Sentencing Act 2020

2020 CHAPTER 17

An Act to consolidate certain enactments relating to sentencing.

[22nd October 2020]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

FIRST GROUP OF PARTS U.K. Introductory provisions and overview

PART 1 E+W Introductory provisions and overview

1 Overview E+W

(1) Parts 2 to 13 of this Act together make up a code called the “Sentencing Code”.

(2) They deal with the following matters.

• Before sentencing

  Part 2 is about powers exercisable by a court before passing sentence.

• Sentencing

  • Part 3 is about court procedure when sentencing.

  • Part 4 is about the discretion a court has when sentencing.

• Sentences

  • Part 5 is about absolute and conditional discharges.

  • Part 6 is about orders relating to conduct.

  • Part 7 is about fines and other orders relating to property.

  • Part 8 is about disqualification.

  • Part 9 is about community sentences.

  • Part 10 is about custodial sentences.

  • Part 11 is about behaviour orders.

• General

  • Part 12 contains miscellaneous and general provision about sentencing.

  • Part 13 deals with interpretation.

(3) Part 14 of this Act contains supplementary provision.

(4) For other provision that may be relevant in relation to sentencing, see—

(a) Criminal Procedure Rules, and

(b) sentencing guidelines.

Commencement Information

I1 S. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 Application of Code E+W

(1) The Sentencing Code does not apply where a person is convicted of an offence before [F1 1 December 2020].

(2) Accordingly, any provision that corresponds to a provision of the Sentencing Code continues on and after that date to have effect as regards dealing with a person—

(a) for an offence of which the person was convicted before that date, and

(b) in relation to a sentence passed for an offence of which the person was convicted before that date.

(3) Where on or after that date a court is dealing with a person in relation to an offence of which the person was convicted before that date and is required to treat the person as just convicted of the offence, the requirement does not mean that subsection (2) no longer applies.

Textual Amendments

F1 Words in s. 2(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(1)

Commencement Information

I2 S. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

SECOND GROUP OF PARTS U.K. Provisions applying to sentencing courts generally

PART 2 E+W Powers exercisable before passing sentence

CHAPTER 1 E+W Deferment of sentence

3 Deferment order E+W

(1) In this Code “deferment order” means an order deferring passing sentence on an offender in respect of one or more offences until the date specified in the order, to enable a court, in dealing with the offender, to have regard to—

(a) the offender's conduct after conviction (including, where appropriate, the offender's making reparation for the offence), or

(b) any change in the offender's circumstances.

(2) A deferment order may impose requirements (“deferment requirements”) as to the offender's conduct during the period of deferment.

(3) Deferment requirements may include—

(a) requirements as to the residence of the offender during all or part of the period of deferment;

(b) restorative justice requirements.

Commencement Information

I3 S. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 Availability of deferment order E+W

(1) A deferment order is available to the Crown Court or a magistrates' court in respect of an offence where—

(a) the offender is before the court to be dealt with for the offence, and

(b) no previous deferment order has been made in respect of the offence.

See also section 11(4) (power of Crown Court to make further deferment order where magistrates' court commits offender for sentence).

(2) But a deferment order is not available to a magistrates' court dealing with an offender in respect of an offence for which section 85(1)(a) (compulsory referral conditions) requires the court to make a referral order.

Commencement Information

I4 S. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 Making a deferment order E+W

(1) A court may make a deferment order in respect of an offence only if—

(a) the offender consents,

(b) the offender undertakes to comply with any deferment requirements the court proposes to impose,

(c) if those requirements include a restorative justice requirement, section 7(2) (consent of participants in restorative justice activity) is satisfied, and

(d) the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to make the order.

(2) The date specified under section 3(1) in the order may not be more than 6 months after the date on which the order is made.

(3) A court which makes a deferment order must forthwith give a copy of the order—

(a) to the offender,

(b) if it imposes deferment requirements that include a restorative justice requirement, to every person who would be a participant in the activity concerned (see section 7(1)),

(c) where an officer of a provider of probation services has been appointed to act as a supervisor, to that provider, and

(d) where a person has been appointed under section 8(1)(b) to act as a supervisor, to that person.

(4) A court which makes a deferment order may not on the same occasion remand the offender, notwithstanding any enactment.

Commencement Information

I5 S. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 Effect of deferment order E+W

(1) Where a deferment order has been made in respect of an offence, the court which deals with the offender for the offence may have regard to—

(a) the offender's conduct after conviction, or

(b) any change in the offender's circumstances.

(2) The matters to which the court may have regard in dealing with the offender include, in particular—

(a) where appropriate, the making by the offender of reparation for the offence, and

(b) the extent to which the offender has complied with any deferment requirements.

(3) Subsection (4) applies where—

(a) the court which made a deferment order proposes to deal with the offender on the date specified in the order, or

(b) the offender does not appear on that date.

(4) The court may—

(a) issue a summons requiring the offender to appear before the court at the time and place specified in the summons, or

(b) issue a warrant for the offender's arrest which requires the offender to be brought before the court at the time and place specified in the warrant.

(5) Subsection (6) applies where a magistrates' court makes a deferment order.

(6) In making the order the court is to be regarded as having adjourned the trial under section 10(1) of the Magistrates' Courts Act 1980.

Accordingly, sections 11(1) and 13(1) to (3A) and (5) of that Act (non-appearance of the accused) apply if the offender does not appear on the date specified in the deferment order (but this is without prejudice to subsection (4)).

Commencement Information

I6 S. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 Restorative justice requirements E+W

(1) Any reference in this Chapter to a restorative justice requirement is to a requirement to participate in an activity—

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

(b) which aims to maximise the offender's awareness of the impact of the offending concerned on the victims, and

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

(2) A restorative justice requirement may not be imposed as a deferment requirement without the consent of every person who would be a participant in the activity.

(3) For the purposes of subsection (2), a supervisor and the offender do not count as proposed participants.

(4) A person running an activity for the purposes of a restorative justice requirement must have regard to any guidance issued from time to time by the Secretary of State with a view to encouraging good practice in connection with such an activity.

(5) In this section “victim” means a victim of, or other person affected by, the offending concerned.

Commencement Information

I7 S. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 Deferment order: supervisor E+W

Appointment of supervisor

(1) Where a court makes a deferment order that imposes deferment requirements, it may appoint—

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

(b) any other person the court thinks appropriate who consents to the appointment,

to act as a supervisor in relation to the offender.

Function of supervisor

(2) A supervisor must—

(a) monitor the offender's compliance with the deferment requirements, and

(b) provide the court which deals with the offender for any offence in respect of which the order was made with such information as the court may require relating to the offender's compliance with the deferment requirements.

Supervisor appointed under subsection (1)(b): power of magistrates' court to issue summons

(3) Where—

(a) a deferment order imposes deferment requirements,

(b) it falls to a magistrates' court to—

(i) deal with the offender for any offence in respect of which the order was made, or

(ii) determine under section 9(3)(b) whether the offender has failed to comply with a deferment requirement, and

(c) a justice of the peace is satisfied that a supervisor appointed under subsection (1)(b)—

(i) is likely to be able to give evidence that may assist the court in doing so, and

(ii) will not voluntarily attend as a witness,

the justice may issue a summons directed to that supervisor requiring the supervisor to attend before the court at the time and place appointed in the summons to give evidence.

Commencement Information

I8 S. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 Failure to comply with deferment requirement E+W

(1) This section applies where—

(a) a court has made a deferment order that imposes deferment requirements, and

(b) a supervisor has reported to the court that the offender has failed to comply with one or more of the deferment requirements.

(2) The court may issue—

(a) a summons requiring the offender to appear before it at the time and place specified in the summons, or

(b) a warrant for the offender's arrest which requires the offender to be brought before it at the time and place specified in the warrant.

(3) The court may deal with the offender for the offence in respect of which the order was made before the end of the period of deferment if—

(a) the offender appears or is brought before the court under subsection (2), and

(b) the court is satisfied that the offender has failed to comply with one or more of the deferment requirements.

For the powers of the court in dealing with the offender under this subsection, see section 11.

Commencement Information

I9 S. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 Conviction of offence during period of deferment E+W

(1) This section applies where a court has made a deferment order in respect of an offence.

Power of court which made deferment order

(2) The court which made the order (“the original court”) may deal with the offender for the offence in respect of which the deferment order was made before the end of the period of deferment if during that period the offender is convicted in Great Britain of any offence.

For the powers of the original court in dealing with the offender under this subsection, see section 11.

(3) Where the original court proposes to deal with the offender by virtue of subsection (2) before the end of the period of deferment, it may issue—

(a) a summons requiring the offender to appear before the court at the time and place specified in the summons, or

(b) a warrant for the arrest of the offender, requiring the offender to be brought before the court at the time and place specified in the warrant.

Power of court which sentences offender for later offence

(4) Subsection (5) applies where during the period of deferment the offender is convicted in England and Wales of any offence (“the later offence”).

This is subject to subsection (6).

(5) The court which passes sentence on the offender for the later offence may also deal with the offender for the offence or offences in respect of which the deferment order was made (if this has not already been done).

For the powers of the court in dealing with the offender under this subsection, see section 11.

(6) Subsection (5) does not apply where—

(a) the deferment order was made by the Crown Court, and

(b) the court which passes sentence on the offender for the later offence is a magistrates' court.

(7) Subsection (5)—

(a) is without prejudice to subsection (2), and

(b) applies whether or not the offender is sentenced for the later offence during the period of deferment.

Commencement Information

I10 S. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 Powers of court dealing with offender following deferment order E+W

(1) Subsection (2) applies where an offender who is subject to a deferment order is being dealt with for any offence in respect of which the order was made—

(a) by the court which made the order (“the original court”)—

(i) at the end of the period of deferment, in accordance with the deferment order,

(ii) under section 9(3) (failure to comply with deferment requirement), or

(iii) under section 10(2) (original court dealing with offender following conviction during period of deferment), or

(b) by any court under section 10(5) (conviction during period of deferment: convicting court dealing with offender).

(2) The court may deal with the offender for the offence in any way in which the original court could have dealt with the offender for the offence if it had not made a deferment order.

(3) Where a magistrates' court is dealing with the offender, its power under that subsection includes, in particular, the power in section 14 to commit the offender to the Crown Court for sentence.

(4) Where a magistrates' court deals with the offender by committing the offender to the Crown Court under section 14, the power of the Crown Court to deal with the offender includes the same power to make a deferment order as if the offender had just been convicted of the offence on indictment before it.

Commencement Information

I11 S. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 Saving for power to bind over and other powers to defer sentence E+W

Nothing in this Chapter affects—

(a) the power of the Crown Court to bind over an offender to come up for judgment when called upon, or

(b) any other power of a court to defer passing sentence.

Commencement Information

I12 S. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 Deferment orders: interpretation E+W

(1) In this Chapter—

• “deferment requirement” has the meaning given by section 3(2);

• “period of deferment”, in relation to a deferment order, means the period from the date on which the deferment order is made until the date specified in the order under section 3(1);

• “restorative justice requirement” has the meaning given by section 7;

• “supervisor”, in relation to a deferment order, means a person appointed under section 8(1).

(2) In relation to a deferment order made by a magistrates' court, any reference in this Chapter to the court which made the order includes a reference to any magistrates' court acting in the same local justice area as that court.

Commencement Information

I13 S. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Committal to the Crown Court for sentence

Committal following summary trial: adults and corporations E+W

14 Committal for sentence on summary trial of offence triable either way: adults and corporations E+W

(1) This section applies where—

(a) on the summary trial of an offence triable either way a person aged 18 or over is convicted of the offence, and

(b) the court is of the opinion that—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

was so serious that the Crown Court should have the power to deal with the offender in any way it could deal with the offender if the offender had been convicted on indictment.

This is subject to the provisions mentioned in subsection (4).

(2) The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 21(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

(4) For offences in relation to which this section does not apply see sections 17D and 33 of the Magistrates' Courts Act 1980 (exclusion in respect of certain offences where value involved is small).

(5) This section applies to a corporation as if—

(a) the corporation were an individual aged 18 or over, and

(b) in subsection (2) the words “in custody or on bail” were omitted.

Commencement Information

I14 S. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

15 Committal for sentence of dangerous adult offenders E+W

(1) This section applies where—

(a) on the summary trial of a specified offence (see section 306) triable either way a person aged 18 or over is convicted of the offence, and

(b) the court is of the opinion that an extended sentence of detention in a young offender institution or of imprisonment (see section 266 or 279) would be available in relation to the offence.

[F2 (1A) This section also applies where—

(a) on the summary trial of an offence specified in Schedule 17A triable either way a person is convicted of the offence, and

(b) the court is of the opinion that the circumstances are such that a serious terrorism sentence (see section 268A or 282A) may be required to be imposed.]

(2) The court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 21(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

(4) In doing anything under or contemplated by this section, the court is not bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable).

(5) Nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is inconsistent with an indication of sentence.

(6) Nothing in this section prevents the court from committing an offender convicted of [F3 an offence] to the Crown Court for sentence under section 14 or 18 if the provisions of that section are satisfied.

Textual Amendments

F2 S. 15(1A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(2)(a)

F3 Words in s. 15(6) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(2)(b)

Commencement Information

I15 S. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal following summary trial: persons under 18 E+W

16 Committal for sentence of young offenders on summary trial of certain serious offences E+W

(1) This section applies where—

(a) on the summary trial of an offence within paragraph (a) or (b) of the table in section 249(1) (offences punishable with imprisonment for 14 years or more and certain sexual offences), a person is convicted of the offence,

(b) the person is aged under 18 at the time of conviction, and

(c) the court is of the opinion that—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

was such that the Crown Court should have power to deal with the offender by imposing a sentence of detention under section 250.

(2) The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

Commencement Information

I16 S. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F4 16A Committal for sentence of young offenders on summary trial of certain terrorist offences E+W

(1) This section applies where—

(a) on summary trial of an offence within section 252A(1)(a) (terrorism offences attracting special sentence for offenders of particular concern), a person is convicted of the offence,

(b) the person is aged under 18 at the time of conviction, and

(c) the court is of the opinion that—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

was such that the Crown Court should have power to deal with the offender by imposing a sentence of detention under section 252A for a term of more than two years.

(2) The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.]

Textual Amendments

F4 S. 16A inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(2)

17 Committal for sentence of dangerous young offenders E+W

(1) This section applies where—

(a) on the summary trial of a specified offence (see section 306) a person aged under 18 is convicted of the offence, and

(b) the court is of the opinion that an extended sentence of detention under section 254 would be available in relation to the offence.

(2) The court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).

(3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

(4) Nothing in this section prevents the court from committing a person convicted of a specified offence to the Crown Court for sentence under section 16 [F5 , 16A] or 19 if the provisions of that section are satisfied.

Textual Amendments

F5 Word in s. 17(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(3)

Commencement Information

I17 S. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal for sentence following indication of guilty plea E+W

18 Committal for sentence on indication of guilty plea to offence triable either way: adult offenders E+W

(1) Where a magistrates' court—

(a) has convicted an offender aged 18 or over of an offence triable either way following an indication of a guilty plea, and

(b) has sent the offender to the Crown Court for trial for one or more related offences,

it may commit the offender in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 21(2).

(2) For offences in relation to which subsection (1) does not apply, see section 17D of the Magistrates' Courts Act 1980 (cases where value involved is small).

(3) Where a magistrates' court—

(a) convicts an offender aged 18 or over of an offence triable either way following an indication of a guilty plea, and

(b) is still to determine to send, or whether to send, the offender to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998, for one or more related offences,

it must adjourn the proceedings relating to the offence until after it has made those determinations.

(4) Where the court—

(a) commits the offender under subsection (1) to the Crown Court to be dealt with in respect of the offence, and

(b) in its opinion also has power under section 14(2) or is required under section 15(2) to commit the offender to the Crown Court to be dealt with in respect of the offence,

the court may make a statement of that opinion.

(5) For powers of the court, where it commits a person under subsection (1), also to commit in respect of other offences, see section 20.

(6) For the purposes of this section, a magistrates' court convicts a person of an offence triable either way following an indication of a guilty plea if—

(a) the person appears or is brought before the court on an information charging the person with the offence,

(b) the person or (where applicable) the person's representative indicates under—

(i) section 17A or 17B of the Magistrates' Courts Act 1980 (indication of intention as to plea in case of offence triable either way), or

(ii) section 20(7) of that Act (summary trial appears more suitable),

that the person would plead guilty if the offence were to proceed to trial, and

(c) proceeding as if—

(i) section 9(1) of that Act were complied with, and

(ii) the person pleaded guilty under it,

the court convicts the person of the offence.

(7) For the purposes of this section—

(a) “related offence” means an offence which, in the opinion of the court, is related to the offence, and

(b) one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.

(8) In doing anything under or contemplated by this section, the court is not bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable).

(9) Nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is inconsistent with an indication of sentence.

Commencement Information

I18 S. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19 Committal for sentence on indication of guilty plea by child with related offences E+W

(1) Where—

(a) a magistrates' court—

(i) has convicted a person aged under 18 of an offence following an indication of a guilty plea, and

(ii) has sent the person to the Crown Court for trial for one or more related offences, and

(b) the offence falls within paragraph (a) or (b) of the table in section 249(1) (offences punishable with imprisonment for 14 years or more and certain sexual offences) [F6 or section 252A(1)(a) (terrorism offences attracting special sentence for offenders of particular concern)],

the court may commit the offender in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 22(2).

(2) Where a magistrates' court—

(a) convicts a person aged under 18 of an offence mentioned in paragraph (a) or (b) of the table in section 249(1) [F7 or within section 252A(1)(a)] following an indication of a guilty plea, and

(b) is still to determine to send, or whether to send, the person to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences,

it must adjourn the proceedings relating to the offence until after it has made those determinations.

(3) Where the court—

(a) commits the offender under subsection (1) to the Crown Court to be dealt with in respect of the offence, and

(b) in its opinion, also has power so to commit the offender under section 16(2) [F8 , 16A(2)] or 17(2),

the court may make a statement of that opinion.

(4) For powers of the court, where it commits a person under subsection (1), also to commit in respect of other offences, see section 20.

(5) For the purposes of this section, a magistrates' court convicts a person aged under 18 of an offence following an indication of a guilty plea if—

(a) the person appears or is brought before the court when aged under 18 on an information charging the person with the offence,

(b) the person or the person's representative indicates under section 24A or 24B of the Magistrates' Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that the person would plead guilty if the offence were to proceed to trial, and

(c) proceeding as if—

(i) section 9(1) of that Act were complied with, and

(ii) the person pleaded guilty under it,

the court convicts the person of the offence.

(6) For the purposes of this section—

(a) “related offence” means an offence which, in the opinion of the court, is related to the offence, and

(b) one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.

Textual Amendments

F6 Words in s. 19(1)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(4)(a)

F7 Words in s. 19(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(4)(b)

F8 Word in s. 19(3)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(4)(c)

Commencement Information

I19 S. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal for sentence where offender committed in respect of another offence E+W

20 Committal in certain cases where offender committed in respect of another offence E+W

(1) This section applies where a magistrates' court (“the committing court”) commits an offender to the Crown Court under—

(a) sections 14 to 19 (committal for sentence for indictable offences),

(b) paragraph 5(4) of Schedule 2 (further offence committed by offender given conditional discharge order),

(c) paragraph 24(2) of Schedule 10 (committal to Crown Court where offender convicted of further offence while community order is in force),

(d) paragraph 11(2) of Schedule 16 (committal to Crown Court where offender commits further offence during operational period of suspended sentence order),

(e) section 43 of the Mental Health Act 1980 (power of magistrates' courts to commit for restriction order),

(f) section 6(6) or 9(3) of the Bail Act 1976 (committal to Crown Court for offences of absconding by person released on bail or agreeing to indemnify sureties in criminal proceedings), or

(g) the Vagrancy Act 1824 (incorrigible rogues),

to be sentenced or otherwise dealt with in respect of an offence (“the relevant offence”).

(2) Where—

(a) the relevant offence is an indictable offence, and

(b) the committing court has power to deal with the offender in respect of another offence,

the committing court may also commit the offender to the Crown Court to be dealt with in respect of the other offence in accordance with section 23.

(3) It is immaterial for the purposes of subsection (2) whether the court which convicted the offender of the other offence was the committing court or another court.

(4) Where the relevant offence is a summary offence, the committing court may commit the offender to the Crown Court to be dealt with, in accordance with section 23, in respect of—

(a) any other offence of which the committing court has convicted the offender which is punishable with—

(i) imprisonment, or

(ii) driving disqualification, or

(b) any suspended sentence in respect of which it falls to the committing court to deal with the offender by virtue of paragraph 11(1) of Schedule 16.

(5) For the purposes of subsection (4)(a) an offence is punishable with driving disqualification if the committing court has a power or duty to order the offender to be disqualified under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 (disqualification for certain motoring offences) in respect of it.

(6) A committal to the Crown Court under this section is to be in custody or on bail as the case may require.

Commencement Information

I20 S. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of Crown Court on committal for sentence E+W

21 Power of Crown Court on committal for sentence of offender under section 14, 15 or 18 E+W

(1) This section applies where an offender is committed by a magistrates' court for sentence under—

(a) section 14(2) (committal for sentence on summary trial of offence triable either way),

(b) section 15(2) (committal for sentence of dangerous adult offenders), or

(c) section 18(1) (committal for sentence on indication of guilty plea to offence triable either way).

(2) The Crown Court—

(a) must inquire into the circumstances of the case, and

(b) may deal with the offender in any way in which it could deal with the offender if the offender had been convicted of the offence on indictment before the court.

This is subject to subsections (4) and (5).

(3) Any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

(4) Subsection (5) applies where a magistrates' court—

(a) commits an offender under section 18(1) to be dealt with in respect of an offence (“the offence”), but

(b) does not make a statement under section 18(4) (statement of power to commit under section 14(2) or 15(2)).

(5) Unless the offender is convicted before the Crown Court of at least one of the offences for which the magistrates' court has sent the offender for trial (see section 18(1)(b))—

(a) subsection (2)(b) does not apply, and

(b) the Crown Court may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender for it.

(6) Section 20A(1) of the Magistrates' Courts Act 1980 (which relates to the effect of an indication of sentence under section 20 of that Act) does not apply in respect of a specified offence (see section 306)—

(a) in respect of which the offender is committed under section 15(2) (dangerous adult offenders), or

(b) in respect of which—

(i) the offender is committed under section 18(1) (guilty plea to offence triable either way), and

(ii) the court makes a statement under section 18(4) that, in its opinion, it also has power to commit the offender under section 15(2).

Commencement Information

I21 S. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 Power of Crown Court on committal for sentence of person under 18 under section 16, [F9 16A,] 17 or 19 E+W

(1) This section applies where an offender is committed by a magistrates' court for sentence under—

(a) section 16(2) (committal for sentence of young offenders on summary trial of certain serious offences),

[F10 (aa) section 16A(2) (committal for sentence of young offenders on summary trial of certain terrorist offences),]

(b) section 17(2) (committal for sentence of dangerous young offenders), or

(c) section 19(1) (committal for sentence on indication of guilty plea by child or young person with related offences).

(2) The Crown Court—

(a) must inquire into the circumstances of the case, and

(b) may deal with the offender in any way in which it could deal with the offender if the offender had been convicted of the offence on indictment before the court.

This is subject to subsections (4) and (5).

(3) Any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

(4) Subsection (5) applies where a magistrates' court—

(a) commits an offender under section 19(1) to be dealt with in respect of an offence (“the offence”), but

(b) does not make a statement under section 19(3) (statement of power to commit under section 16(2) [F11 , 16A(2)] or 17(2)).

(5) Unless the offender is convicted before the Crown Court of at least one of the offences for which the magistrates' court has sent the offender for trial (see section 19(1)(a))—

(a) subsection (2)(b) does not apply, and

(b) the Crown Court may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender for it.

Textual Amendments

F9 Word in s. 22 heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(5)(a)

F10 S. 22(1)(aa) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(5)(b)

F11 Word in s. 22(4)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(5)(c)

Commencement Information

I22 S. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

23 Power of Crown Court on committal for sentence under section 20 E+W

(1) Subsection (2) applies where under section 20(2) or (4)(a) (committal for sentence in certain cases where offender committed in respect of another offence) a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence.

(2) The Crown Court—

(a) must inquire into the circumstances of the case, and

(b) may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender (assuming it had convicted the offender of the offence).

(3) Subsection (4) applies where under section 20(4)(b) a magistrates' court commits a person to be dealt with by the Crown Court in respect of a suspended sentence.

(4) The powers under paragraphs 13 and 14 of Schedule 16 (power of court to deal with suspended sentence) are exercisable by the Crown Court.

(5) Subsection (6) applies where under section 20 a magistrates' court commits a person to be dealt with by the Crown Court.

(6) Without prejudice to subsections (1) to (4), any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

Commencement Information

I23 S. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further powers to commit to Crown Court for sentence E+W

24 Further powers to commit offender to the Crown Court to be dealt with E+W

(1) For other powers of a magistrates' court to commit an offender to the Crown Court to be dealt with for an offence, see—

(a) paragraph 22(2) and (4) of Schedule 7 (offender subject to youth rehabilitation order made by Crown Court convicted of further offence by magistrates' court);

(b) section 70 of the Proceeds of Crime Act 2002 (request by prosecution with a view to consideration of confiscation order under section 6 of that Act);

(c) section 43(1) of the Mental Health Act 1983 (power of magistrates' courts to commit for restriction order);

(d) section 6(6) of the Bail Act 1976 (offence of absconding by person released on bail);

(e) section 9(3) of that Act (offence of agreeing to indemnify sureties in criminal proceedings);

(f) the Vagrancy Act 1824 (incorrigible rogues).

(2) Nothing in subsection (1) is to be taken to limit any other power of a magistrates' court to commit an offender to the Crown Court.

Commencement Information

I24 S. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Remission to youth court or other magistrates' court for sentence

25 Power and duty to remit offenders aged under 18 to youth courts for sentence E+W

(1) This section applies where a person aged under 18 is convicted by or before a court (“the convicting court”) of an offence other than homicide.

(2) If the convicting court is the Crown Court, it must remit the offender to a youth court acting for the place where the sending court sat, unless satisfied that it would be undesirable to do so.

The “sending court” is the magistrates' court which sent the offender to the Crown Court for trial.

[F12 (2A) If—

(a) the convicting court is a magistrates’ court, and

(b) that court commits the offender to the Crown Court for sentence,

the Crown Court may remit the offender to a youth court acting for the place where the convicting court sat.]

(3) If the convicting court is a youth court, it may remit the offender to another youth court.

(4) If the convicting court is a magistrates' court other than a youth court—

(a) it may remit the offender to a youth court, and

(b) must do so unless subsection (5) applies.

(5) This subsection applies where the convicting court—

(a) would be required by section 85(1)(a) to make a referral order if it did not remit the offender to a youth court, or

(b) is of the opinion that the case is one which can properly be dealt with by means of—

(i) an order for absolute discharge or an order for conditional discharge,

(ii) a fine, or

(iii) an order (under section 376) requiring the offender's parent or guardian to enter into a recognizance to take proper care of, and exercise proper control over, the offender,

with or without any other order that the court has power to make when making an order for absolute discharge or an order for conditional discharge.

(6) For the purposes of subsection (5)(b)(iii)—

(a) “care” and “control” are to be read in accordance with section 376(3) (binding over of parent or guardian), and

(b) section 404 (certain references to parent or guardian to be read as references to local authority) does not apply.

(7) Any remission of an offender under subsection (3) or (4) must be to a youth court acting for—

(a) the same place as the remitting court, or

(b) the place where the offender habitually resides.

(8) Where an offender is remitted to a youth court under this section, that court may deal with the offender in any way in which it could deal with the offender if it had convicted the offender of the offence.

(9) A court which remits an offender to a youth court under this section must provide the designated officer for the youth court with a certificate which—

(a) sets out the nature of the offence, and

(b) states—

(i) that the offender has been convicted of the offence, and

(ii) that the offender has been remitted for the purpose of being dealt with under subsection (8).

(10) A document which purports—

(a) to be a copy of an order made by a court under this section, and

(b) to be certified as a true copy by the designated officer for the court,

is to be evidence of the order.

Textual Amendments

F12 S. 25(2A) inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 11(2), 51(1)

Commencement Information

I25 S. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F13 25A Power to remit adult offenders to magistrates’ courts for sentence E+W

(1) This section applies where a person aged 18 or over, or a person who is not an individual—

(a) has been convicted of an offence by a magistrates’ court and committed to the Crown Court for sentence, or

(b) has been convicted of an offence (other than an offence triable only on indictment) by the Crown Court following a plea of guilty.

(2) The Crown Court may remit the offender to a magistrates’ court for sentence.

(3) In deciding whether to exercise the power in subsection (2), the Crown Court must—

(a) take into account any other offence before the Crown Court that appears to the court to be related to that offence (whether the same, or a different, person is accused or has been convicted of the other offence), and

(b) have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 122 of the Coroners and Justice Act 2009.

(4) There is no right of appeal against an order under subsection (2).]

Textual Amendments

F13 S. 25A inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 11(3), 51(1)

26 Remission by Crown Court to youth court [F14 or other magistrates’ court]: custody or bail, and appeals E+W

(1) This section applies where the Crown Court remits an offender to a youth court under section 25 [F15 or a magistrates’ court under section 25A].

(2) The Crown Court may, subject to section 25 of the Criminal Justice and Public Order Act 1994 (restrictions on granting bail), give such directions as appear to be necessary—

(a) with respect to the custody of the offender, or

(b) for the offender's release on bail,

until the offender can appear or be brought before the youth court [F16 or magistrates’ court].

(3) The offender—

(a) has no right of appeal against the order of remission, but

(b) has the same right of appeal against an order of the youth court [F17 or magistrates’ court] as if convicted by that court.

Textual Amendments

F14 Words in s. 26 heading inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 14(a)

F15 Words in s. 26(1) inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 14(b)

F16 Words in s. 26(2) inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 14(c)

F17 Words in s. 26(3)(b) inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 14(d)

Commencement Information

I26 S. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

27 Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence E+W

(1) Subsection (2) applies where a person who appears or is brought before a youth court charged with an offence subsequently reaches the age of 18.

(2) The youth court may, at any time after conviction and before sentence, remit the offender for sentence to a magistrates' court other than a youth court (“the adult court”).

(3) Where an offender is remitted under subsection (2), the adult court may deal with the offender in any way in which it could deal with the offender if it had convicted the offender of the offence.

(4) Where an offender is remitted under subsection (2), section 25(4) (duty of adult magistrates' court to remit young offenders to youth court for sentence) does not apply to the adult court.

Commencement Information

I27 S. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

28 Power of magistrates' court to remit case to another magistrates' court for sentence E+W

(1) Subsection (2) applies where—

(a) a person aged 18 or over has been convicted by a magistrates' court (“the convicting court”) of a relevant offence (“the present offence”),

(b) it appears to the convicting court that some other magistrates' court (“the other court”) has convicted the offender of another relevant offence in respect of which the other court has not—

(i) passed sentence on the offender,

(ii) committed the offender to the Crown Court for sentence, nor

(iii) dealt with the offender in any other way, and

(c) the other court consents to the offender's being remitted to it under this section.

(2) The convicting court may remit the offender to the other court to be dealt with in respect of the present offence by the other court instead of by the convicting court.

(3) In subsection (1), “relevant offence”, in relation to the convicting court or the other court, means an offence which is punishable by that court with—

(a) imprisonment, or

(b) driving disqualification.

For this purpose, an offence is punishable by a court with driving disqualification if the court has a power or duty to order the offender to be disqualified under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 (disqualification for certain motoring offences) in respect of it.

(4) Where the convicting court remits the offender to the other court under this section the other court may deal with the offender in any way in which it could deal with the offender if it had convicted the offender of the present offence.

This is subject to subsection (7).

(5) The power conferred on the other court by subsection (4) includes, where applicable, the power to remit the offender under this section to another magistrates' court in respect of the present offence.

(6) Where the convicting court has remitted the offender under this section, the other court may remit the offender back to the convicting court; and where it does so subsections (4) and (5) (so far as applicable) apply with the necessary modifications.

(7) Nothing in this section prevents the convicting court from making a restitution order (see section 147) by virtue of the offender's conviction of the present offence.

(8) In this section “conviction” includes a finding under section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) that the person in question did the act or made the omission charged, and “convicted” is to be read accordingly.

Commencement Information

I28 S. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

29 Remission by magistrates' court: adjournment, remand and appeal E+W

(1) This section applies where a magistrates' court (“the remitting court”) remits an offender under section 25, 27 or 28 to another magistrates' court (“the other court”) to be dealt with in respect of an offence.

(2) The remitting court must adjourn proceedings in relation to the offence.

(3) Any remand enactment has effect, in relation to the remitting court's power or duty to remand the offender on that adjournment, as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the other court.

(4) In this section, “remand enactment” means section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) or any other enactment, whenever passed or made, relating to remand or the granting of bail in criminal proceedings; and for this purpose—

(a) “enactment” includes an enactment contained in any order, regulation or other instrument having effect by virtue of an Act, and

(b) “bail in criminal proceedings” has the same meaning as in the Bail Act 1976.

(5) The offender has no right of appeal against the order of remission.

This does not affect any right of appeal against an order made in respect of the offence by the other court.

Commencement Information

I29 S. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Procedure

CHAPTER 1 E+W Information and reports

Pre-sentence reports E+W

30 Pre-sentence report requirements E+W

(1) This section applies where, by virtue of any provision of this Code, the pre-sentence report requirements apply to a court in relation to forming an opinion.

(2) If the offender is aged 18 or over, the court must obtain and consider a pre-sentence report before forming the opinion unless, in the circumstances of the case, it considers that it is unnecessary to obtain a pre-sentence report.

(3) If the offender is aged under 18, the court must obtain and consider a pre-sentence report before forming the opinion unless—

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

(b) the court considers—

(i) in the circumstances of the case, and

(ii) having had regard to the information contained in that report or, if there is more than one, the most recent report,

that it is unnecessary to obtain a pre-sentence report.

(4) Where a court does not obtain and consider a pre-sentence report before forming an opinion in relation to which the pre-sentence report requirements apply, no custodial sentence or community sentence is invalidated by the fact that it did not do so.

Commencement Information

I30 S. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

31 Meaning of “pre-sentence report” etc E+W

“Pre-sentence report”

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

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

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

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

(a) where the offender is aged 18 or over, an officer of a provider of probation services;

(b) where the offender is aged under 18—

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

(ii) a social worker of a local authority, or

(iii) a member of a youth offending team.

(3) Rules under subsection (1)(b) are subject to the negative resolution procedure.

“Obtaining” a pre-sentence report

(4) Where by any provision of this Code, the court is required to obtain a pre-sentence report, it may accept a pre-sentence report given orally in open court.

But this is subject to—

(a) any rules made under subsection (1)(b), and

(b) subsection (5).

(5) A pre-sentence report must be in writing if it—

(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—

(i) section 230(2) (seriousness threshold for discretionary custodial sentence),

(ii) section 231(2) (determining term of custodial sentence),

(iii) section 255(1)(c) (determining risk of harm to public for purpose of extended sentence), or

(iv) section 258(1)(c) (determining risk of harm to public for purpose of required life sentence).

Modifications etc. (not altering text)

C1 S. 31(1) applied (with modifications) by 2006 c. 52, s. 257(2) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 57(a)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I31 S. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

32 Disclosure of pre-sentence reports E+W

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

Copy for offender and parent or guardian

(2) The court must give a copy of the report—

(a) to the offender or the offender's legal representative, and

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

(3) But if—

(a) the offender is aged under 18, and

(b) it appears to the court that the disclosure of any information contained in the report—

(i) to the offender, or

(ii) to a parent or guardian of the offender,

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.

For this purpose, “harm” has the same meaning as in section 31 of the Children Act 1989.

Copy for prosecutor

(4) The court must give a copy of the report to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.

(5) But a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for the prosecutor to be given it.

But this subsection does not apply if the prosecutor is of a description specified in regulations made by the Secretary of State.

(6) No information obtained by virtue of subsection (4) 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.

(7) Regulations under subsection (5) are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C2 S. 32(1)-(4) (6) applied by 2006 c. 52, s. 257(4) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 57(c)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)

Commencement Information

I32 S. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

33 Appeals: requirements relating to pre-sentence reports E+W

(1) Any court, on an appeal against a custodial sentence or a community sentence, must—

(a) subject to subsection (2) or (3), obtain a pre-sentence report if none was obtained by the court below, and

(b) consider any such report obtained by it or by the court below.

(2) If the offender is aged 18 or over, the court need not obtain a pre-sentence report if it considers—

(a) that the court below was justified in not obtaining a pre-sentence report, or

(b) that, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.

(3) If the offender is aged under 18, the court need not obtain a pre-sentence report if—

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

(b) the court considers, having had regard to the information contained in that report or, if there is more than one, the most recent report—

(i) that the court below was justified in not obtaining a pre-sentence report, or

(ii) that, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.

Commencement Information

I33 S. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Other reports of providers of probation services etc E+W

34 Disclosure of other reports E+W

(1) This section applies where—

(a) a report by—

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

(ii) 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) The court must give a copy of the report—

(a) to the offender or the offender's legal representative, and

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

(3) But if—

(a) the offender is aged under 18, and

(b) it appears to the court that the disclosure of any information contained in the report—

(i) to the offender, or

(ii) to a parent or guardian of the offender,

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.

For this purpose, “harm” has the same meaning as in section 31 of the Children Act 1989.

Commencement Information

I34 S. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Financial circumstances orders E+W

35 Powers to order statement as to offender's financial circumstances E+W

(1) In this Code, “financial circumstances order”, in relation to an individual, means an order requiring the individual to give the court, before the end of the period specified in the order, such a statement of the individual's assets and other financial circumstances as the court may require.

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

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

(4) Where—

(a) an individual aged under 18 has been convicted of an offence, and

(b) the court is considering whether to make an order under section 380 in respect of the individual's parent or guardian (power to order parent or guardian to pay fine, costs, compensation or surcharge),

the court may make a financial circumstances order with respect to the parent or (as the case may be) guardian.

Commencement Information

I35 S. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

36 Financial circumstances order: offences E+W

(1) It is an offence for an individual to fail without reasonable excuse to comply with a financial circumstances order.

(2) An individual who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) It is an offence for an individual, in furnishing any statement in pursuance of a financial circumstances order—

(a) to make a statement which the individual knows to be false in a material particular,

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

(c) knowingly to fail to disclose any material fact.

(4) An individual who is guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) Proceedings for an offence under subsection (3) may be commenced at any time which is both—

(a) within 2 years from the date of the offence, and

(b) within 6 months from its first discovery by the prosecutor.

This subsection has effect despite anything in section 127(1) of the Magistrates' Courts Act 1980 (limitation of time).

Commencement Information

I36 S. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Other powers to obtain reports etc E+W

37 Reports and information: other powers of court E+W

(1) For other powers and duties of a court in relation to obtaining information or a report before passing sentence, see—

(a) section 232 (medical report before passing certain custodial sentence in case of offender suffering from mental disorder);

(b) section 48(3) of the Children and Young Persons Act 1933 (power of youth court to remand for purpose of enabling information to be obtained with respect to offender aged under 18);

(c) section 10(3) of the Magistrates' Courts Act 1980 (adjournment by magistrates' court for purpose of enabling enquiries);

(d) section 35 of the Mental Health Act 1983 (remand to hospital for a report on the person's mental condition).

(2) See also section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand by magistrates' court for medical examination) where a magistrates' court is considering whether to make an order under section 37(3) of the Mental Health Act 1983 (hospital admission or guardianship).

Commencement Information

I37 S. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W+S Derogatory assertion orders

38 Derogatory assertion order and restriction on reporting of assertions E+W+S

(1) While a derogatory assertion order or interim derogatory assertion order has effect in relation to an assertion, the assertion must not—

(a) be published in Great Britain in a written publication available to the public, or

(b) be included in a relevant programme for reception in Great Britain.

(2) In this Chapter—

• “derogatory assertion order” means an order made under subsection (3) of section 39 in relation to an assertion to which that section applies;

• “interim derogatory assertion order” means an order made under subsection (4) of section 39 in relation to an assertion to which that section applies.

Commencement Information

I38 S. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

39 Order in respect of certain assertions E+W

(1) This section applies to an assertion that forms part of a speech in mitigation made by or on behalf of an offender before—

(a) a court determining what sentence should be passed on the offender in respect of an offence, or

(b) a magistrates' court determining whether the offender should be committed to the Crown Court for sentence.

(2) This section also applies to an assertion that forms part of a submission relating to a sentence which is made by or on behalf of the offender before—

(a) a court hearing an appeal against or reviewing the sentence, or

(b) a court determining whether to grant leave to appeal against the sentence.

(3) The court may make a derogatory assertion order in relation to an assertion to which this section applies where there are substantial grounds for believing—

(a) that the assertion is derogatory to a person's character (for instance, because it suggests that the person's conduct is or has been criminal, immoral or improper), and

(b) that the assertion is false or that the facts asserted are irrelevant to the sentence.

(4) Where it appears to the court that there is a real possibility that a derogatory assertion order will be made in relation to an assertion, the court may make an interim derogatory assertion order in relation to it (see subsection (8)).

(5) No derogatory assertion order or interim derogatory assertion order may be made in relation to an assertion which it appears to the court was previously made—

(a) at the trial at which the offender was convicted of the offence, or

(b) during any other proceedings relating to the offence.

(6) Section 38(1) has effect where a court makes a derogatory assertion order or an interim derogatory assertion order.

(7) A derogatory assertion order—

(a) may be made after the court has made the relevant determination, but only if it is made as soon as is reasonably practicable after the determination has been made;

(b) subject to subsection (10), ceases to have effect at the end of the period of 12 months beginning with the day on which it is made;

(c) may be made whether or not an interim derogatory assertion order has been made with regard to the case concerned.

(8) An interim derogatory assertion order—

(a) may be made at any time before the court makes the relevant determination, and

(b) subject to subsection (10), ceases to have effect when the court makes the relevant determination.

(9) For the purposes of subsections (7) and (8) “relevant determination” means the determination of—

(a) the sentence (where this section applies by virtue of subsection (1)(a));

(b) whether the offender should be committed to the Crown Court for sentence (where this section applies by virtue of subsection (1)(b));

(c) what the sentence should be (where this section applies by virtue of subsection (2)(a));

(d) whether to grant leave to appeal (where this section applies by virtue of subsection (2)(b)).

(10) A derogatory assertion order or interim derogatory assertion order may be revoked at any time by the court which made it.

Commencement Information

I39 S. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

40 Reporting of assertions: offences E+W+S

(1) If an assertion is published or included in a relevant programme in contravention of section 38, each of the following persons is guilty of an offence—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) in the case of publication in any other form, the person publishing the assertion;

(c) in the case of an assertion included in a relevant programme, any body corporate engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(2) A person guilty of an offence under this section is liable on summary conviction to—

(a) in England and Wales, a fine;

(b) in Scotland, a fine of an amount not exceeding level 5 on the standard scale.

(3) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence the person—

(a) was not aware, and neither suspected nor had reason to suspect, that a derogatory assertion order or interim derogatory assertion order had effect at that time, or

(b) was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or (as the case may be) included, the assertion in question.

(4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In relation to a body corporate whose affairs are managed by its members, “director” in subsection (4) means a member of the body corporate.

Commencement Information

I40 S. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

41 Reporting of assertions: supplementary E+W+S

(1) In sections 38 and 40—

• “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;

• “written publication” includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

(2) For the purposes of sections 38 and 40 an assertion is published or included in a programme if the material published or included—

(a) names the person about whom the assertion is made or, without naming the person, contains enough to make it likely that members of the public will identify that person as the person about whom it is made, and

(b) reproduces the actual wording of the matter asserted or contains its substance.

(3) Nothing in section 38 or 39 affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

Commencement Information

I41 S. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Surcharge

42 Court's duty to order payment of surcharge E+W

(1) A court when dealing with an offender for one or more offences committed on or after 1 April 2007 must also order the offender to pay a surcharge.

This is subject to subsections (2) to (4).

(2) Subsection (1)—

(a) does not apply in such cases as may be prescribed by regulations made by the Secretary of State, and

(b) is subject to section 15 of the Proceeds of Crime Act 2002 (effect on duty in subsection (1) when proceedings on confiscation order are postponed).

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

(a) that it would be appropriate to make one or more of—

(i) a compensation order,

(ii) an unlawful profit order, and

(iii) a slavery and trafficking reparation order, but

(b) that the offender has insufficient means to pay both the surcharge and 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).

But see section 13(4) of the Proceeds of Crime Act 2002 (court not to take confiscation order into account.)

(4) Where an offender aged under 18 is convicted of an offence and, but for this subsection, a court would order the offender to pay a surcharge—

(a) section 380 (orders for payment by parent or guardian) applies to the surcharge, and

(b) for the purposes of any order under that section in respect of the surcharge, subsection (3)(b) of this section is to be read as if the reference to the offender's means were to the means of the offender's parent or guardian.

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

(a) discharges the person absolutely, or

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

(6) In this section—

• “slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;

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

(7) Regulations under subsection (2) are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C3 S. 42(1) excluded by S.I. 2012/1696, art. 2 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 405 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I42 S. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

43 Amount of surcharge E+W

(1) The surcharge payable under section 42 is such amount as the Secretary of State may specify by regulations.

(2) Regulations 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.

(3) Regulations under this section are subject to the negative resolution procedure.

Commencement Information

I43 S. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 4 E+W Criminal courts charge

44 Criminal courts charge duty where court dealing with offender for offence E+W

Where the Crown Court or a magistrates' court deals with an offender for an offence, the criminal courts charge duty applies to the court (see section 46).

Commencement Information

I44 S. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

45 Other occasions where criminal courts charge duty arises E+W

For other occasions where the criminal courts charge duty applies to a court, see—

(a) section 52A of the Senior Courts Act 1981 (dismissal of appeal by Crown Court);

(b) section 30B of the Criminal Appeal Act 1968 (dismissal of appeal by Court of Appeal);

(c) section 256AC of the Criminal Justice Act 2003 (breach of supervision requirements imposed on release);

(d) paragraph 10(6) of Schedule 10 (magistrates' court dealing with offender for breach of requirement of community order);

(e) paragraph 11(3) of that Schedule (Crown Court dealing with offender for breach of community order);

(f) paragraph 13(2) of Schedule 16 (magistrates' court or Crown Court dealing with offender for breach of community requirement of suspended sentence order).

Commencement Information

I45 S. 45 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

46 Criminal courts charge duty E+W

(1) Where the criminal courts charge duty applies to a court in relation to an offender, the court must order the offender to pay a charge in respect of relevant court costs, unless—

(a) the offender was aged under 18 when the offence was committed,

(b) the offence was committed before 13 April 2015, or

(c) the case is, or is of a class, prescribed by the Lord Chancellor by regulations.

But this is subject to section 15(2) of the Proceeds of Crime Act 2002 (effect on duty when proceedings on confiscation order are postponed).

(2) In this section—

• “court costs” means costs of providing the judiciary and the rest of the system of courts, but does not include defence or prosecution costs;

• “relevant court costs” means court costs incurred in connection with—

  (a)

  criminal proceedings, or

  (b)

  proceedings for a relevant failure,

  but does not include costs of providing the Supreme Court or judges of that Court;

• “relevant failure” means a failure to comply with—

  (a)

  a requirement of a community order,

  (b)

  a community requirement of a suspended sentence order, or

  (c)

  a supervision requirement imposed under section 256AA of the Criminal Justice Act 2003.

(3) In this Code, “criminal courts charge order” means an order under subsection (1).

Commencement Information

I46 S. 46 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

47 Court to disregard criminal courts charge duty in dealing with offender E+W

(1) This section applies where the criminal courts charge duty applies to a court in dealing with an offender for—

(a) an offence, or

(b) a failure to comply with a requirement.

(2) In dealing with the offender (other than under the duty) for the offence or failure, the court must not take into account—

(a) the criminal courts charge duty, or

(b) any criminal courts charge order.

Commencement Information

I47 S. 47 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

48 Amount of criminal courts charge E+W

(1) A charge ordered to be paid by a criminal courts charge order must be of an amount specified by the Lord Chancellor by regulations.

(2) When specifying amounts under this section, the Lord Chancellor must seek to secure that an amount specified in respect of a class of case does not exceed the relevant court costs reasonably attributable to a case of that class.

(3) In this section “relevant court costs” has the same meaning as in section 46.

Commencement Information

I48 S. 48 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

49 Interest on criminal courts charge E+W

(1) The Lord Chancellor may by regulations provide that a person who is ordered by a criminal courts charge order to pay a charge must pay interest on the charge so far as it remains unpaid.

(2) The regulations may, in particular—

(a) make provision about the rate of interest,

(b) make provision about periods when interest is or is not payable, and

(c) make provision by reference to a measure or document as amended from time to time.

(3) The regulations may not make provision for a rate of interest that is higher than the rate that the Lord Chancellor considers would maintain the value in real terms of amounts that remain unpaid.

(4) An amount of interest payable under the regulations is to be treated as part of the charge ordered to be paid by the criminal courts charge order.

Commencement Information

I49 S. 49 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

50 Power of magistrates' court to remit criminal courts charge E+W

(1) This section applies where a court has made a criminal courts charge order against a person.

(2) A magistrates' court may remit the whole or part of the criminal courts charge, but this is subject to subsections (3) to (5).

(3) It may remit the charge only if—

(a) it is satisfied that the person has taken all reasonable steps to pay it, having regard to the person's personal circumstances, or

(b) it is satisfied that collection and enforcement of the charge is impracticable.

(4) It may not remit the charge at a time when the person is detained in prison.

(5) It may not remit the charge unless each of the following has expired—

(a) a specified period beginning with the day on which a criminal courts charge order was last made in respect of the person;

(b) a specified period beginning with the day on which the person was last convicted of an offence;

(c) where relevant, a specified period beginning with the day on which the person was last released from prison.

(6) Where a court remits a criminal courts charge after an order has been made under section 300(2) of the Criminal Justice Act 2003 (power to impose unpaid work requirement etc on fine defaulter) for default in paying the charge (or the charge and other amounts), the court must—

(a) reduce the total number of hours or days to which the order relates by the same proportion as the amount remitted bears to the total amount in respect of which the order was made, or

(b) if the total number of hours or days would be reduced to nil under paragraph (a), revoke the order.

(7) In calculating a reduction required by subsection (6), any fraction of an hour or day is to be rounded down to the nearest hour or day.

(8) In this section—

• “criminal courts charge” means the charge ordered to be paid by a criminal courts charge order;

• “prison” includes any place where a person serving a sentence of detention for an offence is liable to be detained;

• “specified period” means a period of a length specified by the Lord Chancellor by regulations.

Commencement Information

I50 S. 50 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

51 Regulations under Chapter E+W

(1) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the powers to make regulations conferred by this Chapter.

(2) Regulations under this Chapter are subject to the negative resolution procedure.

Commencement Information

I51 S. 51 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 5 E+W Duties to explain or give reasons

52 Duty to give reasons for and to explain effect of sentence E+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 (9) are particular duties of the court in complying with the duty in subsection (2).

Sentencing guidelines

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

(a) explain how the court discharged any duty imposed on it by section 59 or 60 (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 mentioned in section 73(2) (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.

Offender aged under 18

(8) If the court imposes a youth rehabilitation order with supervision and surveillance, or a youth rehabilitation order with fostering, it must state why it is of the opinion mentioned in each of—

(a) section 179(2), and

(b) paragraph (a) and, if applicable, paragraph (b) of section 180(2).

(9) If—

(a) the offender is aged under 18, and

(b) the court imposes a sentence that may only be imposed in the offender's case if the court is of the opinion mentioned in section 230(2) (discretionary custodial sentence),

the court must state why it is of that opinion.

Commencement Information

I52 S. 52 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

53 Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian E+W

(1) Where an offender aged under 16 is convicted of an offence, for the duty of the court to make a statement in certain circumstances—

(a) if it does not make a parenting order under section 366 in respect of a parent or guardian of the offender, see subsection (3)(b) of that section;

(b) if it—

(i) makes a criminal behaviour order in respect of the offender, and

(ii) does not make a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 in respect of a parent or guardian of the offender,

see section 9(1B) of that Act;

(c) if it does not make an order under section 376 (binding over of parent or guardian), see subsection (4)(b) of that section.

(2) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this section.

Commencement Information

I53 S. 53 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

54 Duty to give reasons where reparation order not made E+W

Where—

(a) a court is dealing with an offender for an offence, and

(b) a reparation order is available,

the court must give reasons if it does not make a reparation order.

Commencement Information

I54 S. 54 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

55 Duty to give reasons where compensation order not made E+W

Where—

(a) a court is dealing with an offender for an offence, and

(b) a compensation order is available,

the court must give reasons if it does not make a compensation order.

Commencement Information

I55 S. 55 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

56 Other duties of court to give reasons where certain orders not made E+W

(1) For other duties of the court dealing with an offender for an offence to give reasons, in certain circumstances, for a decision not to make an order, see—

Duty to give reasons	Type of order	Type of offence
Criminal Justice and Police Act 2001
section 33(2)(c)	travel restriction order under section 33	sentence of imprisonment for certain drug-trafficking offences
Animal Welfare Act 2006
section 33(6)	order under section 33 (deprivation)	certain offences under that Act
section 34(8)	order under section 34 (disqualification)	certain offences under that Act
Football Spectators Act 1989
section 14A(3)	banning order under Part 2	relevant offence within the meaning of that Part
Prevention of Social Housing Fraud Act 2013
section 4(4)	unlawful profit order under section 4	offence under section 1 or 2
Modern Slavery Act 2015
section 8(7)(b)	slavery and trafficking reparation order	offence under section 1, 2 or 4

(2) Nothing in this section is to be taken to affect—

(a) any power to make an order mentioned in the table in subsection (1), or

(b) any requirement to give reasons for a decision not to exercise any power to make an order not mentioned in the table.

Commencement Information

I56 S. 56 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Exercise of court's discretion

CHAPTER 1 E+W Purposes of sentencing

57 Purposes of sentencing: adults E+W

(1) This section applies where—

(a) a court is dealing with an offender for an offence, and

(b) the offender is aged 18 or over when convicted.

(2) The court 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.

(3) Subsection (1) does not apply—

(a) to an offence in relation to which a mandatory sentence requirement applies (see section 399), or

(b) in relation to making any of the following under Part 3 of the Mental Health Act 1983—

(i) a hospital order (with or without a restriction order),

(ii) an interim hospital order,

(iii) a hospital direction, or

(iv) a limitation direction.

Commencement Information

I57 S. 57 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

58 Offenders aged under 18: considerations of court not affected by Code E+W

Nothing in this Code affects the duties of the court—

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

(b) under section 44 of the Children and Young Persons Act 1933 (to have regard to welfare and in certain cases to take steps in relation to surroundings and provision of education etc).

Commencement Information

I58 S. 58 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Sentencing guidelines

59 Sentencing guidelines: general duty of court E+W

(1) Every court—

(a) must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender's case, and

(b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,

unless the court is satisfied that it would be contrary to the interests of justice to do so.

(2) The duty imposed by subsection (1) is subject to—

(a) section 125(1) (fine must reflect seriousness of offence);

(b) section 179(2) (restriction on youth rehabilitation order);

(c) section 186(3) and (6) (restrictions on choice of requirements of youth rehabilitation order);

(d) section 204(2) (restriction on community order);

(e) section 208(3) and (6) (restrictions on choice of requirements of community order);

(f) section 230 (threshold for imposing discretionary custodial sentence);

(g) section 231 (custodial sentence must be for shortest term commensurate with seriousness of offence);

[F18 (ga) sections 268B and 282B (requirement to impose serious terrorism sentence);]

(h) sections 273 and 283 (life sentence for second listed offence for certain dangerous offenders);

(i) section 321 and Schedule 21 (determination of minimum term in relation to mandatory life sentence);

(j) the provisions mentioned in section 399(c) (mandatory minimum sentences).

(3) Nothing in this section or section 60 or 61 is to be taken as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with an offender suffering from a mental disorder in the manner it considers to be most appropriate in all the circumstances.

Textual Amendments

F18 S. 59(2)(ga) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(3)

Commencement Information

I59 S. 59 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

60 Sentencing guidelines: determination of sentence E+W

(1) This section applies where—

(a) a court is deciding what sentence to impose on an offender for an offence, and

(b) offence-specific guidelines have been issued in relation to the offence.

(2) The principal guidelines duty includes a duty to impose on the offender, in accordance with the offence-specific guidelines, a sentence which is within the offence range.

(3) Subsection (2) is subject to—

(a) section 73 (reduction in sentences for guilty pleas),

(b) sections 74, 387 and 388 (assistance by offenders: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered to be given) by the offender to the prosecutor or investigator of an offence, and

(c) any rule of law as to the totality of sentences.

(4) If the offence-specific guidelines describe different seriousness categories—

(a) the principal guidelines duty also includes a duty to decide which of the categories most resembles the offender's case in order to identify the sentencing starting point in the offence range, but

(b) nothing in this section imposes on the court a separate duty to impose a sentence which is within the category range.

(5) Subsection (4) does not apply if the court is of the opinion that, for the purpose of identifying the sentence within the offence range which is the appropriate starting point, none of the categories sufficiently resembles the offender's case.

(6) Subsections (2) and (4) (except as applied by section 61) are subject to any power a court has to impose an extended sentence.

Commencement Information

I60 S. 60 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

61 Sentencing guidelines: extended sentences [F19 , serious terrorism sentences] and life sentences E+W

Extended sentence: determination of appropriate custodial term

(1) Subsection (2) applies where a court is considering whether to impose an extended sentence for an offence.

(2) In determining the appropriate custodial term for the purposes of section 256(2), 268(2) or 281(2) (extended sentence for certain violent, sexual or terrorism offences), section 60 applies to the court as it applies to a court in determining the sentence for an offence.

[F20 Serious terrorism sentence: determination of appropriate custodial term

(2A) Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.

(2B) In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.]

Life sentence for second listed offence: determination of sentence condition

(3) Subsection (4) applies where a court is considering whether to impose a sentence under section 273 or 283 (life sentence for second listed offence) for an offence.

(4) In determining, for the purpose of deciding whether the sentence condition in section 273(4) or 283(4) is met, the sentence that it would have passed as mentioned in that condition, section 60 applies to the court as it applies to a court in determining the sentence for an offence.

Notional determinate term for non-fixed life sentence

(5) Subsection (6) applies where a court imposes a non-fixed life sentence for an offence.

(6) Section 60 applies to the court in determining [F21 the notional determinate sentence within the meaning of] section 323 (minimum term order for non-fixed life sentence).

F22 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section “non-fixed life sentence” means—

(a) a sentence of imprisonment for life (other than a sentence fixed by law),

(b) a sentence of detention for life under section 250, or

(c) a sentence of custody for life under section 272.

Textual Amendments

F19 Words in s. 61 heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(4)(a)

F20 S. 61(2A)(2B) and heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(4)(b)

F21 Words in s. 61(6) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(a)(i), 208(1); S.I. 2022/520, reg. 5(n)

F22 S. 61(7) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(a)(ii), 208(1); S.I. 2022/520, reg. 5(n)

Commencement Information

I61 S. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

62 Sentencing guidelines duties: interpretation E+W

(1) In this Chapter—

• “mental disorder”, in relation to a person, has the same meaning as in the Mental Health Act 1983;

• “the principal guidelines duty” means the duty, imposed by section 59(1)(a), of a court, in sentencing an offender, to follow any sentencing guidelines which are relevant to the offender's case;

• “offence-specific guidelines” means any sentencing guidelines issued in relation to a particular offence which are structured in the way described in section 121(2) to (5) of the Coroners and Justice Act 2009 (and “the offence-specific guidelines”, in relation to an offence, means, if any such guidelines have been issued in relation to the offence, those guidelines);

• “the sentencing starting point”, in relation to the offence range, has the meaning given by section 121(10) of the Coroners and Justice Act 2009.

(2) For the purposes of this Chapter—

(a) references to the following are to be read in accordance with section 121 of the Coroners and Justice Act 2009 (sentencing ranges)—

• the offence range;

• the category range;

• the starting point;

• the appropriate starting point;

(b) offence-specific guidelines describe different seriousness categories if they describe different categories of case in accordance with subsection (2) of that section.

Commencement Information

I62 S. 62 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Seriousness and determining sentence

Generally E+W

63 Assessing seriousness E+W

Where a court is considering the seriousness of any offence, it must consider—

(a) the offender's culpability in committing the offence, and

(b) any harm which the offence—

(i) caused,

(ii) was intended to cause, or

(iii) might foreseeably have caused.

Commencement Information

I63 S. 63 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aggravating factors E+W

64 Offence committed on bail E+W

In considering the seriousness of an offence committed while the offender was on bail, the court must—

(a) treat the fact that it was committed in those circumstances as an aggravating factor, and

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

Modifications etc. (not altering text)

C4 S. 64 modified by S.I. 2009/1042, reg. 9A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 398 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I64 S. 64 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

65 Previous convictions E+W

(1) This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions.

(2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to—

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

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

(3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated.

(4) In subsections (1) to (3) “relevant previous conviction” means—

(a) a previous conviction by a court in the United Kingdom, [F23 or]

F24 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a previous conviction of a service offence (see subsection (5)), F25 ...

F25 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26 (4A) If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes—

(a) a previous conviction of a relevant offence under the law of a member State by a court in that State, and

(b) a finding of guilt in respect of a member State service offence (see subsection (6)).]

(5) In subsection (4)(c) (previous convictions of service offences)—

(a) “conviction” includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction (which relates to summary hearings and the Summary Appeal Court);

(b) “service offence” means—

(i) a service offence within the meaning of the Armed Forces Act 2006, or

(ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);

(c) the previous convictions referred to are to be taken to include a previous finding of guilt in—

(i) proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or

(ii) proceedings before a Standing Civilian Court established under section 6 of the Armed Forces Act 1976.

(6) In subsection [F27 (4A)(b)] “member State service offence” means an offence which—

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

(b) 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 offender for the current offence,

and, for this purpose—

• “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

• “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.

(7) For the purposes of this section, 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 offender for the current offence.

