95(1) (with s. 45(4)); S.I. 2015/778, art. 3, Sch. 1 para. 36

14(1)This paragraph applies where, at a time when an offender is subject to referral, a court in England and Wales deals with him for an offence (whether committed before or after he was referred to the panel) by making an order other than—E+W

(a)an order under [F9paragraph 10] above; or

(b)an order discharging him [F10, whether absolutely or conditionally].

[F11(2)The court may revoke the referral order (or any one or more of the referral orders) if it appears to the court to be in the interests of justice to do so.

(2A)The revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9ZD or 10.]

(3)Where any order is revoked by virtue of sub-paragraph (2) above, the court may, if appears to the court that it would be in the interests of justice to do so, deal with the offender for the offence in respect of which the revoked order was made in any way in which (assuming section 16 of this Act had not applied) he could have been dealt with for that offence by the court which made the order.

(4)When dealing with the offender under sub-paragraph (3) above the court shall, where a contract has taken effect between the offender and the panel under section 23 of this Act, have regard to the extent of his compliance with the terms of the contract.

Textual Amendments

F9Words in Sch. 1 para. 14(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(3)(c), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F10Words in Sch. 1 para. 14(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 45(2)(a), 95(1) (with s. 45(4)); S.I. 2015/778, art. 3, Sch. 1 para. 36

F11Sch. 1 para. 14(2) (2A) substituted for Sch. 1 para. 14(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 45(2)(b), 95(1) (with s. 45(4)); S.I. 2015/778, art. 3, Sch. 1 para. 36

InterpretationE+W

15(1)For the purposes of this Part of this Schedule an offender is for the time being subject to referral if—E+W

(a)a referral order has been made in respect of him and that order has not, or

(b)two or more referral orders have been made in respect of him and any of those orders has not,

been discharged (whether by virtue of section 27(3) of this Act or under paragraph 7(3) or 8 above) or revoked (whether under paragraph 5(2) above or by virtue of paragraph 14(2) above).

(2)In this Part of this Schedule “compliance period”, in relation to an offender who is for the time being subject to referral, means the period for which (in accordance with section 24 of this Act) any youth offender contract taking effect in his case under section 23 of this Act has (or would have) effect.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources