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Criminal Justice Act 2003

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  • s. 142 heading words inserted by 2008 c. 4 s. 9(2)(a)
  • s. 259 cross-heading substituted by 2008 c. 4 s. 34(10)(a) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • s. 260 heading substituted by 2008 c. 4 s. 34(10)(b) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • specified provision(s) amendment to earlier commencing SI 2012/2574, Sch. by S.I. 2012/2761 art. 2

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

Part 12E+W+S+N.I.Sentencing

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Modifications etc. (not altering text)

C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

Chapter 1E+WGeneral provisions about sentencing

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Modifications etc. (not altering text)

C3Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)

Matters to be taken into account in sentencingE+W

142Purposes of sentencingE+W

(1)Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing—

(a)the punishment of offenders,

(b)the reduction of crime (including its reduction by deterrence),

(c)the reform and rehabilitation of offenders,

(d)the protection of the public, and

(e)the making of reparation by offenders to persons affected by their offences.

(2)Subsection (1) does not apply—

(a)in relation to an offender who is aged under 18 at the time of conviction,

(b)to an offence the sentence for which is fixed by law,

(c)to an offence the sentence for which falls to be imposed under [F1a provision mentioned in subsection (2A)], or

(d)in relation to the making under Part 3 of the Mental Health Act 1983 (c. 20) of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.

[F2(2A)The provisions referred to in subsection (2)(c) are—

(a)section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons);

(b)section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences);

(c)section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon);

(d)section 110(2) or 111(2) of the Sentencing Act (minimum sentence for certain drug trafficking and burglary offences);

(e)section 224A of this Act (life sentence for second listed offence for certain dangerous offenders);

(f)section 225(2) or 226(2) of this Act (imprisonment or detention for life for certain dangerous offenders);

(g)section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon).]

(3)In this Chapter “sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of his offence; and “sentencing” is to be construed accordingly.

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Amendments (Textual)

Commencement Information

I1S. 142 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Prospective

[F3142APurposes etc. of sentencing: offenders under 18E+W

(1)This section applies where a court is dealing with an offender aged under 18 in respect of an offence.

(2)The court must have regard to—

(a)the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998),

(b)in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and

(c)the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).

(3)Those purposes of sentencing are—

(a)the punishment of offenders,

(b)the reform and rehabilitation of offenders,

(c)the protection of the public, and

(d)the making of reparation by offenders to persons affected by their offences.

(4)This section does not apply—

(a)to an offence the sentence for which is fixed by law,

[F4(b)to an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), or]

(c)in relation to the making under Part 3 of the Mental Health Act 1983 of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.

[F5(5)The provisions referred to in subsection (4)(b) are—

(a)section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons);

(b)section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences);

(c)section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon);

(d)section 226(2) of this Act (detention for life for certain dangerous offenders);

(e)section 29(6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon).]]

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Amendments (Textual)

143Determining the seriousness of an offenceE+W

(1)In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm which the offence caused, was intended to cause or might forseeably have caused.

(2)In considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more previous convictions, the court must treat each previous conviction as an aggravating factor if (in the case of that conviction) the court considers that it can reasonably be so treated having regard, in particular, to—

(a)the nature of the offence to which the conviction relates and its relevance to the current offence, and

(b)the time that has elapsed since the conviction.

(3)In considering the seriousness of any offence committed while the offender was on bail, the court must treat the fact that it was committed in those circumstances as an aggravating factor.

(4)Any reference in subsection (2) to a previous conviction is to be read as a reference to—

(a)a previous conviction by a court in the United Kingdom, F6. . .

[F7(aa)a previous conviction by a court in another member State of a relevant offence under the law of that State,]

[F8(b)a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]

[F9or

(c)a finding of guilt in respect of a member State service offence.]

[F10(5)Subsections (2) and (4) do not prevent the court from treating—

(a)a previous conviction by a court outside both the United Kingdom and any other member State, or

(b)a previous conviction by a court in any member State (other than the United Kingdom) of an offence which is not a relevant offence,

as an aggravating factor in any case where the court considers it appropriate to do so.

(6)For the purposes of this section—

(a)an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction of the defendant for the current offence,

(b)member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)would constitute an offence under the law of any part of the United Kingdom, or a service offence (within the meaning of the Armed Forces Act 2006), if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence,

(c)Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006, and

(d)service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.]

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Amendments (Textual)

F8S. 143(4)(b) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 216; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C5S. 143(4) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(3)(a), 205, Sch. 1 para. 53(5)

Commencement Information

I2S. 143 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

144Reduction in sentences for guilty pleasE+W

(1)In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account—

(a)the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b)the circumstances in which this indication was given.

(2)In the case of [F11an offender who—

(a)is convicted of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (3), and

(b)is aged 18 or over when convicted,

nothing] in [F12that provision] prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in [F12that provision].

[F13(3)The provisions referred to in subsection (2) are—

  • [F14section 1(2B) or 1A(5)] of the Prevention of Crime Act 1953;

  • section 110(2) of the Sentencing Act;

  • section 111(2) of the Sentencing Act;

  • [F15section 139(6B), 139A(5B) or 139AA(7)] of the Criminal Justice Act 1988.

(4)In the case of [F16an offender who—

(a)is convicted of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), and

(b)is aged 16 or 17 when convicted,

nothing] in that provision prevents the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (1) of this section.

(5)The provisions referred to in subsection (4) are—

  • [F17section 1(2B) or 1A(5)] of the Prevention of Crime Act 1953;

  • [F18section 139(6B), 139A(5B) or 139AA(7)] of the Criminal Justice Act 1988.]

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Amendments (Textual)

Commencement Information

I3S. 144 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

145Increase in sentences for racial or religious aggravationE+W

(1)This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).

(2)If the offence was racially or religiously aggravated, the court—

(a)must treat that fact as an aggravating factor, and

(b)must state in open court that the offence was so aggravated.

(3)Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

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Commencement Information

I4S. 145 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

146Increase in sentences for aggravation related to disability[F19, sexual orientation or transgender identity] E+W

(1)This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).

(2)Those circumstances are—

(a)that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—

(i)the sexual orientation (or presumed sexual orientation) of the victim, F20...

(ii)a disability (or presumed disability) of the victim, or

[F21(iii)the victim being (or being presumed to be) transgender, or]

(b)that the offence is motivated (wholly or partly)—

(i)by hostility towards persons who are of a particular sexual orientation, F22...

(ii)by hostility towards persons who have a disability or a particular disability[F23, or

(iii)by hostility towards persons who are transgender.]

(3)The court—

(a)must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and

(b)must state in open court that the offence was committed in such circumstances.

(4)It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(5)In this section “disability” means any physical or mental impairment.

[F24(6)In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.]

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Amendments (Textual)

Commencement Information

I5S. 146 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

General restrictions on community sentencesE+W

147Meaning of “community sentence” etc.E+W

(1)In this Part “community sentence” means a sentence which consists of or includes—

(a)a community order (as defined by section 177), or

(b)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(c)a youth rehabilitation order.]

(2)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I6S. 147 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

148Restrictions on imposing community sentencesE+W

(1)A court must not pass a community sentence on an offender unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.

(2)Where a court passes a community sentence F28. . . —

(a)the particular requirement or requirements forming part of the community order [F29, or, as the case may be, youth rehabilitation order, comprised in the sentence] must be such as, in the opinion of the court, is, or taken together are, the most suitable for the offender, and

(b)the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

[F30(2A)Subsection (2) is subject to [F31 section 177(2A) (community orders: punitive elements) and to] paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).]

F32(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsections (1) and (2)(b) have effect subject to section 151(2).

[F33(5)The fact that by virtue of any provision of this section—

(a)a community sentence may be passed in relation to an offence; or

(b)particular restrictions on liberty may be imposed by a community order or youth rehabilitation order,

does not require a court to pass such a sentence or to impose those restrictions.]

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I7S. 148 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

149Passing of community sentence on offender remanded in custodyE+W

(1)In determining the restrictions on liberty to be imposed by a community order or [F34youth rehabilitation order] in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.

(2)In subsection (1) “remanded in custody” has the meaning given by section 242(2).

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Amendments (Textual)

Commencement Information

I8S. 149 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

150Community sentence not available where sentence fixed by law etc.E+W

[F35(1)]The power to make a community order or [F36youth rehabilitation order] is not exercisable in respect of an offence for which the sentence—

(a)is fixed by law,

(b)falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) (required custodial sentence for certain firearms offences),

(c)falls to be imposed under section 110(2) or 111(2) of the Sentencing Act (requirement to impose custodial sentences for certain repeated offences committed by offenders aged 18 or over), F37. . .

[F38(ca)falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (required custodial sentence in certain cases of using someone to mind a weapon),

[F39(cb)falls to be imposed under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders),]or]

(d)falls to be imposed under [F40section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life)].

[F41(2)The power to make a community order is not exercisable in respect of an offence for which the sentence—

[F42(a)falls to be imposed under section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons), or

(b)falls to be imposed under section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon).]]

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Amendments (Textual)

F35S. 150(1): s. 150 renumbered as s. 150(1) (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 23(1)(a); S.I. 2013/2981, art. 2(d)

Commencement Information

I9S. 150 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

[F43150ACommunity order available only for offences punishable with imprisonment or for persistent offenders previously finedE+W

(1)The power to make a community order is only exercisable in respect of an offence if—

(a)the offence is punishable with imprisonment; or

(b)in any other case, section 151(2) confers power to make such an order.

(2)For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).]

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Amendments (Textual)

Prospective

151Community order [F44or youth rehabilitation order] for persistent offender previously finedE+W

(1)Subsection (2) applies where— This subsection applies to the offender if—

(a)a person aged [F4518] or over is convicted of an offence (“the current offence”),

(b)on three or more previous occasions he has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine, and

(c)despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a community sentence.

(2)The court may make a community order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.

[F46(2A)Subsection (2B) applies where—

(a)a person aged 16 or 17 is convicted of an offence (“the current offence”);

(b)on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and

(c)despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.

(2B)The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.]

(3)The matters referred to in subsection (2) [F47and (2B)] are—

(a)the nature of the offences to which the previous convictions mentioned in subsection (1)(b) relate and their relevance to the current offence, and

(b)the time that has elapsed since the offender’s conviction of each of those offences.

(4)In subsection (1)(b), the reference to conviction by a court in the United Kingdom includes a reference to [F48conviction in service disciplinary proceedings].

(5)For the purposes of subsection (1)(b), [F49an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or] a compensation order [F50, or a service compensation order awarded in service disciplinary proceedings,][F51or a surcharge under section 161A] [F52, or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013] [F53or a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015] does not form part of an offender’s sentence.

(6)For the purposes of subsection (1)(b), it is immaterial whether on other previous occasions a court has passed on the offender a sentence not consisting only of a fine.

(7)This section does not limit the extent to which a court may, in accordance with section 143(2), treat any previous convictions of the offender as increasing the seriousness of an offence.

[F54(8)In this section—

(a)service disciplinary proceedings” means proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006; and

(b)any reference to conviction or sentence, in the context of service disciplinary proceedings, includes anything that under section 376(1) to (3) of that Act is to be treated as a conviction or sentence.]

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Amendments (Textual)

F48Words in s. 151(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 217(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F50Words in s. 151(5) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 217(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F52Words in s. 151(5) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 29; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F54S. 151(8) added (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 217(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C8S. 151 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 270(7), 383 (with ss. 254, 271(1), 385); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C9S. 151 modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), art. 1(3), 205, {Sch. 1 para. 53(6)}

General restrictions on discretionary custodial sentencesE+W

152General restrictions on imposing discretionary custodial sentencesE+W

(1)This section applies where a person is convicted of an offence punishable with a custodial sentence other than one—

(a)fixed by law, or

(b)falling to be imposed under [F55a provision mentioned in subsection (1A).]

[F56(1A)The provisions referred to in subsection (1)(b) are—

(a)section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b)section 51A(2) of the Firearms Act 1968;

(c)section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;

(d)section 110(2) or 111(2) of the Sentencing Act;

(e)section 224A, 225(2) or 226(2) of this Act;

(f)section 29(4) or (6) of the Violent Crime Reduction Act 2006.]

(2)The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.

(3)Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if—

(a)he fails to express his willingness to comply with a requirement which is proposed by the court to be included in a community order and which requires an expression of such willingness, or

(b)he fails to comply with an order under section 161(2) (pre-sentence drug testing).

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Amendments (Textual)

Commencement Information

I10S. 152 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

153Length of discretionary custodial sentences: general provisionE+W

(1)This section applies where a court passes a custodial sentence other than one fixed by law or F57... imposed under section [F58224A,] 225 or 226.

(2)Subject to [F59the provisions listed in subsection (3)] , the custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

[F60(3)The provisions referred to in subsection (2) are—

(a)sections 1(2B) and 1A(5) of the Prevention of Crime Act 1953;

(b)section 51A(2) of the Firearms Act 1968;

(c)sections 139(6B), 139A(5B) and 139AA(7) of the Criminal Justice Act 1988;

(d)sections 110(2) and 111(2) of the Sentencing Act;

(e)sections 226A(4) and 226B(2) of this Act;

(f)section 29(4) or (6) of the Violent Crime Reduction Act 2006.]

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Amendments (Textual)

Commencement Information

I11S. 153 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Prospective

General limit on magistrates' court’s power to impose imprisonmentE+W

154General limit on magistrates' court’s power to impose imprisonmentE+W

(1)A magistrates' court does not have power to impose imprisonment for more than 12 months in respect of any one offence.

(2)Unless expressly excluded, subsection (1) applies even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment for more than 12 months.

(3)Subsection (1) is without prejudice to section 133 of the Magistrates' Courts Act 1980 (c. 43) (consecutive terms of imprisonment).

(4)Any power of a magistrates' court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient [F61goods] to satisfy a fine, is not limited by virtue of subsection (1).

(5)In subsection (4) “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

(6)In this section “impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient [F62goods] to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.

(7)Section 132 of the Magistrates' Courts Act 1980 contains provisions about the minimum term of imprisonment which may be imposed by a magistrates' court.

[F63(8)In this section references to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4) of the Magistrates' Courts Act 1980.]

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Amendments (Textual)

155Consecutive terms of imprisonmentE+W

(1)Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.

(2)In subsection (1), for “6 months” there is substituted “ 65 weeks ”.

(3)Subsection (2) is omitted.

(4)In subsection (3) for “the preceding subsections” there is substituted “ subsection (1) above ”.

Procedural requirements for imposing community sentences and discretionary custodial sentencesE+W

156Pre-sentence reports and other requirementsE+W

(1)In forming any such opinion as is mentioned in section 148(1) [F64or (2)(b),], section 152(2) or section 153(2), [F65or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering),] a court must take into account all such information as is available to it about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it, including any aggravating or mitigating factors.

(2)In forming any such opinion as is mentioned in section 148(2)(a) F66... , the court may take into account any information about the offender which is before it.

(3)Subject to subsection (4), a court must obtain and consider a pre-sentence report before—

(a)in the case of a custodial sentence, forming any such opinion as is mentioned in section 152(2), section 153(2), section 225(1)(b), section 226(1)(b), [F67section 226A(1)(b) or section 226B(1)(b)], or

(b)in the case of a community sentence, forming any such opinion as is mentioned in section 148(1) [F68or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008,] or any opinion as to the suitability for the offender of the particular requirement or requirements to be imposed by the community order [F69or youth rehabilitation order].

(4)Subsection (3) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.

(5)In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (4) unless—

(a)there exists a previous pre-sentence report obtained in respect of the offender, and

(b)the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.

(6)No custodial sentence or community sentence is invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion referred to in subsection (3), but any court on an appeal against such a sentence—

(a)must, subject to subsection (7), obtain a pre-sentence report if none was obtained by the court below, and

(b)must consider any such report obtained by it or by that court.

(7)Subsection (6)(a) does not apply if the court is of the opinion—

(a)that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or

(b)that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.

(8)In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (7) unless—

(a)there exists a previous pre-sentence report obtained in respect of the offender, and

(b)the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.

[F70(9)References in subsections (1) and (3) to a court forming the opinions mentioned in sections 152(2) and 153(2) include a court forming those opinions for the purposes of section 224A(3).]

[F71(10)The reference in subsection (1) to a court forming the opinion mentioned in section 153(2) includes a court forming that opinion for the purposes of section 226A(6) or 226B(4).]

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Amendments (Textual)

Commencement Information

I12S. 156 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

157Additional requirements in case of mentally disordered offenderE+W

(1)Subject to subsection (2), in any case where the offender is or appears to be mentally disordered, the court must obtain and consider a medical report before passing a custodial sentence other than one fixed by law.

(2)Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.

(3)Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court must consider—

(a)any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise), and

(b)the likely effect of such a sentence on that condition and on any treatment which may be available for it.

(4)No custodial sentence which is passed in a case to which subsection (1) applies is invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—

(a)must obtain a medical report if none was obtained by the court below, and

(b)must consider any such report obtained by it or by that court.

(5)In this section “mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983 (c. 20).

(6)In this section “medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State [F72, or by another person by virtue of section 12ZA or 12ZB of that Act,] as having special experience in the diagnosis or treatment of mental disorder.

(7)Nothing in this section is to be taken to limit the generality of section 156.

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Amendments (Textual)

Commencement Information

I13S. 157 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

158Meaning of “pre-sentence report”E+W

(1)In this Part “pre-sentence report” means a report which—

(a)with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by an appropriate officer, and

(b)contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.

[F73(1A)Subject to any rules made under subsection (1)(b) and to subsection (1B), the court may accept a pre-sentence report given orally in open court.

(1B)But a pre-sentence report that—

(a)relates to an offender aged under 18, and

(b)is required to be obtained and considered before the court forms an opinion mentioned in section 156(3)(a),

must be in writing.]

(2)In subsection (1) “an appropriate officer” means—

(a)where the offender is aged 18 or over, an officer of a local probation board [F74or an officer of a provider of probation services] , and

(b)where the offender is aged under 18, an officer of a local probation board [F75, an officer of a provider of probation services] , a social worker of a local authority F76. . . or a member of a youth offending team.

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Amendments (Textual)

F76Words in s. 158(2)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

Modifications etc. (not altering text)

C10S. 158(1) applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 257(1)-(3), 383 (with ss. 271(1), 385); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I14S. 158 wholly in force at 4.4.2005; s. 158 not in force at Royal Assent, see s. 336(3); s. 158(1)(b) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 158 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Disclosure of pre-sentence reports etcE+W

159Disclosure of pre-sentence reportsE+W

(1)This section applies where the court obtains a pre-sentence report, other than a report given orally in open court.

(2)Subject to subsections (3) and (4), the court must give a copy of the report—

(a)to the offender or his [F77legal representative],

(b)if the offender is aged under 18, to any parent or guardian of his who is present in court, and

(c)to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.

(3)If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender or, as the case may be, to that parent or guardian.

(4)If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.

(5)No information obtained by virtue of subsection (2)(c) may be used or disclosed otherwise than for the purpose of—

(a)determining whether representations as to matters contained in the report need to be made to the court, or

(b)making such representations to the court.

(6)In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—

(a)is in their care, or

(b)is provided with accommodation by them in the exercise of any social services functions,

references in this section to his parent or guardian are to be read as references to that authority.

(7)In this section and section 160—

  • harm” has the same meaning as in section 31 of the Children Act 1989 (c. 41);

  • local authority” and “parental responsibility” have the same meanings as in that Act;

  • social services functions”, in relation to a local authority, has the meaning given [F78

    (a)

    in relation to England,] by section 1A of the Local Authority Social Services Act 1970 (c. 42).

    (b)

    [F79in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014]

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Amendments (Textual)

F77Words in s. 159(2)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 147 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Modifications etc. (not altering text)

C11S. 159(1)-(3)(5) applied (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 257(4), 383 (with ss. 271(1), 385); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I15S. 159 wholly in force at 4.4.2005; s. 159 not in force at Royal Assent, see s. 336(3); s. 159(4) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 159 in force at 4.4.2005 in so far as not already in force by S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

160Other reports of local probation boards [F80, providers of probation services] and members of youth offending teamsE+W

(1)This section applies where—

(a)a report by an officer of a local probation board [F81, an officer of a provider of probation services] or a member of a youth offending team is made to any court (other than a youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, and

(b)the report is not a pre-sentence report.

(2)Subject to subsection (3), the court must give a copy of the report—

(a)to the offender or his [F82legal representative] , and

(b)if the offender is aged under 18, to any parent or guardian of his who is present in court.

(3)If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender, or as the case may be, to that parent or guardian.

(4)In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—

(a)is in their care, or

(b)is provided with accommodation by them in the exercise of any social services functions,

references in this section to his parent or guardian are to be read as references to that authority.

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Amendments (Textual)

F82Words in s. 160(2)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 148 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Commencement Information

I16S. 160 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Pre-sentence drug testingE+W

161Pre-sentence drug testingE+W

(1)Where a person F83. . . is convicted of an offence and the court is considering passing a community sentence or a suspended sentence, it may make an order under subsection (2) for the purpose of ascertaining whether the offender has any specified Class A drug in his body.

(2)The order requires the offender to provide, in accordance with the order, samples of any description specified in the order.

(3)Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(4)If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on him a fine of an amount not exceeding level 4.

(5)In subsection (4) “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.

(6)The court may not make an order under subsection (2) unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.

(7)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • appropriate adult”, in relation to a person under the age of 17, means—

    (a)

    his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

    (b)

    a social worker of a local authority F85. . . , or

    (c)

    if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or [F86a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996] ;

  • specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).

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Amendments (Textual)

F83Words in s. 161(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 78(a), {Sch. 28 para. Pt. 1} (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)

F84S. 161(7) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 78(b), {Sch. 28 para. Pt. 1} (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)

F85Words in s. 161(8)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F86Words in s. 161(8)(c) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 79(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 27

[F87SurchargesE+W

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Amendments (Textual)

F87Ss. 161A, 161B and cross-heading inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(1), 59, 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)

161ACourt’s duty to order payment of surchargeE+W

(1)A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.

(2)Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.

(3)Where a court dealing with an offender considers—

(a)that it would be appropriate to make [F88one or more of a compensation order, an unlawful profit order and a slavery and trafficking reparation order] , but

(b)that he has insufficient means to pay both the surcharge [F89and appropriate amounts under such of those orders as it would be appropriate to make,]

the court must reduce the surcharge accordingly (if necessary to nil).

(4)For the purposes of this section a court does not “deal with” a person if it—

(a)discharges him absolutely, or

(b)makes an order under the Mental Health Act 1983 in respect of him.

[F90(5)In [F91this section —

  • "slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015, and]

  • “unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]

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Amendments (Textual)

F88Words in s. 161A(3)(a) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 25(2)(a); S.I. 2015/1476, reg. 2(j)

F89Words in s. 161A(3)(b) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 25(2)(b); S.I. 2015/1476, reg. 2(j)

Modifications etc. (not altering text)

C14S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge)(No 2) Order 2007 (S.I. 2007/1079), {art. 3}

161BAmount of surchargeE+W

(1)The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.

(2)An order under this section may provide for the amount to depend on—

(a)the offence or offences committed,

(b)how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine),

(c)the age of the offender.

This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc).]

FinesE+W

162Powers to order statement as to offender’s financial circumstancesE+W

(1)Where an individual has been convicted of an offence, the court may, before sentencing him, make a financial circumstances order with respect to him.

(2)Where a magistrates' court has been notified in accordance with section 12(4) of the Magistrates' Courts Act 1980 (c. 43) that an individual desires to plead guilty without appearing before the court, the court may make a financial circumstances order with respect to him.

(3)In this section “a financial circumstances order” means, in relation to any individual, an order requiring him to give to the court, within such period as may be specified in the order, such a statement of his [F92assets and other] financial circumstances as the court may require.

(4)An individual who without reasonable excuse fails to comply with a financial circumstances order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)If an individual, in furnishing any statement in pursuance of a financial circumstances order—

(a)makes a statement which he knows to be false in a material particular,

(b)recklessly furnishes a statement which is false in a material particular, or

(c)knowingly fails to disclose any material fact,

he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6)Proceedings in respect of an offence under subsection (5) may, notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43) (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.

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Amendments (Textual)

Commencement Information

I17S. 162 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

163General power of Crown Court to fine offender convicted on indictmentE+W

Where a person is convicted on indictment of any offence, other than an offence for which the sentence is fixed by law or falls to be imposed under section 110(2) or 111(2) of the Sentencing Act or under [F93section [F94224A,] 225(2) or 226(2)] of this Act, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment requiring the offender to be dealt with in a particular way.

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Amendments (Textual)

Commencement Information

I18S. 163 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

164Fixing of finesE+W

(1)Before fixing the amount of any fine to be imposed on an offender who is an individual, a court must inquire into his financial circumstances.

(2)The amount of any fine fixed by a court must be such as, in the opinion of the court, reflects the seriousness of the offence.

(3)In fixing the amount of any fine to be imposed on an offender (whether an individual or other person), a court must take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.

(4)Subsection (3) applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.

[F95(4A)In applying subsection (3), a court must not reduce the amount of a fine on account of any surcharge it orders the offender to pay under section 161A, except to the extent that he has insufficient means to pay both.]

(5)Where—

(a)an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused),

[F96(aa)an offender has been convicted in the offender's absence in proceedings conducted in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers),] or

(b)an offender—

(i)has failed to furnish a statement of his financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (c. 53) (offence of making false statement as to financial circumstances),

(ii)has failed to comply with an order under section 162(1), or

(iii)has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,

and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.

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Amendments (Textual)

Commencement Information

I19S. 164 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

165Remission of finesE+W

(1)This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 164(5).

(2)If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a)have fixed a smaller amount, or

(b)not have fined him,

it may remit the whole or part of the fine.

(3)Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 139 of the Sentencing Act (powers of Crown Court in relation to fines) or section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) it must reduce the term by the corresponding proportion.

(4)In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.

[F97(5)Where—

(a)under this section the court remits the whole or part of a fine, and

(b)the offender was ordered under section 161A to pay a surcharge the amount of which was set by reference to the amount of the fine,

the court must determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.]

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Amendments (Textual)

F97S. 165(5) inserted (1.6.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 179(3), 185(1) (with ss. 4, 21, 33, 42, 58, 75, 93, 179(4)); S.I. 2014/949, art. 4

Commencement Information

I20S. 165 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Savings for power to mitigate etcE+W

166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offendersE+W

(1)Nothing in—

(a)section 148 [F98or (2B)](imposing community sentences),

(b)section 152, 153 or 157 (imposing custodial sentences),

(c)section 156 (pre-sentence reports and other requirements),

(d)section 164 (fixing of fines),

[F99(e)paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or

(f)paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),]

prevents a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.

(2)Section 152(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that a community sentence could not normally be justified for the offence.

(3)Nothing in the sections mentioned in subsection (1)(a) to [F100(f)] prevents a court—

(a)from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence, and

(b)in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.

(4)Subsections (2) and (3) are without prejudice to the generality of subsection (1).

(5)Nothing in the sections mentioned in subsection (1)(a) to [F101(f)] is to be taken—

(a)as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender, or

(b)as restricting any power (whether under the Mental Health Act 1983 (c. 20) or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.

(6)In subsection (5) “mentally disordered”, in relation to a person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983.

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Amendments (Textual)

Commencement Information

I21S. 166 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Sentencing and allocation guidelinesE+W

167The Sentencing Guidelines CouncilE+W

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

168Sentencing Guidelines Council: supplementary provisionsE+W

F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

169The Sentencing Advisory PanelE+W

F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

170Guidelines relating to sentencing and allocationE+W

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

171Functions of Sentencing Advisory Panel in relation to guidelinesE+W

F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

172Duty of court to have regard to sentencing guidelinesE+W

F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

173Annual report by CouncilE+W

F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Duty of court to explain sentenceE+W

[F109174Duty to give reasons for and to explain effect of sentenceE+W

(1)A court passing sentence on an offender has the duties in subsections (2) and (3).

(2)The court must state in open court, in ordinary language and in general terms, the court's reasons for deciding on the sentence.

(3)The court must explain to the offender in ordinary language—

(a)the effect of the sentence,

(b)the effects of non-compliance with any order that the offender is required to comply with and that forms part of the sentence,

(c)any power of the court to vary or review any order that forms part of the sentence, and

(d)the effects of failure to pay a fine, if the sentence consists of or includes a fine.

(4)Criminal Procedure Rules may—

(a)prescribe cases in which either duty does not apply, and

(b)make provision about how an explanation under subsection (3) is to be given.

(5)Subsections (6) to (8) are particular duties of the court in complying with the duty in subsection (2).

(6)The court must identify any definitive sentencing guidelines relevant to the offender's case and—

(a)explain how the court discharged any duty imposed on it by section 125 of the Coroners and Justice Act 2009 (duty to follow guidelines unless satisfied it would be contrary to the interests of justice to do so);

(b)where the court was satisfied it would be contrary to the interests of justice to follow the guidelines, state why.

(7)Where, as a result of taking into account any matter referred to in section 144(1) (guilty pleas), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, the court must state that fact.

(8)Where the offender is under 18 and the court imposes a sentence that may only be imposed in the offender's case if the court is of the opinion mentioned in—

(a)section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act (youth rehabilitation order with intensive supervision and surveillance or with fostering), or

(b)section 152(2) of this Act (discretionary custodial sentence),

the court must state why it is of that opinion.

(9)In this section “definitive sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.]

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Amendments (Textual)

Publication of information by Secretary of StateE+W

175Duty to publish information about sentencingE+W

In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes) in subsection (1) before the “or” at the end of paragraph (a) there is inserted—

(aa)enabling such persons to become aware of the relative effectiveness of different sentences—

(i)in preventing re-offending, and

(ii)in promoting public confidence in the criminal justice system;.

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Commencement Information

I22S. 175 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Interpretation of ChapterE+W

176Interpretation of Chapter 1E+W

In this Chapter—

  • F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “sentence” and “sentencing” are to be read in accordance with section 142(3);

  • F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F112youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008;

  • youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;

  • youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act. ]

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Amendments (Textual)

F110S. 176: definitions of "allocation guidelines", "the Council" and "the Panel", "sentence" and "sentencing", "sentencing guidelines", "youth community order" repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4 (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)(iv)

F112S. 176: definitions of "youth rehabilitation order", "youth rehabilitation order with fostering" and "youth rehabilitation order with intensive supervision and surveillance" added (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 81(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

Commencement Information

I23S. 176 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

Chapter 2E+W+S+N.I.Community orders: offenders aged 16 or over

177Community ordersE+W

F113(1)Where a person aged [F11418] or over is convicted of an offence, the court by or before which he is convicted may make an order (in this Part referred to as a “community order”) imposing on him any one or more of the following requirements—

(a)an unpaid work requirement (as defined by section 199),

[F115(aa)a rehabilitation activity requirement (as defined by section 200A),]

F116(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a programme requirement (as defined by section 202),

(d)a prohibited activity requirement (as defined by section 203),

(e)a curfew requirement (as defined by section 204),

(f)an exclusion requirement (as defined by section 205),

(g)a residence requirement (as defined by section 206),

[F117(ga)a foreign travel prohibition requirement (as defined by section 206A),]

(h)a mental health treatment requirement (as defined by section 207),

(i)a drug rehabilitation requirement (as defined by section 209),

(j)an alcohol treatment requirement (as defined by section 212),

[F118(ja)an alcohol abstinence and monitoring requirement (as defined by section 212A),]

F119(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214)[F120, and

(m)an electronic monitoring requirement (as defined by section 215).]

(2)Subsection (1) has effect subject to sections 150 and 218 and to the following provisions of Chapter 4 relating to particular requirements—

(a)section 199(3) (unpaid work requirement),

F121(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F122(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 203(2) (prohibited activity requirement),

(e)section 207(3) (mental health treatment requirement),

(f)section 209(2) (drug rehabilitation requirement), [F123and]

(g)section 212(2) and (3) (alcohol treatment requirement)[F124, [F125and]

(h)section 212A(8) to (12) (alcohol abstinence and monitoring requirement).][F126, and

(i)section 215(2) (electronic monitoring requirement).]

[F127(2A)Where the court makes a community order, the court must—

(a)include in the order at least one requirement imposed for the purpose of punishment, or

(b)impose a fine for the offence in respect of which the community order is made, or

(c)comply with both of paragraphs (a) and (b).

(2B)Subsection (2A) does not apply where there are exceptional circumstances which—

(a)relate to the offence or to the offender,

(b)would make it unjust in all the circumstances for the court to comply with subsection (2A)(a) in the particular case, and

(c)would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.]

(3)Where the court makes a community order imposing a curfew requirement or an exclusion requirement, the court must also impose an electronic monitoring requirement [F128(as defined by section 215)] [F128within section 215(1)(a) for securing the electronic monitoring of the curfew or exclusion requirement] unless—

(a)it is prevented from doing so by section 215(2) or 218(4), or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

(4)[F129Where the court makes a community order imposing an unpaid work requirement, [F130a rehabilitation activity requirement,] F131... a programme requirement, a prohibited activity requirement, a residence requirement, [F132a foreign travel prohibition requirement,] a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement F131... or an attendance centre requirement, the court may also impose an electronic monitoring requirement unless prevented from doing so by section 215(2) or 218(4).]

(5)A community order must specify a date [F133(“the end date”)], not more than three years after the date of the order, by which all the requirements in it must have been complied withF134...

[F135(5A)If a community order imposes two or more different requirements falling within subsection (1), the order may also specify a date by which each of those requirements must have been complied with; and the last of those dates must be the same as the end date.

(5B)Subject to section 200(3) (duration of community order imposing unpaid work requirement), a community order ceases to be in force on the end date.]

(6)Before making a community order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.

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Amendments (Textual)

F113Word in s. 177(1) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F118S. 177(1)(ja) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(2), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)

F120S. 177(1)(m) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F123Word in s. 177(2)(f) omitted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(3)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)

F124S. 177(2)(h) and word inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(3)(b), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)

F125Word in s. 177(2) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(3)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F126S. 177(2)(i) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(3)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F128Words in s. 177(3) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(4); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F129S. 177(4) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

Modifications etc. (not altering text)

C15S. 177(2A)(2B) modified by 2006 c. 52, s. 182(3A) (as inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(2) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e))

C16S. 177(3)-(6) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C17S. 177(5)(6) extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I24S. 177 wholly in force at 4.4.2009; s. 177 not in force at Royal Assent, see s. 336(3); s. 177 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 8 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

178Power to provide for court review of community ordersE+W

(1)The Secretary of State may by order—

(a)enable or require a court making a community order to provide for the community order to be reviewed periodically by that or another court,

(b)enable a court to amend a community order so as to include or remove a provision for review by a court, and

(c)make provision as to the timing and conduct of reviews and as to the powers of the court on a review.

(2)An order under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 191 and 192 in relation to suspended sentence orders.

(3)An order under this section may repeal or amend any provision of this Part.

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Modifications etc. (not altering text)

C18S. 178 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

179Breach, revocation or amendment of community orderE+W

Schedule 8 (which relates to failures to comply with the requirements of community orders and to the revocation or amendment of such orders) shall have effect.

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Commencement Information

I25S. 179 wholly in force at 4.4.2009; s. 179 not in force at Royal Assent, see s. 336(3); s. 179 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 8 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

180Transfer of community orders to Scotland or Northern IrelandE+W+S+N.I.

Schedule 9 (transfer of community orders to Scotland or Northern Ireland) shall have effect.

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Commencement Information

I26S. 180 wholly in force at 4.4.2009; s. 180 not in force at Royal Assent, see s. 336(3); s. 180 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 8 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Chapter 3E+W[F136Suspended sentence orders]

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Amendments (Textual)

Prison sentences of less than 12 monthsE+W

F137181Prison sentences of less than 12 monthsE+W

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Amendments (Textual)

F137182Licence conditionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Intermittent custodyE+W

F137183Intermittent custodyE+W

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Amendments (Textual)

F137184Restrictions on power to make intermittent custody orderE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F137185Intermittent custody: licence conditionsE+W

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Amendments (Textual)

F137186Further provisions relating to intermittent custodyE+W

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Amendments (Textual)

Further provision about custody plus orders and intermittent custody ordersE+W

F137187Revocation or amendment of orderE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F137188Transfer of custody plus orders and intermittent custody orders to Scotland or Northern IrelandE+W+S+N.I.

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Amendments (Textual)

Suspended sentencesE+W

189Suspended sentences of imprisonmentE+W

[F138(1)If a court passes a sentence of imprisonment for a term of least 14 days but not more than 2 years, it may make an order providing that the sentence of imprisonment is not to take effect unless—

(a)during a period specified in the order for the purposes of this paragraph (“the operational period”) the offender commits another offence in the United Kingdom (whether or not punishable with imprisonment), and

(b)a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.

(1A)An order under subsection (1) may also provide that the offender must comply during a period specified in the order for the purposes of this subsection (“the supervision period”) with one or more requirements falling within section 190(1) and specified in the order.

(1B)Where an order under subsection (1) contains provision under subsection (1A), it must provide that the sentence of imprisonment will also take effect if—

(a)during the supervision period the offender fails to comply with a requirement imposed under subsection (1A), and

(b)a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.]

(2)Where two or more sentences imposed on the same occasion are to be served consecutively, the power conferred by subsection (1) is not exercisable in relation to any of them unless the aggregate of the terms of the sentences [F139does not exceed 2 years].

(3)The supervision period [F140(if any)] and the operational period must each be a period of not less than six months and not more than two years beginning with the date of the order.

(4)[F141Where an order under subsection (1) imposes one or more community requirements,] the supervision period must not end later than the operational period.

(5)A court which passes a suspended sentence on any person for an offence may not impose a community sentence in his case in respect of that offence or any other offence of which he is convicted by or before the court or for which he is dealt with by the court.

(6)Subject to any provision to the contrary contained in the Criminal Justice Act 1967 (c. 80), the Sentencing Act or any other enactment passed or instrument made under any enactment after 31st December 1967, a suspended sentence which has not taken effect under paragraph 8 of Schedule 12 is to be treated as a sentence of imprisonment for the purposes of all enactments and instruments made under enactments.

(7)In this Part—

(a)suspended sentence order” means an order under subsection (1),

(b)suspended sentence” means a sentence to which a suspended sentence order relates, and

(c)community requirement”, in relation to a suspended sentence order, means a requirement imposed under subsection [F142(1A)].

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Amendments (Textual)

Modifications etc. (not altering text)

C19S. 189 modified (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C21S. 189(1) modified (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 200(2)(5), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I27S. 189 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to art. 2(2), Sch. 2)

190Imposition of requirements by suspended sentence orderE+W

F143(1)The requirements falling within this subsection are—

(a)an unpaid work requirement (as defined by section 199),

[F144(aa)a rehabilitation activity requirement (as defined by section 200A),]

F145(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a programme requirement (as defined by section 202),

(d)a prohibited activity requirement (as defined by section 203),

(e)a curfew requirement (as defined by section 204),

(f)an exclusion requirement (as defined by section 205),

(g)a residence requirement (as defined by section 206),

[F146(ga)a foreign travel prohibition requirement (as defined by section 206A),]

(h)a mental health treatment requirement (as defined by section 207),

(i)a drug rehabilitation requirement (as defined by section 209),

(j)an alcohol treatment requirement (as defined by section 212),

[F147(ja)an alcohol abstinence and monitoring requirement (as defined by section 212A),]

F148(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214)[F149, and

(m)an electronic monitoring requirement (as defined by section 215).]

( 2)Section [F150189(1A)] has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements—

(a)section 199(3) (unpaid work requirement),

F151(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 203(2) (prohibited activity requirement),

(e)section 207(3) (mental health treatment requirement),

(f)section 209(2) (drug rehabilitation requirement), [F153and]

(g)section 212(2) and (3) (alcohol treatment requirement) [F154, [F155and]

(h)section 212A(8) to (12) (alcohol abstinence and monitoring requirement).][F156, and

(i)section 215(2) (electronic monitoring requirement).]

(3)Where the court makes a suspended sentence order imposing a curfew requirement or an exclusion requirement, it must also impose an electronic monitoring requirement [F157(as defined by section 215)] [F157within section 215(1)(a) for securing the electronic monitoring of the curfew or exclusion requirement] unless—

(a)the court is prevented from doing so by section 215(2) or 218(4), or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

(4)[F158Where the court makes a suspended sentence order imposing an unpaid work requirement, [F159a rehabilitation activity requirement,] F160... a programme requirement, a prohibited activity requirement, a residence requirement, [F161a foreign travel prohibition requirement,] a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement F160... or an attendance centre requirement, the court may also impose an electronic monitoring requirement unless the court is prevented from doing so by section 215(2) or 218(4).]

(5)Before making a suspended sentence order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.

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Amendments (Textual)

F143Word in s. 190(1) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F147S. 190(1)(ja) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(4), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)

F149S. 190(1)(m) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F153Word in s. 190(2)(f) omitted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(5)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)

F154S. 190(2)(h) and word inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(5)(b), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)

F155Word in s. 190(2) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(3)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F156S. 190(2)(i) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(3)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F157Words in s. 190(3) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(4); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F158S. 190(4) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

Modifications etc. (not altering text)

C22S. 190 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C23Ss. 190-192 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I28S. 190 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to art. 2(2), Sch. 2)

191Power to provide for review of suspended sentence orderE+W

(1)A suspended sentence order [F162that imposes one or more community requirements] may—

(a)provide for the order to be reviewed periodically at specified intervals,

(b)provide for each review to be made, subject to section 192(4), at a hearing held for the purpose by the court responsible for the order (a “review hearing”),

(c)require the offender to attend each review hearing, and

(d)provide for [F163an officer of a provider of probation services] to make to the court responsible for the order, before each review, a report on the offender’s progress in complying with the community requirements of the order.

(2)Subsection (1) does not apply in the case of an order imposing a drug rehabilitation requirement (provision for such a requirement to be subject to review being made by section 210).

(3)In this section references to the court responsible for a suspended sentence order are references—

(a)where a court is specified in the order in accordance with subsection (4), to that court;

(b)in any other case, to the court by which the order is made.

(4)Where the area specified in a suspended sentence order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purpose of subsection (3) a magistrates' court which acts for the area specified in the order.

(5)Where a suspended sentence order has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, it is to be taken for the purposes of subsection (3)(b) to have been made by the Crown Court.

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Amendments (Textual)

Modifications etc. (not altering text)

C24Ss. 190-192 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C25S. 191 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 203(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I29S. 191 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to art. 2(2), Sch. 2)

192Periodic reviews of suspended sentence orderE+W

(1)At a review hearing (within the meaning of subsection (1) of section 191) the court may, after considering the F164... officer’s report referred to in that subsection [F165(“the review officer's report”)], amend the community requirements of the suspended sentence order, or any provision of the order which relates to those requirements.

(2)The court—

(a)may not amend the community requirements of the order so as to impose a requirement of a different kind unless the offender expresses his willingness to comply with that requirement,

(b)may not amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended,

(c)may amend the supervision period only if the period as amended complies with section 189(3) and (4),

(d)may not amend the operational period of the suspended sentence, and

(e)except with the consent of the offender, may not amend the order while an appeal against the order is pending.

(3)For the purposes of subsection (2)(a)—

(a)a community requirement falling within any paragraph of section 190(1) is of the same kind as any other community requirement falling within that paragraph, and

(b)an electronic monitoring requirement [F166within section 215(1)(a)] is a community requirement of the same kind as any requirement falling within section [F167190(1)] [F167190(1)(a) to (l)] to which it relates.

(4)If before a review hearing is held at any review the court, after considering the [F168review] officer’s report, is of the opinion that the offender’s progress in complying with the community requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering that report, is of that opinion, it may amend the suspended sentence order so as to provide for each subsequent review to be held without a hearing.

(5)If at a review held without a hearing the court, after considering the [F169review] officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

(6)If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the community requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 8 of Schedule 12.

(7)At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 191(1).

(8)In this section any reference to the court, in relation to a review without a hearing, is to be read—

(a)in the case of the Crown Court, as a reference to a judge of the court, and

(b)in the case of a magistrates' court, as a reference to a justice of the peace F170. . . .

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Amendments (Textual)

F166Words in s. 192(3)(b) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 14(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F167Words in s. 192(3)(b) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 14(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

Modifications etc. (not altering text)

C26Ss. 190-192 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I30S. 192 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to art. 2(2), Sch. 2)

193Breach, revocation or amendment of suspended sentence order, and effect of further convictionE+W

Schedule 12 (which relates to the breach, revocation or amendment of the community requirements of suspended sentence orders, and to the effect of any further conviction) shall have effect.

