C4Part 12Sentencing
C3Chapter 1General provisions about sentencing
Pt. 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 sentencing
I1142Purposes of sentencing
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 section 51A(2) of the Firearms Act 1968 (c. 27) (minimum sentence for certain firearms offences), under subsection (2) of section 110 or 111 of the Sentencing Act (required custodial sentences) F1, under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) or under F2 section 225(2) or 226(2) of this Act (dangerous offenders), 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.
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.
F8142APurposes etc. of sentencing: offenders under 18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2143Determining the seriousness of an offence
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.
C13
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.
C24
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, F3. . .
F4aa
a previous conviction by a court in another member State of a relevant offence under the law of that State,
F5b
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).
F6or
c
a finding of guilt in respect of a member State service offence.
F75
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.
I3144Reduction in sentences for guilty pleas
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 an offence the sentence for which falls to be imposed under subsection (2) of section 110 or 111 of the Sentencing Act, nothing in that subsection 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 that subsection.
I4145Increase in sentences for racial or religious aggravation
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.
I5146Increase in sentences for aggravation related to disability or sexual orientation
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, or
ii
a disability (or presumed disability) of the victim, or
b
that the offence is motivated (wholly or partly)—
i
by hostility towards persons who are of a particular sexual orientation, or
ii
by hostility towards persons who have a disability or a particular disability.
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.
Pt. 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
Pt. 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