Textual Amendments

F23 Word in s. 65(4)(a) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 86(2)(a) (with Sch. 27)

F24 S. 65(4)(b) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 86(2)(b) (with Sch. 27)

F25 S. 65(4)(d) and word omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 86(2)(c) (with Sch. 27)

F26 S. 65(4A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 86(3) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(2))

F27 Word in s. 65(6) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 86(3A) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(2))

Commencement Information

I65 S. 65 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

66 Hostility E+W

(1) This section applies where a court is considering the seriousness of an offence which is aggravated by—

(a) racial hostility,

(b) religious hostility,

(c) hostility related to disability,

(d) hostility related to sexual orientation, or

(e) hostility related to transgender identity.

This is subject to subsection (3).

(2) The court—

(a) must treat the fact that the offence is aggravated by hostility of any of those types as an aggravating factor, and

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

(3) So far as it relates to racial and religious hostility, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated offences).

(4) For the purposes of this section, an offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if—

(a) 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 victim's membership (or presumed membership) of a racial group,

(ii) the victim's membership (or presumed membership) of a religious group,

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

(iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be)

(v) the victim being (or being presumed to be) transgender, or

(b) the offence was motivated (wholly or partly) by—

(i) hostility towards members of a racial group based on their membership of that group,

(ii) hostility towards members of a religious group based on their membership of that group,

(iii) hostility towards persons who have a disability or a particular disability,

(iv) hostility towards persons who are of a particular sexual orientation, or (as the case may be)

(v) hostility towards persons who are transgender.

(5) For the purposes of paragraphs (a) and (b) of subsection (4), it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(6) In this section—

(a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins;

(b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief;

(c) “membership” in relation to a racial or religious group, includes association with members of that group;

(d) “disability” means any physical or mental impairment;

(e) 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;

(f) “presumed” means presumed by the offender.

Commencement Information

I66 S. 66 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

67 Assaults on emergency workers E+W

(1) This section applies where a court is considering the seriousness of an offence listed in subsection (3).

(2) If the offence was committed against an emergency worker acting in the exercise of functions as such a worker, the court—

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

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

(3) The offences referred to in subsection (1) are—

(a) an offence under any of the following provisions of the Offences against the Person Act 1861—

(i) section 16 (threats to kill);

(ii) section 18 (wounding with intent to cause grievous bodily harm);

(iii) section 20 (malicious wounding);

(iv) section 23 (administering poison etc);

(v) section 28 (causing bodily injury by explosives);

(vi) section 29 (using explosives etc with intent to do grievous bodily harm);

(vii) section 47 (assault occasioning actual bodily harm);

[F28 (aa) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);]

(b) an offence under section 3 of the Sexual Offences Act 2003 (sexual assault);

(c) manslaughter;

(d) kidnapping;

(e) an inchoate offence in relation to any of the preceding offences.

(4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(5) In this section, “emergency worker” has the meaning given by section 68.

(6) Nothing in this section prevents a court from treating the fact that an offence was committed against an emergency worker acting in the exercise of functions as such as an aggravating factor in relation to offences not listed in subsection (3).

Textual Amendments

F28 S. 67(3)(aa) inserted (7.6.2022) by Domestic Abuse Act 2021 (c. 17), s. 90(6), Sch. 2 para. 12(2); S.I. 2022/553, regs. 1(2), 3(b)

Commencement Information

I67 S. 67 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

68 Emergency workers for the purposes of section 67 E+W

(1) In section 67, “emergency worker” means—

(a) a constable;

(b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;

(c) a National Crime Agency officer;

(d) a prison officer;

(e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;

(f) a prisoner custody officer, so far as relating to the exercise of escort functions;

(g) a custody officer, so far as relating to the exercise of escort functions;

(h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;

(i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);

(j) a person employed for the purposes of providing, or engaged to provide—

(i) NHS health services, or

(ii) services in the support of the provision of NHS health services,

and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.

(2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid.

(3) In this section—

• “custodial institution” means any of the following—

  (a)

  a prison;

  (b)

  a young offender institution, secure training centre or secure college;

  (c)

  a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999;

  (d)

  services custody premises, as defined by section 300(7) of the Armed Forces Act 2006;

• “custody officer” has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994;

• “escort functions”—

  (a)

  in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991;

  (b)

  in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994;

• “NHS health services” means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006;

• “prisoner custody officer” has the meaning given by section 89(1) of the Criminal Justice Act 1991.

Commencement Information

I68 S. 68 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F29 68A Assaults on those providing a public service etc E+W

(1) This section applies where—

(a) a court is considering the seriousness of an offence listed in subsection (3), and

(b) the offence is not aggravated under section 67(2).

(2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court—

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

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

(3) The offences referred to in subsection (1) are—

(a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies;

(b) an offence under any of the following provisions of the Offences against the Person Act 1861—

(i) section 16 (threats to kill);

(ii) section 18 (wounding with intent to cause grievous bodily harm);

(iii) section 20 (malicious wounding);

(iv) section 47 (assault occasioning actual bodily harm);

(c) an inchoate offence in relation to any of the preceding offences.

(4) In this section—

(a) a reference to providing services to the public includes a reference to providing goods or facilities to the public;

(b) a reference to the public includes a reference to a section of the public.

(5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3).

(6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.]

Textual Amendments

F29 S. 68A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 156, 208(1); S.I. 2022/520, reg. 5(s)

69 Terrorist connection E+W

(1) This section applies where a court is considering the seriousness of an offence [F30 specified in Schedule 1 (offences where terrorist connection to be considered)] [F30 within subsection (4) or (5)].

(2) If the offence has a terrorist connection, the court—

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

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

(3) For the purposes of this section, an offence has a terrorist connection if the offence—

(a) is, or takes place in the course of, an act of terrorism, or

(b) is committed for the purposes of terrorism.

For this purpose, “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

[F31 (4) An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) is punishable on indictment with imprisonment for more than 2 years, and

(c) is not specified in Schedule A1.

(5) An offence is within this subsection if it—

(a) was committed before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and

(b) is specified in Schedule 1.

(6) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (4) and (5) to have been committed on the last of those days.]

Textual Amendments

F30 Words in s. 69(1) substituted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 1(2)(a), 50(2)(a)(3)(a)

F31 S. 69(4)-(6) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 1(2)(b), 50(2)(a)(3)(a)

Modifications etc. (not altering text)

C5 S. 69 modified by 2006 c. 52, s. 238(6) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 53 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I69 S. 69 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F32 69A Offences where foreign power condition met E+W

(1) This section applies where a court is considering the seriousness of an offence that—

(a) is committed on or after the day on which section 19 of the National Security Act 2023 comes into force, and

(b) is not an offence listed in subsection (2).

(2) Those offences are—

(a) an offence under the National Security Act 2023 or an inchoate offence (see section 398) in relation to any such offence;

(b) a relevant electoral offence within the meaning given by section 16 of that Act (foreign interference in elections).

(3) Where the foreign power condition is met in relation to the conduct that constitutes the offence, the court—

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

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

(4) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the first of those days.

(5) Section 31 of the National Security Act 2023 (meaning of foreign power condition) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.]

Textual Amendments

F32 S. 69A inserted (20.12.2023) by National Security Act 2023 (c. 32), ss. 19(2), 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a)

Modifications etc. (not altering text)

C6 S. 69A modified (20.12.2023) by 2006 c. 52, s. 238(7) (as inserted by National Security Act 2023 (c. 32), ss. 22, 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a))

70 Using minor to mind weapon E+W

(1) This section applies where—

(a) a court is considering the seriousness of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), and

(b) when the offence was committed—

(i) the offender was aged 18 or over, and

(ii) the person used to look after, hide or transport the weapon in question (“the person used”) was not.

(2) The court—

(a) must treat the fact that the person used was under the age of 18 when the offence was committed as an aggravating factor, and

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

(3) Subsection (4) applies where the offence is found to have involved the person used's having possession of a weapon, or being able to make it available—

(a) over a period of two or more days, or

(b) at some time during a period of two or more days.

(4) If, on a day during that period, sub-paragraphs (i) and (ii) of subsection (1)(b) were both satisfied, they are to be treated as both being satisfied when the offence was committed.

Commencement Information

I70 S. 70 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

71 Supply of controlled drug near school premises or involving child E+W

(1) This section applies where—

(a) a court is considering the seriousness of an offence under section 4(3) of the Misuse of Drugs Act 1971 (supplying controlled drug etc), and

(b) the offender was aged 18 or over when the offence was committed.

(2) If condition A or B is met, the court—

(a) must treat the fact that the condition is met as an aggravating factor, and

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

(3) Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.

(4) For the purposes of subsection (3)—

• “relevant time”, in relation to school premises, is—

  (a)

  any time when the school premises are in use by persons under the age of 18;

  (b)

  one hour before the start and one hour after the end of any such time;

• “school” has the same meaning as it has in section 4A of the Misuse of Drugs Act 1971;

• “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school.

(5) Condition B is that in connection with the commission of the offence the offender used a courier who, when the offence was committed, was aged under 18.

(6) For the purposes of subsection (5), a person uses a courier in connection with an offence under section 4(3) of the Misuse of Drugs Act 1971 if the person causes or permits another person (“the courier”)—

(a) to deliver a controlled drug to a third person, or

(b) to deliver a drug-related consideration to the person or a third person.

(7) For the purposes of subsection (6), a drug-related consideration is a consideration of any description which—

(a) is obtained in connection with the supply of a controlled drug, or

(b) is intended to be used in connection with obtaining a controlled drug.

(8) In this section, “controlled drug” and “supply” have the same meanings as in the Misuse of Drugs Act 1971.

Commencement Information

I71 S. 71 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

72 Supply of psychoactive substance in certain circumstances E+W

(1) This section applies where—

(a) a court is considering the seriousness of an offence under section 5 of the Psychoactive Substances Act 2016 (supplying psychoactive substance etc), and

(b) the offender was aged 18 or over when the offence was committed.

(2) If condition A, B or C is met the court—

(a) must treat the fact that the condition is met as an aggravating factor, and

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

(3) Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.

(4) For the purposes of subsection (3)—

• “relevant time”, in relation to school premises, means—

  (a)

  any time when the school premises are in use by persons under the age of 18;

  (b)

  one hour before the start and one hour after the end of any such time;

• “school” has the same meaning as in section 6 of the Psychoactive Substances Act 2016;

• “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school.

(5) Condition B is that, in connection with the offence, the offender used a courier who, when the offence was committed, was aged under 18.

(6) For the purposes of subsection (5), a person uses a courier in connection with an offence under section 5 of the Psychoactive Substances Act 2016 if the person causes or permits another person (“the courier”)—

(a) to deliver a substance to a third person, or

(b) to deliver a drug-related consideration to the person or a third person.

(7) For the purposes of subsection (6), a drug-related consideration is a consideration of any description which—

(a) is obtained in connection with the supply of a psychoactive substance, or

(b) is intended to be used in connection with obtaining a psychoactive substance.

(8) Condition C is that the offence was committed in a custodial institution.

(9) For the purposes of subsection (8), “custodial institution” means any of the following—

(a) a prison;

(b) a young offender institution, secure training centre or secure college;

(c) a removal centre, short-term holding facility or pre-departure accommodation (each, as defined in section 147 of the Immigration and Asylum Act 1999);

(d) service custody premises (as defined in section 300(7) of the Armed Forces Act 2006).

(10) In this section “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016 (see section 2 of that Act).

Commencement Information

I72 S. 72 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mitigating factors E+W

73 Reduction in sentence for guilty plea E+W

(1) This section applies where a court is determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court.

(2) The court must take into account the following matters—

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

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

[F33 (2A) If the court imposes a serious terrorism sentence in relation to the offence, nothing in section 268C(2) or, as the case may be, 282C(2) prevents the court, after taking into account any matter referred to in subsection (2), from imposing as the appropriate custodial term a term of any length which is not less than 80 per cent of the term which would otherwise be required.]

(3) If—

(a) a mandatory sentence requirement applies in relation to the offence (see section 399) by virtue of a provision mentioned in subsection (4), and

(b) the offender is aged 18 or over when convicted,

the mandatory sentence requirement does not prevent the court, after taking into account any matter referred to in subsection (2), from imposing any sentence which is not less than 80 per cent of the sentence which would otherwise be required by that requirement.

(4) The provisions referred to in subsection (3)(a) are—

(a) section 312 (minimum sentence for threatening with weapon [F34 or corrosive substance] or bladed article);

(b) section 313 (minimum of 7 years for third class A drug trafficking offence);

(c) section 314 (minimum of 3 years for third domestic burglary);

(d) section 315 (minimum sentence for repeat offence involving weapon [F34 or corrosive substance] or bladed article).

(5) If—

(a) a mandatory sentence requirement applies in relation to the offence by virtue of—

(i) section 312, or

(ii) section 315, and

(b) the offender is aged 16 or 17 when convicted,

the mandatory sentence requirement does not prevent the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (2).

Textual Amendments

F33 S. 73(2A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 8, 50(2)(e)

F34 Words in s. 73(4) inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 83(a) (with Sch. 27); S.I. 2022/415, reg. 2

Commencement Information

I73 S. 73 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

74 Reduction in sentence for assistance to prosecution E+W

(1) This section applies where the Crown Court is determining what sentence to pass in respect of an offence on an offender who—

(a) pleaded guilty to the offence,

(b) was convicted in the Crown Court or committed to the Crown Court for sentence, and

(c) pursuant to a written agreement made with a specified prosecutor, has assisted or offered to assist—

(i) the investigator,

(ii) or the specified prosecutor or any other prosecutor,

in relation to that or any other offence.

(2) The court may take into account the extent and nature of the assistance given or offered.

(3) If the court passes a sentence which is less than it would have passed but for the assistance given or offered, it must state in open court—

(a) that it has passed a lesser sentence than it would otherwise have passed, and

(b) what the greater sentence would have been.

This is subject to subsection (4).

(4) If the court considers that it would not be in the public interest to disclose that the sentence has been discounted by virtue of this section—

(a) subsection (3) does not apply,

(b) the court must give a written statement of the matters specified in subsection (3)(a) and (b) to—

(i) the prosecutor, and

(ii) the offender, and

(c) sections 52(2) and 322(4) (requirement to explain reasons for sentence or other order) do not apply to the extent that the explanation will disclose that a sentence has been discounted by virtue of this section.

[F35 (4A) Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial term for serious terrorism sentences) affects the court's power under subsection (2) so far it relates to determining the appropriate custodial term.]

(5) Nothing in—

(a) any of the provisions listed in section 399(b) or (c) (minimum sentences in certain circumstances), or

(b) section 321 (and Schedule 21) (determination of minimum term in relation to mandatory life sentence),

affects the court's power under subsection (2).

Textual Amendments

F35 S. 74(4A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 10, 50(2)(e)

Commencement Information

I74 S. 74 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

75 Specified prosecutors E+W

(1) In section 74 “specified prosecutor” is to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).

(2) The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under—

(a) section 74, and

(b) sections 387 to 389 (assistance for prosecution etc: review of sentence).

(3) The Attorney General may revise any guidance issued under subsection (2).

Commencement Information

I75 S. 75 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Effect of Code on other powers of court in assessing seriousness E+W

76 Effect of Chapter on other powers of court to consider seriousness E+W

Nothing in this Chapter that requires or permits a court to take any matter into account for the purpose of sentencing an offender for an offence is to be taken to prevent a court taking any other matter into account for that purpose.

Commencement Information

I76 S. 76 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

77 Basis of opinion provisions not to affect power to mitigate sentences E+W

(1) Nothing in any of the basis of opinion provisions prevents a court from mitigating an offender's sentence by taking into account any matters that, in the opinion of the court, are relevant in mitigation of sentence.

(2) Section 230(2) (threshold for imposing discretionary custodial sentence) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that—

(a) the offence, or

(b) 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 any of the basis of opinion provisions 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 the offender's sentence by applying any rule of law as to the totality of sentences.

(4) Subsections (2) and (3) are not to be taken to limit subsection (1).

(5) In this section “basis of opinion provision” means any of the following—

(a) section 30 or 33 (pre-sentence reports and other requirements);

(b) section 124, 125 or 126 (fixing of fine);

(c) section 179, 180 or 186(3) to (9) (exercise of power to impose youth rehabilitation order, with or without intensive supervision and surveillance or fostering, and other requirements);

(d) section 204 or 208(3) to (9) (exercise of power to impose community order, and community requirements);

(e) section 230, 231 or 232 (imposing custodial sentences).

Commencement Information

I77 S. 77 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

78 Basis of opinion provisions: offenders suffering from a mental disorder E+W

(1) Nothing in any of the basis of opinion provisions is to be taken—

(a) as requiring a court to pass—

(i) a custodial sentence, or

(ii) any particular custodial sentence,

on an offender suffering from a mental disorder, or

(b) as restricting any power (whether under the Mental Health Act 1983 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.

(2) In this section—

• “mental disorder” has the same meaning as in the Mental Health Act 1983 (see section 1 of that Act);

• “basis of opinion provision” has the same meaning as in section 77.

Commencement Information

I78 S. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

THIRD GROUP OF PARTS U.K. Disposals

PART 5 E+W+S Absolute and conditional discharge

79 Order for absolute discharge E+W

(1) In this Code “order for absolute discharge” means an order discharging an offender absolutely in respect of an offence.

Availability

(2) An order for absolute discharge is available to a court dealing with an offender for an offence where—

(a) the offender is convicted by or before the court, and

(b) the offence is not one in relation to which a mandatory sentence requirement applies (see section 399).

Exercise of power to make order for absolute discharge

(3) Where it is available, the court may make an order for absolute discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—

(a) the nature of the offence, and

(b) the character of the offender.

Effect on other orders

(4) Nothing in this section is to be taken to prevent a court, on discharging an offender absolutely in respect of an offence, from—

(a) imposing any disqualification on the offender,

(b) making any of the following orders in respect of the offence—

(i) a compensation order (see section 133);

(ii) an order under section 152 (deprivation orders);

(iii) a restitution order (see section 147);

(iv) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,

(c) making an order under section 46 (criminal courts charge), or

(d) making an order for costs against the offender.

Commencement Information

I79 S. 79 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

80 Order for conditional discharge E+W

(1) In this Code “order for conditional discharge” means an order discharging an offender for an offence subject to the condition that the offender commits no offence during the period specified in the order (referred to in this Code as “the period of conditional discharge”).

Availability

(2) An order for conditional discharge is available to a court dealing with an offender for an offence where—

(a) the offender is convicted by or before the court, and

(b) the offence is not one in relation to which a mandatory sentence requirement applies (see section 399).

(3) But see the following for circumstances where an order for conditional discharge is not available—

(a) section 66ZB(6) of the Crime and Disorder Act 1998 (effect of youth cautions);

(b) section 66F of that Act (youth conditional cautions);

(c) section 103I(4) of the Sexual Offences Act 2003 (breach of sexual harm prevention order and interim sexual harm prevention order etc);

(d) section 339(3) (breach of criminal behaviour order);

[F36 (da) section 342G(4) (offences relating to a serious violence reduction order);]

(e) section 354(5) (breach of sexual harm prevention order);

[F37 (f) section 39(6) of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).]

Exercise of power to make order for conditional discharge

(4) Where it is available, the court may make an order for conditional discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—

(a) the nature of the offence, and

(b) the character of the offender.

(5) The period of conditional discharge specified in an order for conditional discharge must be a period of not more than 3 years beginning with the day on which the order is made.

(6) On making an order for conditional discharge, the court may, if it thinks it expedient for the purpose of the offender's reformation, allow any person who consents to do so to give security for the good behaviour of the offender.

Effect on other orders

(7) Nothing in this section prevents a court, on making an order for conditional discharge in respect of an offence, from—

(a) imposing any disqualification on the offender,

(b) making any of the following orders in respect of the offence—

(i) a compensation order (see section 133),

(ii) an order under section 152 (deprivation orders), or

(iii) a restitution order (see section 147), or

(iv) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,

(c) making an order under section 46 (criminal courts charge), or

(d) making an order for costs against the offender.

Textual Amendments

F36 S. 80(3)(da) inserted (28.4.2022 for specified purposes, 19.4.2023 for the specified purpose and for the specified period of 24 months beginning with that date) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 165(2), 166, 208(4)(u); S.I. 2023/387, regs. 1, 5(1)(b)(2) (with reg. 6)

F37 S. 80(3)(f) inserted (27.11.2024 for E.W. until the end of the specified period on 26.11.2025) by Domestic Abuse Act 2021 (c. 17), ss. 54(2), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(2)(l) (with reg. 4)

Commencement Information

I80 S. 80 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

81 Commission of further offence by person conditionally discharged E+W

Schedule 2 makes provision that applies where a person in respect of whom an order for conditional discharge has been made commits a further offence during the period of conditional discharge.

Commencement Information

I81 S. 81 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

82 Effect of discharge E+W+S

(1) This section applies where—

(a) an order for absolute discharge, or

(b) an order for conditional discharge,

is made in respect of an offence.

(2) The conviction of that offence is to be deemed not to be a conviction for any purpose other than the purposes of—

(a) the proceedings in which the order is made, and

(b) in the case of an order for conditional discharge, any subsequent proceedings which may be taken against the offender under Schedule 2.

This is subject to subsection (3).

(3) In the case of an order for conditional discharge, if the offender is sentenced (under Schedule 2) for the offence—

(a) the order ceases to have effect, and

(b) if the offender was aged 18 or over when convicted of the offence, subsection (2) ceases to apply to the conviction.

(4) Without prejudice to subsections (2) and (3), the offender's conviction is in any event to be disregarded for the purposes of any enactment or instrument which—

(a) imposes any disqualification or disability upon convicted persons, or

(b) authorises or requires the imposition of any such disqualification or disability.

(5) Subsections (2) to (4) do not affect—

(a) any right of the offender to rely on the conviction in bar of any subsequent proceedings for the same offence, or

(b) the restoration of any property in consequence of the conviction.

(6) In subsection (4)—

• “enactment” includes an enactment contained in a local Act;

• “instrument” means an instrument having effect by virtue of an Act.

(7) Subsection (2) has effect subject to the following (which concern rights of appeal)—

(a) section 50(1A) of the Criminal Appeal Act 1968, and

(b) section 108(1A) of the Magistrates' Courts Act 1980.

Nothing in this subsection affects any other enactment that excludes the effect of subsection (2) or (4) for particular purposes.

Modifications etc. (not altering text)

C7 S. 82 excluded (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 6(2)(d), 40(7); S.I. 2020/1662, reg. 2(f)

C8 S. 82 excluded by 1984 c. 42, s. 31R(6)(b) (as inserted (21.7.2022) by Domestic Abuse Act 2021 (c. 17), ss. 65, 90(6); S.I. 2022/840, regs. 1(2), 2(a) (with reg. 3))

C9 S. 82 excluded by 2003 c. 39, s. 85F(6)(b) (as inserted (21.7.2022) by Domestic Abuse Act 2021 (c. 17), ss. 66, 90(6); S.I. 2022/840, regs. 1(2), 2(b) (with reg. 3))

C10 S. 82 excluded (24.5.2024) by Post Office (Horizon System) Offences Act 2024 (c. 14), ss. 10(2), 11(2) (with ss. 3(5), 10(3))

C11 S. 82(2) excluded by 2015 c. 30, s. 34(3)(a) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 294 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I82 S. 82 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Orders relating to conduct

CHAPTER 1 E+W Referral orders for offenders aged under 18

Making referral orders E+W

83 Referral order E+W

(1) In this Code “referral order” means an order—

(a) which requires an offender to attend each of the meetings of a youth offender panel established for the offender by a youth offending team, and

(b) by virtue of which the offender is required to comply, for a particular period, with a programme of behaviour to be agreed between the offender and the panel in accordance with this Part (which takes effect as a youth offender contract).

(2) For the court's power to order other persons to attend meetings of the panel, see section 90.

(3) For provision about—

(a) the youth offender panel, see section 91;

(b) the youth offender contract, see section 96.

(4) For the purposes of this Code, references to an offender being referred to a youth offender panel are to a referral order being made in respect of the offender.

Commencement Information

I83 S. 83 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

84 Referral order: availability E+W

(1) A referral order is available to a court dealing with an offender for an offence where—

(a) the court is a youth court or other magistrates' court,

(b) the offender is aged under 18 when convicted,

(c) neither the offence nor any connected offence is an offence the sentence for which is fixed by law,

(d) the court is not proposing to—

(i) impose a custodial sentence, or

(ii) make a hospital order (within the meaning of the Mental Health Act 1983),

in respect of the offence or any connected offence,

(e) the court is not proposing to make—

(i) an order for absolute discharge, or

(ii) an order for conditional discharge,

in respect of the offence, and

(f) the offender pleaded guilty to the offence or to any connected offence.

(2) But a referral order is not available unless the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).

Commencement Information

I84 S. 84 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

85 Duty and power to make referral order E+W

(1) Where a referral order is available—

(a) the court must make a referral order if the compulsory referral conditions are met;

(b) otherwise, the court may make a referral order.

(2) The compulsory referral conditions are met where—

(a) the offence is an imprisonable offence,

(b) the offender pleaded guilty to the offence and to any connected offence, and

(c) the offender has never been—

(i) convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, F38 ...

F38 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39 (2A) But the compulsory referral conditions are not met if—

(a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b) the offender has previously been convicted by or before a court in a member State of any offence]

(3) For the effect of making a referral order on the court's other sentencing powers, see section 89.

Textual Amendments

F38 S. 85(2)(c)(ii) and word omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 87(1) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(3)(a))

F39 S. 85(2A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 87(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(3)(b))

Commencement Information

I85 S. 85 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

86 Making of referral order: general E+W

(1) A referral order must specify—

(a) the youth offending team which is to establish a youth offender panel for the offender, and

(b) the period for which any youth offender contract which takes effect by virtue of the order is to have effect.

(2) That period must be—

(a) not less than 3 months, and

(b) not more than 12 months.

(3) The youth offending team specified in the order must be the team which has the function of implementing referral orders in the area in which it appears to the court that the offender resides or will reside.

(4) On making a referral order the court must explain to the offender in ordinary language—

(a) the effect of the order, and

(b) the consequences which may follow—

(i) if no youth offender contract takes effect between the offender and the panel, or

(ii) if the offender breaches a youth offender contract.

Nothing in this subsection affects the court's duty under section 52 (duty to give reasons for and explain effect of sentence).

Commencement Information

I86 S. 86 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

87 Referral order consecutive to earlier referral order E+W

(1) Where—

(a) a court makes a referral order (“the later order”), and

(b) the offender is subject to an earlier referral order,

the court may direct that any youth offender contract under the later order is not to take effect until the earlier order is revoked or discharged.

(2) For this purpose, the reference to an earlier referral order includes an order made under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders).

Commencement Information

I87 S. 87 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

88 Making of referral order: connected offences E+W

(1) This section applies where a court makes referral orders in respect of two or more connected offences.

(2) The referral orders have the effect of referring the offender to a single youth offender panel.

(3) Accordingly, provision made by the orders under section 83(1)(a) and section 86(1)(a) (which relates to the youth offending team and a youth offender panel) must be the same for each referral order.

(4) The court may direct that the period specified under section 86(1)(b) in any of the referral orders is to run—

(a) concurrently with, or

(b) in addition to,

the period specified in another of the referral orders.

(5) But a direction under subsection (4) must not result in a total period of more than 12 months.

(6) For the purposes of this Chapter, each of the orders mentioned in subsection (1) is associated with each other of those orders.

Commencement Information

I88 S. 88 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

89 Making of referral order: effect on court's other sentencing powers E+W

(1) This section applies where a court makes a referral order in respect of an offence.

(2) In dealing with the offender for any connected offence, the court must—

(a) sentence the offender by making a referral order, or

(b) make an order for absolute discharge.

(3) In dealing with the offender in respect of the offence or any connected offence, the court may not—

(a) order the offender to pay a fine,

(b) make any of the following orders—

(i) a youth rehabilitation order;

(ii) an order under section 1(2A) of the Street Offences Act 1959;

(iii) a reparation order;

(iv) an order for conditional discharge.

(4) The court may not make—

(a) an order binding the offender over to keep the peace or to be of good behaviour, or

(b) an order under section 376 (binding over of parent or guardian),

in connection with the offence or any connected offence.

(5) Nothing in section 85 or subsection (2) affects any power or duty of a magistrates' court under—

(a) section 25 (power and duty to remit young offenders to youth courts for sentence),

(b) section 10(3) of the Magistrates' Courts Act 1980 (adjournment for inquiries), or

(c) section 35, 38, 43 or 44 of the Mental Health Act 1983 (remand for reports, interim hospital orders and committal to Crown Court for restriction order).

(6) Nothing in this section affects any power of a court, where it revokes a referral order, to re-sentence an offender for the offence in respect of which the order was made.

Commencement Information

I89 S. 89 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

90 Order requiring parents etc to attend meetings E+W

(1) This section applies where a court makes a referral order.

(2) The court—

(a) may make an order requiring—

(i) the appropriate person, or

(ii) if there are two or more appropriate persons, one or more of them,

to attend the meetings of the youth offender panel, and

(b) must do so if the offender is aged under 16 when the referral order is made.

(3) If the offender is—

(a) a looked-after child, and

(b) aged under 16 when the referral order is made,

the person or persons required under subsection (2) to attend those meetings must include at least one representative of the responsible authority.

(4) But an order under subsection (2) must not require a person to attend those meetings—

(a) if the court is satisfied that it would be unreasonable to do so, or

(b) to an extent which the court is satisfied would be unreasonable.

(5) For the purposes of this section, each of the following is an appropriate person in relation to an offender—

(a) if the offender is a looked-after child—

(i) a representative of the responsible authority, and

(ii) each person who is a parent or guardian of the offender with whom the offender is allowed to live;

(b) otherwise, each person who is a parent or guardian of the offender.

(6) In this section—

• “looked-after child” means a child who is (within the meaning of the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014 (anaw 4)) looked after by a local authority, and

• “responsible authority”, in relation to a looked-after child, means the authority by which the child is looked after.

(7) The court must forthwith send a copy of an order under subsection (2)—

(a) to each person required by the order to attend meetings of the panel, and

(b) to any responsible authority whose representative is required by the order to attend meetings of the panel,

unless the person was present, or the authority was represented, in court when the order was made.

Commencement Information

I90 S. 90 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth offender panels E+W

91 Establishment of youth offender panels E+W

(1) This section applies where a court has made a referral order (or two or more associated referral orders).

(2) The specified youth offending team must establish a youth offender panel for the offender.

(3) The youth offender panel must—

(a) be constituted,

(b) conduct its proceedings, and

(c) discharge its functions under this Chapter,

in accordance with guidance issued from time to time by the Secretary of State.

(4) But at each of its meetings the panel must consist of at least—

(a) one member appointed by the specified youth offending team from among its members, and

(b) two members appointed by that team who are not members of the team.

(5) The Secretary of State may by regulations make provision requiring persons appointed as members of a youth offender panel to—

(a) have qualifications specified in the regulations;

(b) satisfy other criteria so specified.

(6) Regulations under subsection (5) are subject to the negative resolution procedure.

(7) The Secretary of State may revise any guidance issued under subsection (3).

Commencement Information

I91 S. 91 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

92 Attendance at panel meetings: offender and parent or guardian E+W

(1) This section applies to each meeting of the youth offender panel established for the offender.

(2) The specified youth offending team must notify—

(a) the offender, and

(b) any person to whom an order under section 90 (requirement to attend meetings of the panel) applies,

of the time and place at which the person is required to attend the meeting.

(3) If the offender fails to attend any part of the meeting the panel may—

(a) adjourn the meeting to such time and place as the panel may specify (in which case subsection (2) applies to the adjourned meeting), or

(b) end the meeting and refer the offender back to court.

Commencement Information

I92 S. 92 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

93 Failure of parent or guardian to comply with order under section 90 E+W

(1) If—

(a) a parent or guardian of an offender fails to comply with an order under section 90 (orders requiring parents etc to attend meetings), and

(b) the offender is aged under 18 at the time of the failure,

the youth offender panel may refer the parent or guardian to a youth court acting in the local justice area in which it appears to the panel that the offender resides or will reside.

(2) To make the referral, the panel must send a report to the youth court explaining why the parent or guardian is being referred to it.

(3) A youth court which receives a report under subsection (2) must cause the parent or guardian to appear before it.

(4) For that purpose, a justice acting in the local justice area in which the court acts may—

(a) issue a summons requiring the parent to appear before that youth court at the place and time specified in it, or

(b) if the report is substantiated on oath, issue a warrant for the parent's arrest which requires the parent to be brought before that court.

(5) For the youth court's power to make a parenting order where the panel refers the parent or guardian under this section, see section 368 (parenting order where parent or guardian fails to attend meeting of panel).

(6) Making a parenting order under that section does not affect the order under section 90.

(7) Accordingly, section 63(1) to (4) of the Magistrates' Courts Act 1980 (power to deal with person for breach of order etc) applies in relation to an order under section 90 (in addition to this section and section 368).

Commencement Information

I93 S. 93 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

94 Attendance at panel meetings: other persons E+W

(1) At a meeting of a youth offender panel, the offender may be accompanied by one person aged 18 or over chosen by the offender with the agreement of the panel.

(2) It need not be the same person who accompanies the offender to every meeting.

(3) The panel may allow any of the following to attend a meeting—

(a) a victim;

(b) any person who appears to the panel to be someone capable of having a good influence on the offender.

(4) If the panel allows a victim to attend a meeting of the panel, it may allow the victim to be accompanied to the meeting by one person chosen by the victim with the agreement of the panel.

(5) For the purposes of subsections (3) and (4) “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences in respect of which the offender was referred to the panel.

Commencement Information

I94 S. 94 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth offender contracts E+W

95 Duty of youth offending team to arrange initial meetings of panel E+W

(1) Where a court has made a referral order (or two or more associated referral orders), the specified youth offending team must arrange the first meeting of the youth offender panel established for the offender.

(2) The specified youth offending team must also arrange any further meeting of the panel that may be held under section 98(2)(b) (resuming consideration).

Commencement Information

I95 S. 95 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

96 Agreement of youth offender contract with offender E+W

(1) This section applies to—

(a) the first meeting of a youth offender panel established for an offender, and

(b) any further meeting of the panel held under section 98(2)(b) (resuming consideration).

(2) At the meeting the panel must seek to reach agreement with the offender on a programme of behaviour whose aim (or principal aim) is to prevent re-offending by the offender.

(3) Schedule 3 makes provision about the programme.

(4) Where a programme is agreed between the offender and the panel, the panel must produce a written record of the programme forthwith—

(a) in language capable of being readily understood by, or explained to, the offender,

(b) for signature by the offender, and

(c) for signature by a member of the panel on behalf of the panel.

(5) Once the record has been signed by the offender and on behalf of the panel—

(a) the terms of the programme, as set out in the record, take effect as the terms of a “youth offender contract” between the offender and the panel, and

(b) the panel must provide a copy of the record to the offender.

Commencement Information

I96 S. 96 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

97 Duration of compliance period E+W

(1) This section applies where a youth offender contract has taken effect between an offender and a youth offender panel.

(2) The compliance period begins with the day on which the youth offender contract takes effect.

(3) The length of the compliance period is—

(a) if the contract relates to a single referral order, the period specified in the order under section 86(1)(b);

(b) if the contract relates to two or more referral orders, the total period resulting from any direction of the court under section 88(4).

(4) Subsection (3) is subject to—

(a) any order under paragraph 9, 12 or 15 of Schedule 4 extending the length of the compliance period, and

(b) subsection (5).

(5) The compliance period expires on revocation of the referral order, or each of the referral orders, to which the youth offender contract relates.

Commencement Information

I97 S. 97 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

98 Failure to agree youth offender contract E+W

(1) This section applies to—

(a) the first meeting of a youth offender panel established for an offender, and

(b) any further meeting of the panel held under subsection (2)(b).

(2) The panel may—

(a) end the meeting without having reached agreement with the offender on an appropriate programme of behaviour, and

(b) resume consideration of the offender's case at a further meeting of the panel.

(3) But if, at the meeting, it appears to the panel that there is no prospect of reaching an agreement with the offender on an appropriate programme of behaviour within a reasonable period after the making of the referral order (or orders), the panel—

(a) may not consider the case at a further meeting under subsection (2)(b), and

(b) must instead refer the offender back to court.

(4) If, at the meeting, the panel and the offender reach agreement on an appropriate programme of behaviour, but—

(a) the offender does not sign the record produced under section 96(4)(b), and

(b) the offender's failure to do so appears to the panel to be unreasonable,

the panel must end the meeting and refer the offender back to court.

(5) In this section, “appropriate programme of behaviour” means a programme of behaviour of the kind mentioned in section 96(2).

Commencement Information

I98 S. 98 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

99 Arranging progress meetings E+W

(1) This section applies where a youth offender contract has taken effect.

(2) The specified youth offending team must arrange a meeting of the youth offender panel at any time during the compliance period (“a progress meeting”) if the panel requests it to do so under this section.

(3) The panel may request the specified youth offending team to arrange a progress meeting if it appears to the panel to be expedient to review—

(a) the offender's progress in implementing the programme of behaviour contained in the youth offender contract, or

(b) any other matter arising in connection with the contract.

(4) The panel must request the specified youth offending team to arrange a progress meeting if subsection (5) or (6) applies.

(5) This subsection applies where the offender has notified the panel that the offender wishes—

(a) the youth offender contract to be varied, or

(b) to be referred back to court with a view to the referral order (or orders) being revoked on account of a significant change in the offender's circumstances (such as being taken to live abroad) which makes compliance with the contract impractical.

(6) This subsection applies where it appears to the panel that the offender is in breach of the contract.

Commencement Information

I99 S. 99 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

100 Progress meetings: conduct E+W

(1) This section applies to any meeting of a youth offender panel arranged under section 99.

(2) At the meeting, the youth offender panel must do such of the following as it considers appropriate in the circumstances—

(a) review the offender's progress or any other matter referred to in section 99(3);

(b) discuss with the offender any breach of the youth offender contract which it appears to the panel that the offender has committed;

(c) consider any variation in the youth offender contract—

(i) sought by the offender, or

(ii) which appears to the panel expedient in the light of any such review or discussion;

(d) consider any request by the offender under section 99(5)(b) to be referred back to court.

(3) Where the youth offender panel has discussed with the offender any breach of the contract which it appears to the panel that the offender has committed, the panel may—

(a) agree with the offender that the offender is to continue to be required to comply with the contract (either in its original form or with any agreed variation of it) without being referred back to court, or

(b) end the meeting and refer the offender back to court.

(4) Where the panel and the offender agree a variation in the contract, the panel must produce a written record of the variation forthwith—

(a) in language capable of being readily understood by, or explained to, the offender,

(b) for signature by the offender, and

(c) for signature by a member of the panel on behalf of the panel.

(5) Once the record has been signed by the offender and on behalf of the panel—

(a) the variation in the contract takes effect, and

(b) the panel must provide a copy of the record to the offender.

(6) If at the meeting—

(a) the panel and the offender agree a variation in the contract,

(b) the offender does not sign the record produced under subsection (4), and

(c) the offender's failure to do so appears to the panel to be unreasonable,

the panel may end the meeting and refer the offender back to court.

(7) Schedule 3 (programme of behaviour) applies to what the contract, as varied under this section, may provide as it applies to a programme of behaviour agreed under section 96.

(8) Where the offender has requested under section 99(5)(b) to be referred back to court and the panel—

(a) has discussed the request with the offender, and

(b) is satisfied that there is (or is soon to be) a change in circumstances of the kind mentioned in that provision,

it may end the meeting and refer the offender back to court.

Commencement Information

I100 S. 100 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

101 Final meeting E+W

(1) This section applies where—

(a) a youth offender contract has taken effect between a youth offender panel and an offender, and

(b) the compliance period is due to expire.

(2) The specified youth offending team must arrange a meeting of the panel (“the final meeting”) to be held before the end of the compliance period.

(3) At the final meeting the panel must—

(a) review the extent of the offender's compliance to date with the youth offender contract,

(b) decide whether or not the offender's compliance with the contract justifies the conclusion that the offender will have satisfactorily completed the contract by the end of the compliance period, and

(c) give the offender written confirmation of its decision.

(4) A decision that the conclusion mentioned in subsection (3)(b) is justified—

(a) has the effect of discharging the referral order (or orders) as from the end of the compliance period, and

(b) can be made in the offender's absence.

(5) If the panel decides that that conclusion is not justified, it must refer the offender back to court.

(6) Nothing in section 92(3) permits the final meeting to be adjourned (or re-adjourned) to a time after the end of the compliance period.

Commencement Information

I101 S. 101 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Other powers to refer offender back to court E+W

102 Revocation of referral order where offender making good progress etc E+W

(1) This section applies where—

(a) a youth offender contract has taken effect between a youth offender panel and an offender, and

(b) it appears to the panel to be in the interests of justice for the referral order (or each of the referral orders) to be revoked.

(2) The panel may refer the offender back to court, requesting the appropriate court—

(a) to revoke the order (or each of the orders) under sub-paragraph (2) of paragraph 7 of Schedule 4, or

(b) to—

(i) revoke the order (or each of the orders) under that sub-paragraph, and

(ii) re-sentence the offender under sub-paragraph (4) of that paragraph for the offence in respect of which the revoked order was made.

(3) In deciding whether to refer the offender back to court under this section, the panel must have regard to circumstances which have arisen since the youth offender contract took effect, which may include the offender's making good progress under the contract.

(4) Where—

(a) the panel refers the offender back to court under this section, and

(b) the appropriate court decides not to revoke the order (or orders) under paragraph 7(2) of Schedule 4 in consequence of that referral,

the panel may not refer the offender back to court again under this section during the 3 month period beginning with the date of the court's decision, except with the consent of the appropriate court.

Commencement Information

I102 S. 102 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

103 Extension of compliance period E+W

(1) This section applies where—

(a) a youth offender contract has taken effect,

(b) the compliance period is less than 12 months,

(c) the compliance period has not ended, and

(d) having regard to circumstances which have arisen since the contract took effect, it appears to the youth offender panel to be in the interests of justice for the length of the compliance period to be extended.

(2) The panel may refer the offender back to court requesting the appropriate court to extend the length of the compliance period.

(3) The requested period of extension must not be more than 3 months.

Commencement Information

I103 S. 103 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further court proceedings E+W

104 Offender referred back to court or convicted while subject to referral order E+W

In Schedule 4—

(a) Part 1 makes provision for what is to happen when a youth offender panel refers an offender back to court;

(b) Part 2 makes provision for what is to happen when an offender is convicted of further offences while subject to a referral order.

Commencement Information

I104 S. 104 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Supplementary E+W

105 Youth offender panel: change of residence E+W

(1) This section applies where the court which made a referral order is satisfied that—

(a) the offender has changed, or proposes to change, residence (to the “new residence”), and

(b) the youth offending team for the time being specified in the order (“the current team”) does not have the function of implementing referral orders in the area of the offender's new residence (“the new area”).

(2) The court may amend the order so that it specifies instead the youth offending team which has the function of implementing referral orders in the new area (“the new team”).

(3) Where the court does so, this Chapter (and, in particular, section 91(2) (duty to establish youth offender panel)) applies to the new team accordingly.

This is subject to subsection (4).

(4) If a youth offender contract has already taken effect under the referral order between the offender and the youth offender panel established by the current team—

(a) section 95 does not apply to the new team, and

(b) the contract has effect after the amendment as a youth offender contract between—

(i) the offender, and

(ii) the youth offender panel established by the new team.

Commencement Information

I105 S. 105 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

106 Functions of the specified youth offending team E+W

(1) This section applies where a referral order is made in respect of an offender.

(2) The specified youth offending team must arrange for the provision of such administrative staff, accommodation or other facilities as are required by the youth offender panel.

(3) During the compliance period—

(a) the specified youth offending team must make arrangements for supervising the offender's compliance with the youth offender contract, and

(b) the person who is the member of the panel referred to in section 91(4)(a) must ensure that records are kept of the offender's compliance, or failure to comply, with that contract.

(4) In implementing a referral order, the specified youth offending team must have regard to any guidance issued by the Secretary of State.

(5) The Secretary of State may revise any guidance issued under subsection (4).

Commencement Information

I106 S. 106 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

107 Rules of court E+W

(1) Criminal Procedure Rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this Chapter.

(2) Nothing in this section affects the generality of any other enactment conferring power to make Criminal Procedure Rules.

Commencement Information

I107 S. 107 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

108 Referral orders: interpretation E+W

(1) In this Chapter—

• “the appropriate court”, in relation to any referral of an offender back to court, means—

  (a)

  if the offender is aged under 18 when first appearing before the court in pursuance of the referral back, a youth court acting in the local justice area in which it appears to the youth offender panel that the offender resides or will reside;

  (b)

  otherwise, a magistrates' court (other than a youth court) acting in that area;

• “associated”, in relation to referral orders, is to be read in accordance with section 88(6);

• “compliance period” means the period for which a youth offender contract which takes effect between the offender and the youth offender panel is to have effect;

• “meeting”, in relation to a youth offender panel, means—

  (a)

  the first meeting arranged under section 95(1),

  (b)

  any further meeting held under section 98(2)(b),

  (c)

  any progress meeting arranged under section 99, or

  (d)

  the final meeting held under section 101;

• “the specified youth offending team”, in relation to an offender to whom a referral order applies (or two or more associated referral orders apply), means the youth offending team for the time being specified in the order (or orders);

• “youth offender panel”, in relation to an offender, means the panel established for the offender in accordance with section 91.

(2) For the purposes of this Chapter, an offence is connected with another offence if the offender is to be dealt with for both offences at the same time (whether or not convicted of them at the same time or by or before the same court).

(3) Any reference in this Chapter to a youth offender contract taking effect is to it taking effect between an offender and a youth offender panel under section 96.

(4) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply for the purposes of this [F40 Chapter] (except that it does apply for the purposes of paragraph 13 of Schedule 4 (further proceedings)).

Textual Amendments

F40 Word in s. 108(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 2

Commencement Information

I108 S. 108 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Reparation orders for offenders aged under 18

109 Reparation order E+W

(1) In this Code “reparation order” means an order made under this Chapter in respect of an offence which imposes requirements on the offender to make reparation for the offence to—

(a) a particular person or particular persons, or

(b) the community at large.

(2) In this Chapter, references to making reparation for an offence are to making reparation for the offence otherwise than by the payment of compensation.

Commencement Information

I109 S. 109 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

110 Reparation order: availability E+W

(1) A reparation order is available to a court dealing with an offender for an offence where—

[F41 (za) the offender is convicted of the offence before the day on which section 162 of the Police, Crime, Sentencing and Courts Act 2022 comes into force,]

(a) the offender is aged under 18 when convicted,

(b) the offence is not an offence the sentence for which is fixed by law, and

(c) the court is not proposing to—

(i) impose a custodial sentence,

(ii) make a youth rehabilitation order, or

(iii) make a referral order.

(2) But a reparation order is not available unless the court has been notified by the Secretary of State that arrangements for implementing reparation orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).

(3) A reparation order is not available if the offender is subject to a youth rehabilitation order, unless when it makes the reparation order the court revokes the youth rehabilitation order.

(4) For the power of the court to revoke the youth rehabilitation order, see Part 5 of Schedule 7 (powers of court in relation to youth rehabilitation order following subsequent conviction).

Textual Amendments

F41 S. 110(1)(za) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 162, 208(5)(v)

Commencement Information

I110 S. 110 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

111 Requirement to consider report before making a reparation order E+W

(1) This section applies where a court proposes to make a reparation order in respect of an offence.

(2) Before making the order, the court must obtain and consider a written report by—

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

(b) a social worker of a local authority, or

(c) a member of a youth offending team.

(3) The report must indicate—

(a) the type of work that is suitable for the offender, and

(b) the attitude of the victim or victims to requirements proposed to be included in the reparation order.

Commencement Information

I111 S. 111 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

112 Requirements to make reparation to be specified in order E+W

(1) This section applies where a court makes a reparation order in respect of an offence.

(2) The reparation order must—

(a) specify the requirements with which the offender must comply, and

(b) if those requirements require reparation to be made to a particular person or particular persons, specify that person or those persons.

(3) The requirements must be such as in the opinion of the court are commensurate with the seriousness of—

(a) the offence, or

(b) the combination of the offence and one or more associated offences.

This is subject to subsections (5) and (6).

(4) Any person specified under subsection (2)(b) must be a person identified by the court as—

(a) a victim of the offence, or

(b) a person otherwise affected by it.

(5) The reparation order may not impose a requirement to make reparation to a particular person without the consent of that person.

(6) The requirements must be requirements to make reparation which—

(a) may require the offender to perform work, but

(b) if they do, must not require the offender to work for more than 24 hours in aggregate.

(7) The requirements must, so far as practicable, be such as to avoid—

(a) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment,

(b) any conflict with the offender's religious beliefs, and

(c) any conflict with the requirements of any other court order to which the offender may be subject.

Commencement Information

I112 S. 112 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

113 Other provision to be specified in a reparation order E+W

(1) This section applies where a court makes a reparation order.

(2) The reparation order must specify the local justice area in which it appears to the court making the order that the offender resides or will reside.

(3) The reparation order must specify the responsible officer.

(4) The person specified as the responsible officer must be—

(a) an officer of a provider of probation services acting in the offender's home local justice area,

(b) a social worker of the local authority in whose area it appears to the court that the offender resides or will reside, or

(c) a member of a youth offending team established by that local authority.

Commencement Information

I113 S. 113 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

114 Making reparation E+W

(1) The offender must perform the requirements of the reparation order under the supervision of the responsible officer.

(2) Any requirements to make reparation imposed by a reparation order must be completed within the period of 3 months beginning with the day on which the order is made.

Commencement Information

I114 S. 114 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

115 Breach, revocation or amendment of reparation order E+W

Schedule 5 makes provision about breach, revocation and amendment of reparation orders.

Commencement Information

I115 S. 115 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

116 Reparation orders: interpretation E+W

In this Chapter—

(a) references to making reparation are to be read in accordance with section 109(2);

(b) “offender's home local justice area” means the local justice area for the time being specified in the reparation order under section 113 or by virtue of an order under paragraph 5(4)(b)(ii) of Schedule 5;

(c) the “responsible officer” means the responsible officer for the time being specified in the reparation order under that section or by virtue of an order under that paragraph;

(d) references to breach of a requirement of a reparation order include references to a failure to comply with the requirement.

Commencement Information

I116 S. 116 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Other orders

117 Orders under Street Offences Act 1959 E+W

See section 1(2A) of the Street Offences Act 1959 for orders available in the case of offences under section 1 of that Act (loitering or soliciting for purposes of prostitution) where no other sentence is imposed.

Commencement Information

I117 S. 117 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Financial orders and orders relating to property

CHAPTER 1 E+W Fines

Availability E+W

118 Availability of fine: magistrates' court E+W

(1) A fine is available to a magistrates' court dealing with an offender for an offence if under the relevant offence provision a person who is convicted of that offence is liable to a fine.

(2) If under the relevant offence provision the offender is liable to—

(a) a fine of a specified amount,

(b) a fine of not more than a specified amount,

the amount of the fine—

(i) must not be more than that amount, but

(ii) may be less than that amount (unless an Act passed after 31 December 1879 expressly provides to the contrary).

(3) This is subject to—

(a) section 121 (availability: fines not to be combined with certain other orders);

(b) section 123 (limit on fines imposed by magistrates' courts in respect of young offenders).

(4) In this section “relevant offence provision”, in relation to an offence, means—

(a) the enactment creating the offence or specifying the penalty to which a person convicted of the offence is liable, or

(b) that provision read in accordance with—

(i) section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) and regulations under that section;

(ii) section 86 of that Act (power to increase certain other fines on conviction by magistrates' court) and regulations under that section;

(iii) section 32 of the Magistrates' Courts Act 1980 (penalties on summary conviction for offences triable either way);

(iv) section 119 (power of magistrates' court to fine where only imprisonment etc specified);

(v) section 122 (standard scale of fines),

and, for this purpose, “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

Commencement Information

I118 S. 118 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

119 Power of magistrates' court to fine where only imprisonment etc specified E+W

(1) This section applies where under an enactment a magistrates' court has power to sentence an offender to imprisonment or other detention but not to a fine.

It is immaterial whether the enactment was passed or made before or after the commencement of this Act.

(2) The magistrates' court may impose a fine instead of sentencing the offender to imprisonment or other detention (unless an Act passed after 31 December 1879 expressly provides to the contrary).

(3) In the case of an offence which—

(a) is triable either way, and

(b) was committed before 12 March 2015,

a fine imposed under subsection (2) may not exceed the prescribed sum (within the meaning of section 32 of the Magistrates' Courts Act 1980).

(4) In the case of a fine imposed under subsection (2) for a summary offence—

(a) the amount of the fine may not exceed level 3 on the standard scale, and

(b) the default term must not be longer than the term of imprisonment or detention to which the offender is liable on conviction of the offence.

For this purpose, “default term” means the term of imprisonment or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 to which the offender would be subject in default of payment of the fine.

(5) In this section “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

Commencement Information

I119 S. 119 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

120 General power of Crown Court to fine offender convicted on indictment E+W

(1) A fine is available to the Crown Court where it is dealing with an offender who is convicted on indictment for an offence—

(a) instead of, or

(b) in addition to,

dealing with the offender in any other way which is available to the court.

(2) Subsection (1)—

(a) does not apply where the offence is one in relation to which a mandatory sentence requirement applies by virtue of any of the following provisions of section 399—

(i) paragraph (a) (life sentence for murder etc),

(ii) paragraph (b) (other mandatory life sentences),

[F42 (iia) paragraph (ba) (serious terrorism sentences),] or

(iii) paragraph (c)(iv) (minimum sentence for third domestic burglary offence),

(b) is subject to any other enactment requiring the offender to be dealt with in a particular way, and

(c) does not apply if the court is precluded from sentencing the offender by its exercise of some other power.

(3) Nothing in subsection (1) affects the maximum amount of a fine to which a person is liable for an offence committed before [F43 1 December 2020].

Textual Amendments

F42 S. 120(2)(a)(iia) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(5)

F43 Words in s. 120(3) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(2)

Commencement Information

I120 S. 120 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

121 Availability of fine: effect of other orders E+W

For circumstances in which a fine is not available, see—

(a) section 37(8) of the Mental Health Act 1983 (hospital order or guardianship order in case where person convicted of offence punishable with imprisonment);

(b) section 89 (making of referral order: effect on court's other sentencing powers).

Commencement Information

I121 S. 121 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Magistrates' court E+W

122 The standard scale of fines for summary offences E+W

(1) The standard scale of fines for summary offences, which is known as “the standard scale”, as it has effect for Code offences, is as follows—

Level on the scale	Amount of fine
	Offence committed on or after 11 April 1983 and before [F44 1 May 1984]	[F45 Offence committed on or after 1 May 1984 and before 1 October 1992	Offence committed on or after 1 October 1992
1	£25	£50	£200
2	£50	£100	£500
3	£200	£400	£1,000
4	£500	£1,000	£2,500
5	£1,000	£2,000]	£5,000.

(2) In relation to a Code offence, a relevant reference to a particular level on the standard scale is to be read as referring to that level on the scale set out in the column of the table in subsection (1) that applies to offences committed on the date on which the offence was committed.

(3) In relation to—

(a) a relevant reference in an enactment or instrument passed or made before 12 March 2015 to level 5 on the standard scale, and

(b) an offence committed on or after that date,

subsection (2) is subject to section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court).

(4) A reference to a level on the standard scale in an enactment or instrument made under an enactment (whenever passed or made) is a “relevant reference” to that level if—

(a) the enactment or instrument provides that a person convicted of a summary offence is liable on conviction to a fine or maximum fine by reference to that level, or

(b) it is a reference in an enactment which confers power by subordinate instrument to make a person liable on conviction of a summary offence (whether or not created by the instrument) to a fine or maximum fine by reference to that level.

In this section, “Code offence” is an offence of which the offender is convicted after the Code comes into force.

Textual Amendments

F44 Words in s. 122(1) table substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 3(a)

F45 Words in s. 122(1) table inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 3(b)

Modifications etc. (not altering text)

C12 S. 122 extended (N.I.) by 1956 c. 74, s. 21(7C) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 8 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I122 S. 122 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

123 Limit on fines imposed by magistrates' courts in respect of young offenders E+W

(1) This section applies where an offender—

(a) was convicted by a magistrates' court,

(b) was under 18 when convicted, and

(c) is before that court to be sentenced.

(2) The court may not impose a fine of more than—

(a) £250, if the offender was under 14 when convicted, or

(b) £1,000, if the offender was 14 or over when convicted.

Commencement Information

I123 S. 123 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers E+W

124 Fixing of fine: duty of court to inquire into individual offender's circumstances E+W

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

(2) For the power to make a financial circumstances order, see section 35.

(3) For modifications of this section where the court also makes an order under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge), see section 128.

Commencement Information

I124 S. 124 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

125 Exercise of court's powers to impose fine and fix amount E+W

(1) 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.

(2) 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, in particular, the financial circumstances of the offender so far as they are known, or appear, to the court.

(3) Subsection (2) applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.

(4) In applying subsection (2), a court must not reduce the amount of a fine on account of any surcharge it orders the offender to pay under section 42, except to the extent that the offender has insufficient means to pay both.

(5) For modifications of this section where the court also makes an order under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge), see section 128.

(6) For the effect of proceedings in relation to confiscation orders on the court's powers to impose or fix the amount of a fine, see the following provisions of the Proceeds of Crime Act 2002—

(a) section 13(4) (where confiscation order has been made);

(b) section 15 (where proceedings on a confiscation order have been postponed).

Commencement Information

I125 S. 125 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

126 Power to determine financial circumstances where offender is absent or fails to provide information E+W

(1) This section applies where an offender—

(a) has been convicted in the offender's absence—

(i) in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (non-appearance of accused), or

(ii) in proceedings conducted in accordance with section 16A of that Act (trial by single justice on the papers), or

(b) has failed—

(i) to provide a statement of the offender's financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (offence of making false statement as to financial circumstances),

(ii) to comply with an order under section 35(2) (statement as to offender's financial circumstances), or

(iii) otherwise to co-operate with the court in its inquiry into the offender's financial circumstances.

(2) If the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender for the purposes of section 125, it may make such determination as it considers appropriate.

Commencement Information

I126 S. 126 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

127 Remission of fines following determination under section 126 E+W

(1) This section applies where a court has, in fixing the amount of a fine, determined the offender's financial circumstances under section 126 (offender absent or failing to provide information).

(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—

(a) would have fixed a smaller amount, or

(b) would not have fined the offender,

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, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, has been fixed under—

(a) section 129, or

(b) 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.

(5) Subsection (6) applies where—

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

(b) the offender was ordered under section 42 to pay a surcharge, and

(c) the amount of the surcharge was set by reference to the amount of the fine.

(6) The court must—

(a) determine how much the surcharge would have been if the fine had not included the amount remitted, and

(b) remit the balance of the surcharge.

Commencement Information

I127 S. 127 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Fines: payment E+W

128 Fine imposed on offender aged under 18: payment by parent or guardian E+W

(1) This section applies where a court—

(a) is dealing with an offender for an offence,

(b) the offender is aged under 18 when convicted, and

(c) but for this subsection, the court would impose a fine on the offender in respect of the offence.

(2) Section 380 (order for payment by parent or guardian) applies to the fine.

(3) Subsections (4) to (6) apply for the purposes of any order made under section 380 against the offender's parent or guardian.

(4) The following provisions are to be read as if any reference to the financial circumstances of the offender were a reference to the financial circumstances of the offender's parent or guardian—

(a) section 124 (duty of court to inquire into individual offender's financial circumstances);

(b) subsections (2) and (3) of section 125 (fixing of fine: exercise of court's powers).

This is subject to subsection (7).

(5) Section 126 (power to determine financial circumstances where offender is absent or fails to provide information) does not apply (but see section 382).

(6) The reference to the offender's means in section 125(4) (insufficient means to pay fine and surcharge) is to be read as a reference to the means of the offender's parent or guardian.

(7) For the purposes of any order under section 380 made against a local authority, section 124 does not apply.

Commencement Information

I128 S. 128 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

129 Fine imposed on offender by Crown Court: duty to make term in default order E+W

(1) This section applies when the Crown Court imposes a fine on an offender who is aged 18 or over when convicted of the offence.

But it does not apply in relation to a fine imposed by the Crown Court on appeal against a decision of a magistrates' court.

(2) Subsections (3) to (5) also apply in relation to a fine imposed on such an offender—

(a) by the criminal division of the Court of Appeal, or

(b) by the Supreme Court on appeal from that division.

(3) The court must make an order (a “term in default order”) fixing a term—

(a) of imprisonment, or

(b) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

which the offender is to undergo if any sum which the offender is liable to pay is not duly paid or recovered.

(4) Column 3 of the following table sets out the maximum term of imprisonment or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 which may be fixed by a term in default order in relation to a sum that is—

(a) more than the corresponding entry (if any) in column 1, but

(b) not more than the corresponding entry (if any) in column 2.

Amount of sum		Maximum term
More than	Not more than
	£200	7 days
£200	£500	14 days
£500	£1,000	28 days
£1,000	£2,500	45 days
£2,500	£5,000	3 months
£5,000	£10,000	6 months
£10,000	£20,000	12 months
£20,000	£50,000	18 months
£50,000	£100,000	2 years
£100,000	£250,000	3 years
£250,000	£1,000,000	5 years
£1,000,000		10 years.

(5) The offender may not be committed to prison, or detained, by virtue of a term in default order on the same occasion as the fine is imposed unless—

(a) the offence to which the fine relates is punishable with imprisonment and the offender appears to the court to have sufficient means to pay the sum forthwith,

(b) it appears to the court that the offender is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods,

(c) on that occasion the court sentences the offender to immediate imprisonment, custody for life or detention in a young offender institution for that or another offence, or

(d) the offender is already serving a sentence of custody for life or a term—

(i) of imprisonment,

(ii) of detention in a young offender institution, or

(iii) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in default).

(6) Where any person liable for the payment of a fine to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term (“the current term”)—

(a) of imprisonment,

(b) of detention in a young offender institution, or

(c) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in default),

the court may order that any term of imprisonment or detention fixed by a term in default order is not to begin to run until after the end of the current term.

(7) Nothing in any enactment which authorises the Crown Court to deal with an offender in any way in which a magistrates' court might have dealt, or could deal, with the offender restricts the powers conferred by this section.

This is subject to subsection (8).

(8) Where—

(a) the Crown Court imposes a fine in exercise of powers to deal with an offender in any way in which a magistrates' court might have dealt, or could deal, with the offender, and

(b) section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines) specifies a period that would have applied to the fine had it been imposed by a magistrates' court,

the term imposed by the Crown Court under subsection (3) in relation to the fine must not exceed that period.