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Commencement Information

I31S. 193 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to art. 2(2), Sch. 2)

194Transfer of suspended sentence orders to Scotland or Northern IrelandE+W+S+N.I.

Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) shall have effect.

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Commencement Information

I32S. 194 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to art. 2(2), Sch. 2)

Interpretation of ChapterE+W

195Interpretation of Chapter 3E+W

In this Chapter—

  • F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F172the operational period”, in relation to a suspended sentence, has the meaning given by section 189(1)(a);]

  • sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.

  • [F173the supervision period”, in relation to a suspended sentence, has the meaning given by section 189(1A).]

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Amendments (Textual)

Commencement Information

I33S. 195 wholly in force at 4.4.2005; s. 195 not in force at Royal Assent, see s. 336(3); s. 195 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 195 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 10 (subject to art. 2(2), Sch. 2)

Chapter 4E+WFurther provisions about orders under Chapters 2 and 3

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Modifications etc. (not altering text)

C28Pt. 12 Ch. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Pt. 12 Ch. 4 extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C29Pt. 12 Ch. 4 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

IntroductoryE+W

196Meaning of “relevant order” [F174etc] E+W

(1)In this Chapter “relevant order” means—

(a)a community order, [F175or]

F176(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a suspended sentence order, F177...

F177(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F178(1A)In this Chapter “suspended sentence order” means a suspended sentence order that imposes one or more community requirements.]

F179(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I34S. 196 partly in force; s. 196 not in force at Royal Assent, see s. 336(3); s. 196(1)(d)(2) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 196(1)(a)(c) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 11 (subject to art. 2(2), Sch. 2)

[F180197Meaning of “the responsible officer”E+W

(1)For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a relevant order relates, means the person who is for the time being responsible for discharging the functions conferred by this Part on the responsible officer in accordance with arrangements made by the Secretary of State.

(2)The responsible officer must be—

(a)an officer of a provider of probation services, or

(b)a person responsible for monitoring the offender in accordance with an electronic monitoring requirement imposed by the relevant order.]

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Amendments (Textual)

Modifications etc. (not altering text)

C30S. 197(1)(2) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I35S. 197 partly in force; s. 197 not in force at Royal Assent, see s. 336(3); s. 197 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 197(3)(4) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 197 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 12 (subject to art. 2(2), Sch. 2)

198Duties of responsible officerE+W

(1)Where a relevant order has effect, it is the duty of the responsible officer—

(a)to make any arrangements that are necessary in connection with the requirements imposed by the order, [F181and]

(b)to promote the offender’s compliance with those requirements, F182...

F182(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F182S. 198(1)(c) and preceding word omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 11(2)(b); S.I. 2014/1287, art. 2(d)

Modifications etc. (not altering text)

C31S. 198(1) modified by 2006 c. 52, s. 183(1A) (as inserted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 4(3) (with s. 23(4)); S.I. 2014/1287, art. 2(e))

Commencement Information

I36S. 198 wholly in force at 4.4.2005; s.198 not in force at Royal Assent, see s. 336(3); s. 198 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 198 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 12 (subject to art. 2(2), Sch. 2)

Requirements available in case of all offendersE+W

199Unpaid work requirementE+W

(1)In this Part “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with section 200.

(2)The number of hours which a person may be required to work under an unpaid work requirement must be specified in the relevant order and must be in the aggregate—

(a)not less than 40, and

(b)not more than 300.

(3)A court may not impose an unpaid work requirement in respect of an offender unless after hearing (if the courts thinks necessary) an [F184officer of a local probation board or an officer of a provider of probation services] , the court is satisfied that the offender is a suitable person to perform work under such a requirement.

(4)F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where the court makes relevant orders in respect of two or more offences of which the offender has been convicted on the same occasion and includes unpaid work requirements in each of them, the court may direct that the hours of work specified in any of those requirements is to be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum specified in subsection (2)(b).

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Amendments (Textual)

Commencement Information

I37S. 199 wholly in force at 4.4.2005; s. 199 not in force at Royal Assent, see s. 336(3); s. 199 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 199 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

200Obligations of person subject to unpaid work requirementE+W

(1)An offender in respect of whom an unpaid work requirement of a relevant order is in force must perform for the number of hours specified in the order such work at such times as he may be instructed by the responsible officer.

(2)Subject to paragraph 20 of Schedule 8 and paragraph 18 of Schedule 12 (power to extend order), the work required to be performed under an unpaid work requirement of a community order or a suspended sentence order must be performed during a period of twelve months.

(3)Unless revoked, a community order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.

(4)Where an unpaid work requirement is imposed by a suspended sentence order, the supervision period as defined by section [F186189(1A)] continues until the offender has worked under the order for the number of hours specified in the order, but does not continue beyond the end of the operational period as defined by section [F187189(1)(a)].

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Amendments (Textual)

Commencement Information

I38S. 200 wholly in force at 4.4.2005; s. 200 not in force at Royal Assent, see s. 336(3); s. 200(1) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 200 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

[F188200ARehabilitation activity requirementE+W

(1)In this Part “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to attend appointments or participate in activities or both.

(2)A relevant order imposing a rehabilitation activity requirement must specify the maximum number of days for which the offender may be instructed to participate in activities.

(3)Any instructions given by the responsible officer must be given with a view to promoting the offender's rehabilitation; but this does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.

(4)The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.

(5)The responsible officer, when instructing the offender to participate in activities, may require the offender to—

(a)participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or

(b)go to a specified place and, while there, comply with any instructions given by the person in charge of the place.

(6)The references in subsection (5)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority.

(7)The activities that responsible officers may instruct offenders to participate in include—

(a)activities forming an accredited programme (see section 202(2));

(b)activities whose purpose is reparative, such as restorative justice activities.

(8)For the purposes of subsection (7)(b) an activity is a restorative justice activity if —

(a)the participants consist of, or include, the offender and one or more of the victims,

(b)the aim of the activity is to maximise the offender's awareness of the impact of the offending concerned on the victims, and

(c)the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.

(9)In subsection (8) “victim” means a victim of, or other person affected by, the offending concerned.

(10)Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees.

(11)In this section “the relevant period” means—

(a)in relation to a community order, the period for which the community order remains in force, and

(b)in relation to a suspended sentence order, the supervision period as defined by section 189(1A).]

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Amendments (Textual)

F189201Activity requirementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

202Programme requirementE+W

(1)In this Part “programme requirement”, in relation to a relevant order, means a requirement that the offender must participate [F190in accordance with this section] in an accredited programme [F191on the number of days specified in the order.]

(2)In this Part “accredited programme” means a programme that is for the time being accredited by the [F192Secretary of State for the purposes of this section] .

(3)In this section—

(a)programme” means a systematic set of activities, and

F193(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A [F195programme requirement] operates to require the offender—

(a)in accordance with instructions given by the responsible officer, to participate in the accredited programme [F196that is from time to time specified by the responsible officer at the place that is so specified] on the number of days specified in the order, and

(b)while at that place, to comply with instructions given by, or under the authority of, the person in charge of the programme.

F197(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I39S. 202 wholly in force at 4.4.2005; s. 202 not in force at Royal Assent, see s. 336(3); s. 202 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 202(3)(b) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 202 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 13 (subject to art. 2(2), Sch. 2)

203Prohibited activity requirementE+W

(1)In this Part “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities specified in the order—

(a)on a day or days so specified, or

(b)during a period so specified.

(2)A court may not include a prohibited activity requirement in a relevant order unless it has consulted[F198 an officer of a local probation board or an officer of a provider of probation services]

(3)The requirements that may by virtue of this section be included in a relevant order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).

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Amendments (Textual)

Commencement Information

I40S. 203 wholly in force at 4.4.2005; s. 203 not in force at Royal Assent, see s. 336(3); s. 203 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 203 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 13 (subject to art. 2(2), Sch. 2)

204Curfew requirementE+W

(1)In this Part “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for periods specified in the relevant order, at a place so specified.

(2)A relevant order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than two hours or more than [F199sixteen] hours in any day.

(3)A community order or suspended sentence order which imposes a curfew requirement may not specify periods which fall outside the period of [F200twelve] months beginning with the day on which it is made.

F201(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

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Amendments (Textual)

Commencement Information

I41S. 204 partly in force; s. 204 not in force at Royal Assent, see s. 336(3); s. 204(1)(2)(5)(6) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 204(1)-(3)(6) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

205Exclusion requirementE+W

(1)In this Part “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified.

(2)Where the relevant order is a community order, the period specified must not be more than two years.

(3)An exclusion requirement—

(a)may provide for the prohibition to operate only during the periods specified in the order, and

(b)may specify different places for different periods or days.

(4)In this section “place” includes an area.

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Commencement Information

I42S. 205 wholly in force at 4.4.2005; s. 205 not in force at Royal Assent, see s. 336(3); s. 205(1)(3)(4) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 205 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

206Residence requirementE+W

(1)In this Part, “residence requirement”, in relation to a community order or a suspended sentence order, means a requirement that, during a period specified in the relevant order, the offender must reside at a place specified in the order.

(2)If the order so provides, a residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.

(3)Before making a community order or suspended sentence order containing a residence requirement, the court must consider the home surroundings of the offender.

