Criminal Justice Act 2003

174 Duty to give reasons for, and explain effect of, sentence E+W

(1) Subject to subsections (3) and (4), any court passing sentence on an offender—

(a) must state in open court, in ordinary language and in general terms, its reasons for deciding on the sentence passed, and

(b) must explain to the offender in ordinary language—

(i) the effect of the sentence,

(ii) where the offender is required to comply with any order of the court forming part of the sentence, the effects of non-compliance with the order,

(iii) any power of the court, on the application of the offender or any other person, to vary or review any order of the court forming part of the sentence, and

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

(2) In complying with subsection (1)(a), the court must—

[F1 (a) identify any definitive sentencing guidelines relevant to the offender's case and explain how the court discharged any duty imposed on it by section 125 of the Coroners and Justice Act 2009,

(aa) where the court did not follow any such guidelines because it was of the opinion that it would be contrary to the interests of justice to do so, state why it was of that opinion,]

(b) where the sentence is a custodial sentence and the duty in subsection (2) of section 152 is not excluded by subsection (1)(a) or (b) or (3) of that section [F2 or any other statutory provision] , state that it is of the opinion referred to in section 152(2) and why it is of that opinion,

(c) where the sentence is a community sentence [F3 , other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering,] and the case does not fall within section 151(2), state that it is of the opinion that section 148(1) applies and why it is of that opinion,

[F4 (ca) where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,

(cb) where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,]

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

(e) in any case, mention any aggravating or mitigating factors which the court has regarded as being [F5 relevant to the case].

(3) Subsection (1)(a) does not apply—

(a) to an offence the sentence for which is fixed by law (provision relating to sentencing for such an offence being made by section 270), or

(b) to an offence the sentence for which falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) [F6 , under subsection (2) of section 110 or 111 of the Sentencing Act or under section 29(4) or (6) of the Violent Crime Reduction Act 2006](required custodial sentences).

(4) The [F7 Lord Chancellor] may by order—

(a) prescribe cases in which subsection (1)(a) or (b) does not apply, and

(b) prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in subsection (1)(b) may be made in the absence of the offender, or may be provided in written form.

[F8 (4A) Subsection (4B) applies where—

(a) a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and

(b) the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).

(4B) That statement must include—

(a) a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and

(b) a statement by the court why it is of that opinion.]

(5) Where a magistrates' court passes a custodial sentence, it must cause any reason stated by virtue of subsection (2)(b) to be specified in the warrant of commitment and entered on the register.

(6) In this section—

• [F9 “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;]

• “the register” has the meaning given by section 163 of the Sentencing Act.

Textual Amendments

F1 S. 174(2)(a)(aa) substituted (6.4.2010) for s. 174(2)(a) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 84(a) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(a), 20(b) (with art. 7(3))

F2 Words in s. 174(2)(b) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 80(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F3 Words in s. 174(2)(c) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 80(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F4 S. 174(2)(ca)(cb) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 80(2)(c) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F5 Words in s. 174(2)(e) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 84(b) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(a), 20(b) (with art. 7(3))

F6 Words in s. 174(3)(b) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 66(2), Sch. 1 para. 9(6); S.I. 2007/858, art. 2(g)

F7 Words in s. 174(4) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 84(c) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(a), 20(b) (with art. 7(3))

F8 S. 174(4A)(4B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 80(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F9 S. 174(6): definition of "guidelines" substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 84(d) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(a), 20(b) (with art. 7(3))

Modifications etc. (not altering text)

C1 S. 174(1)(a) excluded (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 73(7), 178; S.I. 2006/378, art. 5(1) (with art. 5(2))

C2 S. 174(1)(a) applied (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 74(14), 178; S.I. 2006/378, art. 5(1) (with art. 5(2))

Commencement Information

I1 S. 174 wholly in force at 4.4.2005; s. 174 not in force at Royal Assent, see s. 336(3); s. 174(4) in force at 5.4.2004 by S.I. 2004/829 {art. 2(1)(2)} (subject to art. 2(3)-(6)); s. 174 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)