(9) For the purposes of any reference in this section, however expressed, to the term of imprisonment or other detention—

(a) to which a person has been sentenced, or

(b) which, or part of which, the person has served,

consecutive terms and terms which are wholly or partly concurrent are treated as a single term, unless the context otherwise requires.

(10) Any reference in this section, however expressed, to a previous sentence is to be read as a reference to a previous sentence passed by a court in Great Britain.

Modifications etc. (not altering text)

C13 S. 129(4) applied by 2006 c. 52, s. 269B(4) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 65 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C14 S. 129(4) applied by 2006 c. 52, s. 269A(2) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 64 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I129 S. 129 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

130 Fine imposed by Crown Court: power to allow time for payment or payment by instalments E+W

When the Crown Court imposes a fine on an offender, it may make an order—

(a) allowing time for the payment of the fine, or

(b) directing payment of the fine by instalments of the amounts and on the dates specified in the order.

Commencement Information

I130 S. 130 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

131 Fine imposed by Crown Court: power to search offender E+W

See section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 for the power of the Crown Court to search an offender on whom it imposes a fine.

Commencement Information

I131 S. 131 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

132 Enforcement of fines imposed on offenders by Crown Court E+W

(1) A fine imposed on an offender by the Crown Court is to be treated for the purposes of collection, enforcement and remission as having been imposed—

(a) by a magistrates' court specified in an order made by the Crown Court, or

(b) if no such order is made, by the magistrates' court by which the offender was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998,

and as having been so imposed on conviction by the magistrates' court in question.

This is subject to subsection (5).

(2) Subsection (3) applies where a magistrates' court issues a warrant of commitment on a default in the payment of a fine imposed by the Crown Court on an offender.

(3) The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the offender is liable to serve is to be—

(a) the term fixed by the Crown Court under section 129(3), or

(b) if that term has been reduced under section 79(2) of the Magistrates' Courts Act 1980 (part payment) or section 85(2) of that Act (remission), that term as so reduced,

even if that term exceeds the period applicable to the case under section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines).

(4) Subsections (1) to (3) apply in relation to a fine imposed on an offender—

(a) by the criminal division of the Court of Appeal, or

(b) by the Supreme Court on appeal from that division,

as they apply in relation to a fine imposed by the Crown Court.

References in those subsections to the Crown Court (except the reference in subsection (1)(b)) are to be read accordingly.

(5) A magistrates' court must not, under section 85(1) of the Magistrates' Courts Act 1980 as applied by subsection (1), remit the whole or any part of a fine imposed by—

(a) the Crown Court,

(b) the criminal division of the Court of Appeal, or

(c) the Supreme Court on appeal from that division,

without the consent of the Crown Court.

(6) Where payment of a fine is enforceable by a magistrates' court by virtue of this section, the fine is to be treated for the purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as having been imposed by a magistrates' court.

Commencement Information

I132 S. 132 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Compensation orders

Compensation orders E+W

133 Compensation order E+W

In this Code “compensation order” means an order under this Chapter made in respect of an offender for an offence that requires the offender—

(a) to pay compensation for any personal injury, loss or damage resulting from—

(i) the offence, or

(ii) any other offence which is taken into consideration by the court in determining the sentence for the offence, or

(b) to make payments for—

(i) funeral expenses, or

(ii) bereavement,

in respect of a death resulting from any such offence.

Commencement Information

I133 S. 133 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making a compensation order E+W

134 Compensation order: availability E+W

(1) A compensation order is available to a court by or before which an offender is convicted of an offence.

This is subject to section 136 (road accidents).

(2) Where a compensation order is available, the court may make such an order whether or not it also deals with the offender for the offence in any other way.

Commencement Information

I134 S. 134 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

135 Making a compensation order E+W

(1) A compensation order must specify the amount to be paid under it.

(2) That amount must be the amount that the court considers appropriate, having regard to any evidence and any representations that are made by or on behalf of the offender or the prosecution.

But see also sections 136 to 139.

(3) In determining—

(a) whether to make a compensation order against an offender, or

(b) the amount to be paid under such an order,

the court must have regard to the offender's means, so far as they appear or are known to the court.

(4) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the offender has insufficient means to pay both an appropriate fine and appropriate compensation,

the court must give preference to compensation (though it may impose a fine as well).

(5) For modifications of this section where the court also makes an order under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge), see section 140.

(6) For the effect of proceedings in relation to confiscation orders on the court's powers in relation to compensation orders, see the following provisions of the Proceeds of Crime Act 2002—

(a) section 13(4) (where confiscation order has been made);

(b) section 15 (where proceedings on a confiscation order have been postponed).

Commencement Information

I135 S. 135 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Particular cases E+W

136 Road accidents E+W

(1) A compensation order may not be made in respect of funeral expenses or bereavement in respect of a death due to a road accident.

(2) A compensation order may be made in respect of injury, loss or damage due to a road accident only if it is in respect of—

(a) loss suffered by a person's dependants in consequence of the person's death,

(b) damage which is treated by section 137 as resulting from an offence under the Theft Act 1968 or Fraud Act 2006, or

(c) uninsured harm.

(3) In subsection (2), “uninsured harm” means injury, loss or damage as respects which—

(a) the offender was uninsured in relation to the use of the vehicle in question, and

(b) compensation is not payable under any arrangements to which the Secretary of State is a party.

An offender is not uninsured in relation to the use of a vehicle for this purpose if that use of it is exempted from insurance by section 144 of the Road Traffic Act 1988.

(4) Where a compensation order is made in respect of injury, loss or damage due to a road accident, the amount to be paid may include an amount representing all or part of any loss of, or reduction in, preferential rates of insurance attributable to the accident.

(5) In this Chapter, “road accident” means an accident arising out of the presence of a motor vehicle on a road.

Commencement Information

I136 S. 136 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

137 Damage to property and clean-up costs resulting from certain offences E+W

(1) Subsection (2) applies in the case of an offence under the Theft Act 1968 or Fraud Act 2006, where the property in question is recovered.

(2) Any damage to the property occurring while it was out of the owner's possession is to be treated for the purposes of section 133 as having resulted from the offence.

This applies regardless of how the damage was caused and who caused it.

(3) Section 29 of the Ancient Monuments and Archaeological Areas Act 1979 makes provision about the person in whose favour a compensation order relating to certain offences involving damage to monuments [F46 in England is to be made, and section 59 of the Historic Environment (Wales) Act 2023 makes equivalent provision for monuments in Wales].

(4) Section 33B of the Environmental Protection Act 1990 (clean-up costs) provides for certain costs connected with certain offences relating to waste to be loss or damage resulting from those offences for the purposes of section 133.

Textual Amendments

F46 Words in s. 137(3) substituted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 196 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Commencement Information

I137 S. 137 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

138 Funeral expenses and bereavement: cases other than road accidents E+W

(1) A compensation order in respect of funeral expenses may be made for the benefit of anyone who incurred the expenses.

(2) A compensation order in respect of bereavement may be made only for the benefit of a person for whose benefit a claim for damages for bereavement could be made under section 1A of the Fatal Accidents Act 1976.

(3) The amount to be paid in respect of bereavement under a compensation order must not exceed the amount for the time being specified in section 1A(3) of that Act.

(4) This section is subject to section 136(1) (compensation order not available in respect of bereavement or funeral expenses in respect of a death due to a road accident).

Commencement Information

I138 S. 138 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Compensation orders made in respect of young offenders E+W

139 Limit on compensation payable under compensation order of magistrates' court in case of young offender E+W

(1) This section applies where—

(a) a magistrates' court is dealing with an offender for one or more offences (each, a “main offence”) of which the offender was convicted when aged under 18, and

(b) the court makes a compensation order in respect of—

(i) a main offence, or

(ii) any offence taken into consideration by the court in determining sentence for a main offence (a “TIC offence”).

(2) The compensation in respect of a main offence must not exceed £5,000.

(3) The total compensation in respect of main offences and TIC offences must not exceed £5,000 multiplied by the number of main offences.

(4) This section is subject to section 33B(5) of the Environmental Protection Act 1990 (clean-up costs relating to certain offences relating to waste).

Commencement Information

I139 S. 139 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

140 Compensation order: order for payment by parent or guardian E+W

(1) This section applies where—

(a) a court makes or is proposing to make a compensation order in respect of an offence, and

(b) the offender is aged under 18 when convicted.

(2) Section 380 (order for payment by parent or guardian) applies to the amount to be paid under any such compensation order.

(3) Subsection (4) applies for the purposes of any order made under section 380 against the offender's parent or guardian.

(4) The references in subsections (3) and (4) of section 135 (taking account of offender's means in determining amount of compensation) to the offender's means are to be read as references to the means of the offender's parent or guardian.

This is subject to subsection (5).

(5) For the purposes of any order made under section 380 against a local authority, section 135(3) does not apply.

Commencement Information

I140 S. 140 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Compensation orders: supplementary E+W

141 Compensation orders: suspension of entitlement and appeals etc E+W

(1) A person in whose favour a compensation order is made is not entitled to receive the amount due to the person until there is no further possibility of the order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time).

(2) Criminal Procedure Rules may make provision about the way in which the appropriate court is to deal with money paid in satisfaction of a compensation order where the entitlement of the person in whose favour it was made is suspended under subsection (1).

(3) The Court of Appeal may by order annul or vary any compensation order made by the Crown Court, even if the conviction is not quashed.

(4) Where a compensation order is annulled or varied under subsection (3)—

(a) the compensation order—

(i) if annulled, is not to take effect;

(ii) if varied, is to take effect as varied;

(b) the Court of Appeal must also vary any order previously made under section 42 (court's duty to order payment of surcharge) so as to secure that the offender's liability under that order is the same as it would have been if the offender were being dealt with by the Crown Court.

(5) Where the Supreme Court restores a conviction, it may make any compensation order which the court of trial could have made.

(6) Where the Supreme Court makes an order under subsection (5), it must also—

(a) make an order under section 42, or

(b) vary any order previously made under that section,

so as to secure that the offender's liability under the order under that section is the same as it would have been if the offender were being dealt with by the Crown Court.

(7) Where, in any proceedings in which an offender is convicted of one or more offences (each, a “main offence”), a compensation order is made against the offender in respect of an offence taken into consideration in determining sentence—

(a) the order ceases to have effect if the offender successfully appeals against conviction of the main offence or, if more than one, all the main offences;

(b) the offender may appeal against the order as if it were part of the sentence imposed in respect of the main offence or, if more than one, any of the main offences.

Modifications etc. (not altering text)

C15 S. 141 applied (with modifications) by 2015 c. 30, s. 10(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 293(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C16 Ss. 141-143 applied (with modifications) by 2013 c. 3, s. 4(12) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 290 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I141 S. 141 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

142 Limit on compensation payable under compensation order of magistrates' court: offences committed before 11 December 2013 E+W

(1) This section applies where—

(a) a magistrates' court is dealing with an offender for—

(i) an offence which was committed before 11 December 2013 (a “relevant offence”), or

(ii) one or more relevant offences, and

(b) the court makes a compensation order in respect of—

(i) any relevant offence,

(ii) any offence taken into consideration by the court in determining sentence for a relevant offence.

(2) The compensation in respect of a relevant offence must not exceed the maximum amount.

(3) The total compensation in respect of the offences taken into account in determining sentence for the relevant offence or relevant offences must not exceed the difference between—

(a) the relevant limit, and

(b) the total compensation in respect of the relevant offences.

(4) In this section—

(a) the relevant limit is the aggregate of the maximum amounts for each relevant offence;

(b) “the maximum amount” in relation to a relevant offence means the amount specified in column 2 of the following table for an offence committed on the date of the relevant offence—

Date of commission of main offence	Maximum amount
Before 1 December 1977	£400
On or after 1 December 1977 but before 1 May 1984	£1,000
On or after 1 May 1984 but before 1 October 1992	£2,000
On or after 1 October 1992 but before 11 December 2013	£5,000.

(5) This section is subject to section 33B(5) of the Environmental Protection Act 1990 (clean-up costs relating to certain offences relating to waste).

Modifications etc. (not altering text)

C16 Ss. 141-143 applied (with modifications) by 2013 c. 3, s. 4(12) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 290 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I142 S. 142 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

143 Review of compensation orders E+W

(1) This section applies where—

(a) a compensation order has been made,

(b) there is no further possibility of the compensation order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time), and

(c) the person against whom it was made has not paid into court the whole of the amount required to be paid under the order.

(2) The appropriate court may, on the application of the person against whom the order was made—

(a) discharge the order, or

(b) reduce the amount which remains to be paid.

This is subject to subsection (3).

(3) The appropriate court may exercise that power only—

(a) if it appears to the court that the injury, loss or damage in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the order,

(b) if, in the case of a compensation order in respect of the loss of any property, it appears to the court that the property has been recovered by the person in whose favour the order was made, or

(c) if—

(i) it appears to the court that the means of the person against whom the order was made are insufficient or have been reduced (see subsections (5) and (6)), and

(ii) where the compensation order was made by the Crown Court, the appropriate court has obtained the consent of the Crown Court.

(4) Subsections (5) to (7) apply for the purposes of subsection (3)(c).

(5) The person's means are “insufficient” if they are not sufficient to satisfy in full—

(a) the compensation order, and

(b) every order of any of the following kinds made against the person in the same proceedings—

(i) a confiscation order under Part 6 of the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act 2002;

(ii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(iii) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(6) The person's means “have been reduced” if they—

(a) have unexpectedly been substantially reduced since the compensation order was made, and

(b) seem unlikely to increase for a considerable period.

(7) If the compensation order was made on appeal it is to be treated—

(a) if made on an appeal from a magistrates' court, as if made by that magistrates' court;

(b) if made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

as if made by the Crown Court.

Modifications etc. (not altering text)

C16 Ss. 141-143 applied (with modifications) by 2013 c. 3, s. 4(12) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 290 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C17 S. 143 applied (with modifications) by 2015 c. 30, s. 10(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 293(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I143 S. 143 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

144 Effect of compensation order on subsequent award of damages in civil proceedings E+W

(1) This section has effect where—

(a) a compensation order has been made in favour of any person in respect of any injury, loss or damage, and

(b) a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.

(2) The damages in the civil proceedings must be assessed without regard to the order.

(3) But the claimant may recover only an amount equal to the aggregate of—

(a) any amount by which the damages assessed exceed the compensation, and

(b) a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).

(4) The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.

Modifications etc. (not altering text)

C18 S. 144 applied (with modifications) by 2015 c. 30, s. 10(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 293(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I144 S. 144 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

145 Compensation orders: interpretation E+W

(1) In this Chapter—

• “appropriate court”, in relation to a compensation order, means the magistrates' court which, by virtue of section 41(1) of the Administration of Justice Act 1970, for the time being has functions in relation to collection and enforcement of the order;

• “road accident” has the meaning given by section 136.

(2) For the purposes of this Chapter a compensation order is made in respect of an offence if it relates to personal injury, loss, damage or death resulting from that offence.

For this purpose, “offence” includes an offence taken into consideration by a court when sentencing an offender for an offence of which the offender has been convicted.

Commencement Information

I145 S. 145 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Compensation etc under other Acts E+W

146 Compensation etc under other Acts E+W

For provision about other orders requiring payment of compensation etc that are available to courts dealing with offenders for particular offences, see—

Power to make order	Description of order
section 8 of the Modern Slavery Act 2015	slavery and trafficking reparation order where person convicted of offence under section 1, 2 or 4 of that Act
section 4 of the Prevention of Social Housing Fraud Act 2013	unlawful profit order on conviction of offence under section 1 or 2 of that Act or certain associated offences.

Commencement Information

I146 S. 146 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Restitution and restoration

147 Restitution order where goods stolen or obtained by blackmail or fraud E+W

(1) In this Code, “restitution order” means an order made in an offender's case with respect to particular goods (referred to in this section as “the stolen goods”) that—

(a) requires anyone who has possession or control of the stolen goods (“the holder”) to restore them to any other person entitled to recover them from the holder,

(b) requires any other goods representing the stolen goods to be transferred or delivered to any person entitled to recover those other goods from the offender,

(c) requires payment of a sum out of any removed money to any person who would be entitled to recover the stolen goods from the offender if they were in the offender's possession, or

(d) requires payment of a sum out of any removed money to—

(i) any person to whom the offender has sold the stolen goods, or

(ii) any person from whom the offender has borrowed money on the security of the stolen goods.

(2) For the purposes of subsection (1)—

(a) goods represent the stolen goods if they are the proceeds of disposal or realisation of all or part of the stolen goods, or of other goods which represent the stolen goods;

(b) “removed money” means money of the offender which was taken out of the offender's possession when the offender was apprehended.

Commencement Information

I147 S. 147 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

148 Restitution order: availability E+W

(1) A restitution order with respect to particular goods is available to a court in an offender's case where—

(a) the goods have been stolen, and

(b) either—

(i) the offender is convicted by or before the court of an offence with reference to the theft of the goods, whether or not the stealing was the gist of it (an “offence related to the theft”), or

(ii) the court takes an offence related to the theft into consideration in determining sentence for any other offence of which the offender is convicted by or before the court.

(2) A restitution order under section 147(1)(b) is available only on the application of the person in whose favour it is to be made.

(3) A restitution order with respect to any goods under section 147(1)(d) is available only if the court has made a restitution order under section 147(1)(a) with respect to the goods.

(4) Making a deferment order, or otherwise deferring sentence, does not preclude a court from making a restitution order.

Commencement Information

I148 S. 148 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

149 Making a restitution order E+W

(1) This section applies where a restitution order is available to a court in an offender's case.

(2) The court may make a restitution order only if in the opinion of the court the relevant facts sufficiently appear from any of the following—

(a) evidence given at the trial;

(b) any written statements or admissions which were made for use, and would have been admissible, as evidence at the trial;

(c) any documents served on the offender in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons sent for trial);

(d) admissions made by or on behalf of any person in connection with any proposed exercise of the powers to make a restitution order.

(3) If the court makes restitution orders under paragraphs (b) and (c) of section 147(1) in respect of the theft of the same goods, they must not result in the person in whose favour they are made recovering more than the value of those goods.

(4) A restitution order under section 147(1)(c) may not require payment of more than the value of the stolen goods.

(5) Subsections (6) and (7) apply in relation to making to a restitution order under section 147(1)(d) in relation to any goods.

(6) The court may make the restitution order only if satisfied that—

(a) the purchaser was acting in good faith when purchasing the goods, or

(b) the lender was acting in good faith when lending money on the security of the goods.

(7) The restitution order may not require payment of more than—

(a) the amount which the purchaser paid for the purchase, or

(b) the amount owed to the lender in respect of the loan.

Commencement Information

I149 S. 149 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

150 Restitution orders: supplementary provision about appeals E+W

(1) Subsections (2) and (3) apply where a restitution order has been made in an offender's case against any person.

Order in respect of offence taken into consideration

(2) Subsection (3) applies where the restitution order was made in respect of an offence taken into consideration by the court in determining sentence for one or more other offences of which the offender was convicted (each, a “main offence”).

(3) The restitution order ceases to have effect if the offender successfully appeals against conviction of the main offence or, if more than one, all the main offences.

Initial period of suspension

(4) Subsection (5) applies to a restitution order made by a magistrates' court, unless the court directs under subsection (6) that it is not to apply.

(5) The restitution order does not take effect until there is no further possibility of the order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time).

(6) A magistrates' court may direct that subsection (5) is not to apply to a restitution order if—

(a) the restitution order is made under section 147(1)(a) or (b), and

(b) the court is of the opinion that the title to the goods to be restored or, as the case may be, delivered or transferred under the order is not in dispute.

(7) A restitution order is to be treated as an order for the restitution of property for the purposes of section 30 of the Criminal Appeal Act 1968 (effect of appeals on such orders).

(8) See, in particular, subsection (1) of that section for provision about—

(a) the initial period of suspension of a restitution order made by the Crown Court, and

(b) the Crown Court's power to direct that the initial period of suspension is not to apply.

Commencement Information

I150 S. 150 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

151 Restitution orders: interpretation and application E+W

(1) In this Chapter, references to stealing are to be read in accordance with—

(a) section 1(1) of the Theft Act 1968 (read with the provisions of that Act relating to the construction of section 1(1)), and

(b) subsections (2) and (3).

(See also section 119(2) of the Consumer Credit Act 1974, which treats unreasonable refusal to deliver pawn as stealing for the purposes of this Chapter.)

(2) In this Chapter, references to goods which have been stolen include references to goods which have been obtained—

(a) by blackmail, or

(b) by fraud (within the meaning of the Fraud Act 2006);

and references to “stealing” and “theft” are to be read accordingly.

(3) In determining for the purposes of this Chapter whether goods have been stolen, it is immaterial whether the stealing occurred—

(a) before or after the Theft Act 1968, or the Fraud Act 2006, came into force, or

(b) in England and Wales or elsewhere,

provided that the stealing (if not an offence under either of those Acts) amounted to an offence where and when the goods were stolen.

(4) In this Chapter, “goods”, except so far as the context otherwise requires, includes money and every other description of property (within the meaning of the Theft Act 1968) except land, and includes things severed from the land by stealing.

(5) A restitution order may be made in respect of money owed by the Crown.

Commencement Information

I151 S. 151 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 4 E+W Forfeiture, deprivation of property etc

152 Deprivation order E+W

In this Code “deprivation order” means an order under this Chapter which—

(a) is made in respect of an offender for an offence, and

(b) deprives the offender of any rights in the property to which it relates.

Commencement Information

I152 S. 152 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

153 Deprivation order: availability E+W

(1) A deprivation order relating to any property to which subsection (2) applies is available to the court by or before which an offender is convicted of an offence.

(2) This subsection applies to property which—

(a) has been lawfully seized from the offender, or

(b) was in the offender's possession or under the offender's control when—

(i) the offender was apprehended for the offence, or

(ii) a summons in respect of it was issued,

if subsection (3) or (5) applies.

(3) This subsection applies if the court is satisfied that the property—

(a) has been used for the purpose of committing, or facilitating the commission of, any offence, or

(b) was intended by the offender to be used for that purpose.

(4) For the purposes of subsection (3), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—

(a) disposing of any property to which the offence relates, or

(b) avoiding apprehension or detection.

(5) This subsection applies if—

(a) the offence mentioned in subsection (1), or

(b) an offence which is taken into consideration by the court in determining the offender's sentence,

consists of unlawful possession of the property.

(6) Subsection (1) is subject to—

(a) any restriction on forfeiture in any enactment contained in an Act passed on or after 29 July 1988,

(b) section 33C(8) of the Environmental Protection Act 1990 (subsection (1) not to apply where section 33C of that Act provides for forfeiture of vehicles in connection with offence under that section), and

(c) paragraph 7 of Schedule 5 to the Wireless Telegraphy Act 2006 (subsection (1) not to apply where person convicted of offence under Part 2, 3 or 5 of that Act).

Commencement Information

I153 S. 153 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

154 Vehicle to be treated as used for purpose of certain offences E+W

(1) This section applies where a person commits an offence listed in subsection (2) by—

(a) driving, attempting to drive, or being in charge of, a vehicle,

(b) failing to comply with a requirement made under section 7 or 7A of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test or to give permission for such a test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive, or being in charge of, a vehicle, or

(c) failing, as the driver of a vehicle, to comply with subsection (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident).

(2) Those offences are—

(a) an offence under the Road Traffic Act 1988 which is punishable with imprisonment;

(b) an offence of manslaughter;

(c) an offence under section 35 of the Offences against the Person Act 1861 (wanton and furious driving).

(3) The vehicle is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

Commencement Information

I154 S. 154 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

155 Exercise of power to make deprivation order E+W

(1) In considering whether to make a deprivation order in respect of any property, a court must have regard to—

(a) the value of the property, and

(b) the likely financial and other effects on the offender of making the order (taken together with any other order that the court contemplates making).

(2) Where a deprivation order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.

(3) For the effect of proceedings relating to confiscation orders on the court's powers under this section, see the following provisions of the Proceeds of Crime Act 2002—

(a) section 13(2) (where confiscation order is made);

(b) section 15 (where proceedings in relation to confiscation orders are postponed).

Commencement Information

I155 S. 155 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

156 Deprivation order: property to be taken into possession of police or Secretary of State E+W

(1) Where the court makes a deprivation order in respect of an offender for an offence, this section applies to the property to which the order relates.

(2) If the court considers that the offence—

(a) related to immigration or asylum, or

(b) was committed for a purpose in connection with immigration or asylum,

it may order that the property is to be taken into the possession of the Secretary of State.

(3) Property that is taken into the possession of the Secretary of State by virtue of subsection (2) is to be treated for the purposes of section 26 of the UK Borders Act 2007 (disposal of property) as property that has come into the possession of the Secretary of State as mentioned in subsection (1)(b) of that section.

(4) Unless the court makes an order under subsection (2), the property is to be taken into the possession of the police (if it is not already in their possession).

Commencement Information

I156 S. 156 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

157 Property to which a deprivation order applies: orders by magistrates' court E+W

(1) This section applies where property to which a deprivation order relates is in the possession of the police by virtue of section 156(4).

(2) A magistrates' court may, on the application of a police officer or a claimant of the property—

(a) order the delivery of the property to the person appearing to the court to be its owner, or

(b) if its owner cannot be ascertained, make any other order about the property.

This is subject to subsection (3).

(3) If the application is made by a claimant of the property, the court may make an order under subsection (2) only if—

(a) the application is made before the end of the period of 6 months beginning with the day on which the deprivation order is made, and

(b) the claimant satisfies the court—

(i) that the claimant did not consent to the offender's possession of the property, or

(ii) if the deprivation order was made by virtue of section 153(3) (property used for purposes of offence), that the claimant did not know, and had no reason to suspect, that the property was likely to be used for a purpose mentioned in section 153(3).

(4) Any right of a person to take legal proceedings against a person in possession of property by virtue of an order under subsection (2)—

(a) ceases at the end of the 6 month period mentioned in subsection (3)(a), but

(b) is not otherwise affected by the order.

Commencement Information

I157 S. 157 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

158 Regulations about unclaimed property to which deprivation order applies E+W

(1) The property about which regulations under section 2 of the Police (Property) Act 1897 (disposal of unclaimed property in possession of the police) may be made includes property which is in the possession of the police by virtue of section 156(4) and in respect of which—

(a) no application under section 157 was made by a claimant of the property during the 6 month period mentioned in subsection (3)(a) of that section, or

(b) no such application has succeeded.

(2) Where section 2 of the Police (Property) Act 1897 applies by virtue of this section the restrictions in subsections (2A)(a) and (3) of that section (restrictions about dealing with property within a year) do not apply.

(3) Regulations made by virtue of this section may not provide for the local policing body to become the owner of property which is the subject of an order under section 159 (court order as to application of property subject to deprivation order).

Commencement Information

I158 S. 158 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

159 Application of proceeds of property subject to deprivation order E+W

(1) This section applies where a court makes a deprivation order in respect of any property and—

(a) the offence was one which resulted in a person suffering personal injury, loss or damage, or

(b) any such offence is taken into consideration by the court in determining sentence.

(2) The court may also make an order that any proceeds which—

(a) arise out of the disposal of the property, and

(b) do not exceed a sum specified by the court,

are to be paid to the person.

(3) The court may make an order under this section only if it is satisfied that, but for the inadequacy of the offender's means, it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the amount specified under subsection (2)(b).

(4) An order under this section has no effect—

(a) before the end of the 6 month period mentioned in section 157(3)(a), or

(b) if a successful application under—

(i) section 157, or

(ii) section 1(1) of the Police (Property) Act 1897,

has been made.

Commencement Information

I159 S. 159 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

160 Orders for forfeiture etc under other Acts E+W

(1) For circumstances in which the court may be required to order forfeiture of certain material, see—

Function of making order	Description of order
section 4A(1) of the Dangerous Dogs Act 1991	certain offences under that Act: contingent order for destruction of dog
section 25 or 29I of the Public Order Act 1986	forfeiture of written material or recordings to which certain offences under Part 3 or 3A of that Act apply (racial or religious hatred or hatred on grounds of sexual orientation)
section 1(4) of the Obscene Publications Act 1964	forfeiture of articles seized under section 3 of the Obscene Publications Act 1959 where person convicted under section 2 of that Act.

(2) For provision about other forfeiture orders and deprivation orders etc that are available to courts dealing with offenders for particular offences, see—

Power to make order	Description of order
section 18 of the Cultural Property (Armed Conflicts) Act 2017	offence under section 17 of that Act: forfeiture of unlawfully exported property
section 11 of the Modern Slavery Act 2015	forfeiture of vehicle, ship or aircraft on conviction of offence under section 2 of that Act (human trafficking)
sections 7 and 11A of the Terrorism Act 2006	forfeiture of certain things in offender's possession for purposes of offence under— (a) section 6 of that Act (training for terrorism), or (b) section 9 or 10 of that Act (misuse of or threats connected with radioactive device or material)
sections 33, 35, 37, 38 and 40 of the Animal Welfare Act 2006	deprivation and destruction of animals and equipment on conviction of certain offences under that Act
section 23 of the Terrorism Act 2000	forfeiture of money and property on conviction of certain offences under that Act (terrorist property offences)
section 23A of the Terrorism Act 2000	forfeiture of money and property on conviction of— (a) certain offences under that Act or the Terrorism Act 2006, or (b) offences F47 ... which have a terrorist connection
section 120A of the Terrorism Act 2000	supplementary power to forfeit items on conviction of certain offences under that Act (weapons training and possessing things and collecting information for the purposes of terrorism)
section 6 of the Knives Act 1997	offences under sections 1 and 2 of that Act: forfeiture of knives and publications
sections 4 and 4A(4) of the Dangerous Dogs Act 1991	order for destruction of dog, or contingent destruction order, on conviction of certain offences under that Act
section 33C of the Environmental Protection Act 1990	deprivation of rights in vehicle used for certain offences under— (a) section 33 of that Act, or (b) the Environmental Permitting Regulations consisting of the disposal or deposit of waste
section 6 of the Crossbows Act 1987	offence under that Act: forfeiture or disposal of crossbow or any part
section 7 of the Forgery and Counterfeiting Act 1981	order for forfeiture of objects relating to offences under Part 1 of that Act (forgery and kindred offences)
section 24(3) of the Forgery and Counterfeiting Act 1981	forfeiture of anything related to an offence under section 19 of that Act (reproducing British currency notes or making imitation British coins)
section 42(3) of the Health and Safety at Work etc Act 1974	offence under relevant statutory provisions (within the meaning of that Act): forfeiture of explosive article or substance
section 25C of the Immigration Act 1971	forfeiture of ship, vehicle or aircraft connected with offence under section 25, 25A or 25B of that Act (assisting unlawful immigration to member State or entry to the UK in certain circumstances)
section 27 of the Misuse of Drugs Act 1971	forfeiture order in case of certain offences under— (a) that Act, or (b) certain provisions of the Proceeds of Crime Act 2002
section 52 of the Firearms Act 1968	forfeiture and disposal of firearm in certain cases including— (a) offences under that Act, (b) offence for which custodial sentence is imposed, (c) certain offences under the Violent Crime Reduction Act 2006, and (d) other circumstances where conditions are imposed on offender with respect to firearms
section 3 of the Children and Young Persons (Harmful Publications) Act 1955	forfeiture of copies of work to which the Act applies and other articles on conviction under section 2 of that Act
section 1(2) of the Prevention of Crime Act 1953	offence under section 1(1) of that Act (carrying offensive weapon without reasonable excuse or lawful authority)
section 3 of the Incitement to Disaffection Act 1934	power to order destruction etc of documents connected with offence under that Act.

(3) Nothing in this section is to be taken to affect—

(a) the power of a court to make an order under this Chapter,

(b) any function of a court of making an order mentioned in the table in subsection (1) or (2), or

(c) any other power or duty of a court to make an order for the forfeiture or destruction of any material.

Textual Amendments

F47 Words in s. 160(2) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 6(2)

Modifications etc. (not altering text)

C19 S. 160: power to exclude conferred by 2006 c. 52, Sch. 6A para. 13 (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I160 S. 160 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

161 Confiscation orders under other Acts E+W

For provision about confiscation orders, see—

(a) the Proceeds of Crime Act 2002, or

(b) in relation to an offence committed before 24 March 2003—

(i) the Drug Trafficking Act 1994;

(ii) Part 6 of the Criminal Justice Act 1988.

Commencement Information

I161 S. 161 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+W Disqualification

CHAPTER 1 E+W Driving disqualification

162 Driving disqualification order E+W

In this Code “driving disqualification order” means an order made under this Chapter in respect of an offender that the offender is disqualified, for the period specified in the order, for holding or obtaining a driving licence.

Commencement Information

I162 S. 162 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

163 Driving disqualification: availability for any offence E+W

(1) A driving disqualification order is available to the court by or before which an offender is convicted of an offence if—

(a) the offence was committed on or after 1 January 1998, and

(b) the court 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).

(2) Where a driving disqualification order is available by virtue of this section, the court may make a driving disqualification order whether or not it also deals with the offender for the offence in any other way.

Commencement Information

I163 S. 163 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

164 Driving disqualification order: availability where vehicle used for purposes of crime E+W

(1) A driving disqualification order is available also where—

(a) an offender is convicted on indictment of an offence,

(b) the offence is punishable on indictment with imprisonment for a term of 2 years or more, and

(c) the Crown Court is satisfied that a motor vehicle was used (by the offender or by anyone else) for the purpose of committing, or facilitating the commission of, the offence.

(2) For the purposes of subsection (1), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—

(a) disposing of any property to which the offence relates, or

(b) avoiding apprehension or detection.

(3) A driving disqualification order is available to the court by or before which an offender is convicted of an offence also where—

(a) the offence is—

(i) common assault, or

(ii) any other offence involving an assault (including an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) related to, or incitement to commit, an offence),

(b) the offence was committed on or after 1 July 1992, and

(c) the court is satisfied that the assault was committed by driving a motor vehicle.

Commencement Information

I164 S. 164 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

165 Disqualification period E+W

Where a court makes a driving disqualification order in respect of an offender for an offence, the disqualification period must be such period as the court considers appropriate.

Commencement Information

I165 S. 165 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

166 Extension of disqualification where custodial sentence also imposed E+W

(1) This section applies where a court—

(a) imposes a custodial sentence on an offender for an offence, and

(b) makes a driving disqualification order in respect of the offender for the same offence.

(2) But this section does not apply where the custodial sentence is—

(a) a suspended sentence, or

(b) a life sentence in relation to which the court makes a whole life order under section 321(3).

(3) The disqualification period must be—

(a) the discretionary disqualification period, and

(b) the appropriate extension period.

(4) The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.

(5) The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—

	Sentence	Length of appropriate extension period
1	a detention and training order under section 233 (offenders under 18: detention and training orders)	half the term of the detention and training order
[F48 1A	a sentence of detention under section 252A (special sentence of detention for terrorist offenders of particular concern)	two-thirds of the term imposed pursuant to section 252A(5) (the appropriate custodial term)]
2	an extended sentence of detention under section 254 (persons under 18)	two-thirds of the term imposed pursuant to section 254(a) (the appropriate custodial term)
3	a sentence under section 265 (special custodial sentence for certain offenders of particular concern: adults aged 18 to 20)	[F49 two-thirds of] the term imposed pursuant to section 265(2)(a) (the appropriate custodial term)
4	an extended sentence of detention in a young offender institution	two-thirds of the term imposed pursuant to section 266(a) (the appropriate custodial term)
[F50 4A	a serious terrorism sentence of detention in a young offender institution	the term imposed pursuant to section 268C(2) (the appropriate custodial term)]
5	a sentence under section 278 (special custodial sentence for certain offenders of particular concern: adults aged 21 and over)	[F49 two-thirds of] the term imposed pursuant to section 278(2)(a) (the appropriate custodial term)
6	an extended sentence of imprisonment	two-thirds of the term imposed pursuant to section 279(a) (the appropriate custodial term)
[F51 6A	a serious terrorism sentence of imprisonment	the term imposed pursuant to section 282C(2) (the appropriate custodial term)]
[F52 6B	a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender	two-thirds of the sentence
6C	a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender	two-thirds of the sentence]
7	a life sentence in relation to which a minimum term order is made under section 321(2)	the term specified in the minimum term order
8	any other case	half the custodial sentence imposed.

[F53 (5A) In the case of a sentence specified in entry 2, 4 or 6 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.]

(6) Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.

(7) Where—

(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and

(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”),

the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, [F54 entry] 8 specified the new proportion.

(8) Regulations under subsection (7) are subject to the affirmative resolution procedure.

(9) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by subsection (7).

Textual Amendments

F48 Words in s. 166(5) table inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(6)

F49 Word in s. 166(5) table substituted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(2)(a)(i), 208(4)(q) (with s. 140(3))

F50 Words in s. 166(5) table inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(6)(a)

F51 Words in s. 166(5) table inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(6)(b)

F52 Words in s. 166(5) table inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(2)(a)(ii), 208(4)(q)

F53 S. 166(5A) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(2)(b), 208(4)(q)

F54 Word in s. 166(7) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 4

Commencement Information

I166 S. 166 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

167 Effect of custodial sentence in other cases E+W

(1) This section applies where a court makes a driving disqualification order in respect of an offender for an offence, and—

(a) it imposes a custodial sentence (other than a suspended sentence) on the offender for another offence, or

(b) a custodial sentence previously imposed on the offender has not expired.

(2) In determining the disqualification period, the court must, so far as it is appropriate to do so, have regard to the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

But the court may not take into account for this purpose any custodial sentence that it imposes on the offender for the offence.

(3) In this section, “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).

Commencement Information

I167 S. 167 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

168 Requirement to produce licences where driving disqualification order made E+W

A court which makes a driving disqualification order in respect of an offender must require the offender to produce any (and, if more than one, all) of the following held by the offender—

(a) a driving licence;

(b) a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988);

(c) a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988).

Commencement Information

I168 S. 168 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

169 Driving disqualification orders: interpretation E+W

In this Chapter—

• “disqualification period”, in relation to a driving disqualification order made in respect of an offender, means the period specified in the order as the period for which the offender is disqualified for holding or obtaining a driving licence;

• “driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.

Commencement Information

I169 S. 169 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

170 Road Traffic Offenders Act 1988: further provision about driving disqualification etc E+W

(1) Part 2 of the Road Traffic Offenders Act 1988 makes further provision about driving disqualification.

Provision applying to driving disqualification orders under this Chapter

(2) For provision about the effect of driving disqualification orders under this Chapter see in particular—

(a) section 37 (effect of order of disqualification);

(b) sections 39, 40 and 42 (suspension and removal of disqualification);

(c) section 43 (rule for determining end of period of disqualification).

Other orders under that Act available on conviction of certain offences

(3) For other orders available on conviction of certain road traffic offences see, in particular, the following provisions of that Act—

(a) section 34 (disqualification);

(b) section 35 (disqualification for repeated offences);

(c) section 36 (disqualification until test is passed);

(d) section 44 (endorsement of driving record).

Commencement Information

I170 S. 170 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Disqualification etc under other Acts

171 Offences relating to animals E+W

(1) For orders relating to disqualification and licensing in the case of offences under the Animal Welfare Act 2006, see the following provisions of that Act—

(a) section 34 (disqualification);

(b) section 42 (orders with respect to licences).

(2) See section 4 of the Dangerous Dogs Act 1991 for orders relating to disqualification in the case of offences under that Act.

[F55 (3) See section 66 of the Police, Crime, Sentencing and Courts Act 2022 (disqualification order on conviction for certain offences involving dogs) for orders relating to disqualification in the case of offences involving dogs under that Act, the Night Poaching Act 1828 and the Game Act 1831.]

Textual Amendments

F55 S. 171(3) inserted (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 66(10), 208(1); S.I. 2022/520, reg. 7

Commencement Information

I171 S. 171 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

172 Company directors E+W

See sections 2 and 5 of the Company Directors Disqualification Act 1986 (company director disqualification orders) for provision about orders available in relation to certain offences relating to companies, building societies and other bodies.

Commencement Information

I172 S. 172 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 U.K. Community sentences

CHAPTER 1 E+W Youth rehabilitation orders

What a youth rehabilitation order is E+W

173 Youth rehabilitation order E+W

(1) In this Code, “youth rehabilitation order” means an order imposing one or more youth rehabilitation requirements.

(2) The youth rehabilitation requirements are listed in column 1 of the youth rehabilitation requirements table (see section 174).

(3) Provision about each requirement is made by the Part of Schedule 6 mentioned in the corresponding entry in column 2 of that table.

Commencement Information

I173 S. 173 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

174 Youth rehabilitation requirements table E+W

[F56 (1)] The youth existing rehabilitation requirements table referred to in sections 173, 184 and 186 is—

Requirement	Part of Schedule 6 relating to requirement	Restrictions on availability
activity requirement	Part 1
extended activity requirement	Part 1	section 185(1)
supervision requirement	Part 2
unpaid work requirement	Part 3	section 185(2)
programme requirement	Part 4
attendance centre requirement	Part 5
prohibited activity requirement	Part 6
curfew requirement	Part 7
exclusion requirement	Part 8
residence requirement	Part 9
local authority residence requirement	Part 10
fostering requirement	Part 11	section 175(2)(b), section 185(3)
mental health treatment requirement	Part 12
drug treatment requirement	Part 13
drug testing requirement	Part 14
intoxicating substance treatment requirement	Part 15
education requirement	Part 16
[F57 electronic monitoring requirement] [F57 electronic compliance monitoring requirement]	Part 17	section 185(4)
[F58 electronic whereabouts monitoring requirement	Part 17	section 185(5)]

[F59 (2) See section 198A for provision about an electronic monitoring requirement imposed by a youth rehabilitation order made in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).]

Textual Amendments

F56 S. 174 renumbered as s. 174(1) (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 4(2)

F57 Words in s. 174(1) table substituted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 4(3)(a)

F58 Words in s. 174(1) table inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 4(3)(b)

F59 S. 174(2) inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 4(4)

Commencement Information

I174 S. 174 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

175 Youth rehabilitation order with intensive supervision and surveillance E+W

(1) In this Code “youth rehabilitation order with intensive supervision and surveillance” means a youth rehabilitation order which imposes—

(a) an extended activity requirement (see paragraph 2 of Schedule 6),

(b) a supervision requirement, [F60 and]

(c) a curfew requirement (and, accordingly, if so required by paragraph 19(3) of Schedule 6, an [F61 electronic monitoring requirement] [F61 electronic compliance monitoring requirement])[F62 , and

(d) in relation to an order made on or after the day on which paragraph 16 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, an electronic whereabouts monitoring requirement, unless paragraph 48 of Schedule 6 prevents such a requirement from being imposed.]

(2) A youth rehabilitation order with intensive supervision and surveillance—

(a) may impose other youth rehabilitation requirements, but

(b) may not impose a fostering requirement.

Textual Amendments

F60 Word in s. 175(1)(b) omitted (3.7.2023 in relation to specified areas until 3.1.2025) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(1)(u), Sch. 17 para. 16(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F61 Words in s. 175(1)(c) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 5; S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F62 S. 175(1)(d) and word inserted (3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(1), Sch. 17 para. 16(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I175 S. 175 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

176 Youth rehabilitation order with fostering E+W

(1) In this Code “youth rehabilitation order with fostering” means a youth rehabilitation order which imposes—

(a) a fostering requirement (see Part 11 of Schedule 6), and

(b) a supervision requirement.

(2) A youth rehabilitation order with fostering may also impose other requirements.

But this is subject to section 175(2) (fostering requirement not available with intensive supervision and surveillance).

Commencement Information

I176 S. 176 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Availability E+W

177 Youth rehabilitation order: availability E+W

(1) A youth rehabilitation order is available to a court by or before which an offender is convicted of an offence if the offender is aged under 18 at the time of the conviction.

(2) Subsection (1) is subject to—

(a) subsection (3), and

(b) section 37(8) of the Mental Health Act 1983 (youth rehabilitation order not to be made in combination with hospital order or guardianship order in respect of same offence).

(3) A youth rehabilitation order is not available if a mandatory sentence requirement applies in relation to the offence (see section 399)—

(a) because the sentence is fixed by law, or

(b) by virtue of—

(i) section 258 [F63 or 258A] (required sentence of detention for life), or

(ii) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).

Textual Amendments

F63 Words in s. 177(3)(b)(i) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(2), 208(5)(b)

Commencement Information

I177 S. 177 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

178 Youth rehabilitation order with intensive supervision and surveillance or fostering: availability E+W

(1) A youth rehabilitation order which is—

(a) a youth rehabilitation order with intensive supervision and surveillance, or

(b) a youth rehabilitation order with fostering,

is available only in respect of an imprisonable offence.

(2) This is subject to paragraph 11(2) of Schedule 7 (powers of court in case of wilful and persistent failure to comply with youth rehabilitation order).

Commencement Information

I178 S. 178 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to make youth rehabilitation order E+W

179 Exercise of power to make youth rehabilitation order: general considerations E+W

(1) This section applies where a court is dealing with an offender for an offence and a youth rehabilitation order is available.

(2) The court must not make a youth rehabilitation order unless it is of the opinion that—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it,

was serious enough to warrant the making of such an order.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and any associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(5) The fact that, by virtue of subsection (2), the court may make a youth rehabilitation order does not require it to do so.

(6) Before making a youth rehabilitation order, the court must obtain and consider information about—

(a) the offender's family circumstances, and

(b) the likely effect of a youth rehabilitation order on those circumstances.

Commencement Information

I179 S. 179 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

180 Making youth rehabilitation order with intensive supervision and surveillance or fostering E+W

(1) This section applies where either of the following orders is available to a court dealing with an offender for an offence—

(a) a youth rehabilitation order with intensive supervision and surveillance;

(b) a youth rehabilitation order with fostering.

(2) The court must not make an order of either of those kinds unless it is of the opinion—

(a) that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, if such an order were not available, a custodial sentence—

(i) would be appropriate, or

(ii) where the offender is aged under 12 when convicted, would be appropriate if the offender were aged 12, and

(b) if the offender is aged under 15 when convicted, that the offender is a persistent offender.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

Commencement Information

I180 S. 180 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

181 Making youth rehabilitation order where offender subject to other order E+W

Offender subject to detention and training order

(1) Where a court makes a youth rehabilitation order in respect of an offender who is subject to a detention and training order, the court may order that the youth rehabilitation order is to take effect—

(a) when the period of supervision in respect of the detention and training order begins in accordance with section 242 (the period of supervision), or

(b) on the expiry of the detention and training order.

(2) For the purposes of subsection (1)—

(a) the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (detention and training orders made by service courts), and

(b) the reference to section 242 includes that provision as applied by section 213 of that Act.

(3) For those purposes, the references in subsections (1) and (2) to a detention and training order include an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (and references to section 242 include references to section 103 of that Act).

Offender subject to youth rehabilitation order or reparation order

(4) A court must not make a youth rehabilitation order in respect of an offender when—

(a) another youth rehabilitation order, or

(b) a reparation order,

is in force in respect of the offender, unless when it makes the order it revokes the earlier order.

(5) For the purposes of subsection (4)—

(a) the reference in paragraph (a) to another youth rehabilitation order includes an order under section 1 of the Criminal Justice and Immigration Act 2008, and

(b) the reference in paragraph (b) to a reparation order includes an order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000.

Court dealing with offender for offences including one of which the offender is convicted when aged 18

(6) A court may not make a youth rehabilitation order in respect of an offence if it makes a suspended sentence order for any other offence for which it deals with the offender.

Commencement Information

I181 S. 181 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

182 Youth rehabilitation order: effect of remand in custody E+W

(1) In determining the restrictions on liberty to be imposed by a youth 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—

(a) the offence, or

(b) any other offence the charge for which was founded on the same facts or evidence.

(2) For this purpose a person is remanded in custody if—

(a) remanded in or committed to custody by order of a court,

(b) remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or

(c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.

Commencement Information

I182 S. 182 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

183 Concurrent and consecutive orders E+W

(1) This section applies where a court is dealing with an offender for two or more offences.

(2) If the court makes an order of any of the following kinds in respect of one of the offences—

(a) a youth rehabilitation order with intensive supervision and surveillance,

(b) a youth rehabilitation order with fostering, or

(c) any other youth rehabilitation order,

it may not make a youth rehabilitation order of another of those kinds in respect of the other offence, or any of the other offences.

(3) If the court makes—

(a) two or more youth rehabilitation orders with intensive supervision and surveillance, or

(b) two or more youth rehabilitation orders with fostering,

those orders must take effect at the same time (in accordance with section 198).

(4) Subsections (5) to (7) apply where the court includes requirements of the same kind in two or more youth rehabilitation orders.

(5) The court must direct, for each kind of requirement—

(a) whether the requirements are to be concurrent or consecutive, or

(b) if more than two requirements of that kind are imposed, which are to be concurrent and which consecutive.

(6) But the court may not direct that two or more fostering requirements are to be consecutive.

(7) Where the court directs that two or more requirements of the same kind are to be consecutive, the numbers of hours, days or months specified in relation to each of them—

(a) are to be aggregated, but

(b) in aggregate, must not exceed the maximum number which may be specified in relation to any one of them.

(8) For the purposes of subsections (4) to (7), requirements are of the same kind if they fall within the same Part of Schedule 6.

Commencement Information

I183 S. 183 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Available requirements E+W

184 Youth rehabilitation order: available requirements E+W

(1) Any youth rehabilitation requirement imposed by a youth rehabilitation order must be a requirement that is available to the court which makes the order.

(2) A youth rehabilitation requirement is available unless a provision mentioned in column 3 of the entry for that requirement in the youth rehabilitation requirements table (see section 174) provides otherwise.

Commencement Information

I184 S. 184 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

185 Youth rehabilitation order: availability of particular requirements E+W

Extended activity requirement

(1) An extended activity requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with intensive supervision and surveillance.

Unpaid work requirement

(2) An unpaid work requirement is not available for a youth rehabilitation order in respect of an offence unless the offender is aged 16 or 17 when convicted of the offence.

Fostering requirement

(3) A fostering requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with fostering.

Electronic monitoring [F64 requirement] [F64 requirements]

(4) An [F65 electronic monitoring requirement] [F65 electronic compliance monitoring requirement] is not available for a youth rehabilitation order unless the order imposes at least one other youth rehabilitation requirement.

[F66 (5) An electronic whereabouts monitoring requirement is not available for a youth rehabilitation order in respect of an offence unless the offender was convicted of the offence on or after the day on which paragraph 6 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).]

Textual Amendments

F64 Word in s. 185(4) heading substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 6(2); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F65 Words in s. 185(4) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 6(3); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F66 S. 185(5) inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 6(4)

Commencement Information

I185 S. 185 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to impose particular requirements E+W

186 Youth rehabilitation order: exercise of power to impose particular requirements E+W

(1) This section applies where a court makes a youth rehabilitation order in respect of an offence.

Restrictions and obligations relating to imposing particular requirements

(2) The power to impose a particular youth rehabilitation requirement is subject to the provisions of the Part of Schedule 6 relating to requirements of that kind (see column 2 of the table in section 174).

Suitability

(3) The particular youth rehabilitation requirement or combination of youth rehabilitation requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender.

In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements).

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular youth rehabilitation requirement or combination of youth rehabilitation requirements is suitable for the offender.

(5) In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is the most suitable for the offender, the court may take into account any information about the offender which is before it.

Restrictions on liberty to be commensurate with seriousness

(6) The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it.

In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements).

(7) In forming its opinion for the purposes of subsection (6), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(8) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(9) The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a youth rehabilitation order does not require the court to impose those restrictions.

Compatibility with other requirements and other matters

(10) If the order imposes two or more requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.

This is subject to sections 175 and 176 and paragraphs 19(3) and 21 of Schedule 6 (certain types of youth rehabilitation order to contain certain requirements).

(11) The court must ensure, as far as practicable, that any requirement imposed by the order is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

(c) any conflict with the requirements of any other court order to which the offender may be subject,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(12) Regulations under subsection (11) are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C20 S. 186(2)(10)(11) applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I186 S. 186 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making a youth rehabilitation order: contents E+W

187 Youth rehabilitation order to specify end date E+W

(1) A youth rehabilitation order must specify a date (the “end date”) by which all the requirements in it must have been complied with.

(2) The end date must be—

(a) not more than 3 years, and

(b) in the case of a youth rehabilitation order with intensive supervision and surveillance, not less than 6 months,

after the date on which the order takes effect.

(3) If a youth rehabilitation order imposes two or more different youth rehabilitation requirements—

(a) the order may also specify, for each of the requirements, a date by which the requirement must have been complied with;

(b) if it does so, the last of those dates must be the same as the end date.

Commencement Information

I187 S. 187 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

188 Youth rehabilitation order to specify offender's home local justice area E+W

(1) A youth rehabilitation order must specify which local justice area is the offender's home local justice area.

(2) The area specified must be the local justice area in which the offender resides or will reside.

Modifications etc. (not altering text)

C21 S. 188 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I188 S. 188 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

189 Power for Crown Court to direct magistrates' court supervision E+W

(1) This section applies where the Crown Court makes a youth rehabilitation order otherwise than on appeal from a magistrates' court.

(2) The Crown Court may include a direction that the order is to be subject to magistrates' court supervision.

For the effect of such a direction, see Schedule 7 (breach, revocation or amendment of youth rehabilitation order).

Commencement Information

I189 S. 189 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

190 Provision of copies of youth rehabilitation order and related documents E+W

(1) This section applies when a court makes a youth rehabilitation order.

(2) The court must forthwith provide copies of the order—

(a) to the offender,

(b) if the offender is aged under 14, to the offender's parent or guardian,

(c) to a member of a youth offending team assigned to the court or to an officer who is acting at the court and is an officer of a provider of probation services, and

(d) if the court does not act in the offender's home local justice area, to a provider of probation services operating in that area.

(3) If the order imposes a requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement requiring residence with an individual	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution	The person in charge of the institution
A local authority residence requirement	The local authority specified under paragraph 24(3)(b) of Schedule 6
A mental health treatment requirement	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement	The treatment director specified under paragraph 36(3)(b)(i) of Schedule 6
An education requirement	The relevant authority specified under paragraph 39(2)(a) of Schedule 6
[F67 An electronic monitoring requirement] [F67 An electronic compliance monitoring requirement]	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.
[F68 An electronic whereabouts monitoring requirement	Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order.]

(4) If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in the offender's home local justice area with—

(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 acting in that area in the exercise of its functions in relation to the order.

Textual Amendments

F67 Words in s. 190(3) Table substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 7(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F68 Words in s. 190(3) Table inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 7(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Modifications etc. (not altering text)

C22 Ss. 190-192 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I190 S. 190 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Obligations of responsible officer and offender E+W

191 The responsible officer E+W

(1) For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means the person identified in subsection F69 ... (3) or (4).

F70 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If the only youth rehabilitation requirement imposed by the order is an attendance centre requirement, the responsible officer is the officer in charge of the attendance centre specified in the order.

(4) In any other case the responsible officer is the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Chapter on the responsible officer.

(5) In subsection (4) “qualifying officer”, means—

(a) a member of a youth offending team established by a local authority specified in the order for the purposes of this section, or

(b) an officer of a provider of probation services acting in the offender's home local justice area.

Textual Amendments

F69 Word in s. 191(1) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 23(2)(a)

F70 S. 191(2) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 23(2)(b)

Modifications etc. (not altering text)

C22 Ss. 190-192 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I191 S. 191 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

192 Obligations of responsible officer E+W

(1) This section applies where a youth rehabilitation order is in force.

Functions of the responsible officer

(2) The responsible officer must—

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

(b) promote the offender's compliance with those requirements, and

(c) where appropriate, take steps to enforce those requirements.

F71 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions by responsible officer

(4) In giving instructions to the offender in pursuance of the order, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

(c) any conflict with the requirements of any other court order to which the offender may be subject,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

Textual Amendments

F71 S. 192(3) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 23(3)

Modifications etc. (not altering text)

C22 Ss. 190-192 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I192 S. 192 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

193 Duty of offender to keep in touch with responsible officer etc E+W

(1) This section applies where a youth rehabilitation order is in force.

(2) The offender—

(a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and

(b) must notify the responsible officer of any change of address.

(3) This obligation is enforceable as if it were a youth rehabilitation requirement of the youth rehabilitation order.

Commencement Information

I193 S. 193 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Review E+W

194 Power to provide for court review of youth rehabilitation orders E+W

(1) The Secretary of State may by regulations—

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

(b) enable a court to amend a youth rehabilitation 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) Regulations under this section may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders.

(3) Regulations under this section may repeal or amend any provision of this Chapter.

(4) Regulations under this section are subject to the affirmative resolution procedure.

Commencement Information

I194 S. 194 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach, revocation or amendment of order E+W

195 Breach, revocation or amendment of youth rehabilitation order E+W

Schedule 7 makes provision about—

(a) failures to comply with the requirements of youth rehabilitation orders, and

(b) revocation and amendment of youth rehabilitation orders.

Commencement Information

I195 S. 195 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Transferring order to Northern Ireland E+W+N.I.

196 Transfer of youth rehabilitation orders to Northern Ireland E+W+N.I.

Schedule 8 makes provision about the transfer of youth rehabilitation orders to Northern Ireland.

Commencement Information

I196 S. 196 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth rehabilitation orders: supplementary E+W

197 Youth rehabilitation orders: interpretation E+W

In this Chapter, except where the contrary intention appears—

• “end date”, in relation to a youth rehabilitation order, means the date for the time being specified in the order under—

  (a)

  section 187 (youth rehabilitation order to specify end date),

  (b)

  paragraph 10(4) of Schedule 7 (power to substitute later end date on breach), or

  (c)

  paragraph 18(1) of that Schedule (extension of order);

• “home local justice area”, in relation to a youth rehabilitation order, means the local justice area for the time being specified in the order under—

  (a)

  section 188, or

  (b)

  paragraph 15(2) of Schedule 7;

• “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, has the meaning given by section 191;

• “youth rehabilitation requirement” has the meaning given by section 173.

Modifications etc. (not altering text)

C23 S. 197 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I197 S. 197 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

198 When a youth rehabilitation order is in force E+W

(1) A youth rehabilitation order takes effect at the beginning of the day on which it is made.

(2) But a court making a youth rehabilitation order may order that it is to take effect instead on a later date (and see, in particular, section 181(1)).

(3) A youth rehabilitation order is in force for the period—

(a) beginning when it takes effect, and

(b) ending—

(i) with the end date, or

(ii) if later, when the offender has completed any unpaid work requirement imposed by the order.

(4) But a youth rehabilitation order ceases to be in force when it is revoked.

(5) An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.

Modifications etc. (not altering text)

C24 S. 198(3)-(5) applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I198 S. 198 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F72 198A Electronic monitoring requirement previously imposed E+W

(1) This section applies where an electronic monitoring requirement was imposed by a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).

(2) In this section “electronic monitoring requirement” has the meaning given by paragraph 41 of Schedule 6 as it had effect before the day mentioned in subsection (1).

(3) The electronic monitoring requirement is not affected by the renaming of electronic monitoring requirements as electronic compliance monitoring requirements by that Act.

(4) This Chapter applies in relation to the youth rehabilitation order as if any reference to an electronic compliance monitoring requirement were to an electronic monitoring requirement.]

Textual Amendments

F72 S. 198A inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 8; S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

199 Youth rehabilitation orders: Isles of Scilly E+W

(1) This Chapter has effect in relation to the Isles of Scilly with such exceptions, adaptations and modifications as the Secretary of State may by regulations specify.

(2) Regulations under this section are subject to the negative resolution procedure.

Commencement Information

I199 S. 199 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Community orders

What a community order is E+W

200 Community order E+W

(1) In this Code “community order” means an order imposing one or more community order requirements.

(2) The community order requirements are listed in column 1 of the community order requirements table (see section 201).

(3) Provision about each requirement is made by the Part of Schedule 9 mentioned in the corresponding entry in column 2 of that table.

Commencement Information

I200 S. 200 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

201 Community order requirements table E+W

The community order requirements table referred to in sections 200, 206 and 208 is—

Requirement	Part of Schedule 9 relating to requirement	Restrictions on availability
unpaid work requirement	Part 1
rehabilitation activity requirement	Part 2
programme requirement	Part 3
prohibited activity requirement	Part 4
curfew requirement	Part 5
exclusion requirement	Part 6
residence requirement	Part 7
foreign travel prohibition requirement	Part 8
mental health treatment requirement	Part 9
drug rehabilitation requirement	Part 10
[F73 drug testing requirement	Part 10A	section 207(3A)]
alcohol treatment requirement	Part 11
alcohol abstinence and monitoring requirement	Part 12	section 207(1) or (2)
attendance centre requirement	Part 13	section 207(3)
electronic compliance monitoring requirement	Part 14	section 207(4)
electronic whereabouts monitoring requirement	Part 14

Textual Amendments

F73 Words in s. 201 table inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 2

Commencement Information

I201 S. 201 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Availability E+W

202 Community order: availability E+W

(1) A community order is available to a court by or before which an offender is convicted of an offence if—

(a) the offender is aged 18 or over when convicted, and

(b) the offence is punishable with imprisonment by that court.

(2) Subsection (1) is subject to—

(a) subsection (3),

(b) section 203 (restriction on making both community order and suspended sentence order), and

(c) section 37(8) of the Mental Health Act 1983 (community order not to be made in combination with hospital order or guardianship order in respect of same offence).

(3) A community order is not available in respect of an offence in relation to which a mandatory sentence requirement applies (see section 399).

But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).

Commencement Information

I202 S. 202 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

203 Restriction on making both community order and suspended sentence order E+W

A court may not make a community order in respect of an offence if it makes a suspended sentence order in respect of—

(a) the offence,

(b) any other offence of which the offender is convicted by or before it, or

(c) any other offence for which it deals with the offender.

Modifications etc. (not altering text)

C25 S. 203 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C26 S. 203 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C27 S. 203 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I203 S. 203 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to make community order E+W

204 Exercise of power to impose community order: general considerations E+W

(1) This section applies where a community order is available.

(2) The court must not make a community order unless it is of the opinion that—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it,

was serious enough to warrant the making of such an order.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(5) The fact that, by virtue of subsection (2), the court may make a community order does not require it to do so.

Commencement Information

I204 S. 204 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

205 Community order: effect of remand in custody E+W

(1) In determining the restrictions on liberty to be imposed by a community 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—

(a) the offence, or

(b) any other offence the charge for which was founded on the same facts or evidence.