(4)A court may not specify a hostel or other institution as the place where an offender must reside, except on the recommendation of an officer of a local probation board [F202or an officer of a provider of probation services] .

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Amendments (Textual)

Modifications etc. (not altering text)

C32S. 206(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 3(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C33S. 206(2)-(4) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 3(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I43S. 206 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

[F203206AForeign travel prohibition requirementE+W

(1)In this Part “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a day or days specified in the order, or for a period so specified—

(a)to any country or territory outside the British Islands specified or described in the order,

(b)to any country or territory outside the British Islands other than a country or territory specified or described in the order, or

(c)to any country or territory outside the British Islands.

(2)A day specified under subsection (1) may not fall outside the period of 12 months beginning with the day on which the relevant order is made.

(3)A period specified under that subsection may not exceed 12 months beginning with the day on which the relevant order is made.]

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Amendments (Textual)

207Mental health treatment requirementE+W

(1)In this Part, “mental health treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a [F204registered psychologist] (or both, for different periods) with a view to the improvement of the offender’s mental condition.

(2)The treatment required must be such one of the following kinds of treatment as may be specified in the relevant order—

(a)treatment as a resident patient in [F205a] care home within the meaning of the Care Standards Act 2000 (c. 14) [F206, an independent hospital] or a hospital within the meaning of the Mental Health Act 1983 (c. 20), but not in hospital premises where high security psychiatric services within the meaning of that Act are provided;

(b)treatment as a non-resident patient at such institution or place as may be specified in the order;

(c)treatment by or under the direction of such registered medical practitioner or [F204registered psychologist] (or both) as may be so specified;

but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a), (b) or (c).

(3)A court may not by virtue of this section include a mental health treatment requirement in a relevant order unless—

(a)the court is satisfied F207... that the mental condition of the offender—

(i)is such as requires and may be susceptible to treatment, but

(ii)is not such as to warrant the making of a hospital order or guardianship order within the meaning of [F208the Mental Health Act 1983];

(b)the court is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and

(c)the offender has expressed his willingness to comply with such a requirement.

(4)While the offender is under treatment as a resident patient in pursuance of a mental health requirement of a relevant order, his responsible officer shall carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

[F209(4A)In subsection (2) “independent hospital”—

(a)in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and

(b)in relation to Wales, has the same meaning as in the Care Standards Act 2000.]

F210(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F211(6) In this section and section 208, “ registered psychologist ” means a person registered in the part of the register maintained under [F212the Health and Social Work Professions Order 2001] which relates to practitioner psychologists. ]

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Amendments (Textual)

Modifications etc. (not altering text)

C34S. 207(3)(a)(ii) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(5), 183(1), 202, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C35S. 207(3)(c) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 4(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I44S. 207 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

208Mental health treatment at place other than that specified in orderE+W

(1)Where the medical practitioner or [F213registered psychologist] by whom or under whose direction an offender is being treated for his mental condition in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a)is not specified in the relevant order, and

(b)is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or chartered psychologist,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

(2)Such arrangements as are mentioned in subsection (1) may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the relevant order.

(3)Where any such arrangements as are mentioned in subsection (1) are made for the treatment of an offender—

(a)the medical practitioner or [F213registered psychologist] by whom the arrangements are made shall give notice in writing to the offender’s responsible officer, specifying the institution or place in or at which the treatment is to be carried out; and

(b)the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the relevant order.

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Amendments (Textual)

Modifications etc. (not altering text)

C36S. 208(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 4(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I45S. 208 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

209Drug rehabilitation requirementE+W

(1)In this Part “drug rehabilitation requirement”, in relation to a community order or suspended sentence order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender—

(a)must submit to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs, and

(b)for the purpose of ascertaining whether he has any drug in his body during that period, must provide samples of such description as may be so determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person by or under whose direction the treatment is to be provided.

(2)A court may not impose a drug rehabilitation requirement unless—

(a)it is satisfied—

(i)that the offender is dependent on, or has a propensity to misuse, drugs, and

(ii)that his dependency or propensity is such as requires and may be susceptible to treatment,

(b)it is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident),

(c)the requirement has been recommended to the court as being suitable for the offender [F214by an officer of a local probation board or an officer of a provider of probation services, and]

(d)the offender expresses his willingness to comply with the requirement.

F215(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The required treatment for any particular period must be—

(a)treatment as a resident in such institution or place as may be specified in the order, or

(b)treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a) or (b) above.

(5)The function of making a determination as to the provision of samples under provision included in the community order or suspended sentence order by virtue of subsection (1)(b) is to be exercised in accordance with guidance given from time to time by the Secretary of State.

(6)A community order or suspended sentence order imposing a drug rehabilitation requirement must provide that the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer are to be communicated to the responsible officer.

(7)In this section “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).

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Amendments (Textual)

Modifications etc. (not altering text)

C37S. 209(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 5(1)(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C38S. 206(2)(d) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 5(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I46S. 209 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

210Drug rehabilitation requirement: provision for review by courtE+W

(1)A community order or suspended sentence order imposing a drug rehabilitation requirement may (and must if the treatment and testing period is more than 12 months)—

(a)provide for the requirement to be reviewed periodically at intervals of not less than one month,

(b)provide for each review of the requirement to be made, subject to section 211(6), at a hearing held for the purpose by the court responsible for the order (a “review hearing”),

(c)require the offender to attend each review hearing,

(d)provide for [F216an officer of a provider of probation services] to make to the court responsible for the order, before each review, a report in writing on the offender’s progress under the requirement, and

(e)provide for each such report to include the test results communicated to the responsible officer under section 209(6) or otherwise and the views of the treatment provider as to the treatment and testing of the offender.

(2)In this section references to the court responsible for a community order or suspended sentence order imposing a drug rehabilitation requirement are references—

(a)where a court is specified in the order in accordance with subsection (3), to that court;

(b)in any other case, to the court by which the order is made.

(3)Where the area specified in a community order or suspended sentence order which is made by a magistrates' court and imposes a drug rehabilitation requirement is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (2) a magistrates' court which acts for the area specified in the order.

(4)Where a community order or suspended sentence order imposing a drug rehabilitation requirement has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, for the purposes of subsection (2)(b) it shall be taken to have been made by the Crown Court.

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Amendments (Textual)

Modifications etc. (not altering text)

C39S. 210 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 179(1), 203(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C40S. 210 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I47S. 210 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

211Periodic review of drug rehabilitation requirementE+W

(1)At a review hearing (within the meaning given by subsection (1) of section 210) the court may, after considering the F217... officer’s report referred to in that subsection [F218(“the review officer's report”)], amend the community order or suspended sentence order, so far as it relates to the drug rehabilitation requirement.

(2)The court—

(a)may not amend the drug rehabilitation requirement unless the offender expresses his willingness to comply with the requirement as amended, [F219and]

F220(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.

(3)If the offender fails to express his willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—

(a)revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and

(b)deal with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(4)In dealing with the offender under subsection (3)(b), the court—

(a)shall take into account the extent to which the offender has complied with the requirements of the order, and

(b)may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).

F221(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)If at a review hearing (as defined by section 210(1)(b)) the court, after considering the [F222review] officer’s report, is of the opinion that the offender’s progress under the requirement is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.

(7)If at a review without a hearing the court, after considering the [F223review] officer’s report, is of the opinion that the offender’s progress under the requirement is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

(8)At that hearing the court, after considering that report, may—

(a)exercise the powers conferred by this section as if the hearing were a review hearing, and

(b)so amend the order as to provide for each subsequent review to be made at a review hearing.

(9)In this section any reference to the court, in relation to a review without a hearing, is to be read—

(a)in the case of the Crown Court, as a reference to a judge of the court;

(b)in the case of a magistrates' court, as a reference to a justice of the peace F224. . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C41S. 211 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 179(2), 203(3), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 (as amended (temp.) (24.4.2009 for certain purposes, otherwise 31.10.2009) by S.I. 2009/1059, arts. 1(3), 206, Sch. 2 paras. 3(b)(c),{14(3)(b)(c)})

C42S. 211 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I48S. 211 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

212Alcohol treatment requirementE+W

(1)In this Part “alcohol treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit during a period specified in the order to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on alcohol.

(2)A court may not impose an alcohol treatment requirement in respect of an offender unless it is satisfied—

(a)that he is dependent on alcohol,

(b)that his dependency is such as requires and may be susceptible to treatment, and

(c)that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).

(3)A court may not impose an alcohol treatment requirement unless the offender expresses his willingness to comply with its requirements.

F225(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The treatment required by an alcohol treatment requirement for any particular period must be—

(a)treatment as a resident in such institution or place as may be specified in the order,

(b)treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified, or

(c)treatment by or under the direction of such person having the necessary qualification or experience as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

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Amendments (Textual)

Commencement Information

I49S. 212 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)

[F226212AAlcohol abstinence and monitoring requirementE+W

(1)In this Part “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement—

(a)that, subject to such exceptions (if any) as are specified—

(i)the offender must abstain from consuming alcohol throughout a specified period, or

(ii)the offender must not consume alcohol so that at any time during a specified period there is more than a specified level of alcohol in the offender's body, and

(b)that the offender must, for the purpose of ascertaining whether the offender is complying with provision under paragraph (a), submit during the specified period to monitoring in accordance with specified arrangements.

