Powers of Criminal Courts (Sentencing) Act 2000

163 General definitions

In this Act, except where the contrary intention appears—

• “action plan order” means an order under section 69(1) above;

• “the appropriate officer of the court” means, in relation to a magistrates' court, the clerk of the court;

• “associated”, in relation to offences, shall be construed in accordance with section 161(1) above;

• “attendance centre” has the meaning given by section 62(2) above;

• “attendance centre order” means an order under section 60(1) above (and, except where the contrary intention is shown by paragraph 8 of Schedule 3 or paragraph 4 of Schedule 7 or 8 to this Act, includes orders made under section 60(1) by virtue of paragraph 4(1)(c) or 5(1)(c) of Schedule 3 or paragraph 2(2)(a) of Schedule 7 or 8);

• “child” means a person under the age of 14;

• “combination order” means an order under section 51(1) above;

• “community order” has the meaning given by section 33(1) above;

• “community sentence” has the meaning given by section 33(2) above;

• “community service order” means an order under section 46(1) above (and, except where the contrary intention is shown by section 59 above or paragraph 7 of Schedule 3 to this Act or section 35 of the [1997 c. 43.] Crime (Sentences) Act 1997, includes orders made under section 46(1) by virtue of section 59 or paragraph 4(1)(b) or 5(1)(b) of Schedule 3 or the said section 35);

• “compensation order” has the meaning given by section 130(1) above;

• “court” does not include a court-martial;

• “curfew order” means an order under section 37(1) above (and, except where the contrary intention is shown by section 59 above or paragraph 3 of Schedule 7 or 8 to this Act or section 35 of the [1997 c. 43.] Crime (Sentences) Act 1997, includes orders made under section 37(1) by virtue of section 59 or paragraph 2(2)(a) of Schedule 7 or 8 or the said section 35);

• “custodial sentence” has the meaning given by section 76 above;

• “detention and training order” has the meaning given by section 100(3) above;

• “drug treatment and testing order” means an order under section 52(1) above;

• “falling to be imposed under section 109(2), 110(2) or 111(2)” shall be construed in accordance with section 164(3) below;

• “guardian” has the same meaning as in the [1933 c. 12.] Children and Young Persons Act 1933;

• “local authority accommodation” means accommodation provided by or on behalf of a local authority, and “accommodation provided by or on behalf of a local authority” here has the same meaning as it has in the [1989 c. 41.] Children Act 1989 by virtue of section 105 of that Act;

• “offence punishable with imprisonment” shall be construed in accordance with section 164(2) below;

• “operational period”, in relation to a suspended sentence, has the meaning given by section 118(3) above;

• “order for conditional discharge” has the meaning given by section 12(3) above;

• “period of conditional discharge” has the meaning given by section 12(3) above;

• “pre-sentence report” has the meaning given by section 162 above;

• “probation order” means an order under section 41(1) above;

• “probation period” means the period for which a person subject to a probation or combination order is placed under supervision by the order;

• “protecting the public from serious harm” shall be construed in accordance with section 161(4) above;

• “referral order” means an order under section 16(2) or (3) above;

• “the register” means the register of proceedings before a magistrates' court required by rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 to be kept by the clerk of the court;

• “reparation order” means an order under section 73(1) above;

• “responsible officer”—

  (a)

  in relation to a curfew order, has the meaning given by section 37(12) above;

  (b)

  in relation to a probation order, has the meaning given by section 41(6) above;

  (c)

  in relation to a community service order, has the meaning given by section 46(13) above;

  (d)

  in relation to a combination order, has (by virtue of section 51(4) above) the meaning given by section 41(6) or 46(13) above;

  (e)

  in relation to a drug treatment and testing order, has the meaning given by section 54(3) above;

  (f)

  in relation to an action plan order, has the meaning given by section 69(4) above; and

  (g)

  in relation to a reparation order, has the meaning given by section 74(5) above;

  except that in section 47 above references to “the responsible officer” shall be construed in accordance with that section;

• “review hearing”, in relation to a drug treatment and testing order, has the meaning given by section 54(6) above;

• “sentence of imprisonment” does not include a committal—

  (a)

  in default of payment of any sum of money;

  (b)

  for want of sufficient distress to satisfy any sum of money; or

  (c)

  for failure to do or abstain from doing anything required to be done or left undone;

  and references to sentencing an offender to imprisonment shall be construed accordingly;

• “sexual offence” has the meaning given by section 161(2) above;

• “supervision order” means an order under section 63(1) above;

• “supervisor”, in relation to a supervision order, has the meaning given by section 63(3) above;

• “suspended sentence” has the meaning given by section 118(3) above;

• “suspended sentence supervision order” has the meaning given by section 122(1) above;

• “the testing requirement”, in relation to a drug treatment and testing order, has the meaning given by section 53(4) above;

• “the treatment provider”, in relation to such an order, has the meaning given by section 53(1) above;

• “the treatment requirement”, in relation to such an order, has the meaning given by section 53(1) above;

• “the treatment and testing period”, in relation to such an order, has the meaning given by section 52(1) above;

• “violent offence” has the meaning given by section 161(3) above;

• “young person” means a person aged at least 14 but under 18;

• “youth offending team” means a team established under section 39 of the [1998 c. 37.] Crime and Disorder Act 1998.