(2) For this purpose, a person is remanded in custody if—

(a) remanded in or committed to custody by order of a court,

(b) remanded to youth detention accommodation (see subsection (3)), or

(c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.

(3) The reference in subsection (2)(b) to being remanded to youth detention accommodation—

(a) has the same meaning as in Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail): see, in particular, section 91 of that Act, but

(b) also includes a reference to being remanded or committed before 3 December 2012 to local authority accommodation under section 23 of the Children and Young Persons Act 1969 and—

(i) kept in secure accommodation (within the meaning of that section), or

(ii) detained in a secure training centre pursuant to arrangements under subsection (7A) of that section.

Commencement Information

I205 S. 205 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Available requirements E+W

206 Community order: available requirements E+W

(1) A court may not make a community order which imposes a community order requirement that is not an available requirement.

(2) A community order requirement is an available requirement unless a provision mentioned in column 3 of the entry for that requirement in the community order requirements table (see section 201) provides otherwise.

Modifications etc. (not altering text)

C28 S. 206 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C29 S. 206 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C30 S. 206 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I206 S. 206 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

207 Community order: availability of particular requirements E+W

Alcohol abstinence and monitoring requirement

(1) An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring).

(2) An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under 25(7)(b) of that Schedule (prescribed alcohol level).

Attendance centre requirement

(3) An attendance centre requirement is not an available requirement unless [F74 —

(a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b) the offender was aged under 25 when convicted of the offence.]

[F75 Drug testing requirement

(3A) A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.]

Electronic compliance monitoring requirement

(4) An electronic compliance monitoring requirement is not an available requirement in relation to a community order unless the community order imposes at least one other available requirement, other than—

(a) an alcohol abstinence and monitoring requirement;

(b) an electronic whereabouts monitoring requirement.

Textual Amendments

F74 S. 207(3)(a)(b) and word substituted (28.6.2022) for words by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 152(2), 208(1); S.I. 2022/520, reg. 5(q)

F75 S. 207(3A) and heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 3

Modifications etc. (not altering text)

C31 S. 207 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C32 S. 207(3) applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C33 S. 207(3) applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I207 S. 207 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to impose requirements E+W

208 Community order: exercise of power to impose particular requirements E+W

(1) This section applies where a court makes a community order in respect of an offence.

Restrictions and obligations relating to imposing particular requirements

(2) The power to impose a particular community order requirement is subject to the provisions of the Part of Schedule 9 relating to requirements of that kind (see column 2 of the table in section 201).

Suitability of requirements

(3) The particular community order requirement or community order requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender.

This is subject to subsection (10).

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular requirement or combination of requirements is suitable for the offender.

(5) In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is most suitable for the offender, the court may take into account any information about the offender which is before it.

Considerations of seriousness and punishment etc

(6) The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it.

This is subject to subsection (10).

(7) In forming its opinion for the purposes of subsection (6), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(8) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(9) The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a community order does not require the court to impose those restrictions.

(10) The order must include at least one community order requirement imposed for the purpose of punishment.

(11) Subsection (10) does not apply where—

(a) the court also imposes a fine, or

(b) there are exceptional circumstances relating to the offence or to the offender which—

(i) would make it unjust in all the circumstances for the court to impose a requirement for the purpose of punishment in the particular case, and

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

Compatibility with other matters

(12) If the order imposes two or more different community order requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.

(13) The court must ensure, so far as practicable, that any community order requirement imposed by the order is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any conflict with the requirements of any other court order to which the offender may be subject, and

(c) any interference with the times, if any, at which the offender normally—

(i) works, or

(ii) attends any educational establishment,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(14) Regulations under subsection (13) are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C34 S. 208(2) (10)-(14) applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)

C35 S. 208(2) (10)-(14) applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)

C36 S. 208(2) (10)-(14) applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)

C37 S. 208(13) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C38 S. 208(13) applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I208 S. 208 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making a community order E+W

209 Community order to specify end date etc E+W

(1) A community order must specify a date (the “end date”) by which all the requirements in it must have been complied with.

(2) The end date must not be more than 3 years after the date of the order.

(3) If a community order imposes two or more different community order requirements—

(a) the order may also specify, for each of the requirements, a date by which the requirement must have been complied with;

(b) if it does so, the last of those dates must be the same as the end date.

(4) Section 220 sets out the effect of the end date.

Modifications etc. (not altering text)

C39 S. 209 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C40 S. 209 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C41 S. 209 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I209 S. 209 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

210 Community order to specify offender's home local justice area E+W

(1) A community order must specify which local justice area is the offender's home local justice area.

(2) The area specified must be the local justice area in which the offender resides or will reside.

Modifications etc. (not altering text)

C42 S. 210 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C43 S. 210 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C44 S. 210 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I210 S. 210 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

211 Power for Crown Court to direct magistrates' court supervision E+W

[F76 (1)] Where the Crown Court makes a community order, it may include a direction that the order is to be subject to magistrates' court supervision.

[F77 (2) Subsection (1) does not apply to a community order that qualifies for special procedures for the purposes of section 217A.]

Textual Amendments

F76 S. 211 renumbered as s. 211(1) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 3(2)

F77 S. 211(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 3(3)

Commencement Information

I211 S. 211 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

212 Provision of copies of community order and related documents E+W

(1) This section applies when a court makes a community order.

(2) The court must forthwith provide copies of the order—

(a) to the offender,

(b) to the responsible officer,

(c) to an officer of a provider of probation services that is a public sector provider who is acting at the court, and

(d) if the court does not act in the offender's home local justice area, to a provider of probation services that is a public sector provider and is operating in that area.

(3) If the order imposes any requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(4) If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in that area with—

(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 acting in that area in the exercise of its functions in relation to the order.

(5) In subsection (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Modifications etc. (not altering text)

C45 Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C46 S. 212(1)-(3) (5) applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)

C47 S. 212(1)-(3) (5) applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)

C48 S. 212(1)-(3) (5) applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)

C49 S. 212(2)(a)(b)(3) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I212 S. 212 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Obligations of responsible officer and offender E+W

213 The responsible officer E+W

(1) For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a community order relates, means the person who is for the time being responsible for discharging the functions conferred by this Code 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 community order.

Modifications etc. (not altering text)

C45 Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C50 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C51 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C52 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I213 S. 213 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

214 Obligations of responsible officer E+W

(1) This section applies where a community order is in force.

Functions of the responsible officer

(2) The responsible officer must—

(a) make any arrangements that are necessary in connection with the requirements imposed by the order, and

(b) promote the offender's compliance with those requirements.

(3) This is subject to paragraph 16(6) of Schedule 9 (in-patient treatment under mental health treatment requirement).

Exercise of functions by responsible officer

(4) The responsible officer must ensure, as far as practicable, that any instruction given by the responsible officer is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any conflict with the requirements of any other court order to which the offender may be subject, and

(c) any interference with the times, if any, at which the offender normally—

(i) works, or

(ii) attends any educational establishment,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C45 Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C50 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C51 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C52 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C53 S. 214(4) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C54 S. 214(4) extended by 2003 c. 44, Sch. 19A para. 4 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I214 S. 214 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

215 Duty of offender to keep in touch with responsible officer E+W

(1) This section applies where a community order is in force.

(2) The offender must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time.

(3) This obligation is enforceable as if it were a community order requirement of the community order.

Modifications etc. (not altering text)

C45 Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C50 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C51 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C52 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I215 S. 215 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

216 Duty of offender to obtain permission before changing residence E+W

(1) This section applies where a community order—

(a) is in force, and

(b) does not include a residence requirement imposed under paragraph 13 of Schedule 9.

(2) The offender must not change residence except with permission given in accordance with this section by—

(a) the responsible officer, or

(b) a court.

(3) This obligation has effect as if it were a community order requirement of the community order.

(4) The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.

For this purpose, “appropriate court” has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule).

(5) A court may also give permission in any proceedings before it under Schedule 10 (breach or amendment of order etc).

(6) The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—

(a) is likely to prevent the offender complying with a requirement imposed by the community order, or

(b) would hinder the offender's rehabilitation.

(7) The responsible officer must refuse an application for permission if—

(a) the offender's present residence is in England or Wales, and

(b) the offender's proposed residence is outside England and Wales.

(8) For cases in which a community order has to be amended because of permission given under this section, see paragraph 16 of Schedule 10 (amendment to reflect change in local justice area).

Modifications etc. (not altering text)

C45 Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C50 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C51 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C52 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I216 S. 216 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Review E+W

217 Power to provide for court review of community orders E+W

(1) The Secretary of State may by regulations—

(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) Regulations under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders.

[F78 (2A) Regulations under this section may not make provision in respect of community orders which for the purposes of section 217A qualify for special procedures.]

(3) Regulations under this section may repeal or amend any provision of this Chapter.

(4) Regulations under this section are subject to the affirmative resolution procedure.

Textual Amendments

F78 S. 217(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 4

Modifications etc. (not altering text)

C55 S. 217 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I217 S. 217 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F79 217A Review of community order qualifying for special procedures E+W

(1) A community order that—

(a) imposes one or more community order requirements, and

(b) qualifies for special procedures for the purposes of this section,

may make provision for the order to be reviewed periodically (“provision for review”).

(2) Where a community order contains provision for review under this section, it must—

(a) specify the intervals at which the order is to be reviewed,

(b) provide for each review to be made, subject to section 217B, at a hearing held for the purpose by the responsible court (a “review hearing”),

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

(d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community order requirements of the order (a “progress report”) to be made to the responsible court before each review.

(3) In this section “the responsible court”, in relation to a community order, means the court by which the order is made.

(4) For more about community orders that qualify for special procedures, see section 395A.

Textual Amendments

F79 Ss. 217A-217C inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 5

217B Powers on review E+W

(1) This section applies where a review hearing is held on a review of a community order by virtue of section 217A.

(2) The court may, after considering the progress report, amend—

(a) the community order requirements of the order, or

(b) any provision of the order which relates to those requirements.

(3) But the court—

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

(b) may not amend—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement,

unless the offender expresses willingness to comply with the requirement as amended, and

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

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

(a) a community order requirement of a kind within any entry in the table in section 201 is of the same kind as any other community requirement within that entry, and

(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(5) If the court is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, the court may adjourn the hearing so that the court can deal with the case forthwith under paragraph 10 or 11 of Schedule 10 (powers of court to deal with offender on breach of requirement).

(6) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 10.

(7) In this section—

• “review hearing”, and

• “progress report”,

have the same meanings as in section 217A.

Textual Amendments

F79 Ss. 217A-217C inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 5

217C Alteration of review arrangements E+W

(1) Subsections (2) and (3) apply where a court—

(a) considers the progress report relating to a review under section 217A (the “current review”), and

(b) forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory.

(2) If the court forms that opinion before a review hearing is held at the current review—

(a) it may order that no review hearing is to be held at the current review, and

(b) it may amend the community order so as to provide for each subsequent review to be held without a review hearing.

(3) If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing.

(4) If at a review held without a review hearing the court—

(a) considers the progress report, and

(b) forms the opinion that the offender’s progress under the order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a specified time and place.

(5) At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a).

(6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised—

(a) where the court is the Crown Court, by a judge of the court, and

(b) where the court is a magistrates’ court, by a justice of the peace.

(7) In this section—

• “review hearing”, and

• “progress report”,

have the same meanings as in section 217A.]

Textual Amendments

F79 Ss. 217A-217C inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 5

Breach, revocation or amendment of community order E+W

218 Breach, revocation or amendment of community order E+W

Schedule 10 makes provision about—

(a) failures to comply with the requirements of community orders;

(b) revocation of community orders;

(c) amendment of community orders.

Modifications etc. (not altering text)

C56 S. 218 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C57 S. 218 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C58 S. 218 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I218 S. 218 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Transferring order to Scotland or Northern Ireland U.K.

219 Transfer of community orders to Scotland or Northern Ireland U.K.

Schedule 11 makes provision about transfers of community orders to Scotland or Northern Ireland.

Modifications etc. (not altering text)

C59 S. 219 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I219 S. 219 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community orders: supplementary E+W

220 When a community order ceases to be in force E+W

(1) A community order ceases to be in force—

(a) at the end of the end date (see section 209), or

(b) if later, when the offender has completed any unpaid work requirement imposed by the order.

(2) But a community order ceases to be in force when it is revoked.

(3) An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.

Modifications etc. (not altering text)

C60 S. 220 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C61 S. 220 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C62 S. 220 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C63 S. 220(1)(b)(2)(3) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I220 S. 220 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 U.K. Custodial sentences

CHAPTER 1 E+W Custody: general provisions

Introductory E+W

221 Overview of Part E+W

(1) This Chapter applies generally for the purposes of determining whether a custodial sentence should be passed and, if so, what its term should be.

In particular—

(a) section 222 defines “custodial sentence”;

(b) sections 227 and 228 make provision about when a custodial sentence is not available or subject to restrictions;

(c) section 229 permits a magistrates' court to impose imprisonment for less than the term specified;

(d) sections 230 to 232 make provision about how a court should decide whether to impose a custodial sentence and the term of such a sentence.

(2) Chapter 2 is about the kinds of custodial sentence that are available for an offender aged under 18—

(a) detention and training orders (sections 233 to 248);

(b) sentences of detention under section 250, including life sentences (and see [F80 sections 258 and 258A]);

[F81 (ba) special sentences of detention for terrorist offenders of particular concern (section 252A);]

(c) extended sentences of detention (sections 254 to 257);

(d) detention during Her Majesty's pleasure for murder etc where the offender is under 18 at the time of the offence (section 259).

(3) Chapter 3 is about the kinds of custodial sentence that are available for an offender aged 18, 19 or 20—

(a) sentences of detention in a young offender institution (sections 262 to 271), including—

(i) suspended sentences,

(ii) special sentences for offenders of particular concern, F82 ...

(iii) extended sentences; [F83 and

(iv) serious terrorism sentences,]

(b) sentences of custody for life (sections 272 to 276).

(4) Chapter 4 is about imprisonment in the case of an adult aged at least 21 at the time of conviction, including—

(a) suspended sentences,

(b) special sentences for offenders of particular concern,

(c) extended sentences,

[F84 (ca) serious terrorism sentences,] and

(d) imprisonment for life.

(5) Chapter 5 is about suspended sentences.

(6) Chapter 6 is about dangerous offenders.

(7) Chapter 7 is about mandatory minimum sentences.

(8) Chapter 8 is about life sentences and in particular about when minimum term orders and whole life orders must be passed.

(9) Chapter 9 contains certain provisions about administration of custodial sentences and includes certain powers and duties of a sentencing court that are relevant to an offender's release from custody.

Textual Amendments

F80 Words in s. 221(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(3), 208(5)(b)

F81 S. 221(2)(ba) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(7)

F82 Word in s. 221(3)(a)(ii) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(7)(a)(i)

F83 S. 221(3)(a)(iv) and word inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(7)(a)(ii)

F84 S. 221(4)(ca) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(7)(b)

Commencement Information

I221 S. 221 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

222 Meaning of “custodial sentence” E+W

(1) In this Code “custodial sentence” means—

(a) a detention and training order under section 233,

(b) a sentence of detention under Chapter 2 of this Part,

(c) a sentence of detention in a young offender institution,

(d) a sentence of custody for life under section 272 or 275, or

(e) a sentence of imprisonment.

This is subject to subsection (3).

(2) In subsection (1) “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.

(3) Subsection (1)—

(a) does not apply to “custodial sentence” in the following expressions—

• “appropriate custodial sentence”;

• “current custodial sentence”;

• “pre-Code custodial sentence”;

• “relevant custodial sentence”, and

(b) is subject to express provision to the contrary.

(4) In this Code, “pre-Code custodial sentence” means—

(a) a detention and training order imposed under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000,

(b) a sentence of detention imposed under any of the following (sentences of detention for children)—

(i) section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000,

(ii) section 53(1) or (3) of the Children and Young Persons Act 1933, or

(iii) section 226B or 228 of the Criminal Justice Act 2003,

(c) a sentence of detention for public protection imposed under section 226 of the Criminal Justice Act 2003, or

(d) a sentence of custody for life under—

(i) section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(ii) section 8 of the Criminal Justice Act 1982.

Commencement Information

I222 S. 222 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

General limits on powers to impose custodial sentences E+W

223 Two year limit on imprisonment for statutory offence if no maximum specified E+W

Where—

(a) a person is convicted on indictment of an offence under any enactment which is punishable with imprisonment, and

(b) no enactment—

(i) limits the sentence to a specified term, or

(ii) expresses it to extend to imprisonment for life,

the person is liable to imprisonment for not more than 2 years.

Commencement Information

I223 S. 223 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

224 General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution E+W

(1) A magistrates' court does not have power to impose—

(a) imprisonment, or

(b) detention in a young offender institution,

[F85 for a term exceeding the applicable limit in respect of any one offence].

[F86 (1A) The applicable limit is—

(a) 6 months in the case of a summary offence, or

(b) [F87 12 months] in the case of an offence triable either way.]

(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 or detention in a young offender institution for [F88 a term exceeding the applicable limit].

(3) Nothing in subsection (1) affects section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment).

(4) Subsection (1) does not limit any power of a magistrates' court to impose a term of imprisonment for—

(a) non-payment of a fine, or

(b) want of sufficient goods to satisfy a fine.

(5) In subsection (4)—

(a) “fine”—

(i) includes a pecuniary penalty, but

(ii) does not include a pecuniary forfeiture or pecuniary compensation;

(b) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

(i) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but

(ii) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

(6) In this section “impose imprisonment” means—

(a) pass a sentence of imprisonment, or

(b) fix a term of imprisonment for—

(i) failure to pay any sum of money,

(ii) want of sufficient distress to satisfy any sum of money (see section 397(3)), or

(iii) failure to do or abstain from doing anything required to be done or left undone.

(7) Section 132 of the Magistrates' Courts Act 1980 (5 day minimum term) provides for the minimum term of imprisonment that a magistrates' court may impose.

Textual Amendments

F85 Words in s. 224(1) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(a), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

F86 S. 224(1A) inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(b), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

F87 Words in s. 224(1A)(b) substituted (18.11.2024) by The Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2024 (S.I. 2024/1067), regs. 1(3), 2

F88 Words in s. 224(2) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(c), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

Commencement Information

I224 S. 224 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

225 Restriction on consecutive sentences for released prisoners E+W

(1) A court sentencing a person to a relevant custodial term may not order or direct that the term is to commence on the expiry of any current custodial sentence from which the offender has been released under—

(a) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall), or

(b) Part 2 of the Criminal Justice Act 1991 (early release of prisoners).

(2) In this section “relevant custodial term” means a term of—

(a) detention under Chapter 2 of this Part,

(b) detention in a young offender institution (under this Code), or

(c) imprisonment.

(3) In this section, “current custodial sentence” means a sentence that has not yet expired which is—

(a) a sentence of imprisonment,

(b) a sentence of detention in a young offender institution, or

(c) a sentence of detention imposed under any of the following—

(i) section 250,

[F89 (ia) section 252A,]

(ii) section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),

(iii) section 226B or 228 of the Criminal Justice Act 2003 (including one passed as a result of section 221A or 222 of the Armed Forces Act 2006),

(iv) section 91 of the Powers of Criminal Courts (Sentencing) Act 2000,

(v) section 53(3) of the Children and Young Persons Act 1933,

(vi) section 209 of the Armed Forces Act 2006, or

(vii) section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957.

Textual Amendments

F89 S. 225(3)(c)(ia) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(8)

Commencement Information

I225 S. 225 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

226 Custodial sentence: restrictions in certain cases where offender not legally represented E+W

(1) This section applies where—

(a) a magistrates' court is dealing with an offender on summary conviction, or

(b) the Crown Court is dealing with an offender—

(i) on committal for sentence, or

(ii) on conviction on indictment.

Offenders aged under 21

(2) The court may not—

(a) make a detention and training order,

(b) pass a sentence of detention under section 250 (or 254) [F90 , under section 252A] or under section 259 (offenders under 18),

(c) pass a sentence of detention in a young offender institution, or

(d) pass a sentence of custody for life (see sections 272 and 275),

unless the offender is legally represented in that court, or has failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)).

Offenders aged 21 or over

(3) The court may not pass a sentence of imprisonment unless—

(a) the offender—

(i) is legally represented in that court, or

(ii) has failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)), or

(b) the offender has previously been sentenced to imprisonment by a court in any part of the United Kingdom.

(4) For the purposes of subsection (3) a previous sentence of imprisonment which has been suspended and which has not taken effect under—

(a) paragraph 8 of Schedule 16,

(b) paragraph 8 of Schedule 12 to the Criminal Justice Act 2003,

(c) section 119 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(d) section 19 of the Treatment of Offenders Act (Northern Ireland) 1968,

is to be disregarded.

(5) For those purposes, “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence (and “sentenced to imprisonment” is to be read accordingly).

When a person is legally represented

(6) For the purposes of this section an offender is legally represented in a court if the offender has the assistance of counsel or a solicitor to represent him or her in the proceedings in that court at some time after being found guilty and before being sentenced.

Relevant representation: failure or ineligibility to benefit

(7) For the purposes of subsections (2) and (3), “relevant representation”, in relation to proceedings in a court, means representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid) for the purposes of the proceedings.

(8) For those purposes, an offender has failed, or is ineligible on financial grounds, to benefit from relevant representation if—

(a) the offender has refused or failed to apply for relevant representation, having—

(i) been informed of the right to apply for it, and

(ii) had the opportunity to do so,

(b) the offender's application for relevant representation was refused on financial grounds, or

(c) relevant representation was made available to the offender but withdrawn—

(i) because of the offender's conduct, or

(ii) on financial grounds.

Relevant representation is refused or withdrawn on financial grounds if it appears that the offender's financial resources are such that the offender is not eligible for such representation.

Textual Amendments

F90 Words in s. 226(2)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(9)

Commencement Information

I226 S. 226 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

227 Restriction on imposing imprisonment on persons under 21 E+W

Sentence of imprisonment

(1) No court may pass a sentence of imprisonment on an offender for an offence if the offender is aged under 21 when convicted of the offence.

Committal to prison

(2) No court may commit a person who is aged under 21 to prison for any reason, except as provided by subsection (3).

(3) Subsection (2) does not prevent the committal to prison of a person aged under 21 who is—

(a) remanded in custody,

(b) committed in custody for sentence, or

(c) sent in custody for trial under section 51 or 51A of the Crime and Disorder Act 1998.

Commencement Information

I227 S. 227 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

228 Other restrictions on custodial sentence E+W

Custodial sentence not indicated in indication of sentence

(1) For restrictions on a custodial sentence where the case is dealt with under section 20(7) of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable and indication of sentence is given), see section 20A(1) of that Act (restriction where indication of sentence does not indicate custodial sentence).

Hospital order or guardianship order

(2) For restrictions on a custodial sentence where a hospital order or guardianship order is made, see section 37(8) of the Mental Health Act 1983.

Commencement Information

I228 S. 228 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of magistrates' court to imprison for less than specified term E+W

229 Power of magistrates' court to imprison for less than specified term E+W

(1) Where a magistrates' court has power to sentence an offender to imprisonment for a period specified by an enactment (whether passed or made before or after this Act), the court may sentence the offender to imprisonment for less than that period.

(2) This is subject to—

(a) section 132 of the Magistrates' Courts Act 1980 (5 day minimum term);

(b) express provision to the contrary in an Act passed after 31 December 1879.

(3) In this section “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

Commencement Information

I229 S. 229 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers to impose discretionary custodial sentences E+W

230 Threshold for imposing discretionary custodial sentence E+W

(1) Subsection (2) applies where a person is convicted of an offence which is punishable with a custodial sentence.

This is subject to subsection (3).

(2) The court must not pass a custodial sentence unless it is of the opinion that—

(a) the offence, or

(b) 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.

Threshold generally not applicable where mandatory sentence requirement applies

(3) This section does not apply if the offence is one in relation to which a mandatory sentence requirement applies (see section 399), except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).

Exceptions to subsection (2) relating to community sentences

(4) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to express willingness to comply with a requirement—

(a) which the court proposes to include in a community order, but

(b) which may be included only if the offender expresses willingness to comply with it.

(5) Subsection (2) is also subject to—

(a) paragraph 11(3) of Schedule 7 (power to impose custodial sentence in case involving wilful and persistent breach of youth rehabilitation order with intensive supervision and surveillance);

(b) paragraph 22(5)(b) of Schedule 9 (power to deal with offender who does not express willingness to comply with amended drug rehabilitation requirement);

(c) paragraph 10(9) of Schedule 10 (power of magistrates' court to impose custodial sentence following wilful and persistent breach of community order);

(d) paragraph 11(6) of that Schedule (corresponding power of Crown Court);

(e) paragraph 18(9)(b) of that Schedule (power to deal with offender who does not express willingness to comply with amended treatment requirement).

Procedure for forming opinion

(6) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated or offence or offences, including any aggravating or mitigating factors.

(7) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(8) See also—

(a) section 77(2) (effect of mitigation: community sentence not precluded even if threshold for custodial sentence met);

(b) section 232 (additional requirements for offender suffering from mental disorder).

Modifications etc. (not altering text)

C64 S. 230(2) excluded by 2000 c. 6, Sch. 5 para. 2(5)(b) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 170(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C65 S. 230(2) excluded by 2000 c. 6, Sch. 5 para. 3(3)(b) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 170(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I230 S. 230 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

231 Length of discretionary custodial sentences: general provision E+W

(1) Subsection (2) applies where a court passes a custodial sentence in respect of an offence.

This is subject to subsections (3) to (6).

(2) 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—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it.

Application of subsection (2) to [F91 certain sentences]

(3) Subsection (2) does not apply where the sentence is—

(a) fixed by law, or

(b) a required life sentence,

except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).

(4) In subsection (3), “required life sentence” means a sentence of—

(a) detention for life under section 250,

(b) custody for life under section 272, or

(c) imprisonment for life,

required under a provision mentioned in section 399(b) (mandatory sentences).

(5) Subsection (2) is subject to the provisions mentioned in section 399(c) (minimum sentences).

(6) Subsection (2) does not apply where the custodial sentence is an extended sentence, except as provided in sections 256(2), 268(2) and 281(2) (determination of appropriate custodial term).

[F92 (6A) Subsection (2) does not apply where the custodial sentence is a serious terrorism sentence, except as provided in sections 268C(2)(b) and 282C(2)(b) (determination of appropriate custodial period where longer than the 14-year minimum).]

Procedure for forming opinion

(7) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(8) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion, except where the sentence is an extended sentence.

(9) See section 232 for additional requirements in the case of an offender suffering from a mental disorder.

Textual Amendments

F91 Words in s. 231(3) heading substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(8)(a)

F92 S. 231(6A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(8)(b)

Commencement Information

I231 S. 231 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

232 Additional requirements in case of offender suffering from mental disorder E+W

(1) This section applies where—

(a) the offender is or appears to be suffering from a mental disorder, and

(b) the court passes a custodial sentence other than one fixed by law (“the sentence”).

(2) Before passing the sentence, the court must obtain and consider a medical report unless, in the circumstances of the case, it considers that it is unnecessary to obtain a medical report.

(3) Before passing the sentence, the court must consider—

(a) any information before it which relates to the offender's 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) If the court did not obtain a medical report where required to do so by this section, the sentence is not invalidated by the fact that it did not do so.

(5) Any court, on an appeal against the sentence, must—

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

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

(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—

  (a)

  by the Secretary of State, or

  (b)

  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;

• “mental disorder” has the same meaning as in the Mental Health Act 1983.

(7) Nothing in this section is to be taken to limit—

(a) the pre-sentence report requirements (see section 30), or

(b) any requirement for a court to take into account all information that is available to it about the circumstances of any offence, including any aggravating or mitigating factors.

Commencement Information

I232 S. 232 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Offenders aged under 18

Detention and training orders E+W

233 Detention and training order E+W

A detention and training order in respect of an offender is an order that the offender is subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.

Commencement Information

I233 S. 233 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

234 Detention and training order: availability E+W

(1) A detention and training order is available where a court is dealing with an offender for an offence if—

(a) the offender is aged under 18, but at least 12, when convicted,

(b) the offence is an imprisonable offence, and

(c) the court is not required to pass—

(i) a sentence of detention under section 250 (see section 249(2)),

[F93 (ia) a sentence of detention under section 252A,] or

(ii) a sentence of detention during Her Majesty's pleasure under section 259.

(2) For circumstances in which the court is required to impose a detention and training order, see—

(a) section 312 (minimum sentence for offences of threatening with weapon or bladed article);

(b) section 315 (minimum sentence for repeat offence involving weapon [F94 or corrosive substance] or bladed article).

Textual Amendments

F93 S. 234(1)(c)(ia) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(10)

F94 Words in s. 234(2)(b) inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 83(b) (with Sch. 27); S.I. 2022/415, reg. 2

Commencement Information

I234 S. 234 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

235 Exercise of power to make a detention and training order E+W

(1) This section applies where a detention and training order is available.

(2) The court may not make a detention and training order if it imposes—

(a) a sentence of detention under section 250, or

(b) an extended sentence of detention under section 254,

in respect of the offence.

(3) If the offender is aged under 15 when convicted the court may not make a detention and training order unless it is of the opinion that the offender is a persistent offender.

(4) The court's power to make a detention and training order is subject to (in particular) section 230 (threshold for imposing discretionary custodial sentence).

Commencement Information

I235 S. 235 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

236 Term of detention and training order E+W

(1) The term of a detention and training order made in respect of an offence (whether by a magistrates' court or otherwise) must be [F95 at least 4 months but must not exceed 24 months].

This is subject to subsection (2).

(2) The term of a detention and training order in respect of an offence may not exceed—

(a) in the case of a summary offence, the maximum sentence of imprisonment that could be imposed (in the case of an offender aged 21 or over) for the offence;

(b) in the case of any other offence, the maximum term of imprisonment that the Crown Court could impose (in the case of an offender aged 21 or over) for the offence.

(3) Section 231 (length of discretionary custodial sentences: general provision), in particular, applies in determining the term of a detention and training order.

(4) A detention and training order takes effect at the beginning of the day on which it is made, unless the court orders otherwise under section 237.

Textual Amendments

F95 Words in s. 236(1) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 158, 208(5)(t)

Commencement Information

I236 S. 236 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

237 Making of order where offender subject to other order or sentence of detention E+W

(1) This section applies where a court makes a detention and training order.

(2) The court may order that the term of the detention and training order is to take effect on the expiry of any other detention and training order which it imposes on the same occasion.

This is subject to section 238(1).

(3) If the offender—

(a) is subject to another relevant detention and training order (“the existing order”), and

(b) has not at any time been released for supervision under the existing order,

the court may order that the detention and training order is to take effect on the expiry of the existing order.

This is subject to section 238(1).

(4) If the offender—

(a) is subject to a relevant sentence of detention (see section 248), and

(b) has not at any time been released under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence of fixed-term prisoners),

the court may order that the detention and training order is to take effect at the time when the offender would otherwise be released under that Chapter.

F96 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If the offender is subject to a further period of detention imposed—

(a) under paragraph 3(2)(a) of Schedule 12 (breach of supervision requirement of existing detention and training order),

(b) under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000, or

(c) under either of those provisions by virtue section 213 of the Armed Forces Act 2006,

the court may order that the detention and training order is to take effect at the end of the further period of detention.

Textual Amendments

F96 S. 237(5) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 159(1), 208(5)(t)

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C67 Ss. 237-240 modified by 2006 c. 52, s. 213(2)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I237 S. 237 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

238 Offender subject to more than one order: maximum overall term E+W

(1) A court may not make a detention and training order as a result of which the offender would be subject to relevant detention and training orders for a term exceeding 24 months.

(2) Where—

(a) a court makes a detention and training order, and

(b) the term of the relevant detention and training orders to which the offender would otherwise be subject exceeds 24 months,

the excess is to be treated as remitted.

(3) Where—

(a) a court makes a detention and training order, and

(b) as a result the offender is subject to two or more relevant detention and training orders,

the terms of those orders are to be treated for the purposes of sections 241 to 243 and 247 and Schedule 12 as a single term.

(4) See section 248 for the meaning of “relevant detention and training order”.

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C67 Ss. 237-240 modified by 2006 c. 52, s. 213(2)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C68 S. 238(3) applied by 2006 c. 52, s. 215 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 35 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I238 S. 238 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F97 239 Period on remand etc: effect on term of detention and training order E+W

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

Textual Amendments

F97 S. 239 omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 6

F98 240 Period of custody awaiting extradition: effect on term of detention and training order E+W

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

Textual Amendments

F98 S. 240 omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 6

241 The period of detention and training E+W

(1) An offender must serve the period of detention and training under a detention and training order in such youth detention accommodation as may be determined by the Secretary of State.

Release at half-way point

(2) Subject to subsections (3) to (5), the period of detention and training under a detention and training order is half of the term of the order.

Early release on compassionate grounds

(3) The Secretary of State may release the offender at any time if satisfied that exceptional circumstances exist which justify the offender's release on compassionate grounds.

Release before half-way point

(4) The Secretary of State may release the offender—

(a) in the case of an order for a term of—

(i) 8 months or more, but

(ii) less than 18 months,

at any time during the period of 1 month ending with the half-way point of the term of the order, and

(b) in the case of an order for a term of 18 months or more, at any time during the period of 2 months ending with that point.

Release after half-way point

(5) If a youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State must release the offender—

(a) in the case of an order for a term of—

(i) 8 months or more, but

(ii) less than 18 months,

1 month after the half-way point of the term of the order, and

(b) in the case of an order for a term of 18 months or more, 1 month or 2 months after that point.

[F99 Consecutive detention and training order and sentence of detention

(5A) Where the offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision—

(a) a sentence of detention under section 250 or 252A,

(b) a sentence of detention under section 209 or 224A of the Armed Forces Act 2006, or

(c) an extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),

subsection (4) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the sentence concerned, have released the offender.]

(6) Where—

(a) the court makes an order under subsection (5), and

(b) the offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision—

(i) a sentence of detention under section 250,

[F100 (ia) a sentence of detention under section 252A,]

(ii) a sentence of detention under section 209 of the Armed Forces Act 2006, or

(iii) an extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),

the order under subsection (5) must be expressed as an order that the period of detention and training attributable to the detention and training order is to end at the time determined under that subsection.

(7) This subsection applies to orders under the following provisions (which provide for sentences of detention to take effect when an offender is released for supervision under a detention and training order)—

(a) section 253(2) (offender under 18: sentence of detention to take effect on release for supervision under detention and training order),

(b) section 257(2) (offender under 18: extended sentence of detention), or

(c) any corresponding provision relating to an order under section 209 of, or made as a result of section 221A of, the Armed Forces Act 2006.

Detention to be legal custody

(8) An offender detained under a detention and training order is deemed to be in legal custody.

Textual Amendments

F99 S. 241(5A) and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 159(2), 208(5)(t)

F100 S. 241(6)(b)(ia) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(11)

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C69 S. 241 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

C70 S. 241 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I239 S. 241 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

242 The period of supervision E+W

(1) The period of supervision of an offender who is subject to a detention and training order—

(a) begins when the offender is released for supervision (whether at the half-way point of the term of the order or otherwise), and

(b) ends when the term of the order ends.

(2) During the period of supervision, the offender—

(a) is to be under the supervision of—

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

(ii) a member of a youth offending team, and

(b) may be required to comply with particular requirements.

(3) Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.

(4) The offender must be notified by the Secretary of State of—

(a) the category of person responsible for the offender's supervision, and

(b) any requirements with which the offender must comply.

(5) A notice under subsection (4) must be given to the offender—

(a) before the period of supervision begins, and

(b) before any change in the matters mentioned in that subsection.

(6) Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area within which the offender resides for the time being.

(7) Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C71 S. 242 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4) (with Sch. 27); S.I. 2020/1236, reg. 2)

C72 S. 242 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I240 S. 242 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

243 Breach of supervision requirement and further offences during order E+W

Schedule 12 makes provision about—

(a) breach of supervision requirements imposed under a detention and training order etc, and

(b) offences committed during the term of a detention and training order.

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I241 S. 243 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

244 Offender subject concurrently to detention and training order and sentence of detention in a young offender institution E+W

(1) This section applies where an offender is subject concurrently—

(a) to a relevant detention and training order (see section 248), and

(b) to a sentence of detention in a young offender institution,

at least one of which is imposed in respect of an offence of which the offender was convicted on or after [F101 1 December 2020].

(2) The offender is to be treated for the purposes of the following provisions as if subject only to the sentence of detention in a young offender institution—

(a) sections 241 to 243 and Schedule 12 (periods of detention and training and supervision, breach of supervision requirements and further offences);

(b) section 271 (detention in a young offender institution: place of detention);

(c) [F102 with the exception of sections 240ZA and 240A,] Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).

This is subject to subsection (3).

(3) Nothing in subsection (2) requires the offender to be released in respect of either the order or the sentence unless and until the offender is required to be released in respect of each of them.

(4) In subsection (1), “sentence of detention in a young offender institution” includes any sentence of detention in a young offender institution, whether imposed under this Code or otherwise.

(5) Subsection (2) has effect in relation to an order or sentence imposed in respect of an offence of which the offender was convicted before [F103 1 December 2020] as if the provisions referred to in paragraphs (a) to (c) included the provisions referred to in section 106(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of detention and training orders with sentences of detention in a young offender institution).

Textual Amendments

F101 Words in s. 244(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(3)

F102 Words in s. 244(2)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 7

F103 Words in s. 244(5) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(3)

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I242 S. 244 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

245 Offender subject concurrently to detention and training order and other sentence of detention E+W

(1) This section applies where an offender is subject concurrently to—

(a) a relevant detention and training order, and

(b) a relevant sentence of detention,

at least one of which is imposed in respect of an offence of which the offender was convicted on or after [F104 1 December 2020].

(See section 248 for the meaning of “relevant detention and training order” and “relevant sentence of detention”.)

(2) The offender is to be treated as if subject only to the relevant sentence of detention for the purposes of the following provisions—

(a) sections 241 to 243 and Schedule 12 (periods of detention and training and supervision, breach of supervision requirements and further offences);

(b) section 260 and section 261 (place of detention);

(c) [F105 with the exception of sections 240ZA and 240A,] Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release and supervision following release);

(d) section 210 of the Armed Forces Act 2006 (place of detention etc);

(e) section 214 of the Armed Forces Act 2006 (offences committed during a detention and training order under that Act).

This is subject to subsection (3).

(3) Nothing in subsection (2) requires the offender to be released in respect of either the order or the sentence unless and until the offender is required to be released in respect of each of them.

(4) Subsection (2) has effect in relation to a relevant detention and training order or relevant sentence of detention that is imposed in respect of an offence of which the offender was convicted before [F106 1 December 2020] as if the provisions referred to in paragraphs (a) to (e) included the provisions referred to in section 106A(8) of the Powers of Criminal Courts (Sentencing) Act 2000.

Textual Amendments

F104 Words in s. 245(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(4)

F105 Words in s. 245(2)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 8

F106 Words in s. 245(4) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(4)

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I243 S. 245 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

246 Effect of detention and training order made where offender has reached 18 E+W

(1) This section applies where—

(a) a court has power, by virtue of any enactment, to deal with a person for an offence in any way in which—

(i) a court could have dealt with the person on a previous occasion, or

(ii) a court could deal with the person if the person were the same age as when convicted,

(b) in exercise of the power, the court makes a detention and training order for any term, and

(c) the person has reached the age of 18.

(2) The person is to be treated as if sentenced to detention in a young offender institution for the same term.

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C73 S. 246 modified by 2006 c. 52, s. 213(2)(b) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I244 S. 246 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

247 Further supervision after end of term of detention and training order E+W

(1) This section applies where a detention and training order is made in respect of an offender if—

(a) the offender is aged 18 or over at the half-way point of the term of the order,

(b) the term of the order is less than 24 months, and

(c) the order was imposed in respect of an offence committed on or after 1 February 2015.

(2) The following provisions of the Criminal Justice Act 2003 (which relate to supervision after end of sentence) apply as they apply in cases described in section 256AA(1) of that Act—

(a) sections 256AA(2) to (11), 256AB and 256AC,

(b) sections 256D and 256E, and

(c) Schedule 19A,

but with the following modifications.

(3) “The supervision period”, in relation to the offender, is the period which—

(a) begins on the expiry of the term of the detention and training order, and

(b) ends on the expiry of the period of 12 months beginning immediately after the half-way point of the term of the order.

(4) “The supervisor”, in relation to the offender, must be—

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

(b) a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

(5) The power in section 256AB(4) of the Criminal Justice Act 2003 (power of Secretary of State to amend requirements that may be imposed) includes power—

(a) to make provision about the supervision requirements that may be imposed under section 256AA of that Act as applied by this section, and

(b) to amend any provision of the Powers of Criminal Courts (Sentencing) Act 2000 or any provision of this Code derived from that Act.

(6) Subsection (7) applies where the term of the detention and training order is determined by section 238(3) (offender subject to two or more detention and training orders).

(7) The offender is subject to supervision under section 256AA of the Criminal Justice Act 2003 (as applied by this section) if that section (as applied) so requires in respect of one or more of the detention and training orders.

(8) For the purposes of subsection (1), where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is taken to have been committed on the last of those days.

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C74 S. 247 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4) (with Sch. 27); S.I. 2020/1236, reg. 2)

C75 S. 247 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I245 S. 247 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

248 Detention and training orders: interpretation E+W

(1) In section 241 and Schedule 12 “youth detention accommodation” means—

(a) a secure training centre,

(b) a secure college,

[F107 (ba) a secure 16 to 19 Academy,]

(c) a young offender institution,

(d) accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children and young persons,

(e) accommodation provided for that purpose under section 82(5) of the Children Act 1989 (financial support by the Secretary of State), or

(f) such other accommodation or descriptions of accommodation as the Secretary of State may specify by regulations.

(2) In sections 241, 242 and 247 and in Schedule 12, references to the term of a detention and training order are to be read in accordance with section 238(3).

(3) In sections 237, 238, 244 and 245 and Schedule 12, “relevant detention and training order” means—

(a) a detention and training order under section 233,

(b) an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or

(c) an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before Code comes into force).

(4) In sections 237 and 245, “relevant sentence of detention” means—

(a) a sentence of detention under section 250,

[F108 (aa) a sentence of detention under section 252A,]

(b) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period),

(c) a sentence of detention under section 209 of the Armed Forces Act 2006 (whether passed before or after this Code comes into force),

(d) an extended sentence of detention under section 254, including one passed as a result of section 221A of the Armed Forces Act 2006, or

(e) a sentence under section 226B or 228 of the Criminal Justice Act 2003 (extended sentence of detention: offenders aged under 18 convicted before this Code comes into force), including one passed as a result of section 221A or 222 of the Armed Forces Act 2006.

(5) For the purposes of this Code, an offender who is subject to a detention and training order or an order mentioned in subsection (3)(b) or (c) is released for supervision when released by virtue of—

(a) section 241(2), (3), (4) or (5), or

(b) in the case of an order to which section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (the “2000 Act”) applies (including one made under section 211 of the Armed Forces Act 2006), subsection (2), (3), (4) or (5) of section 102 of the 2000 Act.

(6) Regulations under subsection (1)(f) are subject to the affirmative resolution procedure.

(7) Subsection (4) of section 407 (general powers to make provision in regulations) does not apply to the power conferred by subsection (1)(f).

Textual Amendments

F107 S. 248(1)(ba) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(3), 208(4)(t)

F108 S. 248(4)(aa) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(12)

Modifications etc. (not altering text)

C66 Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I246 S. 248 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Detention for specified period E+W

249 Sentence of detention under section 250: availability E+W

(1) A sentence of detention under section 250 is available where a person aged under 18 is convicted on indictment of an offence listed in the following table [F109 (but the court is not required to pass a sentence of detention under section 252A)]—

Offences punishable with imprisonment for at least 14 years
(a)	an offence which— (i) is not an offence for which the sentence is fixed by law, and (ii) is punishable in the case of a person aged 21 or over with imprisonment for 14 years or more;
Sexual offences
(b)	an offence under any of the following provisions of the Sexual Offences Act 2003— (i) section 3 (sexual assault); (ii) section 13 (child sex offences committed by children or young persons); (iii) section 25 (sexual activity with a child family member); (iv) section 26 (inciting a child family member to engage in sexual activity);
Offences related to firearms
(c)	an offence (other than one within paragraph (a)) which— (i) is listed in Schedule 20 (firearms offences to which minimum sentence applies), and (ii) was committed when the offender was aged 16 or over.

(2) For circumstances in which a court is required to impose a sentence of detention under section 250, see—

(a) [F110 sections 258 and 258A] (required sentence of detention for life);

(b) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

(3) Where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of paragraph (c)(ii) of the table in subsection (1) to have been committed on the last of those days.

Textual Amendments

F109 Words in s. 249(1) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(13)

F110 Words in s. 249(2)(a) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(4), 208(5)(b)

Modifications etc. (not altering text)

C76 S. 249: power to exclude conferred by 1988 c. 45, s. 1(4B) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 94(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I247 S. 249 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

250 Sentence of detention: offender convicted of certain serious offences E+W

A sentence of detention under this section is a sentence requiring the offender to be detained for the period specified in the sentence.

Commencement Information

I248 S. 250 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

251 Exercise of power to impose sentence of detention under section 250 E+W

(1) Subsection (2) applies where a sentence of detention under section 250 is available by virtue of section 249(1).

(2) The court may impose such a sentence if it is of the opinion that neither a youth rehabilitation order nor a detention and training order is suitable.

(3) This is subject to (in particular) section 230 (threshold for imposing discretionary custodial sentence) and section 231 (length of discretionary custodial sentences: general provision).

Commencement Information

I249 S. 251 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

252 Maximum sentence E+W

(1) This section applies where the court imposes a sentence of detention under section 250 by virtue of—

(a) section 251, or

(b) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

(2) The period of detention specified in the sentence must not exceed—

(a) the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, or

(b) life, if the offence is punishable with imprisonment for life in the case of a person aged 21 or over.

Commencement Information

I250 S. 252 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F111 Special custodial sentence for terrorist offenders E+W

Textual Amendments

F111 S. 252A and cross-heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(2), 50(1)(c)

252A Required special sentence of detention for terrorist offenders of particular concern E+W

(1) Subsections (3) to (5) apply where—

(a) a person aged under 18 is convicted of an offence listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),

(b) the offence was committed on or after the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(c) the court does not impose either of the following for the offence (or for an offence associated with it)—

(i) a sentence of detention for life under section 250, or

(ii) an extended sentence of detention under section 254, and

(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).

(2) In determining for the purposes of subsection (1)(d) whether it would impose a custodial sentence, the court must disregard any restriction on its power to impose such a sentence by reference to the age of the offender.

(3) The court must impose a sentence of detention under this section.

(4) The term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be subject to a licence,

and must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

(5) For the purposes of subsection (4), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

(6) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days.]

[F112 Sentences of detention passed during detention and training order] E+W

Textual Amendments

F112 S. 253 cross-heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(14)

253 Sentence of detention passed on offender subject to detention and training order E+W

(1) This section applies where a court imposes a sentence of detention under section 250 [F113 or 252A] in the case of an offender who is subject to a relevant detention and training order.

(2) If the offender has not at any time been released for supervision under the relevant detention and training order, the court may order that the sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).

(3) Otherwise, the sentence of detention takes effect at the beginning of the day on which it is passed.

(4) In this section “relevant detention and training order” means—

(a) a detention and training order under section 233,

(b) an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or

(c) an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).

Textual Amendments

F113 Words in s. 253(1) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(15)

Modifications etc. (not altering text)

C77 S. 253 modified by 2006 c. 52, s. 213(3A) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C78 S. 253 modified by 2006 c. 52, s. 213(2)(c) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I251 S. 253 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extended sentences E+W

254 Extended sentence for certain violent, sexual or terrorism offences E+W

An extended sentence of detention under this section is a sentence of detention the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 256), and

(b) a further period (the “extension period”) for which the offender is to be subject to a licence.

Commencement Information

I252 S. 254 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

255 Extended sentence of detention: availability E+W

(1) An extended sentence of detention under section 254 is available where a court is dealing with an offender for an offence if—

(a) the offence—

(i) is a specified offence (see section 306(1)), and

[F114 (ii) is one for which a sentence of detention is available under section 250 or 252A (see the table in section 249(1) and section 252A(1)(a) and (b)),]

(b) the offender is aged under 18 when convicted,

(c) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see section 308),

(d) the court is not required by section 258(2) [F115 or 258A(2)] to impose a sentence of detention for life under section 250, and

(e) if the court were to impose an extended sentence, the term that it would specify as the appropriate custodial term (see section 256) would be at least 4 years.

(2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion referred to in subsection (1)(c).

Textual Amendments

F114 S. 255(1)(a)(ii) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(16)

F115 Words in s. 255(1)(d) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(5), 208(5)(b)

Commencement Information

I253 S. 255 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

256 Term of extended sentence of detention under section 254 E+W

(1) This section applies where a court is determining—

(a) the appropriate custodial term, and

(b) the extension period,

of an extended sentence of detention under section 254 to be imposed on an offender in respect of an offence.

(2) The appropriate custodial term is the term of detention that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence.

(3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences.

This is subject to subsections (4) and (5).

(4) The extension period must—

(a) be at least 1 year, and

(b) not exceed—

(i) 5 years in the case of a specified violent offence [F116 (unless sub-paragraph (iii) applies)];

(ii) 8 years in the case of a specified sexual offence or a specified terrorism offence [F117 (unless sub-paragraph (iii) applies)];

[F118 (iii) 10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 16 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” [F119 and “specified terrorism offence”] [F119 , “specified terrorism offence” and “serious terrorism offence”].

(5) The term of the extended sentence of detention under section 254 must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

Textual Amendments

F116 Words in s. 256(4)(b)(i) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 16(2)(a), 50(2)(i)(3)(d)

F117 Words in s. 256(4)(b)(ii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 16(2)(b), 50(2)(i)(3)(d)

F118 S. 256(4)(b)(iii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 16(2)(c), 50(2)(i)(3)(d)

F119 Words in s. 256(4) substituted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 16(3), 50(2)(i)(3)(d)

Modifications etc. (not altering text)

C79 S. 256(2)-(5) applied (with modifications) by 2006 c. 52, s. 221A(3)(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I254 S. 256 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

257 Extended sentence under section 254 where offender subject to detention and training order E+W

(1) This section applies where the court imposes an extended sentence of detention under section 254 in the case of an offender who is subject to a relevant detention and training order.

(2) If the offender has not at any time been released for supervision under the relevant detention and training order, the court may order that the extended sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).

(3) Otherwise, the extended sentence of detention takes effect at the beginning of the day on which it is passed.

(4) In this section “relevant detention and training order” means—

(a) a detention and training order under section 233,

(b) an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or

(c) an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).

Modifications etc. (not altering text)

C80 S. 257 modified by 2006 c. 52, s. 213(2)(c) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C81 S. 257 modified by 2006 c. 52, s. 213(3B) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I255 S. 257 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Detention for life etc E+W

258 Required sentence of detention for life for offence carrying life sentence E+W

(1) This section applies where—

(a) a person aged under 18 is convicted of a Schedule 19 offence (see section 307),

(b) the court considers that the seriousness of—

(i) the offence, or

(ii) the offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life, and

(c) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see sections 306(1) and 308).

(2) The court must impose a sentence of detention for life under section 250.

(3) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

(4) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

Modifications etc. (not altering text)

C82 S. 258(2) applied (with modifications) by 2006 c. 52, s. 221(2)(3)(6) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(3)(4)(6) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I256 S. 258 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F120 258A Required sentence of detention for life for manslaughter of emergency worker E+W

(1) This section applies where—

(a) a person aged under 18 is convicted of a relevant offence,

(b) the offence was committed—

(i) when the person was aged 16 or over, and

(ii) on or after the relevant commencement date, and

(c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker.

(2) The court must impose a sentence of detention for life under section 250 unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.

(3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(4) In this section “relevant offence” means the offence of manslaughter, but does not include—

(a) manslaughter by gross negligence, or

(b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).

(5) In this section—

• “emergency worker” has the meaning given by section 68;

• “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.

(6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.]

Textual Amendments

F120 S. 258A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(6), 208(5)(b)

259 Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasure E+W

(1) This section applies where—

(a) a court is dealing with a person convicted of—

(i) murder, or

(ii) any other offence the sentence for which is fixed by law as life imprisonment, and

(b) the person appears to the court to have been aged under 18 at the time the offence was committed.

(2) The court must sentence the offender to be detained during Her Majesty's pleasure.

(3) Subsection (2) applies notwithstanding anything in this or any other Act.

Commencement Information

I257 S. 259 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Detention under this Chapter E+W

260 Detention under section 250 [F121 , 252A] or 259 E+W

(1) Detention under section 250 [F122 , 252A] or 259 is to be in such place and under such conditions—

(a) as the Secretary of State may direct, or

(b) as the Secretary of State may arrange with any person.

(2) A person detained pursuant to directions or arrangements made by the Secretary of State under this section is deemed to be in legal custody.

Textual Amendments

F121 Word in s. 260 heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(17)

F122 Word in s. 260(1) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(17)

Commencement Information

I258 S. 260 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

261 Detention in pursuance of extended sentence E+W

Detention under section 254 (extended sentence of detention) is to be in a place and under conditions determined by, or by a person authorised for the purpose by, the Secretary of State.

Modifications etc. (not altering text)

C83 S. 261 applied by 2006 c. 52, s. 224 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 44 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I259 S. 261 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Adults aged under 21

Detention in a young offender institution E+W

262 Detention in a young offender institution for offender at least 18 but under 21 E+W

(1) A sentence of detention in a young offender institution is available to a court dealing with an offender for an offence where—

(a) the offender is aged at least 18 but under 21 when convicted,

(b) the offence is punishable by that court with imprisonment in the case of a person aged 21 or over, and

(c) the court is not required to pass a sentence of—

(i) detention during Her Majesty's pleasure (see section 259), or

(ii) custody for life (see sections 272 and 275).

(2) Where—

(a) a sentence of detention in a young offender institution is available, and

(b) the court is not required to impose such a sentence,

the power of the court to impose such a sentence is subject (in particular) to section 230 (threshold for imposing discretionary custodial sentence).

(3) For circumstances in which a court is required to impose a sentence of detention in a young offender institution, see the provisions mentioned in[F123 —

(a) section 399(ba) (serious terrorism sentences);

(b)] section 399(c) (mandatory minimum sentences).

Textual Amendments

F123 Words in s. 262(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(9)

Commencement Information

I260 S. 262 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

263 Term of detention in a young offender institution E+W

(1) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.

(2) The minimum term of a sentence of detention in a young offender institution is 21 days.

(3) Section 231 (length of discretionary custodial sentences: general provision), in particular, applies in determining the term of a sentence of detention in a young offender institution.

(4) For further provision about the term of a sentence of detention in a young offender institution, see—

(a) section 265 (special sentence for certain offenders of particular concern);

(b) section 268 (extended sentence).

[F124 (c) section 268B (serious terrorism sentence).]

Textual Amendments

F124 S. 263(4)(c) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(10)

Commencement Information

I261 S. 263 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Suspended sentence of detention in a young offender institution E+W

264 Suspended sentence order for offender under 21: availability E+W

(1) This section applies where, in dealing with an offender for an offence, the court imposes a sentence of detention in a young offender institution.

(2) A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of detention in a young offender institution is not more than 2 years.

(3) But a suspended sentence order is not available in relation to that sentence if—

(a) the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion which are to be served consecutively, and

(b) the terms of those sentences are in aggregate more than 2 years.

(4) For provision about suspended sentences see Chapter 5 .

Modifications etc. (not altering text)

C84 S. 264 modified by 2006 c. 52, s. 200(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I262 S. 264 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Special custodial sentence for certain offenders of particular concern E+W

265 Required special sentence for certain offenders of particular concern E+W

(1) This section applies where a court imposes a sentence of detention in a young offender institution for an offence where—

(a) the offence is listed in Schedule 13,

(b) the offender—

F125 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) is aged [F126 at least 18 but] under 21 when convicted of the offence, and

(c) the court does not impose [F127 any] of the following for the offence (or for an offence associated with it)—

(i) an extended sentence under section 266,

[F128 (ia) a serious terrorism sentence under section 268A,] or

(ii) a sentence of custody for life under section 272.

[F129 (1A) But this section does not apply if—

(a) the offender was aged under 18 when the offence was committed, and

(b) the offence—

(i) was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or

(ii) is listed in Part 2 of Schedule 13 (sexual offences).]

(2) The term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be subject to a licence,

and must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

(3) For the purposes of subsection (2), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

[F130 (4) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days.]

Textual Amendments

F125 S. 265(1)(b)(i) omitted (30.4.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(a)(i), 50(1)(c)

F126 Words in s. 265(1)(b)(ii) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(a)(ii), 50(1)(c)

F127 Word in s. 265(1)(c) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(11)(a)

F128 S. 265(1)(c)(ia) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(11)(b)

F129 S. 265(1A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(b), 50(1)(c)

F130 S. 265(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(18)

Modifications etc. (not altering text)

C85 S. 265(2)(3) applied by 2006 c. 52, s. 224A(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I263 S. 265 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extended sentence of detention in a young offender institution E+W

266 Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences E+W

An extended sentence of detention in a young offender institution is a sentence of detention in a young offender institution the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 268), and

(b) a further period (the “extension period”) for which the offender is to be subject to a licence.

Commencement Information

I264 S. 266 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

267 Extended sentence of detention in a young offender institution: availability E+W

(1) An extended sentence of detention in a young offender institution is available in respect of an offence where—

(a) the offence is a specified offence (see section 306(1)),

(b) the offender is aged at least 18 but under 21 when convicted of the offence,

(c) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see section 308),

(d) the court is not required by section 273 [F131 , 274 or 274A] to impose a sentence of custody for life,

[F132 (da) the court is not required by section 268B to impose a serious terrorism sentence for the offence or for an offence associated with it,] and

(e) the earlier offence condition or the 4 year term condition is met.

(2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

(3) The earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in [F133 Part 1, 2 or 3 of] Schedule 14.

[F134 (3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14.]

(4) The 4 year term condition is that, if the court were to impose an extended sentence, the term that it would specify as the appropriate custodial term (see section 268) would be at least 4 years.

Textual Amendments

F131 Words in s. 267(1)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(7), 208(5)(b)

F132 S. 267(1)(da) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(12)

F133 Words in s. 267(3) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 87A(a) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(4))

F134 S. 267(3A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 87A(b) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(4))

Commencement Information

I265 S. 267 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

268 Term of extended sentence of detention in a young offender institution E+W

(1) This section applies where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266.

(2) The appropriate custodial term is the term of detention in a young offender institution that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence.

(3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences.

This is subject to subsections (4) and (5).

(4) The extension period must—

(a) be at least 1 year, and

(b) not exceed—

(i) 5 years in the case of a specified violent offence [F135 (unless sub-paragraph (iii) applies);] or

(ii) 8 years in the case of a specified sexual offence or a specified terrorism offence [F136 (unless sub-paragraph (iii) applies);]

[F137 (iii) 10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 17 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” [F138 and “specified terrorism offence”] [F138 , “specified terrorism offence” and “serious terrorism offence”].

(5) The term of the extended sentence must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

Textual Amendments

F135 Words in s. 268(4)(b)(i) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(2)(a), 50(2)(j)(3)(e)

F136 Words in s. 268(4)(b)(ii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(2)(b), 50(2)(j)(3)(e)

F137 S. 268(4)(b)(iii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(2)(c), 50(2)(j)(3)(e)

F138 Words in s. 268(4) substituted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(3), 50(2)(j)(3)(e)

Modifications etc. (not altering text)

C86 S. 268(2)-(5) applied (with modifications) by 2006 c. 52, s. 219A(5)(6) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I266 S. 268 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F139 Serious terrorism sentence E+W

Textual Amendments

F139 Ss. 268A-268C and cross-heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 4, 50(2)(c)

268A Serious terrorism sentence of detention in a young offender institution E+W

A serious terrorism sentence of detention in a young offender institution is a sentence of detention in a young offender institution the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 268C), and

(b) a further period (the “extension period”) for which the offender is to be subject to a licence.

268B Serious terrorism sentence of detention in a young offender institution: circumstances in which required E+W

(1) Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where—

(a) the offence was committed on or after the day on which section 4 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) the offender was aged 18 or over when the offence was committed,

(c) the offender is aged under 21 when convicted of the offence,

(d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences (see section 308),

(e) the court does not impose a sentence of custody for life, and

(f) the risk of multiple deaths condition is met.

(2) The court must impose a serious terrorism sentence of detention in a young offender institution under section 268A unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.

(3) The risk of multiple deaths condition is that the court is of the opinion that—

(a) either—

(i) the serious terrorism offence, or

(ii) the combination of the offence and one or more offences associated with it,

was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000), and

(b) the offender was, or ought to have been, aware of that likelihood.

(4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred.

(5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days.

(6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d).

268C Term of serious terrorism sentence of detention in a young offender institution E+W

(1) This section applies where the court dealing with an offender is required by section 268B to impose a serious terrorism sentence of detention in a young offender institution under section 268A.

(2) The appropriate custodial term is—

(a) 14 years, or

(b) if longer, the term of detention in a young offender institution that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences) if the court did not impose a serious terrorism sentence (or an extended sentence or a sentence under section 265).

(3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences.

This is subject to subsection (4).

(4) The extension period must—

(a) be at least 7 years, and

(b) not exceed 25 years.]

Detention in a young offender institution: consecutive sentences etc E+W

269 Detention in a young offender institution: consecutive sentences E+W

(1) Where—

(a) an offender is convicted of more than one offence for which a sentence of detention in a young offender institution is available, or

(b) an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which a sentence of detention in a young offender institution is available,

the court has the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment.

(2) Where an offender who—

(a) is serving a sentence of detention in a young offender institution, and

(b) is aged 21 or over,

is convicted of one or more further offences for which the offender is liable to imprisonment, the court has the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution.

This is subject to section 225 (restriction on consecutive sentences for released prisoners).

Commencement Information

I267 S. 269 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

270 Sentence of detention in a young offender institution where offender subject to detention and training order E+W

(1) This section applies where the court imposes a sentence of detention in a young offender institution in the case of an offender who is subject to a relevant detention and training order.

(2) If the offender has not at any time been released for supervision under the detention and training order, the court may order that the sentence of detention in a young offender institution is to take effect at the time when the offender would otherwise be released under the relevant detention and training order (see section 248(5)).