(2)A period specified under subsection (1)(a) must not exceed 120 days.

(3)If the Secretary of State by order prescribes a minimum period for the purposes of subsection (1)(a), a period specified under that provision must be at least as long as the period prescribed.

(4)The level of alcohol specified under subsection (1)(a)(ii) must be that prescribed by the Secretary of State by order for the purposes of that provision (and a requirement under that provision may not be imposed unless such an order is in force).

(5)An order under subsection (4) may prescribe a level—

(a)by reference to the proportion of alcohol in any one or more of an offender's breath, blood, urine or sweat, or

(b)by some other means.

(6)The arrangements for monitoring specified under subsection (1)(b) must be consistent with those prescribed by the Secretary of State by order (and an alcohol abstinence and monitoring requirement may not be imposed unless such an order is in force).

(7)An order under subsection (6) may in particular prescribe—

(a)arrangements for monitoring by electronic means;

(b)arrangements for monitoring by other means of testing.

(8)A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met.

(9)The first condition is that—

(a)the consumption of alcohol by the offender is an element of the offence for which the order is to be imposed or an associated offence, or

(b)the court is satisfied that the consumption of alcohol by the offender was a factor that contributed to the commission of that offence or an associated offence.

(10)The second condition is that the court is satisfied that the offender is not dependent on alcohol.

(11)The third condition is that the court does not include an alcohol treatment requirement in the order.

(12)The fourth condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified are available in the local justice area to be specified.

(13)In this section—

  • alcohol” includes anything containing alcohol;

  • specified”, in relation to a relevant order, means specified in the order.]

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Amendments (Textual)

F226S. 212A inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(1), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2))

F227213Supervision requirementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Requirements available only in case of offenders aged under 25E+W

214Attendance centre requirementE+W

(1)In this Part “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre F228... for such number of hours as may be [F229specified in the relevant order].

(2)The aggregate number of hours for which the offender may be required to attend at an attendance centre must not be less than 12 or more than 36.

(3)The court may not impose an attendance centre requirement unless the court is satisfied that [F230an attendance centre which is available for persons of the offender's description] is reasonably accessible to the offender concerned, having regard to the means of access available to him and any other circumstances.

[F231(3A)The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.

(3B)When choosing an attendance centre, the responsible officer must consider—

(a)the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and

(b)the description of persons for whom it is available.]

(4)The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(5)The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender’s circumstances.

(6)An offender may not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.

[F232(7)A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.]

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Amendments (Textual)

F228Words in s. 214(1) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 17(3)(a), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o)

Commencement Information

I50S. 214 wholly in force at 4.4.2005; s. 214 not in force at Royal Assent, see s. 336(3); s. 214 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 214 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 14 (subject to art. 2(2), Sch. 2)

Electronic monitoringE+W

215Electronic monitoring requirementE+W

(1)In this Part “electronic monitoring requirement”, in relation to a relevant order, means a requirement [F233for securing the] [F233to submit to either or both of the following—

(a)]electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period specified in the order, or determined by the responsible officer in accordance with the relevant order [F234, and

(b)electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirements included in the order) during a period specified in the order.]

(2)Where—

(a)it is proposed to include in a relevant order a requirement for securing electronic monitoring in accordance with this section, but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person’s consent.

(3)A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring; and a person who is made so responsible must be of a description specified in an order made by the Secretary of State.

(4)Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the relevant order, the responsible officer must, before the beginning of that period, notify—

(a)the offender,

(b)the person responsible for the monitoring, and

(c)any person falling within subsection (2)(b),

of the time when the period is to begin.

[F235(4A)Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—

(a)submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i)being fitted with, or installation of, any necessary apparatus, and

(ii)inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.]

[F236(5)An electronic monitoring requirement [F237within subsection (1)(a)] may not be included in a relevant order for the purposes of securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.

(6)Subsection (5) does not prevent the inclusion of an electronic monitoring requirement in a relevant order which includes an alcohol abstinence and monitoring requirement where [F238this is] [F238the electronic monitoring requirement is within subsection (1)(b) or is included] for the purpose of securing the electronic monitoring of an offender's compliance with a requirement other than the alcohol abstinence and monitoring requirement.]

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Amendments (Textual)

F233Words in s. 215(1) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F234S. 215(1)(b) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F235S. 215(4A) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(3); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F236S. 215(5)(6) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(6), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2))

F237Words in s. 215(5) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(4); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F238Words in s. 215(6) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

Modifications etc. (not altering text)

C43S. 215 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I51S. 215 wholly in force at 4.4.2005; s. 215 not in force at Royal Assent, see s. 336(3); s. 215 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 215(3) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 215 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 15 (subject to art. 2(2), Sch. 2)

[F239215AData from electronic monitoring: code of practiceE+W

(1)The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders under electronic monitoring requirements imposed by relevant orders.

(2)A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.]

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Amendments (Textual)

F239S. 215A inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 17; S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

Provisions applying to relevant orders generallyE+W

216[F240Local justice area] to be specified in relevant orderE+W

(1)A community order or suspended sentence order must specify the [F241local justice area] in which the offender resides or will reside.

F242(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C44S. 216 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I52S. 216 partly in force; s. 216 not in force at Royal Assent, see s. 336(3); s. 216(2)(b) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 216(1) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject to art. 2(2), Sch. 2)

217Requirement to avoid conflict with religious beliefs, etcE+W

(1)The court must ensure, as far as practicable, that any requirement imposed by a relevant order is such as to avoid—

(a)any conflict with the offender’s religious beliefs or with the requirements of any other relevant order to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends [F243any] educational establishment.

(2)The responsible officer in relation to an offender to whom a relevant order relates must ensure, as far as practicable, that any instruction given or requirement imposed by him in pursuance of the order is such as to avoid the conflict or interference mentioned in subsection (1).

(3)The Secretary of State may by order provide that subsection (1) or (2) is to have effect with such additional restrictions as may be specified in the order.

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Amendments (Textual)

Commencement Information

I53S. 217 wholly in force 4.4.2005; s. 217 not in force at Royal Assent, see s. 336(3); s. 217 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 217(3) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 217 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject to art. 2(2), Sch. 2)

218Availability of arrangements in local areaE+W

(1)A court may not include an unpaid work requirement in a relevant order unless the court is satisfied that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the [F244local justice area] in which he resides or will reside.

F245(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A court may not include an attendance centre requirement in a relevant order in respect of an offender unless the court has been notified by the Secretary of State that an attendance centre is available for persons of his description.

(4)A court may not include an electronic monitoring requirement [F246within section 215(1)(a)] in a relevant order in respect of an offender unless the court—

(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in [F247the relevant area (see subsections (5) to (7))], and

(b)is satisfied that the necessary provision can be made under [F248those arrangements] [F248the arrangements currently available] .

(5)In the case of a relevant order containing a curfew requirement or an exclusion requirement, the relevant area for the purposes of subsection (4) is the area in which the place proposed to be specified in the order is situated.

(6)In the case of a relevant order containing an attendance centre requirement, the relevant area for the purposes of subsection (4) is [F249an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender].

(7)In the case of any other relevant order, the relevant area for the purposes of subsection (4) is the [F244local justice area] proposed to be specified in the order.

(8)In subsection (5) “place”, in relation to an exclusion requirement, has the same meaning as in section 205.

[F250(9)A court may not include an electronic monitoring requirement within section 215(1)(b) in a relevant order in respect of an offender unless the court—

(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order,

(b)is satisfied that the offender can be fitted with any necessary apparatus under the arrangements currently available and that any other necessary provision can be made under those arrangements, and

(c)is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.]

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Amendments (Textual)

F246Words in s. 218(4) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F247Words in s. 218(4)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(7), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o)

F248Words in s. 218(4)(b) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F250S. 218(9) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(3); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

Modifications etc. (not altering text)

C45S. 218 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I54S. 218 wholly in force at 4.4.2005; s. 218 not in force at Royal Assent, see s. 336(3); s. 218 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 218 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject to art. 2(2), Sch. 2)

219Provision of copies of relevant ordersE+W

[F251(1)The court by which any relevant order is made must forthwith provide copies of the order—

(a)to the offender,

(b)to the responsible officer,

(c)to an officer who is acting at the court and is an officer of a provider of probation services that is a public sector provider, and

(d)where the court specifies a local justice area in which the court making the order does not act, to a provider of probation services that is a public sector provider and is acting in that area.]

(2)Where a relevant order imposes any requirement specified in the first column of Schedule 14, the court by which the order is made must also forthwith provide the person specified in relation to that requirement in the second column of that Schedule with a copy of so much of the order as relates to that requirement.

(3)Where a relevant order specifies a [F252local justice area in which] the court making the order does not act, the court making the order must provide to the magistrates’s court [F253acting in that area]

(a)a copy of the order, and

(b)such documents and information relating to the case as it considers likely to be of assistance to a court [F253acting in that area] in the exercise of its functions in relation to the order.

[