(3) Otherwise, the sentence of detention in a young offender institution takes effect at the beginning of the day on which it is passed.

(4) In this section “relevant detention and training order” means—

(a) a detention and training order under section 233,

(b) an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or

(c) an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).

Modifications etc. (not altering text)

C87 S. 270 modified by 2006 c. 52, s. 213(2)(d) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I268 S. 270 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Detention in a young offender institution: further provision E+W

271 Detention in a young offender institution: place of detention E+W

(1) An offender sentenced to detention in a young offender institution is to be detained in a young offender institution unless a direction under subsection (2) is in force in relation to the offender.

This is subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc).

(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution is to be detained in a prison instead of a young offender institution.

Commencement Information

I269 S. 271 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Custody for life E+W

272 Offences other than murder E+W

(1) This section applies where a person aged at least 18 but under 21 is convicted of an offence for which the sentence is not fixed by law.

(2) The court must sentence the offender to custody for life if—

(a) the offence is punishable in the case of a person aged 21 or over with imprisonment for life, and the court considers that a sentence for life would be appropriate, or

(b) the court is required by section 273 [F140 , 274 or 274A] to impose a sentence of custody for life.

(3) Sections 230 (threshold for imposing discretionary custodial sentence) and 231 (length of discretionary custodial sentences: general provision), in particular, apply for the purposes of subsection (2)(a).

Textual Amendments

F140 Words in s. 272(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(8), 208(5)(b)

Commencement Information

I270 S. 272 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

273 Custody for life for second listed offence E+W

(1) Subsection (3) applies where—

(a) a court is dealing with an offender for an offence (“the index offence”) that is listed in Part 1 of Schedule 15,

(b) the index offence was committed on or after the relevant date,

(c) the offender is aged 18 or over but under 21 when convicted of the index offence, and

(d) the sentence condition and the previous offence condition are met.

(2) In subsection (1)(b), “relevant date”, in relation to an offence, means the date specified for that offence in Part 1 of Schedule 15.

(3) The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are particular circumstances which—

(a) relate to—

(i) the index offence,

(ii) the previous offence referred to in subsection (5), or

(iii) the offender, and

(b) would make it unjust to do so in all the circumstances.

(4) The sentence condition is that, but for this section, the court would impose a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period that it would impose under section 266.

Sections 230(2) and 231(2) apply for this purpose.

(5) The previous offence condition is that—

(a) when the index offence was committed, the offender had been convicted of an offence (“the previous offence”) listed in Schedule 15, and

(b) a relevant life sentence or a relevant sentence of detention for a determinate period was imposed on the offender for the previous offence.

(6) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the index offence was committed.

(7) A life sentence is relevant for the purposes of subsection (5)(b) if—

(a) the offender was not eligible for release during the first 5 years of the sentence, or

(b) the offender would not have been eligible for release during that period but for the reduction of the period of ineligibility to take account of a relevant pre-sentence period.

(8) An extended sentence imposed under the Criminal Justice Act 2003 or this Code (including one imposed as a result of the Armed Forces Act 2006) is relevant for the purposes of subsection (5)(b) if the appropriate custodial term imposed was 10 years or more.

(9) Any other extended sentence is relevant for the purposes of subsection (5)(b) if the custodial term imposed was 10 years or more.

(10) Any other sentence of detention for a determinate period is relevant for the purposes of subsection (5)(b) if it was for a period of 10 years or more.

(11) An extended sentence or other sentence of detention is also relevant if it would have been relevant under subsection (9) or (10) but for the reduction of the sentence, or any part of the sentence, to take account of a relevant pre-sentence period.

(12) For the purposes of subsections (5) to (11)—

• “extended sentence” means—

  (a)

  a sentence imposed under section 254 or 266 (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006), or

  (b)

  a sentence imposed under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 (including one imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006),

  or an equivalent sentence imposed under the law of Scotland [F141 or Northern Ireland];

• “life sentence” means—

  (a)

  a sentence of detention for life under—

  (i)

  section 250,

  (ii)

  section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, or

  (iii)

  section 209 of the Armed Forces Act 2006,

  (b)

  a sentence of detention during Her Majesty's pleasure under—

  (i)

  section 259,

  (ii)

  section 90 of the Powers of Criminal Courts (Sentencing) Act 2000, or

  (iii)

  section 218 of the Armed Forces Act 2006, or

  (c)

  a sentence of custody for life under—

  (i)

  section 272 or 275 (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006), or

  (ii)

  section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (including one passed as a result of paragraph 6 or 7 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)),

  or an equivalent sentence imposed under the law of Scotland [F142 or Northern Ireland];

• “relevant pre-sentence period”, in relation to the previous offence referred to in subsection (5), means any period which the offender spent in custody or on bail before the sentence for that offence was imposed;

• “sentence of detention” includes any sentence of a period in custody (however expressed).

[F143 (12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.]

(13) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(14) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (1)(b), (5)(a) and (6) to have been committed on the last of those days.

Textual Amendments

F141 Words in s. 273(12) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 88(1)(a) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(5)(a))

F142 Words in s. 273(12) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 88(1)(b) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(5)(a))

F143 S. 273(12A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 88(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(5)(b))

Modifications etc. (not altering text)

C88 S. 273(3) applied (with modifications) by 2006 c. 52, s. 218A(1B)(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(3)(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C89 S. 273(12A) modified (31.12.2020) by 2006 c. 52, s. 218A(6A) (as inserted by 2020 c. 17, Sch. 26 para. 12(1)(db) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 6(2)(b)))

Commencement Information

I271 S. 273 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

274 Required sentence of custody for life for offence carrying life sentence E+W

(1) This section applies where a court is dealing with an offender for an offence where—

(a) the offender is aged 18 or over but under 21 when convicted of the offence,

(b) the offence is a Schedule 19 offence (see section 307), and

(c) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see sections 306(1) and 308).

(2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

(3) If the court considers that the seriousness of—

(a) the offence, or

(b) the offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of custody for life, the court must impose a sentence of custody for life under section 272.

(4) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

Modifications etc. (not altering text)

C90 S. 274(3) applied (with modifications) by 2006 c. 52, s. 219(1A)(3)(5) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(3)(5)(7) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I272 S. 274 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F144 274A Required sentence of custody for life for manslaughter of emergency worker E+W

(1) This section applies where—

(a) a person aged 18 or over but under 21 is convicted of a relevant offence,

(b) the offence was committed—

(i) when the person was aged 16 or over, and

(ii) on or after the relevant commencement date, and

(c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker.

(2) The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.

(3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(4) In this section “relevant offence” means the offence of manslaughter, but does not include—

(a) manslaughter by gross negligence, or

(b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).

(5) In this section—

• “emergency worker” has the meaning given by section 68;

• “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.

(6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.]

Textual Amendments

F144 S. 274A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(9), 208(5)(b)

275 Duty to impose custody for life for offence of murder E+W

(1) Where a person aged under 21 is convicted of—

(a) murder, or

(b) any other offence the sentence for which is fixed by law as life imprisonment,

the court must sentence the offender to custody for life.

(2) Subsection (1) does not apply where the offender is liable to be detained under section 259 (detention at Her Majesty's pleasure for offender under 18).

Commencement Information

I273 S. 275 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

276 Custody for life: place of detention E+W

(1) An offender sentenced to custody for life is to be detained in a young offender institution unless a direction under subsection (2) is in force in relation to the offender.

This is subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc).

(2) The Secretary of State may from time to time direct that an offender sentenced to custody for life is to be detained in a prison instead of a young offender institution.

Commencement Information

I274 S. 276 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 4 E+W Adults aged 21 and over

Suspended sentence of imprisonment E+W

277 Suspended sentence order for person aged 21 or over: availability E+W

(1) This section applies where, in dealing with an offender for an offence, a court passes a sentence of imprisonment.

(2) A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of imprisonment is—

(a) at least 14 days, but

(b) not more than 2 years.

(3) But a suspended sentence order is not available in relation to that sentence if—

(a) the sentence of imprisonment is one of two or more sentences imposed on the same occasion which are to be served consecutively, and

(b) the terms of those sentences are in aggregate more than 2 years.

(4) For provision about suspended sentences, see Chapter 5 .

Modifications etc. (not altering text)

C91 S. 277 modified by 2006 c. 52, s. 200(1)(b) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I275 S. 277 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Special custodial sentence for certain offenders of particular concern E+W

278 Required special custodial sentence for certain offenders of particular concern E+W

(1) This section applies where the court imposes a sentence of imprisonment for an offence where—

(a) the offence is listed in Schedule 13,

(b) the person—

F145 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) is aged 21 or over when convicted of the offence, and

(c) the court does not impose [F146 any] of the following for the offence (or for an offence associated with it)—

(i) an extended sentence under section 279,

[F147 (ia) a serious terrorism sentence under section 282A,] or

(ii) a sentence of imprisonment for life.

[F148 (1A) But this section does not apply if—

(a) the offender was aged under 18 when the offence was committed, and

(b) the offence—

(i) was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or

(ii) is listed in Part 2 of Schedule 13 (sexual offences).]

(2) The term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be subject to a licence,

and must not exceed the maximum term of imprisonment with which the offence is punishable.

(3) For the purposes of subsection (2), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

[F149 (4) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days.]

Textual Amendments

F145 S. 278(1)(b)(i) omitted (30.4.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(4)(a), 50(1)(c)

F146 Word in s. 278(1)(c) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(13)(a)

F147 S. 278(1)(c)(ia) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(13)(b)

F148 S. 278(1A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(4)(b), 50(1)(c)

F149 S. 278(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(19)

Modifications etc. (not altering text)

C92 S. 278(2)(3) applied by 2006 c. 52, s. 224A(2A) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I276 S. 278 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extended sentences E+W

279 Extended sentence of imprisonment for certain violent, sexual or terrorism offences: persons 21 or over E+W

An extended sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 281), and

(b) a further period (the “extension period”) for which the offender is to be subject to a licence.

Commencement Information

I277 S. 279 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

280 Extended sentence of imprisonment: availability E+W

(1) An extended sentence of imprisonment is available in respect of an offence where—

(a) the offence is a specified offence (see section 306(1)),

(b) the offender is aged 21 or over when convicted of the offence,

(c) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see section 308),

(d) the court is not required by section 283 [F150 , 285 or 285A] to impose a sentence of imprisonment for life,

[F151 (da) the court is not required by section 282B to impose a serious terrorism sentence for the offence or for an offence associated with it,] and

(e) the earlier offence condition or the 4 year term condition is met.

(2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

(3) The earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in [F152 Part 1, 2 or 3 of] Schedule 14.

[F153 (3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14].

(4) The 4 year term condition is that, if the court were to impose an extended sentence of imprisonment, the term that it would specify as the appropriate custodial term (see section 281) would be at least 4 years.

Textual Amendments

F150 Words in s. 280(1)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(10), 208(5)(b)

F151 S. 280(1)(da) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(14)

F152 Words in s. 280(3) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 88A(a) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(6))

F153 S. 280(3A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 88A(b) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(6))

Commencement Information

I278 S. 280 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

281 Term of extended sentence of imprisonment E+W

(1) This section applies where the court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279.

(2) The appropriate custodial term is the term of imprisonment that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence of imprisonment.

(3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences.

This is subject to subsections (4) and (5).

(4) The extension period must—

(a) be at least 1 year, and

(b) not exceed—

(i) 5 years in the case of a specified violent offence [F154 (unless sub-paragraph (iii) applies)];

(ii) 8 years in the case of a specified sexual offence or a specified terrorism offence [F155 (unless sub-paragraph (iii) applies)];

[F156 (iii) 10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 18 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” [F157 and “specified terrorism offence”] [F157 , “specified terrorism offence” and “serious terrorism offence”].

(5) The term of the extended sentence of imprisonment must not exceed the maximum term of imprisonment with which the offence is punishable.

Textual Amendments

F154 Words in s. 281(4)(b)(i) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 18(2)(a), 50(2)(j)(3)(e)

F155 Words in s. 281(4)(b)(ii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 18(2)(b), 50(2)(j)(3)(e)

F156 S. 281(4)(b)(iii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 18(2)(c), 50(2)(j)(3)(e)

F157 Words in s. 281(4) substituted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 18(3), 50(2)(j)(3)(e)

Modifications etc. (not altering text)

C93 S. 281(2)-(5) applied (with modifications) by 2006 c. 52, s. 219A(8)(9) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I279 S. 281 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

282 Extended sentences for offences committed before 4 April 2005 E+W

In section 280(1)(a) and section 281(4)(b), references to a specified offence, a specified violent offence, a specified sexual offence and a specified terrorism offence include an offence that—

(a) was abolished before 4 April 2005, and

(b) would have constituted such an offence if committed on the day on which the offender is convicted of the offence.

Commencement Information

I280 S. 282 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F158 Serious terrorism sentence E+W

Textual Amendments

F158 Ss. 282A-282C and cross-heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 5, 50(2)(c)

282A Serious terrorism sentence of imprisonment: persons 21 or over E+W

A serious terrorism sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 282C), and

(b) a further period (the “extension period”) for which the offender is to be subject to a licence.

282B Serious terrorism sentence of imprisonment: circumstances in which required E+W

(1) Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where—

(a) the offence was committed on or after the day on which section 5 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) the offender was aged 18 or over when the offence was committed,

(c) the offender is aged 21 or over when convicted of the offence,

(d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences (see section 308),

(e) the court does not impose a sentence of imprisonment for life, and

(f) the risk of multiple deaths condition is met.

(2) The court must impose a serious terrorism sentence of imprisonment under section 282A unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.

(3) The risk of multiple deaths condition is that the court is of the opinion that—

(a) either—

(i) the serious terrorism offence, or

(ii) the combination of the offence and one or more offences associated with it,

was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000), and

(b) the offender was, or ought to have been, aware of that likelihood.

(4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred.

(5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days.

(6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d).

282C Term of serious terrorism sentence of imprisonment E+W

(1) This section applies where the court dealing with an offender is required by section 282B to impose a serious terrorism sentence of imprisonment under section 282A.

(2) The appropriate custodial term is—

(a) 14 years, or

(b) if longer, the term of imprisonment that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences) if the court did not impose a serious terrorism sentence of imprisonment (or an extended sentence or a sentence under section 278).

(3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences.

This is subject to subsection (4).

(4) The extension period must—

(a) be at least 7 years, and

(b) not exceed 25 years.]

Life sentences E+W

283 Life sentence for second listed offence E+W

(1) Subsection (3) applies where—

(a) a court is dealing with an offender for an offence (“the index offence”) that is listed in Part 1 of Schedule 15,

(b) the index offence was committed on or after the relevant date,

(c) the offender is aged 21 or over when convicted of the index offence, and

(d) the sentence condition and the previous offence condition are met.

(2) In subsection (1)(b), “relevant date”, in relation to an offence, means the date specified for that offence in Part 1 of Schedule 15.

(3) The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are particular circumstances which—

(a) relate to—

(i) the index offence,

(ii) the previous offence referred to in subsection (5), or

(iii) the offender, and

(b) would make it unjust to do so in all the circumstances.

(4) The sentence condition is that, but for this section, the court would impose a sentence of imprisonment for 10 years or more, disregarding any extension period it would impose under section 279.

Sections 230(2) and 231(2) apply for this purpose.

(5) The previous offence condition is that—

(a) when the index offence was committed, the offender had been convicted of an offence (“the previous offence”) listed in Schedule 15, and

(b) a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.

(6) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the index offence was committed.

(7) A life sentence is relevant for the purposes of subsection (5)(b) if—

(a) the offender was not eligible for release during the first 5 years of the sentence, or

(b) the offender would not have been eligible for release during that period but for the reduction of the period of ineligibility to take account of a relevant pre-sentence period.

(8) An extended sentence imposed under the Criminal Justice Act 2003 or this Code (including one imposed as a result of the Armed Forces Act 2006) is relevant for the purposes of subsection (5)(b) if the appropriate custodial term imposed was 10 years or more.

(9) Any other extended sentence is relevant for the purposes of subsection (5)(b) if the custodial term imposed was 10 years or more.

(10) Any other sentence of imprisonment or detention for a determinate period is relevant for the purposes of subsection (5)(b) if it was for a period of 10 years or more.

(11) An extended sentence or other sentence of imprisonment or detention is also relevant if it would have been relevant under subsection (9) or (10) but for the reduction of the sentence, or any part of the sentence, to take account of a relevant pre-sentence period.

(12) For the purposes of subsections (5) to (11)—

• “extended sentence” means—

  (a)

  a sentence under section 254, 266 or 279 (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006),

  (b)

  a sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 (including one imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006), or

  (c)

  a sentence under—

  (i)

  section 85 of the Powers of Criminal Courts (Sentencing) Act 2000, or

  (ii)

  section 58 of the Crime and Disorder Act 1998,

  or an equivalent sentence imposed under the law of Scotland [F159 or Northern Ireland];

• “life sentence” means—

  (a)

  a sentence of imprisonment for life;

  (b)

  a sentence of detention for life under—

  (i)

  section 250,

  (ii)

  section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;

  (iii)

  section 53(3) of the Children and Young Persons Act 1933;

  (iv)

  section 209 of the Armed Forces Act 2006;

  (v)

  section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

  (c)

  a sentence of detention during Her Majesty's pleasure under—

  (i)

  section 259,

  (ii)

  section 90 of the Powers of Criminal Courts (Sentencing) Act 2000,

  (iii)

  section 53(1) of the Children and Young Persons Act 1933,

  (iv)

  section 218 of the Armed Forces Act 2006, or

  (v)

  section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957;

  (d)

  a sentence of custody for life under—

  (i)

  section 272 or 275 (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),

  (ii)

  section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (including one passed as a result of paragraph 6 or 7 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)),

  (iii)

  section 8 of the Criminal Justice Act 1982, or

  (iv)

  section 71A(1A) or (1B) of the Army Act 1955 or Air Force Act 1955 or section 43(1A) or (1B) of the Naval Discipline Act 1957;

  (e)

  a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006);

  (f)

  a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);

  or an equivalent sentence imposed under the law of Scotland [F160 or Northern Ireland];

• “relevant pre-sentence period”, in relation to the previous offence referred to in subsection (5), means any period which the offender spent in custody or on bail before the sentence for that offence was imposed;

• “sentence of imprisonment or detention” includes any sentence of a period in custody (however expressed).

[F161 (12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.]

(13) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(14) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (1)(b), (5)(a) and (6) to have been committed on the last of those days.

Textual Amendments

F159 Words in s. 283(12) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 89(1)(a) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(7)(a))

F160 Words in s. 283(12) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 89(1)(b) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(7)(a))

F161 S. 283(12A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 89(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(7)(b))

Modifications etc. (not altering text)

C94 S. 283(3) applied (with modifications) by 2006 c. 52, s. 218A(2)(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(4)(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C95 S. 283(12A) modified (31.12.2020) by 2006 c. 52, s. 218A(6A) (as inserted by 2020 c. 17, Sch. 26 para. 12(1)(db) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 6(2)(b)))

Commencement Information

I281 S. 283 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

284 Required life sentence where second offence committed before 4 April 2005 E+W

For cases in which a sentence of life imprisonment must be imposed for an offence which—

(a) is a second offence, and

(b) was committed on or after 1 October 1997 but before 4 April 2005,

see section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence for second serious offence), as it has effect by virtue of paragraph 5(2) of Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950).

Commencement Information

I282 S. 284 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

285 Required life sentence for offence carrying life sentence E+W

(1) This section applies where a court is dealing with an offender for an offence where—

(a) the offender is aged 21 or over at the time of conviction,

(b) the offence is a Schedule 19 offence (see section 307),

(c) the offence was committed on or after 4 April 2005, and

(d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see sections 306(1) and 308).

(2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d).

(3) If the court considers that the seriousness of—

(a) the offence, or

(b) the offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of imprisonment for life, the court must impose a sentence of imprisonment for life.

(4) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

Modifications etc. (not altering text)

C96 S. 285(3) applied (with modifications) by 2006 c. 52, s. 219(2)(3)(5) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(4)(5)(7) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I283 S. 285 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F162 285A Required life sentence for manslaughter of emergency worker E+W

(1) This section applies where—

(a) a person aged 21 or over is convicted of a relevant offence,

(b) the offence was committed—

(i) when the person was aged 16 or over, and

(ii) on or after the relevant commencement date, and

(c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker.

(2) The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.

(3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(4) In this section “relevant offence” means the offence of manslaughter, but does not include—

(a) manslaughter by gross negligence, or

(b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).

(5) In this section—

• “emergency worker” has the meaning given by section 68;

• “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.

(6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.]

Textual Amendments

F162 S. 285A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(11), 208(5)(b)

CHAPTER 5 U.K. Suspended sentences

Modifications etc. (not altering text)

C97 Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19-26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

What a suspended sentence order is E+W

286 Suspended sentence order E+W

(1) A suspended sentence order is an order providing that a sentence of imprisonment or detention in a young offender institution in respect of an offence is not to take effect unless—

(a) an activation event occurs, and

(b) a court having power to do so subsequently orders under paragraph 13 of Schedule 16 that the sentence is to take effect.

(2) A suspended sentence order may also specify one or more available community requirements with which the offender must comply during the supervision period.

(3) An activation event occurs if the offender—

(a) commits another offence in the United Kingdom during the operational period (whether or not punishable with imprisonment), or

(b) during the supervision period, contravenes any community requirement imposed by the order.

(4) The community requirements are listed in column 1 of the community requirements table (see section 287).

(5) Provision about each requirement is made by the provisions of Schedule 9 mentioned in the corresponding entry in column 2 of that table.

(6) In this Code—

• “suspended sentence order” has the meaning given by subsection (1);

• “suspended sentence” means a sentence to which a suspended sentence order relates.

(7) In this Code, references to a community requirement of, or imposed by, a suspended sentence order are to a requirement specified in the order under subsection (2).

Modifications etc. (not altering text)

C98 S. 286 modified by 2006 c. 52, s. 200(1)(c)(i) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C99 S. 286 applied (with modifications) by 2006 s. 52, s. 200A (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I284 S. 286 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

287 Suspended sentence order: community requirements table E+W

The community requirements table referred to in sections 286, 290 and 292 is—

Requirement	Part of Schedule 9 relating to requirement	Restrictions on availability
unpaid work requirement	Part 1
rehabilitation activity requirement	Part 2
programme requirement	Part 3
prohibited activity requirement	Part 4
curfew requirement	Part 5
exclusion requirement	Part 6
residence requirement	Part 7
foreign travel prohibition requirement	Part 8
mental health treatment requirement	Part 9
drug rehabilitation requirement	Part 10
[F163 drug testing requirement	Part 10A	section 291(3A)]
alcohol treatment requirement	Part 11
alcohol abstinence and monitoring requirement	Part 12	section 291(1) or (2)
attendance centre requirement	Part 13	section 291(3)
electronic compliance monitoring requirement	Part 14	section 291(4)
electronic whereabouts monitoring requirement	Part 14

Textual Amendments

F163 Words in s. 287 table inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 4

Commencement Information

I285 S. 287 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

288 Operational period and supervision period E+W

(1) A suspended sentence order must specify the operational period (see section 286(3)(a)).

(2) The operational period must be a period, beginning with the day on which the order is made, of—

(a) at least 6 months, and

(b) not more than 2 years.

(3) If a suspended sentence order imposes any community requirement or requirements, the order must specify the supervision period (see section 286(2)).

(4) The supervision period specified must be a period, beginning with the day on which the order is made, of—

(a) at least 6 months, and

(b) not more than—

(i) 2 years, or

(ii) if less, the operational period.

(5) But if the suspended sentence order imposes an unpaid work requirement, the supervision period—

(a) continues until the offender has worked under the order for the number of hours specified in the order under paragraph 2(1) of Schedule 9, but

(b) does not continue beyond the end of the operational period.

Commencement Information

I286 S. 288 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

289 Suspended sentence to be treated generally as sentence of imprisonment etc E+W

(1) A suspended sentence which has not taken effect under paragraph 13 of Schedule 16 is to be treated as—

(a) a sentence of imprisonment, or

(b) as the case may be, a sentence of detention in a young offender institution,

for the purposes of all enactments and instruments made under enactments.

(2) Subsection (1) is subject to any provision to the contrary contained in—

(a) the Criminal Justice Act 1967,

(b) any enactment passed or instrument made under any enactment after 31 December 1967.

Commencement Information

I287 S. 289 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Available community requirements E+W

290 Suspended sentence order: available community requirements E+W

(1) A suspended sentence order may not impose a community requirement that is not an available requirement.

(2) A community requirement is an available requirement in relation to a suspended sentence order unless a provision mentioned in column 3 of the entry for that requirement in the table in section 287 provides otherwise.

Commencement Information

I288 S. 290 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

291 Suspended sentence order: availability of particular requirements E+W

Alcohol abstinence and monitoring requirement

(1) An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring).

(2) An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under paragraph 25(7)(b) of that Schedule (prescribed alcohol level).

Attendance centre requirement

(3) An attendance centre requirement is not an available requirement unless [F164 —

(a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b) the offender was aged under 25 when convicted of the offence.]

[F165 Drug testing requirement

(3A) A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.]

Electronic compliance monitoring requirement

(4) An electronic compliance monitoring requirement is not an available requirement in relation to a suspended sentence order unless the suspended sentence order imposes at least one other available requirement, other than—

(a) an alcohol abstinence and monitoring requirement;

(b) an electronic whereabouts monitoring requirement.

Textual Amendments

F164 S. 291(3)(a)(b) and word substituted (28.6.2022) for words by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 152(3), 208(1); S.I. 2022/520, reg. 5(q)

F165 S. 291(3A) and heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 5

Commencement Information

I289 S. 291 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to impose community requirements E+W

292 Suspended sentence order: exercise of power to impose requirements E+W

(1) This section applies where a court makes a suspended sentence order which imposes community requirements.

(2) The power to impose a particular community requirement is subject to the provisions of the Part of Schedule 9 relating to requirements of that kind (see column 2 of the table in section 287).

(3) If the suspended sentence order imposes two or more different community requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.

(4) The court must also ensure, so far as practicable, that any community requirement imposed by a suspended sentence order is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any conflict with any other court order to which the offender may be subject, and

(c) any interference with the times, if any, at which the offender normally—

(i) works, or

(ii) attends any educational establishment,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C100 S. 292 modified by 2006 c. 52, s. 200(1)(c)(ii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I290 S. 292 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision for review of suspended sentence order with community requirements E+W

293 Power to provide for review of suspended sentence order E+W

(1) A suspended sentence order which imposes one or more community requirements may make provision for the order to be reviewed periodically (“provision for review”).

This is subject to subsection (3).

(2) Where an order contains provision for review, it must—

(a) specify the intervals at which the order is to be reviewed,

(b) provide for each review to be made, subject to section 295, at a hearing held for the purpose by the responsible court (a “review hearing”),

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

(d) provide for a report by an officer of a provider of probation services on the offender's progress in complying with the community requirements of the order [F166 (a “progress report”)] to be made to the responsible court before each review.

(3) If the suspended sentence order—

(a) imposes a drug rehabilitation requirement, and

(b) contains provision for review under this section,

the provision for review must not include provision relating to that requirement (but see paragraph 22 of Schedule 9 for separate provision about review of such a requirement).

(4) In this section “the responsible court” in relation to a suspended sentence order means—

(a) if a court is specified in the order in accordance with subsection (5), that court;

(b) otherwise, the court by which the order is made.

(5) Where—

(a) a suspended sentence order is made by a magistrates' court, and

(b) the offender's home local justice area is not the area in which the court acts,

the order may specify that the responsible court is to be a magistrates' court which acts in the offender's home local justice area.

(6) A suspended sentence order made on an appeal from—

(a) the Crown Court, or

(b) the Court of Appeal,

is to be taken for the purposes of subsection (4)(b) to have been made by the Crown Court.

[F167 (7) Nothing in this section applies in relation to suspended sentence orders which qualify for special procedures for the purposes of section 293A.]

Textual Amendments

F166 Words in s. 293(2)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 5

F167 S. 293(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 6

Modifications etc. (not altering text)

C101 S. 293 applied (with modifications) by 2006 c. 52, ss. 200, 203 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 21 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I291 S. 293 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F168 293A Review of suspended sentence order qualifying for special procedures E+W

(1) A suspended sentence order that—

(a) imposes one or more community requirements, and

(b) qualifies for special procedures for the purposes of this section,

may make provision for the order to be reviewed periodically (“provision for review”).

(2) Where a suspended sentence order contains provision for review under this section, it must—

(a) specify the intervals at which the order is to be reviewed,

(b) provide for each review to be made, subject to section 294, at a hearing held for the purpose by the responsible court (a “review hearing”),

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

(d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community requirements of the order (a “progress report”) to be made to the responsible court before each review.

(3) In this section “the responsible court”, in relation to a suspended sentence order, means the court by which the order is made.

(4) For more about suspended sentence orders that qualify for special procedures, see section 395A.]

Textual Amendments

F168 S. 293A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 7

294 Review hearings: power to amend community requirements etc E+W

(1) This section applies where a review hearing is held on a review of a suspended sentence order by virtue of section 293 [F169 or 293A].

(2) The court may, after considering the progress report, amend—

(a) the community requirements of the suspended sentence order, or

(b) any provision of the order which relates to those requirements.

(3) But 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 willingness to comply with that requirement,

(b) may not amend—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement,

unless the offender expresses willingness to comply with the requirement as amended,

(c) may amend the supervision period only if the period as amended complies with section 288(4),

(d) may not amend the operational period, and

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

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

(a) a community requirement of a kind within any entry in the table in section 287 is of the same kind as any other community requirement within that entry, and

(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(5) If the court is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, the court may adjourn the hearing so that it can deal with the case [F170 forthwith] under paragraph 13 of Schedule 16 (powers of court to deal with offender on breach of requirement or subsequent conviction).

[F171 (5A) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 16.]

(6) In this section—

• “review hearing”, and

• “progress report”,

have the meanings given by section 293(2) [F172 (or, as the case may be, section 293A(2)].

Textual Amendments

F169 Words in s. 294(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 8(2)

F170 Word in s. 294(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 8(3)

F171 S. 294(5A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 8(4)

F172 Words in s. 294(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 8(5)

Commencement Information

I292 S. 294 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

295 Suspended sentence order: alteration of periodic review arrangements E+W

(1) Subsections (2) and (3) apply where the court—

(a) considers the progress report relating to a review [F173 under section 293 or 293A] (the “current review”), and

(b) forms the opinion that the offender's progress in complying with the community requirements of the order is satisfactory.

(2) If the court forms that opinion before a review hearing is held at the current review—

(a) it may order that no review hearing is to be held at the current review, and

(b) it may amend the suspended sentence order so as to provide for each subsequent review to be held without a review hearing.

(3) If a review hearing is held at the current review, the court may at the hearing amend the suspended sentence order so as to provide for each subsequent review to be held without a review hearing.

(4) If at a review held without a review hearing the court—

(a) considers the progress report, and

(b) forms the opinion that the offender's progress under the order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a specified time and place.

(5) At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 293(2)(a) [F174 or 293A(2)(a)].

(6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised—

(a) in the case of the Crown Court, by a judge of the court, and

(b) in the case of a magistrates' court, by a justice of the peace.

(7) In this section—

• “review hearing”, and

• “progress report”,

have the meanings given by section 293(2) [F175 (or, as the case may be, section 293A(2))].

Textual Amendments

F173 Words in s. 295(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 9(2)

F174 Words in s. 295(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 9(3)

F175 Words in s. 295(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 9(4)

Commencement Information

I293 S. 295 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making a suspended sentence order with community requirements E+W

296 Order to specify offender's home local justice area E+W

(1) A suspended sentence order which imposes any community requirement must specify the area which is the offender's home local justice area.

(2) That area must be the local justice area in which the offender resides or will reside.

Commencement Information

I294 S. 296 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

297 Power to direct magistrates' court supervision of order E+W

[F176 (1)] Where the Crown Court makes a suspended sentence order which imposes any community requirement, it may make a direction that the order is to be subject to magistrates' court supervision.

For the effect of such a direction, see Parts 2 and 3 of Schedule 16 (breach or amendment of a community requirement of a suspended sentence order).

[F177 (2) Subsection (1) does not apply to a suspended sentence order that qualifies for special procedures for the purposes of section 293A.]

Textual Amendments

F176 S. 297 renumbered as s. 297(1) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 10(2)

F177 S. 297(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 10(3)

Commencement Information

I295 S. 297 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

298 Provision of copies of order and related documents E+W

(1) This section applies on the making by a court of a suspended sentence order which imposes one or more community requirements.

(2) The court must forthwith provide copies of the order—

(a) to the offender,

(b) to the responsible officer,

(c) to an officer of a provider of probation services that is a public sector provider who is acting at the court, and

(d) if the court does not act in the offender's home local justice area, to a provider of probation services that is a public sector provider and is operating in that area.

(3) If the order imposes any requirement specified in column 1 of the following table the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected
A residence requirement relating to residence in an institution.	The person in charge of the institution
A mental health treatment requirement.	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(4) If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in that area with—

(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 acting in that area in the exercise of its functions in relation to the order.

(5) In subsection (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Modifications etc. (not altering text)

C102 S. 298 modified by 2006 c. 52, s. 200(1)(c)(iii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C103 S. 298(4) excluded by 2006 s. 52, ss. 200, 202 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 20(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I296 S. 298 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Suspended sentence order with community requirement: obligations of responsible officer and offender E+W

299 Responsible officer E+W

(1) This section applies for the purposes of this Chapter in relation to a suspended sentence order made in respect of an offender which imposes one or more community requirements.

(2) “The responsible officer”, in relation to the offender, means the person who for the time being is responsible for discharging the functions conferred by this Chapter on the responsible officer in accordance with arrangements made by the Secretary of State.

(3) 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 order.

Commencement Information

I297 S. 299 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

300 Obligations of responsible officer E+W

(1) This section applies during the supervision period of a suspended sentence order which imposes any community requirement.

Functions of the responsible officer

(2) The responsible officer must—

(a) make any arrangements that are necessary in connection with the requirements imposed by the order, and

(b) promote the offender's compliance with those requirements.

(3) This is subject to paragraph 16(6) of Schedule 9 (in-patient treatment under mental health treatment requirement).

Exercise of functions by responsible officer

(4) The responsible officer must also ensure, as far as practicable, that any instruction given or requirement imposed by the responsible officer is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any conflict with the requirements of any other court order to which the offender may be subject, and

(c) any interference with the times, if any, at which the offender normally—

(i) works, or

(ii) attends any educational establishment,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

Commencement Information

I298 S. 300 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

301 Duty of offender to keep in touch with responsible officer E+W

(1) This section applies during the supervision period of a suspended sentence order which imposes one or more community requirements.

(2) The offender must keep in touch with the responsible officer in accordance with such instructions as the responsible officer may give the offender from time to time.

(3) That obligation is enforceable as if it were a community requirement imposed by the suspended sentence order.

Commencement Information

I299 S. 301 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

302 Duty to obtain permission before changing residence E+W

(1) This section applies during the supervision period of a suspended sentence order which imposes one or more community requirements.

But it does not apply if the order includes a residence requirement (see paragraph 13 of Schedule 9).

(2) The offender must not change residence without permission given in accordance with this section by—

(a) the responsible officer, or

(b) a court.

(3) The obligation imposed by subsection (2) has effect as if it were a community requirement imposed by the suspended sentence order.

(4) The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.

(5) A court may also give permission in any proceedings before it under Schedule 16 (breach or amendment of orders etc).

(6) The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—

(a) is likely to prevent the offender complying with a requirement imposed by the suspended sentence order, or

(b) would hinder the offender's rehabilitation.

(7) The responsible officer must refuse an application for permission if—

(a) the offender's present residence is in England or Wales, and

(b) the offender's proposed residence is outside England and Wales.

(8) For cases in which a suspended sentence order has to be amended because of permission given under this section, see paragraph 23 of Schedule 16 (amendment to reflect change in local justice area).

(9) In this section “the appropriate court” has the same meaning as in Schedule 16.

Modifications etc. (not altering text)

C104 S. 302 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I300 S. 302 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activation of sentence and amendment of order etc E+W

303 Breach or amendment of suspended sentence order, and effect of further conviction E+W

Schedule 16 makes provision about—

(a) the effect of any further conviction where an offender is subject to a suspended sentence order, and

(b) breach or amendment of the community requirements of a suspended sentence order.

Commencement Information

I301 S. 303 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Transferring order with community requirements to Scotland or Northern Ireland U.K.

304 Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements U.K.

Schedule 17 makes provision about the transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements.

Commencement Information

I302 S. 304 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interpretation E+W

305 Suspended sentences: interpretation E+W

In this Chapter—

• “the operational period”, in relation to a suspended sentence, means the period specified under—

  (a)

  section 288(1), or

  (b)

  paragraph 13(1)(d)(iii) of Schedule 16 (extension of operational period on breach of order);

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

• “the supervision period”, in relation to a suspended sentence, means the period (if any) specified under—

  (a)

  section 288(3),

  (b)

  section 294 (review of order), or

  (c)

  paragraph 13(1)(d)(ii) of Schedule 16 (extension of supervision period on breach of order),

  but subject to section 288(5) (extension to allow completion of unpaid work requirement).

Commencement Information

I303 S. 305 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 6 E+W Dangerous offenders

Interpretation E+W

306 Extended sentences: meaning of “specified offence” etc E+W

(1) An offence is a “specified offence” for the purposes of this Code if it is—

(a) a specified violent offence,

(b) a specified sexual offence, or

(c) a specified terrorism offence.

(2) In this Part—

• “serious harm” means death or serious personal injury, whether physical or psychological;

• [F178 “serious terrorism offence” means an offence that—

  (a)

  is specified in Part 1 of Schedule 17A, or

  (b)

  is specified in Part 2 of that Schedule and has been determined to have a terrorist connection under section 69;]

• “specified violent offence” means an offence specified in Part 1 of Schedule 18;

• “specified sexual offence” means an offence specified in Part 2 of that Schedule;

• “specified terrorism offence” means an offence specified in Part 3 of that Schedule.

Textual Amendments

F178 Words in s. 306(2) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 2(a), 50(2)(b)

Commencement Information

I304 S. 306 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

307 Life sentences: meaning of “Schedule 19 offence” E+W

(1) In this Part “Schedule 19 offence” means an offence listed in Schedule 19 (certain specified offences carrying maximum sentence on indictment of imprisonment for life).

(2) For the purposes of Schedule 19, an offence found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, must be taken to have been committed on the last of those days.

Commencement Information

I305 S. 307 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

The assessment of dangerousness E+W

308 The assessment of dangerousness E+W

(1) This section applies where it falls to a court to assess under any of the following provisions (which apply where an offender has committed a specified offence, however described) whether there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences—

(a) section 255, 267 or 280 (extended sentence for certain violent, sexual or terrorism offences);

[F179 (aa) section 268B or 282B (serious terrorism sentence);]

(b) section 258, 274 or 285 (required life sentence for Schedule 19 offence).

(2) In making that assessment, the court—

(a) must take into account all the information that is available to it about the nature and circumstances of the offence,

(b) may take into account all the information that is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,

(c) may take into account any information which is before it about any pattern of behaviour of which any of the offences mentioned in paragraph (a) or (b) forms part, and

(d) may take into account any information about the offender which is before it.

(3) The reference in subsection (2)(b) to a conviction by a court includes a reference to—

(a) a conviction of an offence in—

(i) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or

(ii) any proceedings before a Standing Civilian Court;

(and “conviction” here includes the recording of a finding that a charge in respect of the offence has been proved), and

(b) a conviction of—

(i) a service offence within the meaning of the Armed Forces Act 2006, or

(ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059),

(and “conviction” here includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction).

Textual Amendments

F179 S. 308(1)(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(15)

Modifications etc. (not altering text)

C105 S. 308(2)(3) applied (with modifications) by 2006 c. 52, s. 223(2)(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 43(2)(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I306 S. 308 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Supplementary E+W

309 Appeals where previous convictions set aside or previous sentences modified E+W

(1) Subsection (3) applies where—

(a) a sentence has been imposed on a person under section 273 or 283 (life sentence for second listed offence),

(b) a previous conviction of that person has been subsequently set aside on appeal, and

(c) without that conviction, the previous offence condition in section 273(5) or 283(5) would not have been met.

(2) Subsection (3) also applies where—

(a) a sentence has been imposed on a person under section 266 or 279 (extended sentences for adults),

(b) the earlier offence condition was met but the 4 year term condition was not, and

(c) any previous conviction of that person's without which the earlier offence condition would not have been met has been subsequently set aside on appeal.

For this purpose, references to the earlier offence condition and the 4 year term condition are to be read in accordance with 267 or 280 (as the case may be).

(3) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.

(4) Subsection (5) applies where—

(a) a sentence has been imposed on a person under section 273 or 283,

(b) a previous sentence imposed on that person has been subsequently modified on appeal, and

(c) taking account of that modification, the previous offence condition in section 273(5) or 283(5) would not have been met.

(5) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence mentioned in subsection (4)(a) may be given at any time within 28 days from the date on which the previous sentence was modified.

Commencement Information

I307 S. 309 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

310 Certificates of conviction E+W

Where—

(a) a person is convicted in England and Wales of an offence listed in Schedule 14 or 15,

(b) the court by or before which the person is so convicted states in open court that the person has been convicted of such an offence on that day, and

(c) that court subsequently certifies that fact,

that certificate is evidence, for the purposes of section 267, 273, 280 or 283 (extended sentences for adults and life sentences for second listed offence), that the person was convicted of such an offence on that day.

Commencement Information

I308 S. 310 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 7 E+W Minimum sentences for particular offences

Minimum sentence for single offence E+W

311 Minimum sentence for certain offences involving firearms that are prohibited weapons E+W

(1) This section applies where—

(a) a person is convicted of an offence listed in Schedule 20 (certain offences involving firearms that are prohibited weapons), and

(b) the offender was aged 16 or over when the offence was committed.

(2) The court must impose an appropriate custodial sentence for a term of at least the required minimum term unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.

(3) In this section “appropriate custodial sentence” means—

(a) in the case of a person who is aged under 18 when convicted, a sentence of detention under section 250 [F180 or, in a case to which section 252A applies, under that section];

(b) in the case of a person who is aged 18 or over but under 21 when convicted, a sentence of detention in a young offender institution (and includes, if the offence is an offence for which a person aged 21 or over would be liable to imprisonment for life, a sentence of custody for life);

(c) in the case of a person who is aged 21 or over when convicted, a sentence of imprisonment.

(4) In this section “the required minimum term” means—

(a) in the case of an offender who was aged under 18 when the offence was committed, 3 years;

(b) in the case of an offender who was aged 18 or over when the offence was committed, 5 years.

But this is subject to subsection (5).

(5) In the case of an offence within paragraph 5 of Schedule 20, “the required minimum term” means—

(a) in the case of an offender who was aged under 18 when convicted, 3 years;

(b) in the case of an offender who was aged 18 or over when convicted, 5 years.

Textual Amendments

F180 Words in s. 311(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(20)

Modifications etc. (not altering text)

C106 S. 311 power to apply (with modifications) conferred by 1988 c. 45, s. 1(4B) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 94(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

C107 S. 311 applied (with modifications) by 2006 c. 52, s. 227 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I309 S. 311 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

312 Minimum sentence for offences of threatening with weapon or bladed article E+W

(1) This section applies where a person aged 16 or over is convicted of an offence under—

(a) section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public), or

(b) section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).

(2) [F181 If the offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court] must impose an appropriate custodial sentence unless the court is of the opinion that there are particular circumstances which—

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

(b) would make it unjust to do so in all the circumstances.

[F182 (2A) If the offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.]

(3) In this section “appropriate custodial sentence” means—

(a) in the case of a person who is aged 16 or over but under 18 when convicted, a detention and training order of at least 4 months;

(b) in the case of a person who is aged 18 or over but under 21 when convicted, a sentence of detention in a young offender institution for a term of at least 6 months;

(c) in the case of a person who is aged 21 or over when convicted, a sentence of imprisonment for a term of at least 6 months.

[F183 (4) This section is subject to section 252A.]

Textual Amendments

F181 Words in s. 312(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(2)(a), 208(5)(k)

F182 S. 312(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(2)(b), 208(5)(k)

F183 S. 312(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(21)

Commencement Information

I310 S. 312 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Minimum sentence for repeat offences E+W

313 Minimum sentence of 7 years for third class A drug trafficking offence E+W

(1) This section applies where—

(a) a person is convicted of a class A drug trafficking offence (“the index offence”) committed on or after 1 October 1997,

(b) when the index offence was committed, the offender—

(i) was aged 18 or over, and

(ii) had 2 other relevant drug convictions, and

(c) one of the offences to which those other relevant drug convictions related was committed after the offender had been convicted of the other.

(2) [F184 If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court] must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are particular circumstances which—

(a) relate to any of the offences or to the offender, and

(b) would make it unjust to do so in all the circumstances.

[F185 (2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to any of the offences or to the offender, and

(b) justify not doing so.]

(3) For the purposes of subsection (1), “relevant drug conviction” means—

(a) a conviction in any part of the United Kingdom of a class A drug trafficking offence,

F186 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a class A drug trafficking offence, [F187 or]

(d) a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in respect of which the corresponding civil offence (within the meaning of the Act in question) is a class A drug trafficking offence, F188 ...

F188 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F189 (3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction.]

(4) Where—

(a) a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way), and

(b) the circumstances are such that, if convicted of the offence, the person could be sentenced for it under subsection (2) [F190 or (2A)],

the offence is to be triable only on indictment.

(5) In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—

• “class A drug” has the same meaning as in the Misuse of Drugs Act 1971;

• “drug trafficking offence” means an offence which is specified in—

  (a)

  paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

  (b)

  so far as it relates to that paragraph, paragraph 10 of that Schedule.

(6) In this section “an appropriate custodial sentence” means—

(a) in relation to an offender who is aged 21 or over when convicted of the index offence, a sentence of imprisonment;

(b) in relation to an offender who is aged under 21 when convicted of the index offence, a sentence of detention in a young offender institution (and includes, if the index offence is an offence for which a person aged 21 or over would be liable to imprisonment for life, a sentence of custody for life).

Textual Amendments

F184 Words in s. 313(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(3)(a), 208(5)(k)

F185 S. 313(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(3)(b), 208(5)(k)

F186 S. 313(3)(b) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 90(1)(a) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(8)(a))

F187 Word in s. 313(3)(c) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 90(1)(b) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(8)(a))

F188 S. 313(3)(e) and word omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 90(1)(c) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(8)(a))

F189 S. 313(3A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 90(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(8)(b))

F190 Words in s. 313(4)(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(3)(c), 208(5)(k)

Modifications etc. (not altering text)

C108 S. 313 applied by 2006 c. 52, s. 225 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C109 S. 313 modified (31.12.2020) by 2006 c. 52, s. 225(1A) (as inserted by 2020 c. 17, Sch. 26 para. 15A (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 6(4)))

C110 S. 313(2) excluded by 2006 c. 52, s. 239(5) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I311 S. 313 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

314 Minimum sentence of 3 years for third domestic burglary E+W

(1) This section applies where—

(a) a person is convicted of a domestic burglary (“the index offence”) committed on or after 1 December 1999,

(b) when the index offence was committed—

(i) the offender was aged 18 or over, and

(ii) had 2 other relevant domestic burglary convictions, and

(c) one of the burglaries to which those other relevant domestic burglary convictions relate was committed after the person had been convicted of the other.

(2) [F191 If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court] must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are particular circumstances which—

(a) relate to any of the offences or to the offender, and

(b) would make it unjust to do so in all the circumstances.

[F192 (2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to any of the offences or to the offender, and

(b) justify not doing so.]

(3) For the purposes of subsection (1), “relevant domestic burglary conviction” means—

(a) a conviction in England and Wales of a domestic burglary committed on or after 1 December 1999,

(b) a conviction in another part of the United Kingdom F193 ... of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction,

(c) a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence of domestic burglary, [F194 or]

(d) a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 committed on or after 1 December 1999 in respect of which the corresponding civil offence (within the meaning of the Act in question) is an offence of domestic burglary, F195 ...

F195 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F196 (3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.]

(4) Where—

(a) a person is charged with a domestic burglary which, apart from this subsection, would be triable either way, and

(b) the circumstances are such that, if convicted of the burglary, the person could be sentenced for it under subsection (2) [F197 or (2A)],

the burglary is to be triable only on indictment.

(5) In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.

(6) In this section “an appropriate custodial sentence” means—

(a) in relation to a person who is aged 21 or over when convicted of the index offence, a sentence of imprisonment;

(b) in relation to a person who is aged under 21 when convicted of the index offence, a sentence of detention in a young offender institution.

Textual Amendments

F191 Words in s. 314(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(4)(a), 208(5)(k)

F192 S. 314(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(4)(b), 208(5)(k)

F193 Words in s. 314(3)(b) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 91(1)(a) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(9)(a))

F194 Word in s. 314(3)(c) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 91(1)(b) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(9)(a))

F195 S. 314(3)(e) and word omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 91(1)(c) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(9)(a))

F196 S. 314(3A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 91(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(b))

F197 Words in s. 314(4)(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(4)(c), 208(5)(k)

Modifications etc. (not altering text)

C111 S. 314 applied by 2006 c. 52, s. 226 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C112 S. 314 modified (31.12.2020) by 2006 c. 52, s. 226(1A) (as inserted by 2020 c. 17, Sch. 26 para. 15B (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 6(4)))

C113 S. 314(2) excluded by 2006 c. 52, s. 239(5) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I312 S. 314 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

315 Minimum sentence for repeat offence involving weapon or bladed article [F198 or corrosive substance] E+W

(1) This section applies where—

(a) an offender is convicted of an offence (the “index offence”) under—

(i) section 1(1) of the Prevention of Crime Act 1953 (carrying offensive weapon without lawful authority or reasonable excuse),

(ii) section 139(1) of the Criminal Justice Act 1988 (having article with blade or point in public place), F199 ...

(iii) section 139A(1) or (2) of that Act (having article with blade or point or offensive weapon on education premises), [F200 or

(iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),]

(b) the offence was committed on or after [F201 the relevant date], and

(c) when the offence was committed, the offender—

(i) was aged at least 16, and

(ii) had at least one relevant conviction.

[F202 (1A) In subsection (1)(b), “the relevant date” means—

(a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, [F203 6th April 2022];

(b) in any other case, 17 July 2015.]

(2) [F204 If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court] must impose an appropriate custodial sentence unless the court is of the opinion that there are particular circumstances which—

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

(b) would make it unjust to do so in all the circumstances.

[F205 (2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—

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

(b) justify not doing so.]

(3) In [F206 subsections (2) and (2A)] “appropriate custodial sentence” means—

(a) in the case of a person aged under 18 when convicted of the index offence, a detention and training order of at least 4 months;

(b) in the case of a person aged 18 or over but under 21 when convicted of the index offence, a sentence of detention in a young offender institution for a term of at least 6 months;

(c) in the case of a person aged 21 or over when convicted of the index offence, a sentence of imprisonment for a term of at least 6 months.

(4) In this section, “relevant conviction” means—

(a) a conviction of a relevant offence,

(b) a conviction in another part of the United Kingdom F207 ... of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed),

(c) a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a relevant offence, [F208 or]

(d) a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in respect of which the corresponding civil offence (within the meaning of the Act in question) is a relevant offence, F209 ...

F209 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F210 (4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes—

(a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and

(b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed).]

(5) In this section, “relevant offence” means an offence under—

(a) section 1 or 1A of the Prevention of Crime Act 1953 (offences involving offensive weapons), F211 ...

(b) section 139, 139A or 139AA of the Criminal Justice Act 1988 (offences involving article with blade or point or offensive weapon), [F212 or

(c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place)]

[F213 (6) This section is subject to section 252A.]

Textual Amendments

F198 Words in s. 315 heading inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 82(5) (with Sch. 27); S.I. 2022/415, reg. 2

F199 Word in s. 315(1)(a)(ii) omitted (6.4.2022) by virtue of Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 82(2)(a)(i) (with Sch. 27); S.I. 2022/415, reg. 2

F200 S. 315(1)(a)(iv) and word inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 82(2)(a)(ii) (with Sch. 27); S.I. 2022/415, reg. 2

F201 Words in s. 315(1)(b) substituted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 82(2)(b) (with Sch. 27); S.I. 2022/415, reg. 2

F202 S. 315(1A) inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 82(3) (with Sch. 27); S.I. 2022/415, reg. 2

F203 Words in s. 315(1A) substituted (6.4.2022) by The Sentencing Act 2020 (Commencement No. 1) (England and Wales) Regulations 2022 (S.I. 2022/415), regs. 1(3), 3(2)

F204 Words in s. 315(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(5)(a), 208(5)(k)

F205 S. 315(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(5)(b), 208(5)(k)

F206 Words in s. 315(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(5)(c), 208(5)(k)

F207 Words in s. 315(4)(b) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 92(1)(a) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(10)(a))

F208 Word in s. 315(4)(c) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 92(1)(b) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(10)(a))

F209 S. 315(4)(e) and word omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 92(1)(c) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(10)(a))

F210 S. 315(4A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 92(2) (as inserted by S.I. 2020/1520, regs. 1(1), 5(10)(b))

F211 Word in s. 315(5)(a) omitted (6.4.2022) by virtue of Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 82(4)(a) (with Sch. 27); S.I. 2022/415, reg. 2

F212 S. 315(5)(c) and word inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 82(4)(b) (with Sch. 27); S.I. 2022/415, reg. 2

F213 S. 315(6) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(22)

Commencement Information

I313 S. 315 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

316 Appeals where previous convictions set aside E+W

(1) This section applies where—

(a) a sentence has been imposed on an offender under subsection (2) [F214 or (2A)] of any of the following sections—

(i) section 313,

(ii) section 314, or

(iii) section 315,

(b) a previous conviction of the offender is subsequently set aside on appeal, and

(c) without the previous conviction the section would not have applied.

(2) Notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).

Textual Amendments

F214 Words in s. 316(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(6), 208(5)(k)

Modifications etc. (not altering text)

C114 S. 316 applied (with modifications) by 2007 c. ii, s. 8(8) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 265 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I314 S. 316 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

317 Certificates of conviction for purposes of sections 313 and 314 E+W

(1) [F215 Subsection (2)] applies where an offender is convicted—

(a) in England and Wales of—

(i) a class A drug trafficking offence, or

(ii) a domestic burglary,

(b) in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

(c) F216 ... or

(d) in any part of the United Kingdom other than England and WalesF217 ... of a corresponding domestic burglary offence.

(2) A certificate, given in accordance with subsection (3), of either or both of the following—

(a) that the offender was convicted of that offence on the date of the conviction;

(b) that the offence was committed on a particular day, or over, or at some time during, a particular period,

is evidence for the purposes of section 313 or 314 of the facts so certified.

[F218 (2A) Subsection (2B) applies where an offender has been convicted—

(a) in any member State of a corresponding drug trafficking offence, or

(b) in any member State of a corresponding domestic burglary offence.

(2B) For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—

(a) that the offender was convicted of that offence on the date of the conviction;

(b) that the offence was committed on a particular day, or over, or at some time during, a particular period.]

(3) A certificate is given in accordance with this subsection if it is—

(a) given—

(i) by the court by or before which the offender was convicted of the offence, and

(ii) in the case of a court in the United Kingdom, after the court has stated in open court the facts certified by it, and

(b) in the case of a certificate given by a court outside the United Kingdom, signed by the proper officer of the court.

(4) In this section—

• “proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;

• “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 313 and 314 respectively;

• “corresponding drug trafficking offence” means an offence within section 313(3)(b) [F219 or (3A)(a)];

• “corresponding domestic burglary offence” means an offence within section 314(3)(b) [F220 or (3A)(a)].

Textual Amendments

F215 Words in s. 317(1) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2)(a) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a))

F216 S. 317(1)(c) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2)(b) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a))

F217 Words in s. 317(1)(d) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2)(c) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a))

F218 S. 317(2A)(2B) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2A) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(b))

F219 Words in s. 317(4) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(4)(a) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(d))

F220 Words in s. 317(4) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(4)(b) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(d))

Commencement Information

I315 S. 317 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

318 Offences under service law E+W

(1) In sections 313 to 315 and this section—

• “civilian offence” means an offence other than—

  (a)

  an offence under section 42 of the Armed Forces Act 2006,

  (b)

  an offence under section 70 of the Army Act 1995, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957, or

  (c)

  a member State service offence;

• “conviction” includes—

  (a)

  in relation to an offence under section 42 of the Armed Forces Act 2006, anything which by virtue of section 376(1) and (2) of that Act is to be treated as a conviction, and

  (b)

  in relation to an offence under section 42 of the Naval Discipline Act 1957 and a member State service offence, a finding of guilt in respect of the person;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State other than the United Kingdom governing all or any of the naval, military or air forces of that State.

(2) For the purposes of section 313(3)(c) [F221 and (3A)(b)] (class A drug trafficking which is an offence under section 42 of Armed Forces Act 2006 and corresponding member State service offences), where the offence was committed in a way described in paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 (attempting, conspiring, encouraging, assisting, aiding, abetting, etc) in relation to an act that, if done in England and Wales, would have constituted another offence listed in paragraph 1 of that Schedule, it must be assumed that that act was done (or would have been done) in England and Wales.

(3) For the purposes of—

(a) section 314(3)(c) [F222 and (3A)(b)] (domestic burglary convictions under section 42 of Armed Forces Act 2006 or corresponding member State service offences), and

(b) section 315(4)(c) and (d) (relevant weapons offences under that section or corresponding offences under previous legislation relating to the armed forces),

where the offence was committed by aiding, abetting, counselling or procuring, it must be assumed that the act aided, abetted, counselled or procured was done in England and Wales.

Textual Amendments

F221 Words in s. 318(2) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 94(2) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(12))

F222 Words in s. 318(3)(a) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 94(3) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(12))

Commencement Information

I316 S. 318 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Minimum sentences: supplementary E+W

319 Mandatory sentence requirement not to affect power to impose fine E+W

Nothing in this Chapter which requires the court to impose a particular term of imprisonment or other custodial sentence is to be taken to prevent the court from exercising any power to impose a fine in addition to the custodial sentence.

Commencement Information

I317 S. 319 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

320 Determination of day when offence committed E+W

Where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of sections 311, [F223 312,] 313, 314 and 315 to have been committed on the last of those days.

Textual Amendments

F223 Word in s. 320 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(7), 208(5)(k)

Commencement Information

I318 S. 320 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 8 E+W Effect of life sentences

321 Life sentence: minimum term order or whole life order E+W

(1) Where a court passes a life sentence, it must make an order under this section.

(2) The order must be a minimum term order unless the court is required to make a whole life order under subsection (3).

(3) The order must be a whole life order if—

(a) [F224 the case is within subsection (3A) or (3B)], and

(b) the court is of the opinion that, because of the seriousness of—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

it should not make a minimum term order.

[F225 (3A) A case is within this subsection if the offender was aged 21 or over when the offence was committed.

(3B) A case is within this subsection if—

(a) the offence was committed on or after the day on which section 126 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b) the offender was aged 18 or over but under 21 when the offence was committed.

(3C) In a case within subsection (3B), the court may arrive at the opinion set out in subsection (3)(b) only if it considers that the seriousness of the offence, or combination of offences, is exceptionally high even by the standard of offences which would normally result in a whole life order in a case within subsection (3A).]

(4) A minimum term order is an order that the early release provisions (see section 324) are to apply to the offender as soon as the offender has served the part of the sentence which is specified in the order in accordance with section 322 or 323 (“the minimum term”).

(5) A whole life order is an order that the early release provisions are not to apply to the offender.

Textual Amendments

F224 Words in s. 321(3)(a) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 126(2)(a), 208(5)(l)

F225 S. 321(3A)-(3C) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 126(2)(b), 208(5)(l)

Modifications etc. (not altering text)

C115 Ss. 321-324 modified by 2006 c. 52, s. 261A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 60 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2) (as amended (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(2), 208(1); S.I. 2022/520, reg. 5(l))

Commencement Information

I319 S. 321 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

322 Mandatory life sentences: further provision E+W

(1) This section applies where a court passes a life sentence for an offence the sentence for which is fixed by law.

Minimum term

(2) If the court makes a minimum term order, the minimum term must be such part of the offender's sentence as the court considers appropriate taking into account—

(a) the seriousness of—

(i) the offence, or

(ii) the combination of the offence and any one or more offences associated with it, and

(b) the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

(i) section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

(ii) and section 240A of that Act (crediting periods on bail subject to certain restrictions);

including the effect of any declaration that the court would have made under section 325 or 327 (specifying periods of remand on bail subject to certain restrictions or in custody pending extradition).

Determination of seriousness

(3) In considering the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, under—

(a) section 321(3) [F226 or (3C)] (determining whether to make a whole life order), or

(b) subsection (2) (determining the minimum term),

the court must have regard to—

(i) the general principles set out in Schedule 21, and

(ii) any sentencing guidelines relating to offences in general which are relevant to the case and are not incompatible with the provisions of Schedule 21.

Duty to give reasons for minimum term order or whole life order

(4) Where the court makes a minimum term order or a whole life order, in complying with the duty under section 52(2) to state its reasons for deciding on the order made, the court must in particular—

(a) state which of the starting points in Schedule 21 it has chosen and its reasons for doing so, and

(b) state its reasons for any departure from that starting point.

Textual Amendments

F226 Words in s. 322(3)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 126(3), 208(5)(l)

Modifications etc. (not altering text)

C115 Ss. 321-324 modified by 2006 c. 52, s. 261A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 60 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2) (as amended (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(2), 208(1); S.I. 2022/520, reg. 5(l))

Commencement Information

I320 S. 322 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

323 Minimum term order: other life sentences E+W

(1) This section applies where a court—

(a) passes a life sentence in circumstances in which the sentence is not fixed by law, and

(b) makes a minimum term order.

[F227 (1A) The starting point, in determining the minimum term, is the relevant portion of the notional determinate sentence.

(1B) The “notional determinate sentence”, in relation to a life sentence, is the custodial sentence that the court would have imposed if the court had not imposed the life sentence.

(1C) The “relevant portion” of the notional determinate sentence is—

(a) where that sentence is within section 247A(2A) of the Criminal Justice Act 2003 (terrorist prisoners not entitled to early release), the term that the court would have determined as the appropriate custodial term (within the meaning given by subsection (8) of that section);

(b) where that sentence is a sentence under section 252A, 254, 265, 266, 278 or 279 (and is not within paragraph (a)), two-thirds of the term that the court would have determined as the appropriate custodial term under that section;

(c) where that sentence is any other custodial sentence, two-thirds of the term of the sentence.]

(2) [F228 The minimum term must be the starting point adjusted as the court considers appropriate, taking into account—]

(a) the seriousness of—

(i) the offence, or

(ii) the combination of the offence and one or more offences associated with it,

(b) F229 ... and

(c) the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

(i) section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

(ii) section 240A of that Act (crediting periods of remand on bail subject to certain restrictions);

including the effect of any declaration which the court would have made under section 325 or 327 (specifying periods of remand on bail subject to certain restrictions or in custody pending extradition).

[F230 (3) Subsection (2) is subject to the requirement that the minimum term in a serious terrorism case must be at least 14 years.

This is subject to subsections (5) and (6).

(4) A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)).

(5) The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which—

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

(b) justify a lesser period.

(6) The minimum term may be less than 14 years if the court considers it appropriate, taking into account—

(a) the matters mentioned in subsection (2)(c), and

(b) the effect that the following would, if the court had sentenced the offender under section 268B(2) or 282B(2), have had in relation to the appropriate custodial term for that sentence—

(i) section 73 (reductions for guilty pleas), and

(ii) section 74 (reductions for assistance to the prosecution).]

Textual Amendments

F227 S. 323(1A)-(1C) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(1)(a), 208(1); S.I. 2022/520, reg. 5(n)

F228 Words in s. 323(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(1)(b)(i), 208(1); S.I. 2022/520, reg. 5(n)

F229 S. 323(2)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(1)(b)(ii), 208(1); S.I. 2022/520, reg. 5(n)

F230 S. 323(3)-(6) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 11, 50(2)(f)(3)(b)

Modifications etc. (not altering text)

C115 Ss. 321-324 modified by 2006 c. 52, s. 261A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 60 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2) (as amended (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(2), 208(1); S.I. 2022/520, reg. 5(l))

Commencement Information

I321 S. 323 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

324 Life sentences: interpretation E+W

In this Chapter—

• “the early release provisions” means section 28(5) to (8) of the Crime (Sentences) Act 1997;

• “life sentence” means—

  (a)

  a sentence of imprisonment for life,

  (b)

  a sentence of detention for life or during Her Majesty's pleasure (see sections 250 and 259), or

  (c)

  a sentence of custody for life (see sections 272 and 275);

• “minimum term order” and “minimum term” have the meanings given by section 321(4);

• “whole life order” has the meaning given by section 321(5).

Modifications etc. (not altering text)

C115 Ss. 321-324 modified by 2006 c. 52, s. 261A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 60 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2) (as amended (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(2), 208(1); S.I. 2022/520, reg. 5(l))

Commencement Information

I322 S. 324 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 9 E+W Sentence administration

Declaration about time to count as served E+W

325 Time on bail under certain conditions: declaration by court E+W

(1) This section applies where—

(a) a court passes a determinate sentence on an offender in respect of an offence (see subsection (5)),

(b) the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, and

(c) the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2) The court must specify the credit period for the purposes of section 240A of the Criminal Justice Act 2003 (time remanded on bail to count towards time served) in relation to the sentence.

(3) The credit period is calculated by taking the following steps.

• Step 1

  Add—

  (a)

  the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and

  (b)

  the number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody).

• Step 2

  Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also—

  (a)

  subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, or

  (b)

  on temporary release under rules made under section 47 of the Prison Act 1952.

• Step 3

  From the remainder, deduct the number of days during that remainder on which the offender has broken either or both of the relevant conditions.

• Step 4

  Divide the result by 2.

• Step 5

  If necessary, round up to the nearest whole number.

(4) Where the court makes a declaration under subsection (2) it must state in open court—

(a) the number of days on which the offender was subject to the relevant conditions, and

(b) the number of days (if any) which it deducted under each of steps 2 and 3.

(5) For the purposes of subsection (1)(a), a court passes a determinate sentence if it—

(a) sentences the offender to imprisonment for a term,

(b) passes a determinate sentence of detention in a young offender institution, F231 ...

(c) passes a determinate sentence of detention under section 250 [F232 , 252A] or 254 (offenders aged under 18) [F233 , or

(d) makes a detention and training order.]

(6) For those purposes, a suspended sentence—

(a) is to be treated as a determinate sentence when it is activated under paragraph 13(1)(a) or (b) of Schedule 16, and

(b) is to be treated as being imposed by the order under which it is activated.

(7) Section 240ZA of the Criminal Justice Act 2003 makes provision about time remanded in custody which is to count as time served.

Textual Amendments

F231 Word in s. 325(5)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 9(a)

F232 Word in s. 325(5)(c) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(23)

F233 S. 325(5)(d) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 9(b)

Commencement Information

I323 S. 325 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

326 Section 325: interpretation E+W

(1) For the purposes of section 325, “sentence of imprisonment” does not include a committal—

(a) in default of payment of any sum of money, other than one adjudged to be paid on a conviction,

(b) for want of sufficient distress to satisfy any sum of money, or

(c) for failure to do or abstain from doing anything required to be done or left undone,

and references to sentencing an offender to imprisonment are to be read accordingly.

This definition has effect in place of the definition of “sentence of imprisonment” in section 397 for those purposes.

(2) For the purposes of section 325(1), another offence is “related” to the offence in respect of which the sentence is passed (the “sentenced offence”) if—

(a) the offender was charged with that other offence, and

(b) the charge for that other offence was founded on the same facts or evidence as the sentenced offence.

(3) In section 325—

• “curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, which—

  (a)

  is imposed by a court or the Secretary of State, and

  (b)

  arises as a result of a conviction;

• “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person‘s compliance with a qualifying curfew condition;

• “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day.

Commencement Information

I324 S. 326 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

327 Period in custody awaiting extradition: declaration by court E+W

(1) This section applies where a court imposes a fixed-term sentence on a person who—

(a) was tried for the offence in respect of which the sentence was imposed, or received the sentence—

(i) after having been extradited to the United Kingdom, and

(ii) without having first been restored or had an opportunity of leaving the United Kingdom, and

(b) was for any period kept in custody while awaiting extradition to the United Kingdom as mentioned in paragraph (a).

(2) In this section “fixed term sentence” means—

(a) a sentence of imprisonment for a determinate term,

(b) a determinate sentence of detention in a young offender institution, F234 ...

(c) a determinate sentence of detention under section 250 [F235 , 252A] or 254 [F236 , or

(d) a detention and training order.]

(3) The court must specify in open court the number of days for which the prisoner was kept in custody while awaiting extradition.

Textual Amendments

F234 Word in s. 327(2)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 10(a)

F235 Word in s. 327(2)(c) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(24)

F236 S. 327(2)(d) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 10(b)

Commencement Information

I325 S. 327 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Recommendations E+W

328 Power of court to recommend licence conditions for adults sentenced to term of 12 months or more E+W

(1) This section applies where a court sentences an offender to—

(a) a term of imprisonment, or

(b) a term of detention in a young offender institution,

of 12 months or more in respect of any offence.

(2) The court may, when passing sentence, recommend to the Secretary of State particular conditions which in its view should be included in any licence granted to the offender under Chapter 6 of Part 12 of the Criminal Justice Act 2003 on the offender's release from prison or detention.

(3) A recommendation under subsection (2) is not to be treated for any purpose as part of the sentence passed on the offender.

Modifications etc. (not altering text)

C116 S. 328 modified by 2006 c. 52, s. 262 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 61 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I326 S. 328 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Conversion of sentence of detention or custody to sentence of imprisonment E+W

329 Conversion of sentence of detention to sentence of imprisonment E+W

(1) This section applies where a court has passed a relevant custodial sentence sentencing an offender to a term of detention and the offender—

(a) has reached the age of 21, or

(b) has reached the age of 18 and has been reported to the Secretary of State by the independent monitoring board of the institution in which the offender is detained as—

(i) exercising a bad influence on the other inmates of the institution, or

(ii) behaving in a disruptive manner to the detriment of those inmates.

(2) The Secretary of State may direct that the offender is to be treated as if sentenced to imprisonment for the same term.

This is subject to the following provisions of this section.

Effect of direction

(3) Subsections [F237 (4) to] [F238 (5A)] apply where the Secretary of State gives a direction under subsection (2) in relation to the offender.

(4) The portion of the term of detention imposed under the relevant custodial sentence which the offender has already served is to be deemed to have been a portion of a term of imprisonment.

[F239 (4A) If the relevant custodial sentence is—

(a) a sentence of detention under section 252A, or

(b) a sentence of detention in a young offender institution under section 265,

the offender is to be treated as if sentenced to a sentence of imprisonment under section 278.]

(5) If the relevant custodial sentence is—

(a) an extended sentence of detention under section 254, or

(b) an extended sentence of detention in a young offender institution,

the offender is to be treated as if sentenced to an extended sentence of imprisonment under section 279.

[F240 (5A) If the relevant custodial sentence is a serious terrorism sentence of detention in a young offender institution, the offender is to be treated as if sentenced to a serious terrorism sentence of imprisonment under section 282A.]

(6) Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant custodial sentence is to continue to have effect after a direction under subsection (2) has been given in relation to the offender.

“Relevant custodial sentence”

(7) In this section “relevant custodial sentence” means any of the following—

(a) a sentence of detention under section 250 (including one imposed under section 258 [F241 or 258A] (detention for life));

[F242 (aa) a sentence of detention under section 252A;]

(b) an extended sentence of detention under section 254;

(c) a sentence of detention during Her Majesty's pleasure (see section 259);

(d) a sentence of detention in a young offender institution;

(e) an extended sentence of detention in a young offender institution (see section 266);

[F243 (ea) a serious terrorism sentence of detention in a young offender institution (see section 268A);]

(f) a sentence of custody for life (see sections 272 and 275).

Textual Amendments

F237 Words in s. 329(3) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(25)(a)

F238 Word in s. 329(3) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(16)(a)

F239 S. 329(4A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(25)(b)

F240 S. 329(5A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(16)(b)

F241 Words in s. 329(7)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(12), 208(5)(b)

F242 S. 329(7)(aa) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(25)(c)

F243 S. 329(7)(ea) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(16)(c)

Modifications etc. (not altering text)

C117 S. 329 modified by 2006 c. 52, s. 262A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 62 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I327 S. 329 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

FOURTH GROUP OF PARTS U.K. Further powers relating to sentencing

PART 11 U.K. Behaviour orders

CHAPTER 1 E+W Criminal behaviour orders

330 Criminal behaviour order E+W

In this Code “criminal behaviour order” means an order which, for the purpose of preventing an offender from engaging in behaviour that is likely to cause harassment, alarm or distress to any person—

(a) prohibits the offender from doing anything described in the order;

(b) requires the offender to do anything described in the order.

Commencement Information

I328 S. 330 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

331 Power to make criminal behaviour order E+W

(1) This section applies where—

(a) a person is convicted of an offence, and

(b) the prosecution makes an application to the court for a criminal behaviour order to be made against the offender.

(2) The court may make a criminal behaviour order against the offender if it—

(a) is satisfied that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person, and

(b) considers that making the order will help in preventing the offender from engaging in such behaviour.

(3) But the court may make a criminal behaviour order only if it—

(a) does so in addition to dealing with the offender for the offence, and

(b) does not make an order for absolute discharge under section 79 in respect of the offence.

(4) Prohibitions and requirements in a criminal behaviour order must, so far as practicable, be such as to avoid—

(a) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

(b) any conflict with the requirements of any other court order to which the offender may be subject.

(5) The prosecution must find out the views of the local youth offending team before applying for a criminal behaviour order to be made if the offender will be under the age of 18 when the application is made.

(6) In this section “local youth offending team” means the youth offending team in whose area it appears to the prosecution that the offender resides.

Commencement Information

I329 S. 331 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

332 Proceedings on an application for an order E+W

(1) For the purpose of deciding whether to make a criminal behaviour order the court may consider evidence led by the prosecution and evidence led by the offender.

(2) It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted.

(3) The court may adjourn any proceedings on an application for a criminal behaviour order even after sentencing the offender.

(4) If the offender does not appear for any adjourned proceedings the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the offender's arrest, or

(c) hear the proceedings in the offender's absence.

(5) The court may not act under paragraph (b) of subsection (4) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.

(6) The court may not act under paragraph (c) of subsection (4) unless it is satisfied that the offender—

(a) has had adequate notice of the time and place of the adjourned proceedings, and

(b) has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender's absence.

(7) Subsection (8) applies in relation to proceedings in which a criminal behaviour order is made against an offender who is under the age of 18.

(8) In so far as the proceedings relate to the making of the order—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the offender;

(b) section 39 of that Act (power to prohibit publication of certain matters) does so apply.

Commencement Information

I330 S. 332 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

333 Requirements included in orders E+W

(1) A criminal behaviour order that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to be specified;

(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider their compatibility with each other.

(4) A person specified under subsection (1) must—

(a) make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b) promote the offender's compliance with the relevant requirements;

(c) if the person considers that the offender—

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

inform the prosecution and the appropriate chief officer of police.

(5) In subsection (4)(c) “the appropriate chief officer of police” means the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender resides.

(6) An offender subject to a requirement in a criminal behaviour order must—

(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;

(b) notify the person of any change of address.

These obligations have effect as requirements of the order.

Commencement Information

I331 S. 333 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

334 Duration of order etc E+W

(1) A criminal behaviour order takes effect on the day it is made, subject to subsection (2).

(2) If on the day a criminal behaviour order (“the new order”) is made the offender is subject to another criminal behaviour order (“the previous order”), the new order may be made so as to take effect on the day on which the previous order ceases to have effect.

(3) A criminal behaviour order must specify the period (“the order period”) for which it has effect.

(4) In the case of a criminal behaviour order made before the offender has reached the age of 18, the order period must be a fixed period of—

(a) not less than 1 year, and

(b) not more than 3 years.

(5) In the case of a criminal behaviour order made after the offender has reached the age of 18, the order period must be—

(a) a fixed period of not less than 2 years, or

(b) an indefinite period (so that the order has effect until further order).

(6) A criminal behaviour order may specify periods for which particular prohibitions or requirements have effect.

Commencement Information

I332 S. 334 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

335 Interim order E+W

(1) This section applies where a court adjourns the hearing of an application for a criminal behaviour order.

(2) The court may make a criminal behaviour order that lasts until the final hearing of the application or until further order (“an interim order”) if the court thinks it just to do so.

(3) Section 331(1)(b), (3) and (5) and section 334(3) to (5) do not apply in relation to the making of an interim order.

(4) Subject to that, the court has the same powers whether or not the criminal behaviour order is an interim order.

Commencement Information

I333 S. 335 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

336 Variation or discharge of order E+W

(1) A criminal behaviour order may be varied or discharged by the court which made it on the application of—

(a) the offender, or

(b) the prosecution.

(2) If an application by the offender under this section is dismissed, the offender may make no further application under this section without—

(a) the consent of the court which made the order, or

(b) the agreement of the prosecution.

(3) If an application by the prosecution under this section is dismissed, the prosecution may make no further application under this section without—

(a) the consent of the court which made the order, or

(b) the agreement of the offender.

(4) The power to vary an order includes power—

(a) to include an additional prohibition or requirement in the order, or

(b) to extend the period for which a prohibition or requirement has effect.

(5) Section 333 applies to additional requirements included under subsection (4) as it applies to requirements included in a new order.

(6) In the case of a criminal behaviour order made by a magistrates' court, the references in this section to the court which made the order include a reference to any magistrates' court acting in the same local justice area as that court.

Commencement Information

I334 S. 336 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

337 Review of orders: offenders aged under 18 E+W

(1) If—

(a) an offender subject to a criminal behaviour order will be under the age of 18 at the end of a review period (see subsection (2)),

(b) the term of the order runs until the end of that period or beyond, and

(c) the order is not discharged before the end of that period,

a review of the operation of the order must be carried out before the end of that period.

(2) The “review periods” are—

(a) the period of 12 months beginning with—

(i) the day on which the criminal behaviour order takes effect, or

(ii) if during that period the order is varied under section 336, the day on which it is varied (or most recently varied, if the order is varied more than once);

(b) a period of 12 months beginning with—

(i) the day after the end of the previous review period, or

(ii) if during that period of 12 months the order is varied under section 336, the day on which it is varied (or most recently varied, if the order is varied more than once).

(3) A review under this section must include consideration of—

(a) the extent to which the offender has complied with the order;

(b) the adequacy of any support available to the offender to help the offender comply with it;

(c) any matters relevant to the question whether an application should be made for the order to be varied or discharged.

(4) Those carrying out or participating in a review under this section must have regard to any relevant guidance issued by the Secretary of State under section 341 when considering—

(a) how the review should be carried out;

(b) what particular matters the review should deal with;

(c) what action (if any) it would be appropriate to take as a result of the findings of the review.

Commencement Information

I335 S. 337 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

338 Carrying out and participating in reviews E+W

(1) A review under section 337 is to be carried out by the chief officer of police of the police force maintained for the police area in which the offender resides or appears to be residing.

(2) The chief officer, in carrying out a review under section 337, must act in co-operation with the council for the local government area in which the offender resides or appears to be residing; and the council must co-operate in the carrying out of the review.

(3) The chief officer may invite the participation in the review of any other person or body.

(4) In this section “local government area” means—

(a) in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

(b) in relation to Wales, a county or a county borough.

For the purposes of this section, the council for the Inner and Middle Temples is the Common Council of the City of London.

Commencement Information

I336 S. 338 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

339 Breach of order E+W

(1) It is an offence for a person without reasonable excuse—

(a) to do anything he or she is prohibited from doing by a criminal behaviour order, or

(b) to fail to do anything he or she is required to do by a criminal behaviour order.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.

(3) If a person is convicted of an offence under this section, an order for conditional discharge under section 80 is not available to the court by or before which the person is convicted.

(4) In proceedings for an offence under this section, a copy of the original criminal behaviour order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.

(5) In relation to any proceedings for an offence under this section that are brought against a person under the age of 18—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the person;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply.

(6) If, in relation to any proceedings mentioned in subsection (5), the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it must give its reasons for doing so.

Commencement Information

I337 S. 339 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

340 Special measures for witnesses E+W

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to criminal behaviour order proceedings as it applies to criminal proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2) (which make provision appropriate only in the context of criminal proceedings), and

(b) any other necessary modifications.

(2) The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) section 27(10);

(e) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to criminal behaviour order proceedings—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) In this section “criminal behaviour order proceedings” means proceedings in a magistrates' court or the Crown Court so far as relating to the issue whether to make a criminal behaviour order.

Commencement Information

I338 S. 340 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

341 Guidance E+W

(1) The Secretary of State may issue guidance to—

(a) chief officers of police, and

(b) the councils mentioned in section 338(2),

about the exercise of their functions under this Chapter.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

Commencement Information

I339 S. 341 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

342 Offender aged under 18: parenting order where criminal behaviour order made E+W

See section 8(1)(b) of the Crime and Disorder Act 1998 for requirements and powers of a court to make a parenting order under that Act in a case where it makes a criminal behaviour order against an offender aged under 18.

Commencement Information

I340 S. 342 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F244 CHAPTER 1A E+W Serious violence reduction orders

Textual Amendments

F244 Pt. 11 Ch. 1A inserted (28.4.2022 for specified purposes, 19.4.2023 for the specified purpose and for the specified period of 24 months beginning with that date) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 165(1), 166, 208(4)(u); S.I. 2023/387, regs. 1, 5(1)(a)(2) (with regs. 6-8)

342A Power to make serious violence reduction order E+W

(1) This section applies where—

(a) a person aged 18 or over (“the offender”) is convicted of an offence which was committed on or after the first appointed day, and

(b) the prosecution makes an application to the court for a serious violence reduction order to be made in respect of the offender.

(2) Subject to subsection (6), the court may make a serious violence reduction order in respect of the offender if—

(a) the condition in subsection (3) or (4) is met, and

(b) the condition in subsection (5) is met.

(3) The condition in this subsection is that the court is satisfied on the balance of probabilities that—

(a) a bladed article or offensive weapon was used by the offender in the commission of the offence, or

(b) the offender had a bladed article or offensive weapon with them when the offence was committed.

(4) The condition in this subsection is that the court is satisfied on the balance of probabilities that—

(a) a bladed article or offensive weapon was used by another person in the commission of the offence and the offender knew or ought to have known that this would be the case, or

(b) another person who committed the offence had a bladed article or offensive weapon with them when the offence was committed and the offender knew or ought to have known that this would be the case.

(5) The condition in this subsection is that the court considers it necessary to make a serious violence reduction order in respect of the offender to—

(a) protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon,

(b) protect any particular members of the public in England and Wales (including the offender) from such risk, or

(c) prevent the offender from committing an offence involving a bladed article or offensive weapon.

(6) The court may make a serious violence reduction order in respect of the offender only if it—

(a) does so in addition to dealing with the offender for the offence, and

(b) does not make an order for absolute discharge under section 79 in respect of the offence.

(7) For the purpose of deciding whether to make a serious violence reduction order the court may consider evidence led by the prosecution and evidence led by the offender.

(8) It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted.

(9) The court may adjourn any proceedings on an application for a serious violence reduction order even after sentencing the offender.

(10) If the offender does not appear for any adjourned proceedings the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the offender’s arrest, or

(c) hear the proceedings in the offender’s absence.

(11) The court may not act under subsection (10)(b) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.

(12) The court may not act under subsection (10)(c) unless it is satisfied that the offender—

(a) has had adequate notice of the time and place of the adjourned proceedings, and

(b) has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender’s absence.

(13) On making a serious violence reduction order the court must in ordinary language explain to the offender—

(a) the effects of the order, and

(b) the powers that a constable has in respect of the offender under section 342E while the order is in effect.

(14) In subsection (1)(a) “the first appointed day” means the first day appointed by regulations under section 208(1) of the Police, Crime, Sentencing and Courts Act 2022 for the coming into force to any extent of section 165 of that Act.

(15) In subsection (4) the references to the offence include references to any offence arising out of the same facts as the offence.

342B Meaning of “serious violence reduction order” E+W

(1) In this Chapter, “serious violence reduction order” means an order made in respect of an offender that imposes on the offender—

(a) the requirements specified in subsections (2) and (4), and

(b) the requirements and prohibitions, if any, specified in regulations made by the Secretary of State for the purposes of this section.

(2) The offender must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect.

(3) That information is—

(a) the offender’s name on the day that the notification is given and, where the offender uses one or more other names on that day, each of those names,

(b) the offender’s home address on that day, and

(c) the address of any other premises at which, on that day, the offender regularly resides or stays.

(4) The offender must be required to notify the information mentioned in subsection (5) to the police within the period of 3 days beginning with the day on which the offender—

(a) uses a name which has not been previously notified to the police in accordance with the order,

(b) changes their home address, or

(c) decides to live for a period of one month or more at any premises the address of which has not been previously notified to the police in accordance with the order.

(5) That information is—

(a) in a case within subsection (4)(a), the name which has not previously been notified,

(b) in a case within subsection (4)(b), the new home address, and

(c) in a case within subsection (4)(c), the address of the premises at which the offender has decided to live.

(6) A serious violence reduction order must provide that the offender gives a notification of the kind mentioned in subsection (2) or (4) by—

(a) attending at a police station in a police area in which the offender lives, and

(b) giving an oral notification to a police officer, or to any person authorised for the purpose by the officer in charge of the station.

(7) The Secretary of State may make regulations under subsection (1)(b) only if—

(a) the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders), and

(b) the Secretary of State considers that it is appropriate to make the regulations for the purpose of assisting constables to exercise the powers conferred by section 342E.

(8) Regulations under subsection (1)(b) are subject to the affirmative resolution procedure.

(9) In this section, “home address”, in relation to the offender, means—

(a) the address of the offender’s sole or main residence, or

(b) if the offender has no such residence, the address or location of a place where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.

342C Serious violence reduction orders: additional requirements etc E+W

(1) A serious violence reduction order may impose on the offender any requirement or prohibition specified in regulations made by the Secretary of State for the purposes of this section if the condition in subsection (2) is met.

(2) The condition in this subsection is that the court considers it appropriate for the order to impose the requirement or prohibition on the offender for the purpose of assisting constables to exercise the powers conferred by section 342E in respect of the offender.

(3) Regulations under this section may be made only after the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders).

(4) Regulations under this section are subject to the affirmative resolution procedure.

342D Duration of serious violence reduction orders E+W

(1) A serious violence reduction order takes effect on the day it is made, subject to subsections (3) and (4).

(2) A serious violence reduction order must specify the period for which it has effect, which must be a fixed period of not less than 6 months and not more than 2 years.

(3) Subsection (4) applies in relation to a serious violence reduction order if—

(a) the offender has been remanded in or committed to custody by an order of a court, or

(b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence.

(4) The order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence.

(5) Where a court makes a serious violence reduction order and the offender is already subject to such an order, the earlier order ceases to have effect.

342E Serious violence reduction orders: powers of constables E+W

(1) This section applies where a serious violence reduction order is in effect.

(2) A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them.

(3) A constable may detain the offender for the purpose of carrying out the search.

(4) A constable may seize anything that the constable finds in the course of the search if the constable reasonably suspects it to be a bladed article or an offensive weapon.

(5) The powers in this section may be exercised only while the offender is in a public place.

(6) A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this section.

(7) The powers conferred on a constable by this section are additional to powers which the constable has at common law or by virtue of any other enactment and does not affect those powers.

342F Retention and disposal of things seized under section 342E E+W

(1) Any thing seized by a constable under section 342E may be retained in accordance with regulations made by the Secretary of State under this section.

(2) The Secretary of State may by regulations make provision—

(a) regulating the retention and safekeeping of things seized by a constable under section 342E, and

(b) regulating the disposal and destruction of such things in such circumstances as the regulations may prescribed.

(3) Regulations under this section are subject to the negative resolution procedure.

342G Offences relating to a serious violence reduction order E+W

(1) Where a serious violence reduction order is in effect, the offender commits an offence if the offender—

(a) fails without reasonable excuse to do anything the offender is required to do by the order,

(b) without reasonable excuse does anything the offender is prohibited from doing by the order,

(c) notifies to the police, in purported compliance with the order, any information which the offender knows to be false,

(d) tells a constable that they are not subject to a serious violence reduction order, or

(e) intentionally obstructs a constable in the exercise of any power conferred by section 342E.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding [F245 the general limit in a magistrates’ court], or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(3) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (2)(a) to [F246 the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(4) If a person is convicted of an offence under this section, an order for conditional discharge under section 80 is not available to the court by or before which the person is convicted.

Textual Amendments

F245 Words in s. 342G(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F246 Words in s. 342G(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

342H Variation, renewal or discharge of serious violence reduction order E+W

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a serious violence reduction order.

(2) Those persons are—

(a) the offender;

(b) the chief officer of police for the police area in which the offender lives;

(c) the chief officer of police for the police area in which the offender committed the offence on the basis of which the order was made;

(d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area;

(e) where the offence on the basis of which the order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force.

(3) Paragraph (e) of subsection (2) applies to an offence which—

(a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or

(b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section.

(4) An application under this section must be made in accordance with rules of court.

(5) Before making a decision on an application under this section, the court must hear—

(a) the person making the application, and

(b) any other person within subsection (2) who wishes to be heard.

(6) Subject to subsection (7), on an application under this section the court may make such order varying, renewing or discharging the serious violence reduction order as it thinks appropriate.

(7) The court may renew a serious violence reduction order, or vary such an order so as to lengthen its duration, only if it considers that to do so is necessary—

(a) to protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon,

(b) to protect any particular members of the public in England and Wales (including the offender) from such risk, or

(c) to prevent the offender from committing an offence involving a bladed article or offensive weapon.

(8) On making an order under this section varying or renewing a serious violence reduction order, the court must in ordinary language explain to the offender—

(a) the effects of the serious violence reduction order (as varied or renewed), and

(b) the powers that a constable has in respect of the offender under section 342E while the serious violence reduction order is in effect.

(9) In this section the “appropriate court” means—

(a) where the Crown Court or the Court of Appeal made the serious violence reduction order, the Crown Court;

(b) where a magistrates’ court made the serious violence reduction order and the application is made by the offender or the chief constable of the British Transport Police Force—

(i) that magistrates’ court, or

(ii) a magistrates’ court for the area in which the offender lives;

(c) where a magistrates’ court made the serious violence reduction order and the application is made by a chief officer of police—

(i) that magistrates’ court,

(ii) a magistrates’ court for the area in which the offender lives, or

(iii) a magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.

342I Appeal against serious violence reduction order etc E+W

(1) An appeal against the making of a serious violence reduction order may be brought by the offender as if the order were a sentence passed on the offender for an offence.

(2) Where an application is made under section 342H for an order varying, renewing or discharging a serious violence reduction order—

(a) the person who made the application may appeal against a refusal to make an order under that section;

(b) the offender may appeal against the making of an order under that section which was made on the application of a chief officer of police or the chief constable of the British Transport Police Force;

(c) a chief officer of police within subsection (2) of that section may appeal against the making of an order under that section which was made on the application of the offender;

(d) where the offence on the basis of which the serious violence reduction order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force may appeal against the making of an order under that section which was made on the application of the offender.

(3) Paragraph (d) of subsection (2) applies to an offence which—

(a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or

(b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section.

(4) An appeal under subsection (2)—

(a) is to be made to the Court of Appeal if the application under section 342H was made to the Crown Court;

(b) is to be made to the Crown Court in any other case.

(5) On an appeal under subsection (2) to the Crown Court, the court may make—

(a) such orders as may be necessary to give effect to its determination of the appeal, and

(b) such incidental and consequential orders as appear to it to be appropriate.

342J Guidance E+W

(1) The Secretary of State may issue guidance to—

(a) constables,

(b) chief officers of police, and

(c) the chief constable of the British Transport Police Force,

in relation to serious violence reduction orders.

(2) The guidance may in particular include—

(a) guidance about the exercise by constables, chief officers of police and the chief constable of the British Transport Police Force of their functions under this Chapter,

(b) guidance about identifying offenders in respect of whom it may be appropriate for applications for serious violence reduction orders to be made, and

(c) guidance about providing assistance to prosecutors in connection with applications for serious violence reduction orders.

(3) The Secretary of State may revise any guidance issued under this section.

(4) The Secretary of State must arrange for any guidance issued under this section to be published.

(5) A constable, chief officer of police or the chief constable of the British Transport Police Force must have regard to any guidance issued under this section.

342K Guidance: Parliamentary procedure E+W

(1) Before issuing guidance under section 342J, the Secretary of State must lay a draft of the guidance before Parliament.

(2) If, within the 40-day period, either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued.

(3) If no such resolution is made within that period, the Secretary of State may issue the guidance.

(4) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).

(5) In calculating the 40-day period, no account is to be taken of any period during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than 4 days.

342L Serious violence reduction orders: interpretation E+W

In this Chapter—

• “bladed article” means an article to which section 139 of the Criminal Justice Act 1988 applies;

• “custodial sentence” includes a pre-Code custodial sentence (see section 222(4));

• “harm” includes physical and psychological harm;

• “offensive weapon” has the same meaning as in section 1(4) of the Prevention of Crime Act 1953;

• “public place” means—

  (a)

  any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

  (b)

  any other place to which people have ready access but which is not a dwelling;

• “the offender”, in relation to a serious violence reduction order, means the offender in respect of whom the order or the application for the order has been made.]

CHAPTER 2 U.K. Sexual harm prevention orders

343 Sexual harm prevention order E+W

[F247 (1) In this Code a “sexual harm prevention order” means an order made under this Chapter in respect of an offender.

(1A) A sexual harm prevention order may—

(a) prohibit the offender from doing anything described in the order;

(b) require the offender to do anything described in the order.]

(2) The only prohibitions [F248 or requirements] that may be included in a sexual harm prevention order are those necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

[F249 (3) The prohibitions or requirements which are imposed on the offender by a sexual harm prevention order must, so far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs,

(b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and

(c) any conflict with any other court order or injunction to which the offender may be subject (but see section 349).]

Textual Amendments

F247 S. 343(1)(1A) substituted for s. 343(1) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(2)(a), 208(1); S.I. 2022/1227, reg. 3(h)

F248 Words in s. 343(2) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(2)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F249 S. 343(3) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(2)(c), 208(1); S.I. 2022/1227, reg. 3(h)

Commencement Information

I341 S. 343 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

344 Meaning of “sexual harm” E+W

(1) In this Chapter, “sexual harm” from a person means physical or psychological harm caused—

(a) by the person committing one or more offences listed in Schedule 3 to the Sexual Offences Act 2003 (sexual offences for the purposes of Part 2 of that Act), or

(b) (in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in that Schedule if done in any part of the United Kingdom.

(2) Where an offence listed in that Schedule is listed subject to a condition that relates—

(a) to the way in which the offender is dealt with in respect of an offence so listed, or

(b) to the age of any person,

that condition is to be disregarded in determining for the purposes of subsection (1) whether the offence is listed in that Schedule.

Commencement Information

I342 S. 344 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

345 Sexual harm prevention order: availability on conviction E+W

(1) Where a person is convicted of an offence listed in Schedule 3 or 5 to the Sexual Offences Act 2003 (sexual offences, and other offences, for the purposes of Part 2 of that Act), the court dealing with the offender in respect of the offence may make a sexual harm prevention order.

(2) Where an offence listed in Schedule 3 to that Act is listed subject to a condition that relates—

(a) to the way in which the offender is dealt with in respect of an offence so listed, or

(b) to the age of any person,

that condition is to be disregarded in determining for the purposes of subsection (1) whether the offence is listed in that Schedule.

Commencement Information

I343 S. 345 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

346 Exercise of power to make sexual harm prevention order E+W

[F250 (1)] Where a sexual harm prevention order is available to a court, the court may make such an order only if satisfied that it is necessary to do so for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

[F251 (2) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at a high risk of sexual abuse or sexual exploitation) and has not been withdrawn, the court must have regard to the list in considering—

(a) whether a sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and

(b) in particular, whether a prohibition on foreign travel (see section 348) is necessary for that purpose.]

Textual Amendments

F250 S. 346 renumbered as s. 346(1) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(1)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F251 S. 346(2) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(1)(b), 208(1); S.I. 2022/1227, reg. 3(f)

Commencement Information

I344 S. 346 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

347 Sexual harm prevention orders: matters to be specified E+W

(1) A sexual harm prevention order must specify—

(a) the prohibitions [F252 and requirements] included in the order, and

(b) for each prohibition [F253 or requirement], the period for which it is to have effect (the [F254 “specified period”]).

See section 348 for further matters to be included in the case of a prohibition on travelling to any country outside the United Kingdom.

(2) The [F255 specified period] must be—

(a) a fixed period of not less than 5 years, or

(b) an indefinite period (so that the prohibition [F256 or requirement] has effect until further order).

This is subject to section 348(1) (prohibition on foreign travel).

(3) A sexual harm prevention order—

(a) may specify fixed periods for some of its prohibitions [F257 or requirements] and an indefinite period for others;

(b) may specify different periods for different prohibitions [F257 or requirements].

Textual Amendments

F252 Words in s. 347(1)(a) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(3)(a), 208(1); S.I. 2022/1227, reg. 3(h)

F253 Words in s. 347(1)(b) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(3)(b)(i), 208(1); S.I. 2022/1227, reg. 3(h)

F254 Words in s. 347(1)(b) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(3)(b)(ii), 208(1); S.I. 2022/1227, reg. 3(h)

F255 Words in s. 347(2) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(3)(c)(i), 208(1); S.I. 2022/1227, reg. 3(h)

F256 Words in s. 347(2)(b) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(3)(c)(ii), 208(1); S.I. 2022/1227, reg. 3(h)

F257 Words in s. 347(3) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(3)(d), 208(1); S.I. 2022/1227, reg. 3(h)

Commencement Information

I345 S. 347 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F258 347A Sexual harm prevention orders: requirements included in order etc. U.K.

(1) A sexual harm prevention order that imposes a requirement to do something on an offender must specify a person who is to be responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2) Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to be specified;

(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 348A(5) and (6)).

(4) It is the duty of a person specified under subsection (1)—

(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);

(b) to promote the offender’s compliance with the relevant requirements;

(c) if the person considers that—

(i) the offender has complied with all the relevant requirements, or

(ii) the offender has failed to comply with a relevant requirement,

to inform the appropriate chief officer of police.

(5) In subsection (4)(c) the “appropriate chief officer of police means—

(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender lives, or

(b) if it appears to that person that the offender lives in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.

(6) An offender subject to a requirement imposed by a sexual harm prevention order must—

(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and

(b) notify that person of any change of the offender’s home address.

These obligations have effect as requirements of the order.

(7) In this section “home address”, in relation to an offender, means—

(a) the address of the offender’s sole or main residence in the United Kingdom, or

(b) where the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.]

Textual Amendments

F258 S. 347A inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(4), 208(1); S.I. 2022/1227, reg. 3(h)

Modifications etc. (not altering text)

C118 S. 347A(4)(c) modified (29.11.2022) by 2003 c. 42, s. 137(3)(bb) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(d), 208(1); S.I. 2022/1227, reg. 3(h))

348 Sexual harm prevention orders: prohibitions on foreign travel E+W

(1) A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.

(2) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 350.

(3) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) a prohibition on travelling to any country outside the United Kingdom.

(4) A sexual harm prevention order that contains a prohibition within subsection (3)(c)—

(a) must require the offender to surrender all of the offender's passports at a police station, and

(b) must specify—

(i) the police station at which the passports are to be surrendered, and

(ii) the period within which they must be surrendered (if not surrendered on or before the date when the prohibition takes effect).

(5) Any passports surrendered must be returned as soon as reasonably practicable after the offender ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (3)(c) (unless the offender is subject to an equivalent prohibition under another order).

(6) Subsection (5) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(7) In this section “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.

Commencement Information

I346 S. 348 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

349 Making of sexual harm prevention order: effect on other orders U.K.

(1) Where a court makes a sexual harm prevention order in relation to an offender who is already subject to—

(a) a sexual harm prevention order, or

(b) an order under section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders under that Act),

the earlier order ceases to have effect.

(2) Where a court makes a sexual harm prevention order in relation to an offender who is already subject to—

(a) a sexual offences prevention order under section 104 of the Sexual Offences Act 2003, F259 ...

(b) a foreign travel order under section 114 of that Act, [F260 or

(c) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22),]

the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.

Textual Amendments

F259 Word in s. 349(2)(a) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(1)(a), 208(1); S.I. 2023/387, reg. 3(e)

F260 S. 349(2)(c) and word inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(1)(b), 208(1); S.I. 2023/387, reg. 3(e)

Commencement Information

I347 S. 349 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

350 Sexual harm prevention orders: variations, renewals and discharges E+W

(1) Where a sexual harm prevention order has been made in respect of an offender, a person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging the sexual harm prevention order.

(2) The persons are—

(a) the offender;

(b) the chief officer of police for the area in which the offender resides;

(c) a chief officer of police who believes that the offender is in, or is intending to come to, that officer's police area.

(3) An application under subsection (1) may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of court;

(b) in any other case, by complaint.

[F261 (3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) or (c) must have regard to the list in considering—

(a) whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and

(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.]

(4) Subsection (5) applies where an application under subsection (1) is made.

(5) After hearing—

(a) the person making the application, and

(b) if they wish to be heard, the other persons mentioned in subsection (2),

the court may make any order, varying, renewing or discharging the sexual harm prevention order, that it considers appropriate.

This is subject to subsections (6) and (7).

(6) An order may be renewed, or varied so as to impose additional prohibitions [F262 or requirements] on the offender, only if it is necessary to do so for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

Any renewed or varied order may contain only such prohibitions [F263 and requirements] as are necessary for this purpose.

[F264 (6A) Any additional prohibitions or requirements that are imposed on the offender must, so far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs,

(b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and

(c) any conflict with any other court order or injunction to which the offender may be subject.]

[F265 (6B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—

(a) whether an order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and

(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.]

(7) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made, without the consent of the offender and—

(a) where the application is made by a chief officer of police, that chief officer, or

(b) in any other case, the chief officer of police for the area in which the offender resides.

(8) Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions [F266 or requirements].

(9) In this section “the appropriate court” means—

(a) where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;

(b) where a magistrates' court made the order and the offender is aged 18 or over—

(i) the court which made the order, if it is an adult magistrates' court,

(ii) a magistrates' court acting in the local justice area in which the offender resides, or

(iii) if the application is made by a chief officer of police, any magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(c) where a youth court made the order and the offender is aged under 18—

(i) that court,

(ii) a youth court acting in the local justice area in which the offender resides, or

(iii) if the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area.

In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.

(10) For circumstances in which a sexual harm prevention order ceases to have effect when a court in the United Kingdom makes another order, see the following provisions of the Sexual Offences Act 2003—

(a) section 103C(6) (sexual harm prevention order under that Act);

(b) section 136ZB(2) (certain orders made by a court in Northern Ireland or Scotland).

Textual Amendments

F261 S. 350(3A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(2)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F262 Words in s. 350(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(5)(a)(i), 208(1); S.I. 2022/1227, reg. 3(h)

F263 Words in s. 350(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(5)(a)(ii), 208(1); S.I. 2022/1227, reg. 3(h)

F264 S. 350(6A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(5)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F265 S. 350(6B) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(2)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F266 Words in s. 350(8) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(5)(c), 208(1); S.I. 2022/1227, reg. 3(h)

Modifications etc. (not altering text)

C119 S. 350(3A) modified (29.11.2022) by 2003 c. 42, s. 137(3)(c)(ib) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(f), 208(1); S.I. 2022/1227, reg. 3(k))

Commencement Information

I348 S. 350 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

351 Variation [F267 , renewal or discharge] of sexual harm prevention order by court in Northern Ireland E+W+N.I.

(1) This section applies where a sexual harm prevention order has been made in respect of an offender who—

(a) is residing in Northern Ireland, or

(b) is in or intends to come to Northern Ireland.

(2) An application may be made to the appropriate court in Northern Ireland—

(a) by the offender, or

(b) by the Chief Constable of the Police Service of Northern Ireland,

for an order varying [F268 , renewing or discharging] the sexual harm prevention order.

(3) An application under subsection (2) may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of court;

(b) in any other case, by complaint.

(4) Subsection (5) applies where an application under subsection (2) is made.

(5) After hearing—

(a) the person making the application, and

(b) the other person mentioned in subsection (2) (if that person wishes to be heard),

the court may make any order varying [F269 , renewing or discharging] the sexual harm prevention order that it considers appropriate.

This is subject to [F270 subsections (5A) to (7A)].

[F271 (5A) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Northern Ireland, and

(b) whether the defendant is likely to return to, or to visit, England and Wales.]

(6) An order may be [F272 renewed, or] varied so as to impose additional prohibitions [F273 or requirements] on the offender [F274 , only] if it is necessary to do so for the purpose of—

(a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(7) An order as [F275 renewed or] varied under this section may contain only such prohibitions [F276 and requirements] as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

[F277 (7A) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland.]

(8) The offender may appeal against the making of an order under this section, or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;

(b) in any other case, to a county court in Northern Ireland.

(9) On an appeal under subsection (8)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(10) In this section—

• “the appropriate court” means—

  (a)

  where the sexual harm prevention order was made by—

  (i)

  the Crown Court, otherwise than on appeal from a magistrates' court, or

  (ii)

  the Court of Appeal,

  the Crown Court (in Northern Ireland);

  (b)

  where—

  (i)

  the sexual harm prevention order was made by a magistrates' court, or by the Crown Court on appeal from a magistrates' court, and

  (ii)

  the offender is aged 18 or over,

  any court of summary jurisdiction in Northern Ireland;

  (c)

  where—

  (i)

  the offender is aged under 18, and

  (ii)

  paragraph (a) does not apply,

  any youth court in Northern Ireland;

• “complaint” means a complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

Textual Amendments

F267 Words in s. 351 heading inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(2); S.I. 2023/387, reg. 3(g)(i)

F268 Words in s. 351(2) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(3); S.I. 2023/387, reg. 3(g)(i)

F269 Words in s. 351(5) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(4)(a); S.I. 2023/387, reg. 3(g)(i)

F270 Words in s. 351(5) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(4)(b); S.I. 2023/387, reg. 3(g)(i)

F271 S. 351(5A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(5); S.I. 2023/387, reg. 3(g)(i)

F272 Words in s. 351(6) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(6)(a); S.I. 2023/387, reg. 3(g)(i)

F273 Words in s. 351(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(1)(a), 208(1); S.I. 2022/1227, reg. 3(j)

F274 Word in s. 351(6) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(6)(b); S.I. 2023/387, reg. 3(g)(i)

F275 Words in s. 351(7) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(7); S.I. 2023/387, reg. 3(g)(i)

F276 Words in s. 351(7) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(1)(b), 208(1); S.I. 2022/1227, reg. 3(j)

F277 S. 351(7A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(8); S.I. 2023/387, reg. 3(g)(i)

Commencement Information

I349 S. 351 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F278 351A Variation, renewal or discharge of sexual harm prevention order by court in Scotland E+W+S

(1) This section applies where a sexual harm prevention order has been made in respect of an offender who—

(a) is residing in Scotland, or

(b) is in or intends to come to Scotland.

(2) An application may be made to the appropriate sheriff in Scotland—

(a) by the offender, or

(b) by the chief constable,

for an order varying, renewing or discharging the sexual harm prevention order.

(3) Subsection (4) applies where an application under subsection (2) is made.

(4) After hearing—

(a) the person making the application, and

(b) the other person mentioned in subsection (2) (if that person wishes to be heard),

the sheriff may make any order varying, renewing or discharging the sexual harm prevention order that the sheriff considers appropriate.

This is subject to subsections (5) to (8).

(5) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Scotland, and

(b) whether the defendant is likely to return to, or to visit, England and Wales.

(6) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the offender, only if it is necessary to do so for the purpose of—

(a) protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(7) An order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(8) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.

(9) The offender may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).

(10) In this section—

• “the appropriate sheriff” means—

  (a)

  in any case, a sheriff in whose sheriffdom the offender resides, or

  (b)

  in a case where the application is made by the chief constable—

  (i)

  a sheriff in whose sheriffdom the offender is believed by the chief constable to be, or

  (ii)

  a sheriff to whose sheriffdom the offender is believed by the chief constable to be intending to come;

• “the chief constable” means the chief constable of the Police Service of Scotland.]

Textual Amendments

F278 S. 351A inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 5; S.I. 2023/387, reg. 3(g)(ii)

352 Sexual harm prevention orders: notification requirements E+W

(1) Where—

(a) a sexual harm prevention order is made in respect of an offender who was subject to the notification requirements immediately before the making of the order, and

(b) the offender would (apart from this subsection) cease to be subject to the notification requirements while the order (as renewed from time to time) has effect,

the offender remains subject to the notification requirements.

(2) Where a sexual harm prevention order is made in respect of an offender who was not subject to the notification requirements immediately before the making of the order—

(a) the order causes the offender to become subject to the notification requirements from the making of the order until the order (as renewed from time to time) ceases to have effect, and

(b) Part 2 of the Sexual Offences Act 2003 (notification and orders) applies to the offender, subject to the modification set out in subsection (3).

(3) References in that Part of that Act to the “relevant date” are references to the date of service of the sexual harm prevention order.

(4) In this section, “the notification requirements” means the notification requirements of Part 2 of the Sexual Offences Act 2003.

Commencement Information

I350 S. 352 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

353 Sexual harm prevention orders: appeals E+W

(1) An offender may appeal against the making of an order under section 350, or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b) in any other case, to the Crown Court.

(2) On an appeal under subsection (1)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

Commencement Information

I351 S. 353 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

354 Offence: breach of sexual harm prevention order E+W

[F279 (1) A person commits an offence if, without reasonable excuse, the person—

(a) does anything that the person is prohibited from doing by a sexual harm prevention order, or

(b) fails to do something that the person is required to do by a sexual harm prevention order.]

(2) See section 113 of the Sexual Offences Act 2003 for offences in Scotland and Northern Ireland of [F280 breaching such an order].

F281 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.

(5) An order for conditional discharge is not available in respect of an offence under this section.

Textual Amendments

F279 S. 354(1) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(6)(a), 208(1); S.I. 2022/1227, reg. 3(h)

F280 Words in S. 354(2) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(6)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F281 S. 354(3) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(6)(c), 208(1); S.I. 2022/1227, reg. 3(h)

Commencement Information

I352 S. 354 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

355 Parenting order where sexual harm prevention order made in case of offender aged under 18 E+W

See section 8(1)(b) of the Crime and Disorder Act 1998 for powers of a court to make a parenting order under that Act in a case where it makes a sexual harm prevention order in respect of an offender aged under 18.

Commencement Information

I353 S. 355 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

356 Sexual harm prevention orders: supplementary E+W

(1) The Secretary of State must issue guidance to chief officers of police in relation to the exercise by them of their powers with regard to sexual harm prevention orders under this Code.

(2) The Secretary of State may revise the guidance issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under subsection (1) or (2) to be published in such manner as the Secretary of State considers appropriate.

(4) Rules of court may, in relation to a person who reaches the age of 18 after proceedings against that person by virtue of section 350, have begun—

(a) prescribe circumstances in which the proceedings may or must remain in the youth court;

(b) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court.

Commencement Information

I354 S. 356 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

357 Disapplication of time limit for complaints E+W

Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Chapter.

Commencement Information

I355 S. 357 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

358 Sexual harm prevention orders: interpretation E+W

In this Chapter—

• “child” means a person under 18;

• “the public” means the public in the United Kingdom;

• “sexual harm” has the meaning given by section 344;

• “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.

Commencement Information

I356 S. 358 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Protection from harassment

Modifications etc. (not altering text)

C120 Pt. 11 Ch. 3 modified by S.I. 2014/3300, reg.13(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 425 (with Sch. 27); S.I. 2020/1236, reg. 2)

359 Restraining order E+W

(1) In this Code “restraining order” means an order made under section 360 against a person which prohibits the person from doing anything described in the order.

(2) A restraining order may have effect—

(a) for a period specified in the order, or

(b) until further order.

Commencement Information

I357 S. 359 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

360 Restraining order: availability E+W

(1) This section applies where a court is dealing with an offender for an offence.

(2) The court may make a restraining order under this section against the offender for the purpose of protecting the victim or victims of the offence, or any other person mentioned in the order, from conduct which—

(a) amounts to harassment, or

(b) will cause a fear of violence.

(3) But the court may make a restraining order under this section only if it does so in addition to dealing with the offender for the offence.

Commencement Information

I358 S. 360 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

361 Procedure for varying or discharging restraining order E+W

(1) Where a person is subject to a restraining order—

(a) that person,

(b) the prosecution, or

(c) any other person mentioned in the order,

may apply to the court which made the order for it to be varied or discharged by a further order.

(2) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (1).

Commencement Information

I359 S. 361 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

362 Evidence in proceedings relating to restraining orders E+W

(1) This section applies to—

(a) proceedings under section 360 for the making of a restraining order;

(b) proceedings under section 361 or 363(6) for the variation or discharge of a restraining order.

(2) In any such proceedings, both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3 of the Protection from Harassment Act 1997 (civil remedy).

Commencement Information

I360 S. 362 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

363 Offence of breaching restraining order E+W

(1) It is an offence for a person who is subject to a restraining order without reasonable excuse to do anything prohibited by the restraining order.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.

(3) Subsection (1) does not apply to conduct of a person on a particular occasion if the Secretary of State certifies that, in the opinion of the Secretary of State, anything done by that person on that occasion related to—

(a) national security,

(b) the economic well-being of the United Kingdom, or

(c) the prevention or detection of serious crime,

and was done on behalf of the Crown.

(4) A certificate under subsection (3) is conclusive evidence that subsection (1) does not apply to conduct of that person on that occasion.

(5) A document purporting to be a certificate under subsection (3) is to be received in evidence and, unless the contrary is proved, to be treated as being such a certificate.

(6) A court dealing with a person for an offence under this section may vary or discharge the restraining order by a further order.

Commencement Information

I361 S. 363 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

364 Restraining orders: meaning of “conduct” and “harassment” E+W

For the purposes of this Chapter—

• “conduct” includes speech;

• “harassment”, in relation to a person, includes—

  (a)

  alarming the person, or

  (b)

  causing the person distress.

Commencement Information

I362 S. 364 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 4 E+W Parenting orders

What a parenting order is E+W

365 Parenting order E+W

(1) A parenting order under this Chapter is an order which requires the person in respect of whom it is made (“the parent”)—

(a) to comply, for a period of not more than 12 months, with requirements specified in the order, and

(b) to attend, for a concurrent period of not more than 3 months, such counselling or guidance programme as may be specified in directions given by the responsible officer (see section 372).

(2) But a parenting order need not include a requirement under subsection (1)(b) if a parenting order (whether under this Chapter or any other enactment) has been made in respect of the parent on any previous occasion.

(3) If the parenting order provides this in accordance with section 366(7), 368(5) or 369(5), a counselling or guidance programme specified under subsection (1)(b) may be or include a residential course.

Commencement Information

I363 S. 365 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Parenting order for parent or guardian of offender aged under 18 E+W

366 Parenting order where offender is under 18 E+W

(1) A parenting order under this section is available to a court by or before which an offender aged under 18 is convicted of an offence.

This is subject to section 370.

(2) Subsections (3) and (4) apply where a parenting order under this section is available.

(3) If the offender is aged under 16 at the time of conviction, the court must—

(a) make a parenting order under this section in respect of a parent or guardian of the offender if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the offender, or

(b) state in open court that it is not so satisfied, and why not.

But this does not apply if the court makes a referral order in respect of the offender.

(4) If the offender is aged 16 or 17 at the time of conviction, the court may make a parenting order under this section in respect of a parent or guardian of the offender if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the offender.

(5) Subsections (6) and (7) apply where a court makes a parenting order under this section in respect of a parent or guardian of an offender.

(6) The requirements that the court may specify in the order under section 365(1)(a) are requirements that it considers desirable in the interests of preventing the commission of any further offence by the offender.

(7) If the order contains a requirement under section 365(1)(b) and the court is satisfied that—

(a) the attendance of the parent or guardian at a residential course is likely to be more effective than that person's attendance at a non-residential course in preventing the commission of any further offence by the offender, and

(b) any interference with family life which is likely to result from the parent's or guardian's attendance at a residential course is proportionate in all the circumstances,

the court may provide in the order that a counselling or guidance programme which the parent or guardian is required to attend by virtue of the requirement may be or include a residential course.

(8) Before making a parenting order under this section in respect of a parent or guardian of an offender aged under 16, the court must obtain and consider information about—

(a) the offender's family circumstances, and

(b) the likely effect of the order on those circumstances.

(9) Where a parenting order is made under this section, the person in respect of whom it is made has the same right of appeal against it as if—

(a) that person had committed the offence mentioned in subsection (1), and

(b) the order were a sentence passed on that person for the offence.

Commencement Information

I364 S. 366 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

367 Report where court proposes both parenting order and referral order E+W

(1) This section applies if a court proposes to make both—

(a) a referral order in respect of an offender, and

(b) a parenting order under section 366 (parenting order on conviction of a person aged under 18) in respect of a parent or guardian of the offender.

(2) Before making the parenting order the court must obtain and consider a report by an appropriate officer—

(a) indicating the requirements which that officer proposes should be included in the parenting order;

(b) indicating the reasons why the officer considers that those requirements would be desirable in the interests of preventing the commission of any further offence by the offender;

(c) if the offender is aged under 16, containing the information required by section 366(8).

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

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

(b) a social worker of a local authority, or

(c) a member of a youth offending team.

Commencement Information

I365 S. 367 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

368 Parenting order where parent or guardian of offender fails to attend meetings of youth offender panel E+W

(1) A parenting order under this section is available to a youth court where—

(a) an offender has been referred to a youth offender panel (see section 83), and

(b) a parent or guardian of the offender is referred by the panel to the youth court under section 93 in respect of a failure to comply with an order under section 90 (order requiring attendance at meetings of panel).

This is subject to section 370.

(2) Where a parenting order under this section is available, the youth court may make such an order if it is satisfied that—

(a) the parent or guardian has failed without reasonable excuse to comply with the order under section 90, and

(b) the parenting order would be desirable in the interests of preventing the commission of any further offence by the offender.

(3) Subsections (4) and (5) apply where the court makes a parenting order in respect of a parent or guardian of an offender.

(4) The requirements that the court may specify under section 365(1)(a) in an order under this section are requirements that it considers desirable in the interests of preventing the commission of any further offence by the offender.

(5) If the order contains a requirement under section 365(1)(b) and the court is satisfied that—

(a) the attendance of the parent or guardian at a residential course is likely to be more effective than that person's attendance at a non-residential course in preventing the commission of any further offence by the offender, and

(b) any interference with family life which is likely to result from the parent's or guardian's attendance at a residential course is proportionate in all the circumstances,

the court may provide in the order that a counselling or guidance programme which the parent or guardian is required to attend by virtue of the requirement may be or include a residential course.

(6) Before making a parenting order under this section where the offender is aged under 16, the court must obtain and consider information about—

(a) the offender's family circumstances, and

(b) the likely effect of the order on those circumstances.

(7) Where a parenting order is made under this section, the person in respect of whom it is made may appeal against it to the Crown Court.

(8) On an appeal under subsection (7) the Crown Court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal, and

(b) may also make such incidental or consequential orders as appear to it to be just.

(9) An order of the Crown Court made on an appeal under subsection (7) is to be treated for the purposes of section 374 as having been made by the youth court.

Commencement Information

I366 S. 368 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Parenting order in case of certain offences related to school attendance E+W

369 Parenting order in respect of certain offences under Education Act 1996 E+W

(1) A parenting order under this section is available to the court by or before which an offender is convicted of an offence under—

(a) section 443 of the Education Act 1996 (failure to comply with school attendance order), or

(b) section 444 of that Act (failure to secure regular attendance at school of registered pupil).

This is subject to section 370.

(2) Where a parenting order under this section is available, the court may make such an order in respect of the offender if satisfied that the order would be desirable in the interests of preventing the commission of any further offence under section 443 or 444 of the Education Act 1996.

(3) Subsections (4) and (5) apply where a court makes a parenting order under this section.

(4) The requirements that the court may specify under section 365(1)(a) are requirements that it considers desirable in the interests of preventing the commission of any further offence under section 443 or 444 of the Education Act 1996.

(5) If the order contains a requirement under section 365(1)(b) and the court is satisfied that—

(a) the attendance of that offender at a residential course is likely to be more effective than the offender's attendance at a non-residential course in preventing the commission of any further offence under section 443 or 444 of the Education Act 1996, and

(b) any interference with family life which is likely to result from that person's attendance at a residential course is proportionate in all the circumstances,

the court may provide in the order that a counselling or guidance programme which the offender is required to attend by virtue of the requirement may be or include a residential course.

(6) Before making a parenting order under this section in a case where the offence related to a person aged under 16, the court must obtain and consider information about—

(a) that person's family circumstances, and

(b) the likely effect of the order on those circumstances.

Commencement Information

I367 S. 369 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provisions applying generally to parenting orders under Code E+W

370 Parenting order: availability E+W

A court may not make a parenting order under this Chapter in respect of a person unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the person resides or will reside (and the notice has not been withdrawn).

Commencement Information

I368 S. 370 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

371 Parenting order: references where local authority has parental responsibility E+W

Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this Chapter.

Commencement Information

I369 S. 371 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

372 Making a parenting order E+W

(1) This section applies where a court makes a parenting order under this Chapter in respect of a person (“the parent”).

(2) Requirements specified in a parenting order under this Chapter must, as far as practicable, be such as to avoid—

(a) any conflict with the parent's religious beliefs, and

(b) any interference with the times, if any, at which the parent normally works or attends an educational establishment.

(3) Before making a parenting order, a court must explain to the parent in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under section 375) if the parent fails to comply with those requirements, and

(c) that the court has power (under section 374) to review the order on the application either of the parent or of the responsible officer.

(4) The parenting order must specify the responsible officer.

(5) The responsible officer must be—

(a) an officer of a provider of probation services acting in the local justice area in which it appears to the court that the parent resides or will reside,

(b) a social worker of the local authority in whose area it appears to the court that the parent resides or will reside,

(c) a person nominated by—

(i) a person appointed as director of children's services under section 18 of the Children Act 2004, or

(ii) a person appointed as chief education officer under section 532 of the Education Act 1996, or

(d) a member of a youth offending team established by the local authority in whose area it appears to the court that the parent resides or will reside.

(6) For the purposes of this Chapter, the Inner Temple and the Middle Temple form part of the City of London.

Commencement Information

I370 S. 372 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

373 Directions by the responsible officer E+W

Directions given by a responsible officer under a parenting order under this Code must, as far as practicable, be such as to avoid—

(a) any conflict with the parent's religious beliefs, and

(b) any interference with the times, if any, at which the parent normally works or attends an educational establishment.

For this purpose, “parent” means the person in respect of whom the parenting order is made.

Commencement Information

I371 S. 373 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

374 Discharge and variation of parenting order E+W

(1) This section applies where—

(a) a parenting order made under this Chapter is in force, and

(b) an application is made under this section by—

(i) the responsible officer, or

(ii) the person in respect of whom it is made

to the court which made the order.

(2) The court may make an order—

(a) discharging the parenting order, or

(b) varying the parenting order—

(i) by cancelling any provision included in it, or

(ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that the court could include, if it were now making the order.

(3) Where an application under this section for the discharge of a parenting order is dismissed, no-one may make a further application under this section for its discharge except with the consent of the court which made the order.

Commencement Information

I372 S. 374 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

375 Offence of failure to comply with a requirement of a parenting order E+W

(1) It is an offence for a person in respect of whom a parenting order made under this Chapter is in force to fail to comply with any requirement—

(a) included in the order, or

(b) specified in directions given by the responsible officer.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I373 S. 375 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 5 E+W Binding over

376 Binding over of parent or guardian E+W

(1) This section applies where—

(a) a person aged under 18 is convicted of an offence, and

(b) a court is sentencing the offender for the offence.

(2) The court has the following powers—

(a) the court may, with the consent of the offender's parent or guardian, order the parent or guardian to enter into a recognizance to take proper care of the offender and exercise proper control over the offender, and

(b) if—

(i) the parent or guardian refuses consent, and

(ii) the court considers the refusal unreasonable,

the court may order the parent or guardian to pay a fine not exceeding £1,000.

(3) For the purposes of this section—

(a) taking “care” of a person includes giving the person protection and guidance, and

(b) “control” includes discipline.

(4) If the offender is aged under 16 when sentenced, the court must—

(a) exercise its powers under subsection (2), if satisfied, having regard to the circumstances of the case, that doing so would be desirable in the interests of preventing the offender from committing further offences, or

(b) state in open court that it is not so satisfied, and why not.

(5) Subsections (2) and (4) are subject to section 37(8) of the Mental Health Act 1983 (order under this section not to be made where hospital or guardianship order is made) and to—

(a) section 89(4)(b), and

(b) paragraph 16(2) of Schedule 4,

(restrictions on the powers of a court making or extending a referral order).

(6) If the court makes a youth rehabilitation order, a recognizance under this section may include a provision that the offender's parent or guardian ensure that the offender complies with the requirements of that order.

(7) The period of a recognizance under this section—

(a) may not be more 3 years, and

(b) must end before the offender reaches the age of 18.

(8) A recognizance under this section may not be for an amount of more than £1,000.

(9) In fixing the amount of a recognizance under this section, the court must take into account, in particular, the means of the parent or guardian so far as they appear or are known to the court (whether doing so has the effect of increasing or reducing the amount).

(10) Section 120 of the Magistrates' Courts Act 1980 (forfeiture of recognizances) applies in relation to a recognizance under this section as it applies in relation to a recognizance to keep the peace.

(11) A fine imposed under subsection (2)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(12) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this section.

Commencement Information

I374 S. 376 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

377 Binding over of parent or guardian: appeals, variations and revocations E+W

(1) A parent or guardian may appeal to the Crown Court against an order under section 376 made by a magistrates' court.

(2) A parent or guardian may appeal to the Court of Appeal against an order under section 376 made by the Crown Court as if—

(a) the parent or guardian had been convicted on indictment, and

(b) the order were a sentence passed on the conviction of the parent or guardian.

(3) A court may vary or discharge an order made by it under section 376 if, on the application of the parent or guardian, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so.

Commencement Information

I375 S. 377 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

378 Other powers of the court to bind over to keep the peace E+W

(1) For powers to bind over to keep the peace exercisable on conviction see, in particular—

(a) section 1 of the Justices of the Peace Act 1361;

(b) section 1(7) of the Justices of the Peace Act 1968.

(2) This section does not affect the exercise of those powers in other circumstances, or of other powers to bind over.

Commencement Information

I376 S. 378 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 6 E+W Other orders

[F282 378A Domestic abuse protection orders E+W

See Part 3 of the Domestic Abuse Act 2021 (and in particular section 31(3) of that Act) for the power of a court to make a domestic abuse protection order when dealing with an offender for an offence.]

Textual Amendments

F282 S. 387A inserted (27.11.2024 for E.W. until the end of the specified period on 26.11.2025) by Domestic Abuse Act 2021 (c. 17), ss. 54(3), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(2)(l) (with reg. 4)

379 Other behaviour orders etc E+W

(1) For further orders available to a court dealing with an offender for particular offences in particular circumstances, see the following—

Provision	Type of order	Type of offence
Criminal Justice and Police Act 2001
section 33	travel restriction order	sentence of imprisonment for certain drug-trafficking offences
Licensed Premises (Exclusion of Certain Persons) Act 1980
section 1	exclusion order	certain offences committed on licensed premises
Football Spectators Act 1989
section 14A(3)	banning order under Part 2	relevant offence within the meaning of that Part
Serious Crime Act 2007
section 19	serious crime prevention order	serious offence in England and Wales
Modern Slavery Act 2015
section 14	slavery and trafficking prevention order	slavery or human trafficking offence (see Schedule 1)
Psychoactive Substances Act 2016
section 19	prohibition order	offence under section 4 to 8 of that Act and related offences.
[F283 Elections Act 2022
section 30	disqualification order	Schedule 9 offence within the meaning of section 30 of that Act.]
[F284 Public Order Act 2023
section 20	serious disruption prevention order	protest-related offence within the meaning of Part 2 of that Act.]
[F285 Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
section 26	revocation of immunity under that Act	making of false statements]

(2) Part 2 of the Sexual Offences Act 2003 makes provision about notification requirements in the case of a person convicted of an offence listed in Schedule 3 to that Act (sexual offences for the purposes of that Part of that Act).

Textual Amendments

F283 Words in s. 379(1) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 10(2); S.I. 2023/1145, reg. 3(k)

F284 Words in s. 379(1) inserted (5.4.2024) by Public Order Act 2023 (c. 15), ss. 33(2), 35(5); S.I. 2024/472, reg. 2(l)

F285 Words in s. 379(1) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 13 para. 11 (with s. 61)

Commencement Information

I377 S. 379 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

FIFTH GROUP OF PARTS U.K. Sentencing: miscellaneous provision and interpretation

PART 12 E+W+S Miscellaneous provision about sentencing

CHAPTER 1 E+W Costs, fines and other financial orders where offender aged under 18

Offender aged under 18: order for payment by parent or guardian E+W

380 Order for parent or guardian to pay fine, costs, compensation or surcharge E+W

(1) Where any enactment provides that this section applies to an amount which, but for that enactment, the court would order the offender to pay, the court—

(a) must, or

(b) if the offender is aged 16 or over, may,

order that the amount is to be paid by the parent or guardian instead of by the offender himself or herself.

(2) Subsection (1) does not apply if the court is satisfied that—

(a) the parent or guardian cannot be found, or

(b) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(3) No order may be made under subsection (1) without giving the parent or guardian an opportunity of being heard.

(4) But an order under subsection (1) may be made against a parent or guardian who, having been required to attend, has failed to do so.

(5) A parent or guardian may appeal to the Crown Court against an order under subsection (1) made by a magistrates' court.

(6) A parent or guardian may appeal to the Court of Appeal against an order under subsection (1) made by the Crown Court, as if the parent or guardian had been convicted on indictment and the order were a sentence passed on the parent's or guardian's conviction.

Modifications etc. (not altering text)

C121 S. 380 applied by 2000 c. 6, Sch. 5 para. 2(3A) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 170(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I378 S. 380 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

381 Costs awarded against offender under 18: payment by parent or guardian E+W

Where—

(a) but for this section, a court would impose costs in respect of an offence on an offender, and

(b) the offender was aged under 18 when convicted of the offence,

section 380 applies to the amount of the costs awarded.

Commencement Information

I379 S. 381 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

382 Power to determine financial circumstances of offender's parent or guardian E+W

(1) For the purposes of any order under section 380, where—

(a) the parent or guardian of an offender aged under 18—

(i) has failed to comply with a financial circumstances order imposed by virtue of section 35(4), or

(ii) has otherwise failed to co-operate with the court in its inquiry into the parent's or guardian's financial circumstances, and

(b) the court considers that it has insufficient information to make a proper determination of the parent's or guardian's financial circumstances,

the court may make such determination as it thinks fit.

(2) Subsections (3) to (5) apply where a court has—

(a) made an order under section 380 in respect of a parent or guardian of an offender to pay the amount of a fine, and

(b) in fixing the amount of the fine, determined the financial circumstances of the parent or guardian under subsection (1).

(3) If on subsequently inquiring into the financial circumstances of the parent or guardian the court is satisfied that, had it had the results of that inquiry when sentencing the offender, it—

(a) would have fixed a smaller amount, or

(b) would not have fined the offender,

it may remit the whole or part of the fine.

(4) Where under subsection (3) the court remits the whole or part of the fine after a term of—

(a) imprisonment, or

(b) detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

has been fixed under section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) in respect of the amount ordered to be paid under section 380, the court must reduce the term by the corresponding proportion.

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

Commencement Information

I380 S. 382 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders other than fines: powers of Crown Court to order time for payment etc E+W

383 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation E+W

Where the Crown Court makes an order mentioned in Part 1 of Schedule 9 to the Administration of Justice Act 1970 (orders against accused for the payment of costs or compensation), the court may—

(a) allow time for the payment of the sum due under the order;

(b) direct payment of that sum by instalments of the amounts and on the dates specified in the order.

Commencement Information

I381 S. 383 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2 E+W Commencement and alteration of sentence

384 Commencement of sentence E+W

(1) A sentence imposed by a court when dealing with an offender takes effect from the beginning of the day on which it is imposed, unless the court otherwise directs.

(2) The power to give a direction under subsection (1) is subject to section 225 (restriction on consecutive sentences for released prisoners).

(3) This section is subject to—

(a) section 198 (when a youth rehabilitation order is in force);

(b) sections 237, 253, 257 and 270 (interaction of detention and training order with other sentences);

(c) section 334 (duration of criminal behaviour order);

(d) section 385(5) (alteration of Crown Court sentence);

(e) section 142(5) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc).

(4) In this section—

• “sentence” has the meaning given by section 401, but—

  (a)

  also includes a recommendation for deportation made when dealing with an offender, and

  (b)

  does not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);

• “imposed” includes made.

Commencement Information

I382 S. 384 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

385 Alteration of Crown Court sentence E+W

(1) Subsection (2) applies where the Crown Court has imposed a sentence when dealing with an offender.

(2) The Crown Court may vary or rescind the sentence at any time within the period of 56 days beginning with the day on which the sentence was imposed.

This subsection is subject to subsections (3) and (4).

(3) Subsection (2) does not apply where an appeal, or an application for leave to appeal, against that sentence has been determined.

(4) The power in subsection (2) may be exercised only by—

(a) the court constituted as it was when the sentence was imposed, or

(b) where that court comprised one or more justices of the peace, a court so constituted except for the omission of any one or more of those justices.

(5) Where a sentence is varied under this section, the sentence, as so varied, is to take effect from the beginning of the day on which it was originally imposed, unless the court directs otherwise.

This is subject to subsection (6).

(6) For the purposes of—

(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and

(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act),

the sentence is to be regarded as imposed on the day on which it is varied under this section.

(7) Criminal Procedure Rules may—

(a) provide for extending the period fixed by subsection (2) for cases where two or more persons are tried separately on the same or related facts alleged in one or more indictments;

(b) subject to the other provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by that court.

(8) In this section—

• “sentence” has the meaning given by section 401, but—

  (a)

  also includes a recommendation for deportation made when dealing with an offender, and

  (b)

  does not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);

• “imposed” includes made.

Commencement Information

I383 S. 385 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3 E+W Deportation

386 Deportation recommendations E+W

See section 6 of the Immigration Act 1971 for provision about recommendations for deportation by a court dealing with an offender for an offence punishable with imprisonment where—

(a) the offender is not a British citizen, and

(b) is aged 17 or over when convicted.

Commencement Information

I384 S. 386 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 4 E+W Assistance for prosecution etc: review of sentence

Reference back to court for review of sentence E+W

387 Failure by offender to provide agreed assistance: review of sentence E+W

(1) This section applies if—

(a) the Crown Court has passed a sentence on an offender in respect of an offence,

(b) the sentence (“the original sentence”) is a discounted sentence in consequence of the offender's having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence, and

(c) the offender knowingly fails to any extent to give assistance in accordance with the agreement.

(2) A specified prosecutor may at any time refer the case back to the Crown Court if—

(a) the offender is still serving the original sentence, and

(b) the specified prosecutor thinks it is in the interests of justice to do so.

(3) A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.

(4) If the court is satisfied that the offender knowingly failed to give the assistance it may substitute for the original sentence a sentence that is—

(a) greater than the original sentence, but

(b) not greater than the sentence which it would have passed but for the agreement mentioned in subsection (1)(b) (“the original maximum”).

(5) Subsections (6) to (9) apply where a sentence is substituted under subsection (4).

(6) Where the substitute sentence is less than the original maximum, the court must state in open court—

(a) that fact, and

(b) the original maximum.

This is subject to subsection (8).

(7) Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a substitute sentence is imposed under subsection (4) unless—

(a) the court considers that it is not in the public interest to disclose that the original sentence was a discounted sentence, or

(b) subsection (8) provides otherwise.

(8) Where the substitute sentence is less than the original maximum and the court considers that it would not be in the public interest to disclose that fact—

(a) subsection (6) does not apply;

(b) the court must give a written statement of the matters specified in subsection (6)(a) and (b) to—

(i) the prosecutor, and

(ii) the offender;

(c) section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is less than the original maximum.

(9) Any part of the original sentence which the offender has already served must be taken into account in determining when the substitute sentence has been served.

Commencement Information

I385 S. 387 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

388 Review of sentence following subsequent agreement for assistance by offender E+W

(1) A case is eligible for review under this section if—

(a) the Crown Court has passed a sentence on an offender in respect of an offence,

(b) the offender is still serving the sentence, and

(c) pursuant to a written agreement subsequently made with a specified prosecutor, the offender has assisted or offered to assist the investigator or prosecutor of any offence,

but this is subject to subsection (2).

(2) A case is not eligible for review under this section if—

(a) the sentence was discounted and the offender has not given the assistance offered in accordance with the written agreement by virtue of which it was discounted, or

(b) the offence was one for which the sentence was fixed by law and the offender did not plead guilty to it.

(3) A specified prosecutor may at any time refer a case back to the Crown Court if—

(a) the case is eligible for review under this section, and

(b) the prosecutor considers that it is in the interests of justice to do so.

(4) A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.

(5) The court may—

(a) take into account the extent and nature of the assistance given or offered;

(b) substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.

(6) Nothing in—

(a) any of the provisions listed in section 399(b) or (c) (minimum sentences in certain circumstances), or

(b) section 321 (and Schedule 21) (determination of minimum term in relation to mandatory life sentence),

affects the court's power under subsection (5).

(7) Subsections (8) to (11) apply where a sentence is substituted under subsection (5).

(8) The court must state in open court—

(a) the fact that the substitute sentence is a discounted sentence, and

(b) the original maximum.

This is subject to subsection (10).

(9) Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a sentence is imposed under subsection (5).

But this is subject to subsection (10).

(10) Where the court considers that it would not be in the public interest to disclose that the substitute sentence is a discounted sentence —

(a) subsection (7) does not apply;

(b) the court must give a written statement of the matters specified in subsection (8)(a) and (b) to—

(i) the prosecutor, and

(ii) the offender;

(c) section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is a discounted sentence.

(11) Any part of the sentence to which the referral relates which the offender has already served must be taken into account in determining when the substitute sentence has been served.

Commencement Information

I386 S. 388 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

References under this Chapter: further provision E+W

389 References under sections 387 and 388: appeals E+W

(1) Where a reference is made under section 387 or 388—

(a) the person in respect of whom the reference is made, or

(b) the specified prosecutor,

may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the decision of the Crown Court.

(2) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from the criminal division of the Court of Appeal) does not prevent an appeal to the Supreme Court under this section.

(3) In relation to any proceedings under this section, the Secretary of State may by regulations make provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

(4) Regulations under this section are subject to the negative resolution procedure.

Commencement Information

I387 S. 389 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

390 Proceedings under section 387 or 388: exclusion of public E+W

(1) This section applies to—

(a) any proceedings relating to a reference made under section 387 or 388, and

(b) any other proceedings arising in consequence of such proceedings.

(2) The court in which the proceedings will be or are being heard may make such order as it considers appropriate—

(a) to exclude from the proceedings any person who does not fall within subsection (4);

(b) to prohibit the publication of any matter relating to the proceedings (including the fact that the reference has been made).

(3) The court may make an order under subsection (2) only if the court considers that the order is—

(a) necessary to protect the safety of any person, and

(b) in the interests of justice.

(4) The following persons fall within this subsection—

(a) a member or officer of the court;

(b) a party to the proceedings;

(c) counsel or a solicitor for a party to the proceedings;

(d) a person otherwise directly concerned with the proceedings.

(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a) to exclude any person from proceedings, or

(b) to restrict the publication of any matter relating to proceedings.

Commencement Information

I388 S. 390 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F286 391 Proceedings under section 387 or 388: use of live link E+W

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

Textual Amendments

F286 S. 391 omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 8

392 Interpretation of Chapter E+W

(1) This section applies for the purposes of this Chapter.

(2) A discounted sentence is a sentence passed in pursuance of—

(a) section 74, or

(b) section 388.

(3) References—

(a) to a written agreement are to an agreement made in writing with a specified prosecutor;

(b) to a specified prosecutor are to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).

Commencement Information

I389 S. 392 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 5 E+W Recognizances

393 Power of magistrates' court to dispense with recognizance E+W

(1) This section applies where under an enactment, whether passed before or after the commencement of this Act, an offender sentenced on summary conviction to imprisonment or a fine is required to enter into a recognizance with or without sureties to—

(a) keep the peace, or

(b) observe any other condition.

(2) The magistrates' court which convicted the offender may dispense with or modify the requirement.

(3) In subsection (1) “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

Commencement Information

I390 S. 393 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 6 E+W Orders imposing community requirements

394 Rules relating to community orders and suspended sentence orders etc E+W

(1) The Secretary of State may make rules for regulating—

(a) the supervision of persons who are subject to community orders or suspended sentence orders,

(b) without prejudice to the generality of paragraph (a), the functions of responsible officers within the meaning of section 213 or 299 in relation to offenders subject to community orders or suspended sentence orders,

(c) the arrangements to be made by providers of probation services for—

(i) persons subject to unpaid work requirements of such orders to perform work, and

(ii) the performance of such work,

(d) the provision and carrying on of attendance centres,

(e) the attendance of persons subject to—

(i) rehabilitation activity requirements,

(ii) attendance centre requirements, or

(iii) attendance centre requirements imposed by youth rehabilitation orders,

at the places at which they are required to attend, including hours of attendance, reckoning days of attendance and the keeping of attendance records,

(f) electronic monitoring in pursuance of an electronic monitoring requirement of a community order or a suspended sentence order, and

(g) without prejudice to the generality of paragraph (f), the functions of persons made responsible for securing electronic monitoring in pursuance of such a requirement.

(2) Rules under subsection (1)(c) may, in particular, make provision—

(a) limiting the number of hours of work to be done by a person on any one day,

(b) as to the reckoning of hours worked and the keeping of work records, and

(c) for the payment of travelling and other expenses in connection with the performance of work.

(3) Rules under this section are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C122 S. 394 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C123 S. 394 extended (with modifications) by 2003 c. 44, Sch. 19A para. 5 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C124 S. 394 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C125 S. 394 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C126 S. 394 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I391 S. 394 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

395 Data from electronic monitoring: code of practice E+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[F287 —

(a) electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and

(b)] electronic monitoring requirements imposed by community orders and suspended sentence 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.

Textual Amendments

F287 Words in s. 395(1) inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 9; S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Modifications etc. (not altering text)

C127 S. 395 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C128 S. 395 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C129 S. 395 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I392 S. 395 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F288 395A Community and suspended sentence orders qualifying for special procedures E+W

(1) A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order—

(a) is of a description specified in regulations for the purposes of that provision, and

(b) is made within a period, or after a time, so specified.

(2) In subsection (1) “relevant provision” means—

(a) section 217A;

(b) section 293A;

(c) paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10;

(d) paragraph 13(1)(da) of Schedule 16.

(3) A description specified under subsection (1)(a) may, among other things, be framed by reference to—

(a) the courts by which the orders are made (for example, courts sitting in particular places or areas);

(b) the persons who are subject to the orders (for example, persons of a particular sex);

(c) the offences to which the orders relate.

(4) Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force.

(5) Regulations under this section are to be made by the Secretary of State.

(6) Regulations under this section are subject to—

(a) the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and

(b) the affirmative resolution procedure, in any other case.]

Textual Amendments

F288 S. 395A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 2

CHAPTER 7 E+W+S Warrants

396 Execution of process between England and Wales and Scotland E+W+S

Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under any of the following provisions as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court—

• section 6(4) (effect of deferment order);

• section 9(2) (failure to comply with deferment requirement);

• section 10(3) (conviction of offence during period of deferment);

• paragraph 3(2) of Schedule 2 (order for conditional discharge: commission of further offence);

• paragraph 3(2) of Schedule 4 (referral order: further court proceedings);

• paragraph 6(3) of Schedule 5 (breach, revocation and amendment of reparation order);

• paragraph 8(2) or (4), 14(4) or 24(4) of Schedule 10 (breach, revocation or amendment of community order);

• paragraph 24(2) of Schedule 11 (transfer of community orders to Scotland or Northern Ireland);

• paragraph 2(2) of Schedule 12 (detention and training order: breach of supervision requirements and further offences);

• paragraph 8(2) or (4), 20(2) or 25(6) of Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction).

Commencement Information

I393 S. 396 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 13 E+W Interpretation

397 Interpretation: general E+W

(1) In this Code, except where the contrary intention appears—

• “accommodation provided by or on behalf of a local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act);

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

• “associated”, in relation to offences, is to be read in accordance with section 400;

• “attendance centre” has the meaning given by section 221 of the Criminal Justice Act 2003;

• “community order” means an order under section 200;

• “community order requirement” is to be read in accordance with section 200(2);

• “community requirement”, in relation to a suspended sentence order, has the meaning given by section 286(7);

• “community sentence” means a sentence which consists of or includes—

  (a)

  a community order, or

  (b)

  a youth rehabilitation order;

• “compensation order” has the meaning given by section 133;

• “court” does not include a service court;

• “criminal behaviour order” has the meaning given by section 330;

• “criminal courts charge order” has the meaning given by section 46(3);

• “custodial sentence” has the meaning given by section 222;

• “detention and training order” has the meaning given by section 233;

• “electronic compliance monitoring requirement” has the meaning given by paragraph 29 of Schedule 9;

• “electronic monitoring requirement”, in relation to a community order or suspended sentence order, means—

  (a)

  an electronic compliance monitoring requirement, or

  (b)

  an electronic whereabouts monitoring requirement;

• “electronic whereabouts monitoring requirement” has the meaning given by paragraph 30 of Schedule 9;

• “end date”, in relation to a community order, means the date for the time being specified in the order under—

  (a)

  section 209 (community order to specify end date),

  (b)

  paragraph 13(1)(b) of Schedule 10 (power to substitute later end date on breach), or

  (c)

  paragraph 20(1) of that Schedule (power to amend order to substitute later end date);

• “extended sentence” means a sentence under—

  (a)

  section 254 (extended custodial sentence for persons aged under 18),

  (b)

  section 266 (extended sentence of detention in a young offender institution for adults aged under 21), or

  (c)

  section 279 (extended sentence of imprisonment);

• “guardian” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act);

• “home local justice area” means—

  (a)

  in relation to a community order, the local justice area specified in the order under section 210 or paragraph 16 or 17 of Schedule 10;

  (b)

  in relation to a suspended sentence order which imposes one or more community requirements, the local justice area specified in the order under section 296 or paragraph 23 or 24 of Schedule 16;

• “imprisonable offence” means an offence that is punishable with imprisonment in a court (even if the offence in question is not so punishable by the court dealing with the offender for it);

• “local authority foster parent” has the same meaning as in the Children Act 1989 (see section 105(1) of that Act);

• “order for absolute discharge” has the meaning given by section 79;

• “order for conditional discharge” has the meaning given by section 80;

• “place of safety” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act);

• “pre-sentence report” has the meaning given by section 31;

• “probation trust” means a trust established under section 5 of the Offender Management Act 2007;

• “referral order” has the meaning given by section 83;

• “relevant order” means—

  (a)

  a community order, or

  (b)

  a suspended sentence order which imposes one or more community requirements;

• “reparation order” has the meaning given by section 109(1);

• “the responsible officer”—

  (a)

  in relation to a community order, has the meaning given by section 213;

  (b)

  in relation to a suspended sentence order which imposes one or more community requirements, has the meaning given by section 299;

• “restraining order” has the meaning given by section 359;

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

  (a)

  in default of payment of any sum of money,

  (b)

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

  (c)

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

  and references to sentencing an offender to imprisonment are to be read accordingly;

• “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;

• [F289 “serious terrorism sentence” means a sentence under—

  (a)

  section 268A (serious terrorism sentence of detention in young offender institution for adults aged under 21), or

  (b)

  section 282A (serious terrorism sentence of imprisonment);]

• “service court” means—

  (a)

  the Court Martial,

  (b)

  the Summary Appeal Court,

  (c)

  the Service Civilian Court,

  (d)

  the Court Martial Appeal Court, or

  (e)

  the Supreme Court on an appeal from the Court Martial Appeal Court;

• “sexual harm prevention order” has the meaning given by section 343(1);

• “specified offence” has the meaning given by section 306;

• “suspended sentence” and “suspended sentence order” have the meanings given by section 286(6);

• “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998;

• “youth rehabilitation order” has the meaning given by section 173;

• “youth rehabilitation order with fostering” has the meaning given by section 176;

• “youth rehabilitation order with intensive supervision and surveillance” has the meaning given by section 175.

(2) Any reference in this Code to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

(3) A reference in this Code to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (within the meaning given by 50(3) of Schedule 12 to that Act).

(4) A reference in this Code to an offender who is subject to a detention and training order being released for supervision is to be read in accordance with section 248(5).

[F290 (5) For the purposes of this Code, proceedings are instituted when they are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 (see section 15(2) of that Act).]

Textual Amendments

F289 Words in s. 397(1) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(17)

F290 S. 397(5) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 3

Modifications etc. (not altering text)

C130 S. 397(1) applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I394 S. 397 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

398 Ancillary and inchoate offences E+W

(1) Nothing in this Code is to be taken to affect the operation of the following (liability as an accessory)—

(a) section 8 of the Accessories and Abettors Act 1861, or

(b) section 44 of the Magistrates' Courts Act 1980.

(2) Accordingly, any reference in this Act to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission of that offence.

(3) In this Code, “inchoate offence” in relation to an offence, means—

(a) an attempt to commit the offence,

(b) conspiracy to commit the offence,

(c) an offence under Part 2 of the Serious Crime Act 2007 related to the offence, or

(d) incitement to commit the offence,

but this is subject to subsection (4).

(4) Paragraph (d) of subsection (3) does not apply for the purposes of—

(a) section 67 (assaults on emergency workers);

(b) Schedule 13 (special sentence for offenders of particular concern: offences).

But paragraph (b) is not to be taken to affect the operation of paragraph [F291 8 or 12] of Schedule 13 (abolished offences).

(5) For the purposes of this Code, an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.

Textual Amendments

F291 Words in s. 398(4) substituted (30.4.2021 except as it has effect for the purposes of Sch. 13 as it is applied by 2006 c. 52, s. 224A) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i)(3)(i), Sch. 13 para. 12(1) (with Sch. 13 para. 12(2))

Commencement Information

I395 S. 398 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

399 Mandatory sentences E+W

For the purposes of this Code, where a court is dealing with an offender for an offence, a mandatory sentence requirement applies in relation to the offence if—

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

(b) the court is obliged by one of the following provisions to pass a sentence of detention for life, custody for life or imprisonment for life—

(i) section [F292 258, 258A, 274, 274A, 285 or 285A] (life sentence for certain F293 ... offenders);

(ii) section 273 or 283 (life sentence for second listed offence),

[F294 (ba) the court is obliged by section 268B or 282B to impose a serious terrorism sentence,] or

(c) a sentence is required by one of the following provisions and the court is not of the opinion mentioned in that provision—

(i) section 311(2) (minimum sentence for certain offences involving firearms that are prohibited weapons);

(ii) section 312(2) [F295 or (2A)] (minimum sentence for offence of threatening with weapon or bladed article);

(iii) section 313(2) [F296 or (2A)] (minimum sentence of 7 years for third class A drug trafficking offence);

(iv) section 314(2) [F297 or (2A)] (minimum sentence of 3 years for third domestic burglary);

(v) section 315(2) [F298 or (2A)] (minimum sentence for repeat offence involving weapon [F299 or corrosive substance] or bladed article).

Textual Amendments

F292 Words in s. 399(b)(i) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(13)(a), 208(5)(b)

F293 Word in s. 399(b)(i) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(13)(b), 208(5)(b)

F294 S. 399(ba) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(18)

F295 Words in s. 399(c)(ii) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(a), 208(5)(k)

F296 Words in s. 399(c)(iii) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(b), 208(5)(k)

F297 Words in s. 399(c)(iv) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(c), 208(5)(k)

F298 Words in s. 399(c)(v) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(d), 208(5)(k)

F299 Words in s. 399(c)(v) inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 83(c) (with Sch. 27); S.I. 2022/415, reg. 2

Commencement Information

I396 S. 399 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

400 Meaning of “associated offence” E+W

For the purposes of this Code, an offence is associated with another if—

(a) the offender—

(i) is convicted of it in the proceedings in which the offender is convicted of the other offence, or

(ii) (although convicted of it in earlier proceedings) is sentenced for it at the same time as being sentenced for that offence, or

(b) in the proceedings in which the offender is sentenced for the other offence, the offender—

(i) admits having committed it, and

(ii) asks the court to take it into consideration in sentencing for that other offence.

Modifications etc. (not altering text)

C131 S. 400 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I397 S. 400 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

401 Meaning of “sentence” E+W

In this Code, except where otherwise provided, “sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of the offence, and “sentencing” is to be construed accordingly.

Commencement Information

I398 S. 401 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

402 Powers to re-sentence E+W

(1) Where under this Code a court has power to re-sentence an offender for an offence, the court may deal with the offender in any way in which it could deal with the offender—

(a) if the offender had just been convicted by or before it of the offence, and

(b) in a case where the offender was aged under 18 when in fact convicted of the offence, as if the offender were the same age as when in fact convicted.

(2) But where under this Code the Crown Court has power to re-sentence an offender for an offence and subsection (3) applies, the power of the Crown Court is power to deal with the offender in any way in which a magistrates' court could deal with the offender for the offence if—

(a) the offender had just been convicted by the magistrates' court of the offence, and

(b) in a case where the offender was aged under 18 when in fact convicted of the offence, the offender were the same age as when in fact convicted.

(3) This subsection applies where—

(a) the Crown Court's power to re-sentence the offender for the offence is exercisable—

(i) where the Crown Court revokes another order previously made in respect of the offence, or

(ii) where an order for conditional discharge has previously been made in respect of the offence, by virtue of a further offence committed during the period of conditional discharge, and

(b) the previous order was made—

(i) by a magistrates' court, or

(ii) by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates' court on convicting the offender of the offence.

Commencement Information

I399 S. 402 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

403 References to “local authority” E+W

(1) In this Code, any reference to a local authority in relation to—

(a) accommodation provided by or on behalf of a local authority (including any reference to a local authority which is to receive a person aged under 18),

(b) placing a person aged under 18 with a local authority foster parent, or

(c) an order made under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge) against a local authority,

has the same meaning as in the Children Act 1989 (see section 105 of that Act).

(2) In this Code, in relation to a youth offending team—

(a) any reference to a local authority has the same meaning as in Part 3 of the Crime and Disorder Act 1998 (see section 42 of that Act), and

(b) any reference to the area of that local authority is to be read in accordance with section 42(2) of that Act.

Modifications etc. (not altering text)

C132 Ss. 403-405 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I400 S. 403 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

404 References to parent or guardian of offender where local authority has parental responsibility E+W

(1) This section applies where an offender for whom a local authority has parental responsibility is—

(a) in the care of the local authority, or

(b) provided with accommodation by the local authority in the exercise of any social services functions of the authority.

(2) Any reference in this Code to the offender's parent or guardian is to be read as a reference to that authority.

(3) This does not apply in paragraphs 27 and 39 of Schedule 6 (fostering and education requirements of youth rehabilitation orders) and is subject to express provision to the contrary.

(4) In this section—

• “local authority” has the same meaning as it has in the Children Act 1989;

• “parental responsibility” has the same meaning as it has in that Act (see section 3 of that Act);

• “social services functions”—

  (a)

  in relation to a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 (see section 1A of that Act);

  (b)

  in relation to a local authority in Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 143 of that Act).

Modifications etc. (not altering text)

C132 Ss. 403-405 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I401 S. 404 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

405 Age of the offender E+W

(1) This section applies for the purposes of any provision of this Code which requires a person's age to be determined by the court or the Secretary of State.

(2) The person is to be deemed to be whatever age the person appears to the court, or, as the case may be, the Secretary of State, to be.

(3) For this purpose, the court or Secretary of State must consider any available evidence.

Modifications etc. (not altering text)

C132 Ss. 403-405 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I402 S. 405 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

406 Offender reaching 18 during proceedings E+W

Nothing in this Code affects section 29 of the Children and Young Persons Act 1963 (power of a court, where an offender reaches 18 during proceedings for an offence, to deal with the offender as if still under 18).

Commencement Information

I403 S. 406 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

SIXTH GROUP OF PARTS U.K. Supplementary

PART 14 U.K. Supplementary provision

407 Regulations and rules E+W+N.I.

(1) This section applies to—

(a) any power conferred by this Act on the Secretary of State to make regulations or rules;

(b) any power conferred by—

(i) sections 44 to 50 (criminal courts charge),

F300 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(iii) paragraph 19 of Schedule 23 (power to amend minimum term of mandatory life sentence for murder),

on the Lord Chancellor to make regulations.

(2) The power is exercisable by statutory instrument.

(3) Subsections (4) to (6) apply except where otherwise provided.

(4) The power includes power to make supplementary, incidental or consequential provision.

(5) The power also includes power to make transitory, transitional or saving provision.

(6) The power may be exercised so as to make different provision—

(a) for different purposes, or

(b) for different areas.

(7) Where regulations under this Act are subject to the “affirmative resolution procedure”, the regulations must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

(8) Where regulations or rules under this Act are subject to the “negative resolution procedure” the statutory instrument containing the regulations or rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(9) Provision that may be made by regulations under this Act for which no Parliamentary procedure is required may be included in regulations that are subject to the negative or affirmative resolution procedure.

(10) Provision that may be made by regulations under this Act that are subject to the negative resolution procedure may be included in regulations that are subject to the affirmative resolution procedure.

Textual Amendments

F300 S. 407(1)(b)(ii) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(b)(i), 208(1); S.I. 2022/520, reg. 5(m)

Commencement Information

I404 S. 407 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

408 Amendments of the Sentencing Code etc E+W

Schedule 22 contains amendments of the Sentencing Code and certain related amendments of other Acts.

See section 417 for provision about when they come into force.

Commencement Information

I405 S. 408 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

409 Powers to amend the Sentencing Code E+W

(1) Schedule 23 contains powers to amend the Sentencing Code.

(2) Provision that may be made in exercise of a power in Schedule 23 includes provision in respect of an offence (whenever committed) of which a person is convicted after the regulations come into force.

This is subject to express provision to the contrary.

Commencement Information

I406 S. 409 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

410 Consequential amendments E+W

Schedule 24 contains consequential amendments.

Commencement Information

I407 S. 410 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

411 Armed forces E+W

(1) Schedule 25 contains consequential amendments of the Armed Forces Act 2006.

(2) Schedule 26 contains further amendments of provisions of the Armed Forces Act 2006 that apply provisions of this Code or otherwise relate to sentencing.

See section 418 for provision about when those amendments come into force.

Commencement Information

I408 S. 411 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

412 Transitional provisions and savings E+W

Schedule 27 contains transitional provisions and savings.

Commencement Information

I409 S. 412 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

413 Repeals and revocations E+W

(1) The provisions specified in Schedule 28 (which include provisions that are spent) are repealed or revoked to the extent specified.

(2) The provisions specified in Schedule 29 are repealed or revoked so far as they extend to England and Wales only.

(3) Subsections (1) and (2) are subject to the following provisions of this section.

Standard scale and powers to amend fines etc

(4) Nothing in this section or Schedule 28 or 29 affects any provision of—

(a) section 37 of the Criminal Justice Act 1982 (standard scale),

(b) section 17 of the Criminal Justice Act 1991 (amendments of standard scale), or

(c) section 143 of the Magistrates' Courts Act 1980 (amendments of fines etc),

so far as it has been, or is capable of being, extended under section 81(11) of the Criminal Justice Act 1982 (as extended by section 102(7) of the Criminal Justice Act 1991) (power to extend certain provisions to Channel Islands or Isle of Man by Order in Council).

Life sentence for second serious offence committed before 4 April 2005

(5) Nothing in Schedule 28 affects—

(a) section 109 of the Powers of Criminal Courts Sentencing Act 2000 (life sentence for second serious offence), as it has effect by virtue of paragraph 5(2) of Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), or

(b) any other provision so far as it continues to have effect, by virtue of paragraph 6 of Schedule 2 to that order, in a case in which a court is dealing with a person whose sentence falls to be imposed under that section.

Commencement Information

I410 S. 413 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

414 Extent U.K.

(1) Subject to the following provisions of this section and to section 415, the provisions of this Act extend to England and Wales only.

(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 219 and Schedule 11 (transfer of community orders to Scotland or Northern Ireland);

(b) section 304 and Schedule 17 (transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements);

(c) section 349(2) (effect of making sexual harm prevention order where order already exists);

(d) this section and sections 416 to 420;

(e) paragraph 18 of Schedule 16 (duty of court in Scotland or Northern Ireland when informed of suspended sentence).

(3) The following provisions extend to England and Wales and Northern Ireland—

(a) section 196 and Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland);

(b) section 351 (variation of sexual harm prevention order by court in Northern Ireland);

(c) section 407 (regulations and rules);

(d) paragraph 12 of Schedule 23 (power to amend Schedule 8 in consequence of changes to the law in Northern Ireland).

(4) The following provisions extend to England and Wales and Scotland—

(a) sections 38, 40 and 41 (effect of derogatory assertion orders);

(b) section 82 (effect of order for absolute discharge and order for conditional discharge);

(c) section 396 (execution of process between England and Wales and Scotland).

(5) Any amendment, repeal or revocation made by—

(a) Schedule 22 (amendments of the Sentencing Code and related amendments of other legislation),

(b) Schedule 24 (consequential amendments),

(c) Schedule 25 (amendments of the Armed Forces Act 2006),

(d) Schedule 26 (further amendments of the Armed Forces Act 2006), or

(e) Schedule 28 (repeals and revocations),

has the same extent in the United Kingdom as the provision to which it relates.

(6) Nothing in subsections (1) to (4) affects the extent within the United Kingdom of—

(a) any provision of or made under this Act so far as it is applied (by whatever words) [F301 by or under the Armed Forces Act 2006], or

(b) the repeal by this Act of any provision so far as that provision is applied (by whatever words) [F302 by or under the Armed Forces Act 2006].

Textual Amendments

F301 Words in s. 414(6)(a) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 6

F302 Words in s. 414(6)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 6

Commencement Information

I411 S. 414 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

415 Channel Islands, Isle of Man and British overseas territories E+W

(1) Her Majesty may by Order in Council extend any relevant provision, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2) In subsection (1) “relevant provision”, in relation to any of the Channel Islands or the Isle of Man, means any provision of this Act so far as it restates a provision that, immediately before the commencement date, is capable of being extended there under section 338 of the Criminal Justice Act 2003 (certain provisions of that Act as enacted or subsequently amended by certain other Acts).

(3) An Order in Council under subsection (1) may—

(a) make supplementary, incidental or consequential provision;

(b) make transitory, transitional or saving provision.

(4) The armed forces provisions extend to—

(a) the Isle of Man, and

(b) the British overseas territories except Gibraltar.

(5) The powers conferred by section 384 of the Armed Forces Act 2006 (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in relation to the Channel Islands, British overseas territories except Gibraltar, and the Isle of Man) are exercisable in relation to any armed forces provision.

(6) In subsections (4) and (5) “armed forces provision” means—

(a) a provision of or made under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006,

(b) an amendment, modification or repeal made by this Act of a provision of, or made under, the Armed Forces Act 2006, or

(c) an amendment, modification or repeal made by this Act of any other provision, so far as the provision is applied (by whatever words) by or under the Armed Forces Act 2006.

[F303 (7) In subsection (6) references to this Act include this Act as amended by the Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520).]

Textual Amendments

F303 S. 415(7) inserted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 17(5), 24(2)(a)

Modifications etc. (not altering text)

C133 S. 415: power extended (11.7.2023) by National Security Act 2023 (c. 32), ss. 99(7), 100(2) (with s. 97)

Commencement Information

I412 S. 415 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

416 Commencement U.K.

(1) This Act comes into force on [F304 1 December 2020] (referred to in this Act as “the commencement date”).

(2) Subsections (4) to (6) of section 407 do not apply to the power conferred by subsection (1).

(3) The Sentencing Code has effect in accordance with section 2.

(4) Subsection (1) is subject to—

(a) section 417 (commencement of amendments of the Code and certain consequential amendments of other Acts),

(b) section 418 (commencement of certain amendments of the Armed Forces Act 2006),

(c) subsection (5), and

(d) subsection (9) (commencement of repeal postponed until repeal of connected provisions comes into force).

(5) Regulations under this Act may be made before [F305 1 December 2020], but may not—

(a) come into force before that date, or

(b) bring a provision into force before that date.

(6) An amendment, repeal or revocation made by Schedule 24 (consequential amendments) has effect in accordance with Part 7 of that Schedule.

(7) An amendment, repeal or revocation made by Schedule 25 (armed forces) or Schedule 28 or 29 (repeals and revocations), so far as it has effect—

(a) in relation to dealing with a person for an offence, or

(b) in relation to a sentence passed for an offence,

has effect only where the person is convicted of the offence on or after [F306 1 December 2020].

(8) But subsection (7) does not apply to the repeal by Schedule 28 of the following provisions—

(a) paragraphs 6, 36, 37, 47, 85, 86, 88, 123(2), 136, 186(2), 197(b), 200 and 205 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000;

(b) paragraphs 21(3), 26 and 64(6) of Schedule 32 to the Criminal Justice Act 2003;

(c) paragraph 100 of Schedule 4 to the Criminal Justice and Immigration Act 2008.

(9) The repeal in Schedule 28 relating to the Powers of Criminal Courts (Sentencing) Act 2000, so far as it relates to section 159 of that Act (execution of process between England and Wales and Scotland) as it applies to process issued under Schedule 5 to that Act (breach of attendance centre order), comes into force at the same time as the repeal of that Schedule by section 6(1) of the Criminal Justice and Immigration Act 2008.

Textual Amendments

F304 Words in s. 416(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(5)(a)

F305 Words in s. 416(5) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(5)(b)

F306 Words in s. 416(7) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(5)(c)

Commencement Information

I413 S. 416 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

417 Commencement of Schedule 22 U.K.

(1) Schedule 22 comes into force in accordance with regulations made by the Secretary of State, subject to the following.

Abolition of detention in a young offender institution and custody for life

(2) Paragraphs 65 and 68 come into force at the same time as paragraph 44.

(3) The following provisions come into force at the same time as section 61 of the Criminal Justice and Courts Services Act 2000 (abolition of sentences of detention in a young offender institution)—

(a) paragraphs 36 to [F307 38B], 40, [F308 40A] 41, 45 and 46;

(b) paragraph 47(b);

(c) paragraphs 51 [F309 , 51A] and 52;

(d) paragraph 53, so far as it relates to sections 264, 265, 266 to [F310 268C], 273 [F311 , 274 and 274A];

(e) paragraphs 54 to 64;

(f) paragraphs [F312 68A,] 69, 70, 72 to 75, 77 and 78;

(g) Part 8 of Schedule 22 (amendments of other Acts that are consequential on paragraph (d)).

This is subject to subsection (4).

(4) If before [F313 1 December 2020] an order has been made under section 80(1) of the Criminal Justice and Court Services Act 2000 in relation to section 61 of that Act, the provisions of Schedule 22 mentioned in subsection (3)—

(a) come into force on the commencement date or, if later, the date on which section 61 of the Criminal Justice and Court Services Act 2000 comes into force, and

(b) so far as they apply—

(i) in relation to dealing with a person for an offence, or

(ii) in relation to a sentence passed for an offence,

have effect only where the person is convicted of the offence on or after the commencement date.

Paragraph (b) is subject to section 1 of the Sentencing (Pre-consolidation Amendments) Act 2020 (read with any provision that may be made under it).

Other provisions of Schedule 22

(5) Paragraph 11 (consequences for imposition of youth rehabilitation order of failure to comply with pre-sentence drug testing order) comes into force at the same time as paragraph 1 (pre-sentence drug testing).

(6) Paragraphs 21 and 22 (provisions applicable only where community order can be made in respect of offence not punishable with imprisonment) come into force at the same time as paragraph 13 (community order available for offence not punishable with imprisonment in case of wilful and persistent offender).

(7) Paragraph 28 (repeal of temporary provision resulting from paragraph 27) comes into force 2 years after paragraph 27 (detention and training orders: offenders aged under 12), and has effect only in relation to an offence of which the offender is convicted after paragraph 28 comes into force.

F314 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Part 6 of Schedule 22 (which makes amendments in consequence of the United Kingdom's withdrawal from the EU) comes into force on IP completion day F315 ....

Textual Amendments

F307 Word in s. 417(3)(a) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(19)(a)

F308 Word in s. 417(3)(a) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(a), 208(4)(q)

F309 Word in s. 417(3)(c) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(26)

F310 Word in s. 417(3)(d) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(19)(b)

F311 Words in s. 417(3)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(14), 208(5)(b)

F312 Word in s. 417(3)(f) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(19)(c)

F313 Words in s. 417(4) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(6)(a)

F314 S. 417(8) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(b)(ii), 208(1); S.I. 2022/520, reg. 5(l)

F315 Words in s. 417(9) omitted (1.12.2020) by virtue of The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(6)(b)

Commencement Information

I414 S. 417 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

418 Commencement of Schedule 26 U.K.

(1) Schedule 26 (further amendments of the Armed Forces Act 2006) comes into force as follows.

(2) Paragraphs 2(a), 3(a), 4(a), 5(a), [F316 6 to 11, 12(1)(a) to (d), (dc) to (f) and (2)(a), 13, 14(a) and (b) to (d), 15 and 16 to 23] and 24(c) (and paragraph 1 so far as it relates to them) come into force at the same time as section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution).

(3) Subsection (4) of section 417 applies to the provisions of Schedule 26 mentioned in subsection (2) as it applies to the provisions of Schedule 22 mentioned in subsection (3) of that section.

(4) Paragraphs 2(b), 3(b), 4(b), 5(b) and 24(a) and 24(b) (and paragraph 1 so far as it relates to them) come into force at the same time as paragraph 24 of Schedule 22 (increase in magistrates' court's power to impose imprisonment etc).

[F317 (4A) Paragraphs 12(1)(da) and (db) and (2)(b), 14(aa) and (ab), 15A, 15B and 26 (and paragraph 1 so far as it relates to them) come into force on IP completion day, or, if later, on the commencement date.]

(5) Paragraph 25 (and paragraph 1 so far as it relates to it) comes into force at the same time as section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences), but only in relation to offences committed after that time.

Textual Amendments

F316 Words in s. 418(2) substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 4(2)

F317 S. 418(4A) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 4(3)

Commencement Information

I415 S. 418 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

419 Power to state effect of commencement provisions U.K.

(1) The Secretary of State may, in connection with the coming into force of an amendment or repeal made by Schedule 22 or under Schedule 23, by regulations amend this Act to secure that—

(a) the Act specifies the purposes for which, or the cases in which, the amendment or repeal has effect;

(b) so far as practicable, any provision of the Act which, as a result of the amendment or repeal, is to continue to have effect only for particular purposes or in particular cases remains in place instead of having effect by virtue of transitional, transitory or saving provision.

(2) The regulations may make consequential amendments to any enactment.

(3) Subsections (4) and (5) of section 104 of the Deregulation Act 2015 (restrictions on power to spell out dates described in legislation) apply to regulations under this section as they apply to an order under that section.

(4) Subsections (4) and (6) of section 407 do not apply to the power conferred by this section.

(5) In this section “enactment” includes an enactment contained in subordinate legislation.

Modifications etc. (not altering text)

C134 S. 419(1) power extended (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 47, 50(1)(h)

C135 S. 419(1) power extended (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 206, 208(4)(ac)

Commencement Information

I416 S. 419 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

420 Short title U.K.

This Act may be cited as the Sentencing Act 2020.

Commencement Information

I417 S. 420 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

SCHEDULES

Section 69

[F318 SCHEDULE A1 U.K. Offences where terrorist connection not required to be considered

Textual Amendments

F318 Sch. A1 inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(a)(3)(a), Sch. 1 Pt. 1

Terrorism Act 2000 U.K.

1 U.K. An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed organisation);

(c) section 15 (fund-raising);

(d) section 16 (use of money or property for terrorist purposes);

(e) section 17 (involvement in terrorist funding arrangements);

(f) section 17A (insuring payments made in response to terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of terrorism);

(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);

(l) section 54 (weapons training);

(m) section 56 (directing a terrorist organisation);

(n) section 57 (possession of article for terrorist purposes);

(o) section 58 (collection of information likely to be of use to a terrorist);

(p) section 58A (publishing information about members of the armed forces etc);

(q) section 58B (entering or remaining in a designated area);

(r) section 59 (inciting terrorism overseas).

Anti-terrorism, Crime and Security Act 2001 U.K.

2 U.K. An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

Terrorism Act 2006 U.K.

3 U.K. An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices etc).

Counter-Terrorism Act 2008 U.K.

4 U.K. An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

Terrorism Prevention and Investigation Measures 2011 U.K.

5 U.K. An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

Counter-Terrorism and Security Act 2015 U.K.

6 U.K. An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

Inchoate offences U.K.

7 U.K. An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.]

Section 69

SCHEDULE 1 E+W Offences [F319 committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 ] where terrorist connection to be considered

Textual Amendments

F319 Words in Sch. 1 heading inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v)(3)(h), Sch. 13 para. 6(3)(a)

Common law offences E+W

1 E+W Murder.

Commencement Information

I418 Sch. 1 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W Manslaughter.

Commencement Information

I419 Sch. 1 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W Kidnapping.

Commencement Information

I420 Sch. 1 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Statutory offences E+W

4 E+W An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent);

(c) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(d) section 28 (causing bodily injury by explosives);

(e) section 29 (using explosives etc with intent to do grievous bodily harm);

(f) section 30 (placing explosives with intent to do bodily injury);

(g) section 64 (making or having gunpowder etc with intent to commit or enable any person to commit any felony mentioned in the Act).

Commencement Information

I421 Sch. 1 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances);

(d) section 5 (punishment of accessories).

Commencement Information

I422 Sch. 1 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of certain biological agents and toxins and of biological weapons).

Commencement Information

I423 Sch. 1 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 E+W An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Commencement Information

I424 Sch. 1 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 E+W An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 4 (offences in relation to certain dangerous articles);

(e) section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the United Kingdom).

Commencement Information

I425 Sch. 1 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 E+W An offence under any of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction);

(c) section 2 (offences involving preparatory acts and threats)F320 ....

Textual Amendments

F320 Words in Sch. 1 para. 9(c) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 6(3)(b)

Commencement Information

I426 Sch. 1 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 14(4) (inducing or assisting the commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act.

Commencement Information

I427 Sch. 1 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 E+W An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences against the safety of channel tunnel trains and the tunnel system).

Commencement Information

I428 Sch. 1 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment for producing chemical weapons).

Commencement Information

I429 Sch. 1 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 E+W An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 114 (hoaxes involving noxious substances or things).

Commencement Information

I430 Sch. 1 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Ancillary offences E+W

14 E+W An inchoate offence in relation to an offence specified in paragraphs 1 to 13.

Commencement Information

I431 Sch. 1 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 81

SCHEDULE 2 E+W Order for conditional discharge: commission of further offence

Application of Schedule E+W

1 E+W This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offence”).

Commencement Information

I432 Sch. 2 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

2 E+W If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken—

(a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

to have been made by the Crown Court.

Commencement Information

I433 Sch. 2 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace E+W

3 (1) This paragraph applies where— E+W

(a) the order for conditional discharge was made by a magistrates' court, and

(b) it appears to a justice of the peace on information that the offender—

(i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii) has been dealt with in respect of that offence.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the court which made the order for conditional discharge.

Commencement Information

I434 Sch. 2 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by Crown Court E+W

4 (1) This paragraph applies where— E+W

(a) the order for conditional discharge was made by the Crown Court, and

(b) it appears to the Crown Court that the offender—

(i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii) has been dealt with in respect of that offence.

(2) The Crown Court may issue—

(a) a summons requiring the offender to appear at the place and time specified in it, or

(b) a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the Crown Court.

Commencement Information

I435 Sch. 2 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of magistrates' court convicting offender of further offence E+W

5 (1) This paragraph applies where the offender is convicted by a magistrates' court (“the convicting court”) of an offence committed during the period of conditional discharge. E+W

(2) If the order for conditional discharge was made by the convicting court, that court may re-sentence the offender for the original offence.

(3) If the order for conditional discharge was made by another magistrates' court, the convicting court may, with the consent of the court which made the order, re-sentence the offender for the original offence.

(4) If the order for conditional discharge was made by the Crown Court, the convicting court—

(a) may commit the offender in custody or on bail to the Crown Court, and

(b) if it does so, must send the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the designated officer by whom the register is kept.

(5) In sub-paragraph (4), the “register” means the register of proceedings before a magistrates' court required by the Criminal Procedure Rules to be kept by the designated officer of the court.

(6) For powers of the convicting court, where it commits a person under sub-paragraph (4), to commit a person to the Crown Court in respect of other offences, see section 20.

Commencement Information

I436 Sch. 2 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Conviction of further offence by another court: power of magistrates' court which made order E+W

6 (1) This paragraph applies where— E+W

(a) the order for conditional discharge was made by a magistrates' court (“the original court”),

(b) it is proved to the satisfaction of the original court that the offender has been convicted by another court in Great Britain of an offence committed during the period of conditional discharge.

(2) The original court may re-sentence the offender for the original offence.

Commencement Information

I437 Sch. 2 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court with respect to original offence following subsequent conviction E+W

7 (1) Sub-paragraph (2) applies where— E+W

(a) the offender—

(i) is convicted before the Crown Court of an offence committed during the period of conditional discharge, or

(ii) is brought or appears before the Crown Court having been committed by a magistrates' court for sentence in respect of any such offence, or

(b) the order for conditional discharge was made by the Crown Court and it is proved to the satisfaction of the Crown Court that the offender has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge.

(2) The Crown Court may re-sentence the offender for the original offence.

(3) Any question under this paragraph whether the offender has been convicted of an offence committed during the period of conditional discharge is to be determined by the court and not by the verdict of a jury.

(4) Where the offender is committed to the Crown Court under sub-paragraph (4) of paragraph 5, any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the convicting court (within the meaning of that paragraph)—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (certain duties relating to information).

Commencement Information

I438 Sch. 2 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 96

SCHEDULE 3 E+W Youth offender contract: programme of behaviour

1 E+W This Schedule applies to a programme of behaviour agreed between an offender and a youth offender panel under section 96.

Commencement Information

I439 Sch. 3 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W The programme may, in particular, include requiring the offender to—

(a) make financial or other reparation to any victim;

(b) attend mediation sessions with any victim;

(c) carry out unpaid work or service in or for the community;

(d) be at home at times specified in or determined under the programme;

(e) attend a school or other educational establishment or a place of work;

(f) participate in activities specified in the programme;

(g) meet persons specified in the programme at times and places specified in or determined under the programme;

(h) stay away from places specified in the programme;

(i) stay away from persons specified in the programme.

This is subject to paragraphs 5 and 6.

Commencement Information

I440 Sch. 3 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W The programme may include provision for the offender's compliance with the programme to be supervised and recorded.

Commencement Information

I441 Sch. 3 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W Activities that may be specified by virtue of paragraph 2(f) include, in particular, activities—

(a) designed to address the offending behaviour,

(b) offering education or training, or

(c) assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs.

Commencement Information

I442 Sch. 3 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W The programme may not provide for—

(a) electronic monitoring of the offender's whereabouts, or

(b) any physical restriction to be imposed on the offender's movements.

Commencement Information

I443 Sch. 3 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W No term which provides for anything to be done to or with any victim may be included in the programme without the victim's consent.

Commencement Information

I444 Sch. 3 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 E+W In this Schedule “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences for which the offender was referred to the panel.

Commencement Information

I445 Sch. 3 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 104

SCHEDULE 4 E+W Referral order: further court proceedings

PART 1 E+W Referral back to court for further proceedings

Introductory E+W

1 E+W This Part of this Schedule applies where a youth offender panel refers an offender back to court under Chapter 1 of Part 6 (referral orders).

Commencement Information

I446 Sch. 4 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mode of referral back to court E+W

2 E+W To make the referral, the panel must send a report to the appropriate court explaining why the offender is being referred back to court.

Commencement Information

I447 Sch. 4 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Bringing the offender before the court E+W

3 (1) Where the appropriate court receives a report under paragraph 2, the court must cause the offender to appear before it. E+W

(2) For that purpose, a justice acting in the same local justice area as the appropriate court may—

(a) issue a summons requiring the offender to appear before the appropriate court at the place and time specified in the summons, or

(b) if the report is substantiated on oath, issue a warrant for the offender's arrest which requires the offender to be brought before the appropriate court.

Commencement Information

I448 Sch. 4 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Detention and remand of arrested offender E+W

4 (1) This paragraph applies where an offender— E+W

(a) is arrested under a warrant issued under paragraph 3(2), and

(b) cannot immediately be brought before the appropriate court.

(2) The person in whose custody the offender is—

(a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must, within that period, bring the offender before a youth court (or, if the offender is aged 18 or over, a magistrates' court other than a youth court).

(3) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

Commencement Information

I449 Sch. 4 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) This paragraph applies where the court before which the offender is brought under paragraph 4(2) (“the alternative court”) is not the appropriate court. E+W

(2) The alternative court may—

(a) direct that the offender is to be released immediately, or

(b) remand the offender.

(3) Section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.

(4) If the offender is aged under 18, any power conferred by that section to remand the offender in custody includes a power to remand the offender to accommodation provided by or on behalf of a local authority.

(5) If a court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides or will reside.

Commencement Information

I450 Sch. 4 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court on referral back E+W

6 E+W Paragraphs 7 to 10 apply where the offender was referred back to court under—

(a) section 92(3) (offender's failure to attend panel meeting);

(b) section 98(3) (no prospect of agreement on youth offender contract);

(c) section 98(4) (unreasonable failure to sign record of agreement);

(d) section 100(3) (breach of contract);

(e) section 100(6) (unreasonable failure to sign record of variation);

(f) section 100(8) (change of circumstances);

(g) section 101(5) (final meeting: order not discharged);

(h) section 102(2) (panel requesting revocation of order).

Commencement Information

I451 Sch. 4 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of court where it upholds panel's decision E+W

7 (1) Sub-paragraph (2) applies where the appropriate court is satisfied, for any decision of the youth offender panel which resulted in the referral back to court, that— E+W

(a) so far as the decision relied on any finding of fact by the youth offender panel, the panel was entitled to make that finding in the circumstances, and

(b) so far as the decision involved any exercise of discretion by the youth offender panel, the panel reasonably exercised that discretion in the circumstances.

(2) The court may revoke the referral order (or each of the referral orders).

(3) Revocation of an order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

(4) Where an order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).

(5) In re-sentencing the offender under sub-paragraph (4), the appropriate court must take into account—

(a) the circumstances of the offender's referral back to the court, and

(b) where a youth offender contract has taken effect between the offender and the panel, the extent of the offender's compliance with the contract.

(6) A power under sub-paragraph (2) or (4)—

(a) may not be exercised unless the offender is before the appropriate court, and

(b) is not affected by the expiry of the compliance period (whether before or after the offender was referred back to court), in a case where a youth offender contract has taken effect.

Commencement Information

I452 Sch. 4 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Appeal E+W

8 E+W An offender re-sentenced under paragraph 7(4) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I453 Sch. 4 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of court to impose fine or extend period for which contract has effect E+W

9 (1) This paragraph applies where— E+W

(a) the reference back to court was made under—

(i) section 92(3) (offender's failure to attend panel meeting),

(ii) section 100(3) (breach of contract), or

(iii) section 101(5) (final meeting: order not discharged),

(b) the offender is before the appropriate court,

(c) the appropriate court is satisfied that the offender has failed without reasonable excuse to comply with a youth offender contract which has taken effect between the offender and a youth offender panel, and

(d) the appropriate court does not revoke the order under paragraph 7.

(2) The appropriate court may make an order extending the length of the compliance period, but—

(a) not to more than 12 months, and

(b) not if the compliance period has already expired.

(3) The court may order the offender to pay a fine of an amount not exceeding £2,500.

(4) Expiry of the compliance period (whether before or after the offender was referred back to court) does not affect the power to impose a fine under sub-paragraph (3).

(5) A fine imposed under sub-paragraph (3) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

Commencement Information

I454 Sch. 4 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Consequences of court not revoking referral order or orders E+W

10 (1) This paragraph applies where, having considered the matters in sub-paragraph (1) of paragraph 7, the appropriate court does not revoke the referral order (or orders) to which the offender is subject. E+W

(2) The offender remains subject to the referral order (or orders) in all respects as if the referral back to court had not occurred (subject to any order under paragraph 9(2) (extension of compliance period)).

(3) But if—

(a) a youth offender contract has taken effect in pursuance of the referral order (or orders),

(b) the compliance period has expired, and

(c) the referral order (or each of the referral orders) has not been revoked,

the court must make an order declaring that the referral order (or each of the referral orders) is discharged.

(4) An order under sub-paragraph (3) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

Commencement Information

I455 Sch. 4 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exception where court satisfied as to completion of contract E+W

11 (1) This paragraph applies where— E+W

(a) the reference back to court was made under section 101(5) (final meeting: order not discharged), and

(b) the court decides (contrary to the decision of the panel) that the offender's compliance with the youth offender contract has, or will by the end of the compliance period have, been such as to justify the conclusion that the offender has, or will have, satisfactorily completed the youth offender contract.

(2) The court must make an order declaring that the referral order (or each of the referral orders) is discharged.

(3) An order under sub-paragraph (2) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

Commencement Information

I456 Sch. 4 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Referral back for extension of compliance period E+W

12 (1) This paragraph applies where— E+W

(a) the reference back to court was made under section 103(2) (request for extension of compliance period),

(b) the youth offender contract has taken effect and the compliance period has not expired, and

(c) the offender is before the appropriate court.

(2) If it appears to the appropriate court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the contract took effect, it may make an order extending the length of the compliance period but—

(a) not by more than 3 months, and

(b) not to more than 12 months.

(3) When deciding whether to make an order under sub-paragraph (2), the court must take into account the extent of the offender's compliance with the contract.

Commencement Information

I457 Sch. 4 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to adjourn hearing and remand offender E+W

13 (1) This paragraph applies where a youth court or other magistrates' court holds a hearing in proceedings under this Part of this Schedule. E+W

(2) The court may adjourn the hearing.

(3) Where the court adjourns the hearing under sub-paragraph (2), it may—

(a) direct that the offender be released immediately, or

(b) remand the offender.

(4) Where the court remands the offender under sub-paragraph (3)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) the remand must require the offender to be brought before the court at that time and place.

(5) Where the court adjourns the hearing under sub-paragraph (2), but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—

(i) the offender,

(ii) if the offender is aged under 14, a parent or guardian of the offender, and

(iii) a member of the specified youth offending team.

(6) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(7) This paragraph—

(a) applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I458 Sch. 4 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Further convictions during referral

Introductory E+W

14 E+W This Part of this Schedule applies where—

(a) a referral order has been made in respect of an offender and has not been discharged or revoked,

(b) the offender is aged under 18, and

(c) a court is dealing with the offender for an offence (“the new offence”).

Commencement Information

I459 Sch. 4 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of magistrates' court to deal with further offence by extending compliance period E+W

15 (1) This paragraph applies if the court dealing with the offender for the new offence is a youth court or other magistrates' court. E+W

(2) An order under this paragraph is available in respect of the new offence if neither the new offence nor any offence connected with it is one the sentence for which is fixed by law.

(3) The court may sentence the offender for the new offence by making an order extending the length of the compliance period, but not to more than 12 months.

Commencement Information

I460 Sch. 4 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Supplementary E+W

16 (1) This paragraph applies where a court makes an order under paragraph 15 in respect of the new offence. E+W

(2) The court must not deal with the offender for the new offence, or any offence connected with it, by making an order of the kind mentioned in section 89(3) (orders not available where court makes referral order).

(3) In respect of any offence connected with the new offence, the court must make—

(a) an order under paragraph 15, or

(b) an order for absolute discharge.

Commencement Information

I461 Sch. 4 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further convictions: power of any court to revoke referral orders E+W

17 (1) This paragraph applies where, in dealing with the offender for the new offence, the court makes an order other than— E+W

(a) an order under paragraph 15, or

(b) an order for absolute discharge or an order for conditional discharge.

(2) If it appears to the court to be in the interests of justice to do so, the court—

(a) may revoke the referral order (or any one or more of the referral orders), and

(b) if it revokes a referral order, may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).

(3) Revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

(4) When re-sentencing the offender under sub-paragraph (2)(b), if a youth offender contract has taken effect between the offender and the panel, the court must take into account the extent of the offender's compliance with the contract.

(5) For the purposes of this paragraph it does not matter whether the new offence was committed before or after the offender was referred to the panel.

Commencement Information

I462 Sch. 4 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 115

SCHEDULE 5 E+W Breach, revocation and amendment of reparation order

PART 1 E+W Breach of reparation order

Application to court E+W

1 (1) This Part of this Schedule applies where— E+W

(a) a reparation order is in force in respect of an offender, and

(b) the responsible officer makes an application to the appropriate court under this paragraph for it to exercise its powers under paragraph 2.

(2) In this paragraph “appropriate court” means—

(a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(3) In sub-paragraph (2) “relevant local justice area” means—

(a) the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, the offender's home local justice area.

(4) Where the responsible officer makes an application to the appropriate court under this paragraph, the officer may bring the offender before the court.

Commencement Information

I463 Sch. 5 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of appropriate court E+W

2 (1) This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order. E+W

(2) The appropriate court—

(a) may order the offender to pay a fine of an amount not exceeding £1,000;

(b) if the reparation order was made by a magistrates' court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or

(c) if the reparation order was made by the Crown Court, may—

(i) commit the offender to custody, or

(ii) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(3) Where the appropriate court deals with the offender's case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving—

(a) particulars of the offender's failure to comply with the requirement in question, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(4) The appropriate court may not make an order under this paragraph unless the offender is before the court.

(5) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.

(6) In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(7) A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(8) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Commencement Information

I464 Sch. 5 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

3 (1) This paragraph applies where— E+W

(a) by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and

(b) it is proved to the satisfaction of that court that the offender has breached the requirement in question.

(2) The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made.

(3) Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force.

(4) In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(5) The appropriate court may not make an order under this paragraph unless the offender is before the court.

(6) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.

(7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I465 Sch. 5 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

4 E+W A reparation order made on appeal is to be taken, for the purposes of this Part of this Schedule—

(a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

to have been made by the Crown Court.

Commencement Information

I466 Sch. 5 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Revocation and amendment of reparation order

5 (1) This paragraph applies where— E+W

(a) a reparation order is in force in respect of an offender, and

(b) the offender or the responsible officer makes an application to the relevant court under this paragraph.

(2) In this paragraph “the relevant court” means—

(a) a youth court acting in the offender's home local justice area, or

(b) in the case of an application made both under this paragraph and under paragraph 1, the appropriate court (as defined in that paragraph).

(3) Where the responsible officer makes an application to a court under this paragraph, the responsible officer may bring the offender before the court.

But this is subject to paragraph 6.

(4) If it appears to the relevant court that it is appropriate to make an order under this sub-paragraph, the court may—

(a) make an order revoking the reparation order, or

(b) make an order amending it—

(i) by cancelling any provision included in it, or

(ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision which it could include in a reparation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

(5) In this paragraph—

• “relevant offence” means the offence in respect of which the reparation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted by the relevant court of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(6) Unless the offender is before it, the relevant court may not amend the reparation order under this paragraph, except to—

(a) cancel a requirement included in the order,

(b) substitute a new local justice area for the offender's home local justice area specified in the order, or

(c) change the responsible officer.

(7) Where an application under this paragraph for the revocation of a reparation order is dismissed, no-one may make a further application for its revocation under this paragraph except with the consent of the relevant court.

Commencement Information

I467 Sch. 5 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Supplementary

Issue of summons or warrant E+W

6 (1) This paragraph applies where an application is made under paragraph 1 or 5. E+W

(2) For the purpose of securing the attendance of the offender before it, the court to which the application is made may issue a summons.

(3) If—

(a) the offender fails to appear in court in answer to the summons, and

(b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by rules of court, that the summons—

(i) could not be served, or

(ii) was served on the offender within what appears to the court to be a reasonable time before the hearing,

the court may issue a warrant.

(4) This paragraph does not affect any other power to issue a summons or warrant.

Commencement Information

I468 Sch. 5 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Warrants E+W

7 (1) This paragraph applies where an offender— E+W

(a) is arrested under a warrant issued under paragraph 6, and

(b) cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

(2) The person in whose custody the offender is—

(a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must, within that period, bring the offender before a youth court [F321 or, if the offender is aged 18 or over, a magistrates’ court other than a youth court.]

(3) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

Textual Amendments

F321 Words in Sch. 5 para. 7(2)(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 7(2)

Commencement Information

I469 Sch. 5 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 (1) Where the court before which the offender is brought under paragraph 7(2) (“the alternative court”) is not the relevant court, the alternative court may— E+W

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(2) If the offender is aged under 18, the power in sub-paragraph (1)(b) is a power to remand the offender to accommodation provided by or on behalf of a local authority.

(3) Where a court remands an offender under this paragraph to accommodation provided by or on behalf of a local authority, it must designate the local authority which is to receive the offender.

(4) The designated authority must be—

(a) the local authority for the area in which the offender resides, or

(b) if it appears to the court that the offender does not reside in the area of a local authority, must be a local authority in whose area the offence or an associated offence was committed.

Commencement Information

I470 Sch. 5 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to adjourn hearing and remand offender E+W

9 (1) This paragraph applies to any hearing relating to an offender held by a youth court [F322 or other magistrates’ court] in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing.

(3) Where it adjourns the hearing under sub-paragraph (2), it may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(4) Where the court remands the offender under sub-paragraph (3)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(5) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—

(i) the offender,

(ii) if the offender is aged under 14, a parent or guardian of the offender, and

(iii) the responsible officer.

(6) The powers of a [F323 magistrates’ court] under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(7) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Textual Amendments

F322 Words in Sch. 5 para. 9(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 7(3)(a)

F323 Words in Sch. 5 para. 9(6) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 7(3)(b)

Commencement Information

I471 Sch. 5 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Appeals E+W

10 E+W The offender may appeal to the Crown Court against—

(a) any order made under paragraph 2(1) (order made by appropriate court on breach of reparation order),

(b) any order made under paragraph 5(4)(b) (amendment of order), other than an order which only does one or more of the following—

(i) cancels a requirement included in the order,

(ii) substitutes a new local justice area for the offender's home local justice area specified in the order, or

(iii) changes the responsible officer, or

(c) the dismissal of an application under paragraph 5 to revoke a reparation order.

Commencement Information

I472 Sch. 5 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 173

SCHEDULE 6 E+W Youth rehabilitation orders: requirements

PART 1 E+W Activity requirement

Activity requirement: types of requirement E+W

1 (1) In this Code “activity requirement”, in relation to a youth rehabilitation order, is a requirement consisting of one or more of the following— E+W

(a) a specified place obligation (see paragraph 3),

(b) a specified activities obligation (see paragraph 4),

(c) a specified residential exercise obligation (see paragraph 5),

(d) an obligation under paragraph 6 to engage in activities as instructed by the responsible officer.

(2) A youth rehabilitation order that imposes an activity requirement may specify—

(a) obligations of more than one of those kinds, or

(b) more than one obligation of any of those kinds.

(3) The aggregate number of days specified in a youth rehabilitation order under paragraphs 3, 4, 5 and 6 must not exceed 90 unless the activity requirement is an extended activity requirement (see paragraph 2).

Commencement Information

I473 Sch. 6 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extended activity requirement E+W

2 (1) An extended activity requirement is an activity requirement for which the aggregate number of days specified in the youth rehabilitation order under paragraphs 3, 4, 5 and 6 is greater than 90. E+W

(2) Where a youth rehabilitation order imposes an extended activity requirement, the aggregate number of days specified in the order under those paragraphs must not exceed [F324 180] [F324 the relevant number].

[F325 (2A) In sub-paragraph (2) “the relevant number” means—

(a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 17 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and

(b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, 365 days.]

(3) For restrictions on making a youth rehabilitation order with intensive supervision and surveillance (and, accordingly, on imposing an extended activity requirement), see section 180 (as well as sections 175 and 178 (requirements and availability relating to youth rehabilitation orders with intensive supervision and surveillance)).

Textual Amendments

F324 Words in Sch. 6 para. 2(2) substituted (3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(1), Sch. 17 para. 17(2); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F325 Sch. 6 para. 2(2A) inserted (3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(1), Sch. 17 para. 17(3); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I474 Sch. 6 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: specified place obligation E+W

3 (1) For each specified place obligation that it imposes, a youth rehabilitation order must specify— E+W

(a) a number of days,

(b) a place or places, and

(c) for each place specified, the description of person to whom the offender is required to present himself or herself.

(2) The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—

(a) to present himself or herself at a specified place to a person of the specified description, and

(b) while there, to participate in activities and comply with instructions given by, or under the authority of, the person in charge of the place.

Commencement Information

I475 Sch. 6 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: specified activities obligation E+W

4 (1) For each specified activities obligation that it imposes, a youth rehabilitation order must specify— E+W

(a) a number of days, and

(b) an activity or activities.

(2) The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—

(a) to participate in a specified activity, and

(b) to comply with instructions given by, or under the authority of, the person in charge of the activity.

(3) An activity specified under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.

Commencement Information

I476 Sch. 6 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: specified residential exercise obligation E+W

5 (1) For each specified residential exercise obligation that it imposes, a youth rehabilitation order must specify— E+W

(a) a number of days, and

(b) a place or activity.

(2) The obligation requires the offender, in accordance with the instructions of the responsible officer—

(a) if a place is specified under sub-paragraph (1)(b)—

(i) to present himself or herself at that place to a person of a description specified in the instructions,

(ii) to reside there for a period consisting of the specified number of days, and

(iii) during that period, to comply with instructions given by, or under the authority of, the person in charge of that place;

(b) if an activity is specified under sub-paragraph (1)(b)—

(i) to participate in that activity for a period consisting of the specified number of days, and

(ii) during that period, to comply with instructions given by or under the authority of, the person in charge of the activity.

Commencement Information

I477 Sch. 6 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: obligation to engage in activities as instructed by responsible officer E+W

6 (1) A youth rehabilitation order that imposes an obligation under this paragraph— E+W

(a) must specify a number of days, and

(b) may permit the responsible officer to give instructions in accordance with this paragraph requiring the offender to participate in a residential exercise.

(2) The obligation requires the offender to engage in activities in accordance with instructions of the responsible officer on that number of days.

(3) For each of those days, instructions of the responsible officer must require the offender—

(a) to present himself or herself to a person or persons of a description specified in the instructions at a place so specified, or

(b) to participate in an activity specified in the instructions.

(4) On each of those days, or while participating in any such activity, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or the activity.

(5) An activity specified in instructions under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.

(6) Sub-paragraphs (7) to (9) apply where under sub-paragraph (1)(b) the youth rehabilitation order permits the responsible officer to give instructions requiring the offender to participate in a residential exercise.

(7) Instructions given by the responsible officer may require the offender to participate in a residential exercise for the period specified in the instructions, and for that purpose—

(a) to present himself or herself to a person of a description specified in the instructions at a place so specified at the beginning of that period and to reside there for that period, or

(b) to participate for that period in an activity specified in the instructions.

(8) But instructions requiring the offender to participate in a residential exercise—

(a) may not require the offender to participate in such an exercise for a period of more than 7 days;

(b) may not be given except with the consent of a parent or guardian of the offender.

(9) Where the responsible officer gives instructions requiring the offender to participate in a residential exercise, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified in the responsible officer's instructions.

Commencement Information

I478 Sch. 6 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: general provisions E+W

7 E+W Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions—

(a) paragraph 3(2)(b) (specified place obligation),

(b) paragraph 5(2)(a)(iii) (residential exercise obligation),

(c) paragraph 6(4) (obligation at place specified by responsible officer), or

(d) paragraph 6(9) (residential exercise at place specified by responsible officer),

may require the offender to engage in activities otherwise than at that place.

Commencement Information

I479 Sch. 6 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing an activity requirement E+W

8 E+W A court may not include an activity requirement in a youth rehabilitation order unless—

(a) the court has consulted—

(i) a member of a youth offending team, or

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

and is satisfied that it is feasible to secure compliance with the requirement,

(b) the court is satisfied that provision can be made for the offender to participate in the activities that it proposes to specify in the order under the arrangements for persons to participate in such activities which exist in the local justice area in which the offender resides or is to reside, and

(c) if compliance with the requirement would require the co-operation of a person other than the offender and the responsible officer, that other person consents to its inclusion.

Commencement Information

I480 Sch. 6 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Supervision requirement

Supervision requirement E+W

9 E+W In this Code “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, while the order is in force, the offender must attend appointments with—

(a) the responsible officer, or

(b) another person determined by the responsible officer,

at times and places determined by the responsible officer.

Commencement Information

I481 Sch. 6 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Unpaid work requirement

Modifications etc. (not altering text)

C136 Sch. 6 Pt. 3 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Requirement E+W

10 (1) In this Code “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to— E+W

(a) the work to be performed, and

(b) the times, during a period of 12 months, at which the offender is to perform it.

(2) The order must specify the number of hours which the offender may be required to work under the requirement.

(3) That number must be in aggregate—

(a) not less than 40, and

(b) not more than 240.

(4) Sub-paragraphs (1)(b) and (3) are subject to paragraphs 10(7) and 19 of Schedule 7 (which make provision for different limits where an unpaid work requirement is imposed or amended in further proceedings).

Commencement Information

I482 Sch. 6 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing an unpaid work requirement E+W

11 (1) A court may not impose an unpaid work requirement in respect of an offender unless it is satisfied— E+W

(a) that the offender is a suitable person to perform work under an unpaid work requirement, and

(b) 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 local justice area in which the offender resides or is to reside.

(2) In making a decision under sub-paragraph (1)(a) the court must (if it considers it necessary) hear—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

Commencement Information

I483 Sch. 6 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Programme requirement

Programme requirement E+W

12 (1) In this Code “programme requirement”, in relation to a youth rehabilitation order, means a requirement for the offender to participate in a particular systematic set of activities (a “programme”), which may have a residential component. E+W

(2) A youth rehabilitation order which imposes a programme requirement must specify—

(a) the programme,

(b) the place or places at which the offender is required to participate in it,

(c) the number of days on which the offender is required to participate in it, and

(d) if the programme has a residential component—

(i) the place where the offender is required to reside for the purposes of the residential component, and

(ii) the period for which the offender is required to reside there.

(3) For the purposes of this paragraph, a programme has “a residential component” if it is necessary to reside at a particular place for a particular period in order to participate in the programme.

(4) A programme requirement operates to require the offender, as instructed by the responsible officer—

(a) to participate in the programme on the number of days specified in the order at a place specified in the order, and

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

Commencement Information

I484 Sch. 6 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing a programme requirement E+W

13 (1) A court may not include a programme requirement in a youth rehabilitation order unless— E+W

(a) the programme which the court proposes to specify has been recommended to the court by—

(i) a member of a youth offending team, or

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

as being suitable for the offender, and

(b) the court is satisfied that the programme is available at the place or places it proposes to specify.

For this purpose, “programme” has the same meaning as in paragraph 12.

(2) A court may not include a programme requirement in a youth rehabilitation order if compliance with the requirement would require the co-operation of a person other than the offender and the offender's responsible officer, unless that other person consents to its inclusion.

Commencement Information

I485 Sch. 6 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Attendance centre requirement

Modifications etc. (not altering text)

C137 Sch. 6 Pt. 5 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Attendance centre requirement E+W

14 (1) In this Code “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at a particular attendance centre for a particular number of hours. E+W

(2) A youth rehabilitation order which imposes an attendance centre requirement must specify—

(a) the attendance centre, and

(b) the aggregate number of hours for which the offender may be required to attend at the attendance centre.

(3) That number of hours must be—

(a) if the offender is aged 16 or over at the time of conviction—

(i) not less than 12, and

(ii) not more than 36;

(b) if the offender is aged 14 or 15 at the time of conviction—

(i) not less than 12, and

(ii) not more than 24;

(c) if the offender is aged under 14 at the time of conviction, not more than 12.

(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—

(a) in accordance with arrangements made by the responsible officer, and

(b) having regard to the offender's circumstances.

(6) An offender may not be required under this paragraph to attend at an attendance centre—

(a) more than once on any day, or

(b) for more than 3 hours at a time.

(7) A requirement under this paragraph 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, whether at the centre or elsewhere—

(a) under the supervision of the officer in charge of the centre, and

(b) in accordance with instructions given by, or under the authority of, that officer.

Commencement Information

I486 Sch. 6 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing attendance centre requirement E+W

15 E+W A court may not include an attendance centre requirement in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description and that provision can be made for the offender there (and the notice has not been withdrawn), and

(b) the court is satisfied that the attendance centre which it proposes to specify in the order is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

Commencement Information

I487 Sch. 6 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Prohibited activity requirement

Requirement E+W

16 (1) In this Code “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from particular activities— E+W

(a) on one or more particular days, or

(b) for a particular period.

(2) Where the court makes a youth rehabilitation order imposing a prohibited activity requirement, the order must specify—

(a) the activities from which the offender must refrain;

(b) the day or days on which, or the period for which, the offender must refrain from those activities.

(3) A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.

Commencement Information

I488 Sch. 6 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing prohibited activity requirement E+W

17 E+W A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

Commencement Information

I489 Sch. 6 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Curfew requirement

Modifications etc. (not altering text)

C138 Sch. 6 Pt. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Curfew requirement E+W

18 (1) In this Code “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. E+W

(2) A youth rehabilitation order which imposes a curfew requirement must specify—

(a) the curfew periods, and

(b) the place at which the offender must remain for each curfew period.

(3) Different places or different curfew periods may be specified for different days.

(4) The curfew periods must amount to—

(a) not less than 2 hours in any day, F326 ...

(b) not more than [F327 the relevant number of hours] in any day [F328 , and

(c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.]

[F329 (4A) In sub-paragraph (4)(b), “the relevant number of hours”—

(a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 19 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and

(b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, means 20 hours.]

(5) The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

Textual Amendments

F326 Word in Sch. 6 para. 18(4)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(2)(a)

F327 Words in Sch. 6 para. 18(4)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(2)(b)

F328 Sch. 6 para. 18(4)(c) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(2)(c)

F329 Sch. 6 para. 18(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(3)

Commencement Information

I490 Sch. 6 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements where court imposes curfew requirement E+W

19 (1) Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified under paragraph 18(2)(b). E+W

(2) That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.

(3) Where the court makes a youth rehabilitation order which imposes a curfew requirement it must also impose an [F330 electronic monitoring requirement] [F330 electronic compliance monitoring requirement] (see Part 17 of this Schedule) unless—

(a) it is prevented from doing so by paragraph 44, or

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

Textual Amendments

F330 Words in Sch. 6 para. 19(3) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 10; S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I491 Sch. 6 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+W Exclusion requirement

Requirement E+W

20 (1) In this Code “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”). E+W

(2) A youth rehabilitation order which imposes an exclusion requirement must specify—

(a) the prohibited place, and

(b) the exclusion period.

(3) The exclusion period must not be more than 3 months.

(4) A youth rehabilitation order may specify—

(a) more than one prohibited place;

(b) more than one exclusion period;

(c) different prohibited places for different exclusion periods or different days.

(5) A prohibited place may be an area.

Commencement Information

I492 Sch. 6 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement for electronic monitoring where court imposes exclusion requirement E+W

21 E+W Where the court makes a youth rehabilitation order which imposes an exclusion requirement it must also impose an [F331 electronic monitoring requirement] [F331 electronic compliance monitoring requirement] (see Part 17 of this Schedule) unless—

(a) it is prevented from doing so by paragraph 44, or

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

Textual Amendments

F331 Words in Sch. 6 para. 21 substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 11; S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I493 Sch. 6 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 E+W Residence requirement

Requirement E+W

22 (1) In this Code “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must— E+W

(a) reside with a particular individual, or

(b) reside—

(i) at a particular place (“the required place”), or

(ii) if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(a) must specify—

(a) the required period, and

(b) the individual with whom the offender is required to reside.

(3) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(b) (a “place of residence requirement”) must specify—

(a) the required period,

(b) the required place, and

(c) if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

Commencement Information

I494 Sch. 6 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Imposing a residence requirement: restrictions and requirements E+W

23 (1) A youth rehabilitation order which imposes a residence requirement within paragraph 22(1)(a) may not specify, as the individual with whom the offender is required to reside, an individual who has not consented to the requirement. E+W

(2) A court may not include a place of residence requirement in a youth rehabilitation order unless the offender is aged 16 or over at the time of conviction.

(3) Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

(4) A hostel or other institution may not be specified as the required place, except on the recommendation of—

(a) a member of a youth offending team,

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

(c) a social worker of a local authority.

(5) In this paragraph, “place of residence requirement” and “the required place” have the same meanings as in paragraph 22.

Commencement Information

I495 Sch. 6 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 E+W Local authority residence requirement

Requirement E+W

24 (1) In this Code “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must reside in accommodation provided by or on behalf of a particular local authority. E+W

(2) A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a particular person.

(3) A youth rehabilitation order which imposes a local authority residence requirement must specify—

(a) the required period,

(b) the local authority which is to receive the offender, and

(c) any person with whom the offender is not to reside by virtue of sub-paragraph (2).

(4) The required period must—

(a) not be longer than 6 months, and

(b) end before the offender reaches the age of 18.

(5) The authority specified must be the local authority in whose area the offender resides or is to reside.

Commencement Information

I496 Sch. 6 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing local authority residence requirement E+W

25 E+W A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless the requirements in A to C are met.

1 The court is satisfied that—

(a) the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) imposing that requirement would assist in the offender's rehabilitation.

2 The court has consulted—

(a) a parent or guardian of the offender (unless it is impracticable to do so), and

(b) the local authority which is to receive the offender.

3 The offender was legally represented in court when the court was considering whether to impose the local authority residence requirement, but this does not apply if—

(a) representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or

(b) the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

For this purpose, “the proceedings” means—

• the whole proceedings, or

• the part of the proceedings relating to the imposition of the local authority residence requirement.

Commencement Information

I497 Sch. 6 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 11 E+W Fostering requirement

Requirement E+W

26 (1) In this Code “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the fostering period”), the offender must reside with a local authority foster parent. E+W

(2) A youth rehabilitation order which imposes a fostering requirement must specify—

(a) the fostering period, and

(b) the local authority which is to place the offender with a local authority foster parent under—

(i) section 22C of the Children Act 1989, or

(ii) section 81 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3) The fostering period—

(a) must end no later than the end of the period of 12 months beginning with the day on which the requirement takes effect, and

(b) must end before the offender reaches the age of 18.

This is subject to paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7 (substitute fostering requirement).

(4) The authority specified must be the local authority in whose area the offender resides or is to reside.

(5) Sub-paragraph (6) applies if during the fostering period the responsible officer notifies the offender—

(a) that no suitable local authority foster parent is available, and

(b) that the responsible officer has applied, or proposes to apply, under Part 3 or 4 of Schedule 7 for the youth rehabilitation order to be amended or revoked.

(6) The fostering requirement has effect, until the application is determined, as a requirement for the offender to reside in accommodation provided by or on behalf of a local authority.

(7) This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.

Commencement Information

I498 Sch. 6 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing fostering requirement E+W

27 E+W A court may not make a youth rehabilitation order which imposes a fostering requirement unless the requirements in A to D are met.

1 The court is satisfied that—

(a) the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) imposing that requirement would assist in the offender's rehabilitation.

2 The court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent (and the notice has not been withdrawn).

3 The court has consulted—

(a) the offender's parents or guardians (unless it is impracticable to do so), and

(b) the local authority which is to place the offender with a local authority foster parent.

4 The offender was legally represented in court when the court was considering whether to impose the fostering requirement, but this does not apply if—

(a) representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or

(b) the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

For this purpose, “the proceedings” means—

• the whole proceedings, or

• the part of the proceedings relating to the imposition of the fostering requirement.

Commencement Information

I499 Sch. 6 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 12 E+W Mental health treatment requirement

Mental health treatment requirement E+W

28 (1) In this Code “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be— E+W

(a) in-patient treatment,

(b) institution-based out-patient treatment, or

(c) practitioner-based treatment.

(2) For this purpose—

• “mental health treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a registered medical practitioner or registered psychologist, and

  (b)

  with a view to improvement of the offender's mental condition;

• “in-patient treatment” means treatment as a resident patient in—

  (a)

  a care home,

  (b)

  an independent hospital, or

  (c)

  a hospital within the meaning of the Mental Health Act 1983,

  but not in hospital premises where high security psychiatric services are provided;

• “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;

• “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3) A youth rehabilitation order which imposes a mental health treatment requirement must specify—

(a) the period or periods during which the offender is required to submit to mental health treatment, and

(b) for each such period—

(i) if the mental health treatment is to be in-patient treatment, the care home or hospital where it is to be provided;

(ii) if it is to be institution-based out-patient treatment, the institution or place where it is to be provided;

(iii) if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4) In this paragraph—

• “care home” means—

  (a)

  a care home in England within the meaning of the Care Standards Act 2000, or

  (b)

  a place in Wales at which a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)) is provided;

• “high security psychiatric services” has the same meaning as in the Mental Health Act 1983;

• “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;

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;

• “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(5) While the offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of the revocation or amendment of the order.

Commencement Information

I500 Sch. 6 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing mental health treatment requirement E+W

29 (1) A court may not include a mental health treatment requirement in a youth rehabilitation order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a) requires treatment,

(b) may be susceptible to treatment, and

(c) does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, if that treatment is, or includes, in-patient treatment (see paragraph 28(2)).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I501 Sch. 6 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Alternative arrangements for mental health treatment E+W

30 (1) Where— E+W

(a) an offender is being treated in pursuance of a mental health treatment requirement, and

(b) the treatment practitioner is of the opinion that part of the treatment can be better or more conveniently given in an institution or at a place—

(i) which is not specified in the youth rehabilitation order, and

(ii) where the treatment of the offender will be given by or under the direction of a registered medical practitioner or registered psychologist,

the treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(2) Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(3) Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the youth rehabilitation order.

(4) Where alternative arrangements are made—

(a) the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender is required to submit in pursuance of the mental health treatment requirement, and

(b) the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.

(5) In this paragraph—

• “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;

• “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

Commencement Information

I502 Sch. 6 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 13 E+W Drug treatment requirement

Requirement E+W

31 (1) In this Code “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”), to drug rehabilitation treatment. E+W

Such treatment may be resident treatment or non-resident treatment.

(2) In this paragraph—

• “drug rehabilitation treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a person having the necessary qualifications or experience, and

  (b)

  with a view to the reduction or elimination of the offender's dependency on, or propensity to misuse, drugs;

• “resident treatment” means treatment as a resident in a particular institution or place;

• “non-resident treatment” means treatment as a non-resident at a particular institution or place;

• “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3) A youth rehabilitation order which imposes a drug treatment requirement must specify—

(a) the treatment period or treatment periods, and

(b) for each treatment period—

(i) the treatment director;

(ii) if the treatment is to be resident treatment, the institution or place where it is to be provided;

(iii) if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;

but must not otherwise specify the nature of the treatment.

Commencement Information

I503 Sch. 6 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing drug treatment requirement E+W

32 (1) A court may not include a drug treatment requirement in a youth rehabilitation order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the availability condition,

(c) the arrangements condition,

(d) the suitability condition, and

(e) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender—

(i) is dependent on drugs, or

(ii) has a propensity to misuse drugs, and

(b) that the offender's dependency or propensity—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).

(4) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 31(2)).

(5) The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

(6) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I504 Sch. 6 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Meaning of “drug” E+W

33 E+W In this Part of this Schedule, “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Commencement Information

I505 Sch. 6 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 14 E+W Drug testing requirement

Requirement E+W

34 (1) In this Code “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, during any treatment period, the offender must, for the purpose of ascertaining whether there is any drug in the offender's body during that period, provide samples in accordance with instructions given by— E+W

(a) the responsible officer, or

(b) the treatment director.

(2) A youth rehabilitation order which imposes a drug testing requirement—

(a) must specify, for each month, the minimum number of occasions when samples are to be provided, and

(b) may specify—

(i) when and in what circumstances the responsible officer or treatment director may require the offender to provide samples, and

(ii) the kinds of sample which may be required.

(3) A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer, if they are not carried out by the responsible officer.

(4) In this paragraph—

(a) “drug” has the meaning given by paragraph 33;

(b) “treatment director” and “treatment period” have the same meanings as in paragraph 31.

Commencement Information

I506 Sch. 6 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing drug testing requirement E+W

35 (1) A youth rehabilitation order may impose a drug testing requirement only if it also imposes a drug treatment requirement. E+W

(2) A court may not include a drug testing requirement in a youth rehabilitation order unless the following conditions are met—

(a) the availability condition, and

(b) the consent condition.

(3) The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I507 Sch. 6 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 15 E+W Intoxicating substance treatment requirement

Requirement E+W

36 (1) In this Code “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”) to substance abuse treatment. E+W

Such treatment may be resident treatment or non-resident treatment.

(2) In this paragraph—

• “substance abuse treatment” means treatment which is—

  (a)

  by or under the direction of a person having the necessary qualifications or experience, and

  (b)

  with a view to the reduction or elimination of the offender's dependency on or propensity to misuse intoxicating substances;

• “resident treatment” means treatment as a resident in a particular institution or place;

• “non-resident treatment” means treatment as a non-resident at a particular institution or place;

• “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3) A youth rehabilitation order which imposes an intoxicating substance treatment requirement must specify—

(a) the treatment period or treatment periods, and

(b) for each treatment period—

(i) the treatment director;

(ii) if the treatment is to be resident treatment, the institution or place where it is to be provided;

(iii) if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;

but must not otherwise specify the nature of the treatment.

Commencement Information

I508 Sch. 6 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing intoxicating substance treatment requirement E+W

37 (1) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition,

(c) the suitability condition, and

(d) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender—

(i) is dependent on intoxicating substances, or

(ii) has a propensity to misuse intoxicating substances, and

(b) that the offender's dependency or propensity—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 36(2)).

(4) The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

(5) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I509 Sch. 6 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Meaning of “intoxicating substance” E+W

38 E+W In this Part of this Schedule “intoxicating substance” means—

(a) alcohol, or

(b) any other substance or product which—

(i) can be used for the purpose of causing intoxication (whether through inhaling it or its fumes or otherwise), and

(ii) is not a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Commencement Information

I510 Sch. 6 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 16 E+W Education requirement

Requirement E+W

39 (1) In this Code “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a particular period or particular periods, with arrangements for the offender's education— E+W

(a) made for the time being by the offender's parent or guardian, and

(b) approved by a relevant authority.

(2) A youth rehabilitation order which imposes an education requirement must specify—

(a) the relevant authority for the purposes of the requirement, and

(b) the period or periods during which the offender must comply with the education arrangements.

(3) The authority specified as the relevant authority must be the local authority (within the meaning of the Education Act 1996) for the area in which the offender resides or is to reside.

(4) Any period specified must end [F332 by the relevant time].

[F333 (4A) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of—

(a) an offence of which the offender was convicted before the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, or

(b) an offender who, when the order was made, was not resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),

means the time the offender ceases to be of compulsory school age.

(4B) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of—

(a) an offence of which the offender was convicted on or after the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b) an offender who, when the order was made, was resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),

means the time at which the offender ceases to be a person to whom that Part applies or, if later, ceases to be of compulsory school age.]

(5) In this paragraph, “parent” has the same meaning as in the Education Act 1996.

Textual Amendments

F332 Words in Sch. 6 para. 39(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 21(2)

F333 Sch. 6 para. 39(4A)(4B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 21(3)

Commencement Information

I511 Sch. 6 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing education requirement E+W

40 E+W A court may not include an education requirement in a youth rehabilitation order unless—

(a) it has consulted the authority which is to be specified as the relevant authority (within the meaning of paragraph 39), and

(b) it is satisfied—

(i) that, in the view of that authority, arrangements exist for the offender to receive efficient full-time education suitable to the offender's age, ability, aptitude and special educational needs (if any), and

(ii) that, having regard to the circumstances of the case, it is necessary to include the education requirement in order to secure the good conduct of the offender or to prevent the commission of further offences.

Commencement Information

I512 Sch. 6 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F334 PART 17 E+W Electronic monitoring [F334 requirement]

Textual Amendments

F334 Word in Sch. 6 Pt. 17 heading omitted (28.4.2022 for specified purposes) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(2)

Modifications etc. (not altering text)

C139 Sch. 6 Pt. 17 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

[F335 Requirement][F335 Electronic compliance monitoring requirement] E+W

Textual Amendments

F335 Sch. 6 para. 41 cross-heading substituted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(3)

41 E+W In this Code “[F336 electronic monitoring requirement] [F336 electronic compliance monitoring requirement]”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a particular period (“the monitoring period”).

Textual Amendments

F336 Words in Sch. 6 para. 41 substituted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(4)

Commencement Information

I513 Sch. 6 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Person responsible for electronic monitoring [F337 : electronic compliance monitoring requirement] E+W

Textual Amendments

F337 Words in Sch. 6 para. 42 cross-heading inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(5)

42 (1) A youth rehabilitation order which imposes an [F338 electronic monitoring requirement][F338 electronic compliance monitoring requirement] must include provision for making a person responsible for the monitoring. E+W

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Textual Amendments

F338 Words in Sch. 6 para. 42(1) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(6); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I514 Sch. 6 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Monitoring period [F339 : electronic compliance monitoring requirement] E+W

Textual Amendments

F339 Words in Sch. 6 para. 43 cross-heading inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(7); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

43 (1) A youth rehabilitation order which imposes an [F340 electronic monitoring requirement] [F340 electronic compliance monitoring requirement] must— E+W

(a) specify the monitoring period, or

(b) provide for the responsible officer to determine the monitoring period in accordance with the order.

(2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the order.

(3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring.

Textual Amendments

F340 Words in Sch. 6 para. 43(1) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(8); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I515 Sch. 6 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F341 [F342 Electronic monitoring] [F342 Electronic compliance monitoring requirement]: general E+W

Textual Amendments

F341 Sch. 6 para. 43A and cross-heading inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 1

F342 Words in Sch. 6 para. 43A cross-heading substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(9); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

43A E+W Where a youth rehabilitation order made on or after the day on which paragraph 1 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force imposes an [F343 electronic monitoring requirement] [F343 electronic compliance 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.]

Textual Amendments

F343 Words in Sch. 6 para. 43A(1) substituted (28.6.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(10); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

[F344 Restrictions on imposing electronic monitoring][F344 Restrictions on imposing electronic compliance monitoring requirement] E+W

Textual Amendments

F344 Sch. 6 para. 44 cross-heading substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(11); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

44 (1) Where— E+W

(a) it is proposed to include an [F345 electronic monitoring requirement] [F345 electronic compliance monitoring requirement] in a youth rehabilitation order, 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.

(2) A court may not include an [F346 electronic monitoring requirement] [F346 electronic compliance monitoring requirement] in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—

(i) in the local justice area proposed to be specified in the order as the offender's home local justice area, and

(ii) for each requirement mentioned in the table in sub-paragraph (3) which the court proposes to include in the order, in the area in which the relevant place specified in the table for that requirement is situated,

(and the notice has not been withdrawn in relation to any of those areas), and

(b) the court is satisfied that the necessary provision can be made under the arrangements currently available.

(3) That table is—

Proposed requirement of youth rehabilitation order	Relevant place
Curfew requirement	The place which the court proposes to specify in the order for the purposes of that requirement.
Exclusion requirement	The prohibited place (within the meaning of paragraph 20) which the court proposes to specify in the order.
Attendance centre requirement	The attendance centre which the court proposes to specify in the order.

Textual Amendments

F345 Words in Sch. 6 para. 44(1)(a) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(12)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F346 Words in Sch. 6 para. 44(2) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(12)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I516 Sch. 6 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F347 Electronic whereabouts monitoring requirement E+W

Textual Amendments

F347 Sch. 6 paras. 45-48 and cross-headings inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(13); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

45 E+W In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.

Person responsible for electronic monitoring: electronic whereabouts monitoring order E+W

46 (1) A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring. E+W

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Electronic whereabouts monitoring requirement: general E+W

47 E+W Where a youth rehabilitation order imposes an electronic whereabouts 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.

Restrictions on imposing electronic whereabouts monitoring requirement E+W

48 (1) Where— E+W

(a) it is proposed to include an electronic whereabouts monitoring requirement in a youth rehabilitation order, 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.

(2) A court may not include an electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless—

(a) the court 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 (and the notice has not been withdrawn),

(b) the court is satisfied that—

(i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii) any other necessary provision can be made under those arrangements, and

(c) the court 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.]

Section 195

SCHEDULE 7 E+W Breach, revocation or amendment of youth rehabilitation order

Modifications etc. (not altering text)

C140 Sch. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(c), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Preliminary

Interpretation E+W

1 (1) In this Schedule, a reference (however expressed) to an offender's breach of a requirement of a youth rehabilitation order is a reference to any failure of the offender to comply— E+W

(a) with a requirement imposed by the order, or

(b) if the order imposes an attendance centre requirement, with rules made under section 394(1)(d) or (e) (attendance centre rules).

(2) For the purposes of this Schedule—

(a) a requirement falling within any Part of Schedule 6 is of the same kind as any other requirement falling within that Part, and

(b) an [F348 electronic monitoring requirement] [F348 electronic compliance monitoring requirement] is a requirement of the same kind as any other youth rehabilitation requirement to which it relates.

Textual Amendments

F348 Words in Sch. 7 para. 1(2)(b) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 13(2); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I517 Sch. 7 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth rehabilitation order subject to magistrates' court supervision E+W

2 E+W For the purposes of this Schedule—

(a) “Crown Court youth rehabilitation order” means a youth rehabilitation order which—

(i) was made by the Crown Court, and

(ii) does not include a direction under section 189 (power for Crown Court to direct magistrates' court supervision);

(b) a youth rehabilitation order is “subject to magistrates' court supervision” if it—

(i) was made by a magistrates' court, or

(ii) was made by the Crown Court and includes a direction under that section.

Commencement Information

I518 Sch. 7 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

3 E+W Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is treated—

(a) if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

as having been made by the Crown Court.

Commencement Information

I519 Sch. 7 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Breach of requirement of order

Duty to give warning or lay information relating to breach of order E+W

4 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a youth rehabilitation order. E+W

(2) Sub-paragraph (3) applies if—

(a) the breach occurred during a warned period relating to an earlier breach of the order, and

(b) during that warned period the offender had been given a further warning in relation to the order.

(3) The responsible officer must cause an information to be laid before a justice of the peace in respect of that breach unless of the opinion that there are exceptional circumstances which justify not doing so.

(4) If sub-paragraph (3) does not apply, the responsible officer must either—

(a) give the offender a warning under this paragraph, or

(b) cause an information to be laid before a justice of the peace in respect of that breach.

(5) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that the offender will be liable to be brought before a court if the offender breaches a requirement of the order again—

(i) more than once during the warned period, or

(ii) if the warning is given during the warned period relating to an earlier breach of the order, during that warned period.

(6) For the purposes of this paragraph, “warned period”, in relation to a breach of a requirement of the youth rehabilitation order, means the period of 12 months beginning with the date on which a warning is given under this paragraph in relation to the breach.

(7) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I520 Sch. 7 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace E+W

5 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force, and

(b) it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a Crown Court youth rehabilitation order, before the Crown Court, and

(b) in any other case, before the appropriate court.

(4) In sub-paragraph (3), “appropriate court” means—

(a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(5) In sub-paragraph (4), “relevant local justice area” means—

(a) the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, the offender's home local justice area.

(6) Sub-paragraphs (7) and (8) apply where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to it.

(7) If the summons required the offender to appear before the Crown Court, the Crown Court may—

(a) if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or

(b) in any case, issue a warrant for the arrest of the offender.

(8) If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.

Commencement Information

I521 Sch. 7 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of magistrates' court E+W

6 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before a youth court or other magistrates' court under paragraph 5, and

(b) it is proved to the satisfaction of the court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2) The court may deal with the case under sub-paragraph (5).

(3) If the youth rehabilitation order was made by the Crown Court, the court may instead—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4) Where a court deals with the offender's case under sub-paragraph (3) it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has breached the youth rehabilitation order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5) Where the court deals with the case under this sub-paragraph, it may deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c) by re-sentencing the offender for the relevant offence.

(6) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the court has just convicted the offender of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(7) Sub-paragraph (5)(b) is subject to paragraph 10.

(8) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(9) Where the court—

(a) deals with the offender under sub-paragraph (5)(b), and

(b) does not act in the offender's home local justice area,

it may exercise the power in paragraph 15 (amendment by reason of change of residence) as if it were the appropriate court for the purposes of that paragraph.

(10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the youth rehabilitation order if it is still in force.

(11) An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (5)(c).

Commencement Information

I522 Sch. 7 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

7 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 6(3), and

(b) it is proved to the satisfaction of that court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2) The Crown Court may deal with the offender in respect of that breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c) by re-sentencing the offender for the relevant offence.

(3) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted of the relevant offence by or before the court dealing with the offender, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(4) Sub-paragraph (2)(b) is subject to paragraph 10.

(5) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(6) Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I523 Sch. 7 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction of powers in paragraphs 6 and 7 where treatment required E+W

8 (1) Sub-paragraph (2) applies where the offender— E+W

(a) is required by a treatment requirement of the youth rehabilitation order to submit to treatment, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 6 or 7 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

(3) In this paragraph, “treatment requirement” means—

(a) a mental health treatment requirement,

(b) a drug treatment requirement, or

(c) an intoxicating substance treatment requirement.

Commencement Information

I524 Sch. 7 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Fines imposed under paragraphs 6 and 7 E+W

9 (1) A fine imposed under paragraph 6(5)(a) or 7(2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. E+W

(2) Where—

(a) a court is dealing with an offender for breach of a requirement of a youth rehabilitation order,

(b) the offender is aged under 18, and

(c) but for this sub-paragraph, the court would impose a fine under paragraph 6(5)(a) or 7(2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Commencement Information

I525 Sch. 7 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 6 and 7 to impose other requirements: further provisions E+W

10 (1) This paragraph applies where— E+W

(a) the magistrates' court deals with the offender under paragraph 6(5)(b), or

(b) the Crown Court deals with the offender under paragraph 7(2)(b).

(2) Paragraphs 6(5)(b) and 7(2)(b) have effect subject to any provision that applies to the court in making a youth rehabilitation order as if the court were imposing the requirements on making the order.

That is subject to the following provisions of this paragraph and to paragraph 11.

(3) Subject to sub-paragraph (4), any requirement imposed under paragraph 6(5)(b) or 7(2)(b) must be capable of being complied with before the end date.

(4) In dealing with an offender under paragraph 6(5)(b) or 7(2)(b) the court may substitute a later date for the end date.

(5) A date substituted under sub-paragraph (4)—

(a) must not be more than 6 months after the existing end date;

(b) subject to that, may be more than 3 years after the date on which the order took effect.

(6) Once the power in sub-paragraph (4) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(7) Where—

(a) in dealing with the offender under paragraph 6(5)(b) or 7(2)(b), the court imposes an unpaid work requirement, and

(b) the youth rehabilitation order does not already contain an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 10(3) of Schedule 6) must not, in aggregate, be less than 20.

(8) The court may not under paragraph 6(5)(b) or 7(2)(b) impose—

(a) an extended activity requirement, or

(b) a fostering requirement,

if the order does not already impose such a requirement.

(9) Sub-paragraph (10) applies where—

(a) the order includes a fostering requirement (the “original requirement”), and

(b) under paragraph 6(5)(b) or 7(2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(10) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a) within 18 months beginning with the day on which the original requirement first took effect, and

(b) before the offender reaches the age of 18.

Commencement Information

I526 Sch. 7 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance E+W

11 (1) This paragraph applies where— E+W

(a) the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and

(b) the offender has wilfully and persistently failed to comply with the youth rehabilitation order.

(2) The court may impose a youth rehabilitation order with intensive supervision and surveillance even if—

(a) the offence is not an imprisonable offence, or

(b) the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate).

(3) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b) the offence is an imprisonable offence,

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence).

(4) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and

(b) the offence is not an offence punishable with imprisonment,

the court's powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months.

Commencement Information

I527 Sch. 7 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Revocation of order with or without re-sentencing

Youth rehabilitation order subject to magistrates' court supervision E+W

12 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order subject to magistrates' court supervision is in force in respect of an offender,

(b) the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph.

(2) In this paragraph, “the appropriate court” means—

(a) if the offender is aged under 18 when the application under sub-paragraph (1) is made, a youth court acting in the offender's home local justice area, and

(b) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.

(3) No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(4) Unless the application was made by the offender, the appropriate court—

(a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(5) If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the appropriate court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(6) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (5) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(7) If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

(9) If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the appropriate court.

Commencement Information

I528 Sch. 7 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crown Court youth rehabilitation order E+W

13 (1) This paragraph applies where a Crown Court youth rehabilitation order is in force and— E+W

(a) the offender, or

(b) the responsible officer,

makes an application to the Crown Court under this sub-paragraph.

(2) No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(3) Unless the application was made by the offender, the Crown Court—

(a) must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(4) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(5) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (4) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(6) If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(7) If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the Crown Court.

Commencement Information

I529 Sch. 7 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Amendment of order

Appropriate court E+W

14 E+W In this Part of this Schedule, “the appropriate court”, in relation to an application relating to a youth rehabilitation order, means—

(a) if the order is subject to magistrates' court supervision—

(i) if the offender is aged under 18 when the application is made, a youth court acting in the offender's home local justice area, and

(ii) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area;

(b) if the order is a Crown Court youth rehabilitation order, the Crown Court.

Commencement Information

I530 Sch. 7 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment by appropriate court E+W

15 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force, and

(b) an application for the amendment of the order is made to the appropriate court by—

(i) the offender, or

(ii) the responsible officer.

(2) If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (a “new local justice area”) other than the offender's home local justice area for the time being specified in the order, the court—

(a) must, if the responsible officer made the application under sub-paragraph (1)(b), or

(b) may, in any other case,

amend the youth rehabilitation order to specify the new local justice area as the offender's home local justice area.

This is subject to paragraph 16.

(3) The appropriate court may by order amend the youth rehabilitation order—

(a) by cancelling any of the youth rehabilitation requirements of the order, or

(b) by replacing any of those requirements with a youth rehabilitation requirement of the same kind which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

This is subject to paragraph 17.

(4) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted by or before the appropriate court of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

Commencement Information

I531 Sch. 7 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers under paragraph 15(2): further provision E+W

16 (1) This paragraph applies where— E+W

(a) an application has been made under paragraph 15(1)(b) in respect of a youth rehabilitation order, and

(b) the court proposes to exercise its powers under paragraph 15(2) to specify a new local justice area in the order.

(2) Sub-paragraphs (3) and (4) apply if the youth rehabilitation order contains one or more requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the area then specified as the offender's home local justice area (each, a “specific area requirement”).

(3) The court may not amend the order under paragraph 15(2) to specify a new local justice area unless it also exercises the power in paragraph 15(3) (by cancelling or substituting each specific area requirement) so that the order can be complied with if the offender resides in the new local justice area.

(4) If the application was made by the responsible officer, the court must exercise the power in paragraph 15(3) in that way unless it considers it inappropriate to do so.

(5) Sub-paragraph (6) applies if the youth rehabilitation order imposes a programme requirement.

(6) The court may not amend the order under paragraph 15(2) unless it is satisfied that a programme which—

(a) corresponds as nearly as practicable to the programme specified in the order for the purposes of the programme requirement, and

(b) is suitable for the offender,

is available in the new local justice area.

Commencement Information

I532 Sch. 7 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers under paragraph 15(3)(b): further provision E+W

17 (1) Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless— E+W

(a) the application under paragraph 15(1)(b) was made by the offender, or

(b) the court would exercise the powers only to—

(i) replace any requirement of the youth rehabilitation order with one of a shorter duration, or

(ii) substitute a new local justice area or place for one specified in the order.

(2) If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender's arrest.

(3) Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date.

This is subject to paragraph 18.

(4) Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b).

That is subject to the following provisions of this paragraph and paragraphs 18 and 19.

(5) Sub-paragraph (6) applies where—

(a) the order includes a fostering requirement (the “original requirement”), and

(b) under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(6) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a) within 18 months beginning with the day on which the original requirement first took effect, and

(b) before the offender reaches the age of 18.

(7) The court may not under paragraph 15(3)(b) impose—

(a) a mental health treatment requirement,

(b) a drug treatment requirement, or

(c) a drug testing requirement,

unless the offender has expressed willingness to comply with the requirement.

(8) If the offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 15(3)(b), the court may—

(a) revoke the youth rehabilitation order, and

(b) re-sentence the offender for the offence in respect of which the order was made.

(9) If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Commencement Information

I533 Sch. 7 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of order E+W

18 (1) The appropriate court may, on the application of— E+W

(a) the offender, or

(b) the responsible officer,

amend a youth rehabilitation order by substituting a later date for the end date.

(2) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

(3) A date substituted under sub-paragraph (1)—

(a) must not be more than 6 months after the existing end date;

(b) subject to that, may be more than 3 years after the date on which the order took effect.

(4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

Commencement Information

I534 Sch. 7 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of unpaid work requirement E+W

19 (1) This paragraph applies where a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender. E+W

(2) The appropriate court may, on the application of—

(a) the offender, or

(b) the responsible officer,

extend the period of 12 months specified in paragraph 10(1)(b) of Schedule 6, if it appears to the appropriate court to be in the interests of justice to do so having regard to circumstances which have arisen since the order was made.

(3) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

Commencement Information

I535 Sch. 7 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Conviction of further offence

Powers of magistrates' court following subsequent conviction E+W

20 E+W Paragraphs 21 and 22 apply where—

(a) a youth rehabilitation order (“the existing youth rehabilitation order”) is in force in respect of an offender, and

(b) the offender is convicted of an offence (the “further offence”) by a youth court or other magistrates' court (“the convicting court”).

Commencement Information

I536 Sch. 7 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

21 (1) This paragraph applies if— E+W

(a) the existing youth rehabilitation order is subject to magistrates' court supervision, and

(b) the convicting court is dealing with the offender for the further offence.

(2) If it appears to the convicting court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the convicting court may—

(a) revoke the youth rehabilitation order, or

(b) both—

(i) revoke the youth rehabilitation order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the convicting court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the court may issue a warrant for the offender's arrest.

(5) If the convicting court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I537 Sch. 7 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 (1) Sub-paragraph (2) applies if— E+W

(a) the existing youth rehabilitation order was made by the Crown Court but is subject to magistrates' court supervision, and

(b) the convicting court would, but for this paragraph, deal with the offender for the further offence.

(2) The convicting court may, instead of proceeding under paragraph 21—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought before the Crown Court.

(3) Sub-paragraph (4) applies if the youth rehabilitation order is a Crown Court youth rehabilitation order.

(4) The convicting court may—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(5) Where the convicting court deals with an offender's case under sub-paragraph (2) or (4), it must send the Crown Court such particulars of the case as may be desirable.

(6) Unless the offender is before it, the convicting court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(7) If the offender fails to appear in answer to a summons under sub-paragraph (6) the court may issue a warrant for the offender's arrest.

Commencement Information

I538 Sch. 7 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court following subsequent conviction E+W

23 (1) This paragraph applies where a youth rehabilitation order is in force in respect of an offender, and the offender— E+W

(a) is convicted by the Crown Court of an offence, or

(b) is brought or appears before the Crown Court—

(i) by virtue of paragraph 22(2) or (4), or

(ii) having been committed by a magistrates' court to the Crown Court for sentence.

(2) If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.

(5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6) If the offender is brought or appears before the Crown Court by virtue of paragraph 22(2) or (4), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.

(7) In sub-paragraph (6), “further offence” and “the convicting court” have the meanings given by paragraph 20.

Commencement Information

I539 Sch. 7 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Supplementary

Warrants E+W

24 (1) Sub-paragraph (2) applies where an offender— E+W

(a) is arrested under a warrant issued by virtue of this Schedule, and

(b) cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

(2) The person in whose custody the offender is—

(a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates' court other than a youth court.

(3) In the case of a warrant issued by the Crown Court, section 81(5) of the Senior Courts Act 1981 (duty to bring person before magistrates' court) does not apply.

(4) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

Commencement Information

I540 Sch. 7 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 (1) This paragraph applies where the court before which the offender is brought under paragraph 24(2) (“the alternative court”) is not the relevant court. E+W

(2) If the relevant court is a magistrates' court—

(a) the alternative court may—

(i) direct that the offender be released forthwith, or

(ii) remand the offender, and

(b) section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court.

(3) If the relevant court is the Crown Court, section 43A of the Magistrates' Courts Act 1980 (functions of magistrates' court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)—

(a) the words “issued by the Crown Court” were omitted, and

(b) the reference to section 81(5) of the Senior Courts Act 1981 were a reference to paragraph 24(2)(b).

(4) If the offender is aged under 18, any power conferred by section 43A or 128 of the Magistrates' Courts Act 1980 to remand the offender in custody is to be taken to be a power to remand the offender to accommodation provided by or on behalf of a local authority.

(5) If the court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.

(6) In this paragraph “relevant court” has the same meaning as in paragraph 24.

Commencement Information

I541 Sch. 7 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Adjournment of proceedings E+W

26 (1) This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing.

(3) Where the court adjourns the hearing under sub-paragraph (2), it may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(4) Where the court remands the offender under sub-paragraph (3)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) the remand must require the offender to be brought before the court at that time and place.

(5) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place of the resumed hearing—

(i) the offender,

(ii) if the offender is aged under 14, a parent or guardian of the offender, and

(iii) the responsible officer.

(6) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(7) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I542 Sch. 7 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies of orders etc E+W

27 (1) This paragraph applies on the making of an order by a court under this Schedule revoking or amending a youth rehabilitation order. E+W

(2) The court must forthwith provide copies of the revoking or amending order to—

(a) the offender,

(b) if the offender is aged under 14, to the offender's parent or guardian, and

(c) the responsible officer.

(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also forthwith provide a copy of the amending order to—

(a) a provider of probation services operating in that area, and

(b) the magistrates' court acting in that area.

(4) If the court amends the youth rehabilitation order by imposing or cancelling a requirement specified in column 1 of the table in sub-paragraph (6), it must also forthwith provide the person specified for that requirement in column 2 with a copy of so much of the amending order as relates to that requirement.

(5) If the court revokes the youth rehabilitation order, for each requirement specified in column 1 of that table that the order imposed, the court must forthwith provide the person specified for that requirement in column 2 of that table with a copy of the revoking order.

(6) That table is—

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected
A residence requirement requiring residence with an individual.	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.	The person in charge of the institution
A local authority residence requirement.	The local authority specified under paragraph 24(3)(b) of Schedule 6
A mental health treatment requirement.	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.	The relevant authority specified under paragraph 39(2)(a) of Schedule 6
[F349 An electronic monitoring requirement] [F349 An electronic compliance monitoring requirement].	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.
[F350 An electronic whereabouts monitoring requirement	Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order.]

(7) If the youth rehabilitation order is revoked by a magistrates' court acting in a local justice area other than the offender's home local justice area, the court must forthwith provide a copy of the revoking order to a magistrates' court acting in the offender's home local justice area.

(8) Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

Textual Amendments

F349 Words in Sch. 7 para. 27(6) Table substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 13(3)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F350 Words in Sch. 7 para. 27(6) Table inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 13(3)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I543 Sch. 7 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 196

SCHEDULE 8 E+W+N.I. Transfer of youth rehabilitation orders to Northern Ireland

Modifications etc. (not altering text)

C141 Sch. 8 applied (with modifications) by 2008 c. 4, s. 39(6)(d), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W+N.I. Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender will reside in Northern Ireland E+W+N.I.

1 (1) This paragraph applies where— E+W+N.I.

(a) a youth rehabilitation order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a youth rehabilitation order is made, will reside there when the order takes effect.

(2) The court may make a youth rehabilitation order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by—

(i) the Probation Board for Northern Ireland, or

(ii) any other designated body, and

(b) the order will satisfy paragraphs 4 to 6.

Commencement Information

I544 Sch. 8 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of youth rehabilitation order where offender will reside in Northern Ireland E+W+N.I.

2 (1) This paragraph applies where— E+W+N.I.

(a) a youth rehabilitation order is in force,

(b) the appropriate court (within the meaning given in paragraph 14 of Schedule 7) is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by—

(i) the Probation Board for Northern Ireland, or

(ii) any other designated body.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 7 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 to 6.

Commencement Information

I545 Sch. 8 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W+N.I. Requirements etc: availability and modifications of Schedule 6

Requirements: availability and restrictions E+W+N.I.

3 E+W+N.I. This Part of this Schedule applies where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Commencement Information

I546 Sch. 8 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W+N.I. The order must not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

Commencement Information

I547 Sch. 8 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— E+W+N.I.

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an activity requirement (including an extended activity requirement);

(b) an unpaid work requirement;

(c) a programme requirement;

(d) an attendance centre requirement;

(e) a mental health treatment requirement;

(f) a drug treatment requirement;

(g) a drug testing requirement;

(h) an education requirement;

(i) [F351 an electronic monitoring requirement] [F351 an electronic compliance monitoring requirement].

[F352 (j) an electronic whereabouts monitoring requirement.]

Textual Amendments

F351 Words in Sch. 8 para. 5(2)(i) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 14(2)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F352 Sch. 8 para. 5(2)(j) inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 14(2)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I548 Sch. 8 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W+N.I. The number of hours, days or months in respect of which any requirement of the order is imposed must not be greater than the number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

Commencement Information

I549 Sch. 8 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further provisions where offender resides or will reside in Northern Ireland E+W+N.I.

7 E+W+N.I. In a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule, Chapter 1 of this Part of this Code (youth rehabilitation orders) has effect as if—

(a) any reference to the responsible officer were a reference to the person who is to be responsible for the offender's supervision under the order;

(b) section 188 (offender's home local justice area to be specified in order) were omitted;

(c) the following provisions of Schedule 6 were omitted—

(i) paragraph 8(a)(i) (consultation of member of youth offending team);

(ii) paragraphs 8(b), 11(1)(b) and 15(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement);

(iii) paragraph 23(4) (residence requirement: restriction on requiring residence at hostel or other institution);

(iv) paragraphs 32(1)(b) and (3) and 35(2)(a) and (3) (availability of requirements to be notified by Secretary of State: drug treatment and testing and electronic monitoring);

(v) paragraph 42(2) (persons responsible for electronic monitoring);

(vi) paragraph 44(2) and (3) (availability of requirements for [F353 electronic monitoring] [F353 electronic compliance monitoring]);

[F354 (vii) paragraph 48(2) (availability of requirements for electronic whereabouts monitoring;]

(d) in Part 5 of that Schedule (attendance centre requirement), any reference to an attendance centre were to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N. I. 9));

(e) in paragraph 28 of that Schedule (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident patient at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by the Department of Health in Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(f) in Part 16 of that Schedule (education requirement) references to a relevant authority were to the Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)).

Textual Amendments

F353 Words in Sch. 8 para. 7(c)(vi) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 14(3)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F354 Sch. 8 para. 7(c)(vii) inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 14(3)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I550 Sch. 8 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W+N.I. Making or amendment of order in accordance with Part 1 of this Schedule

Application E+W+N.I.

8 E+W+N.I. This Part of this Schedule applies in a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Commencement Information

I551 Sch. 8 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explanation to be given by court before order is made or amended E+W+N.I.

9 E+W+N.I. Before making or amending the youth rehabilitation order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 15(1) (order to be treated as corresponding order),

(b) the requirements of the legislation in Northern Ireland relating to corresponding orders,

(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d) its own powers in relation to the youth rehabilitation order under Part 4 of this Schedule.

Commencement Information

I552 Sch. 8 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order E+W+N.I.

10 (1) The youth rehabilitation order must specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland. E+W+N.I.

(2) If the youth rehabilitation order is made by the Crown Court and includes a direction under section 189, the order must specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England and Wales for the purposes of this Schedule.

Commencement Information

I553 Sch. 8 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies E+W+N.I.

11 (1) The court which makes or amends the youth rehabilitation order must forthwith— E+W+N.I.

(a) provide each of the persons mentioned in sub-paragraph (2) with a copy of the order as made or amended, and

(b) provide the home court with—

(i) a copy of the order as made or amended, and

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Those persons are—

(a) the offender,

(b) if the offender is aged under 14—

(i) the offender's parent or guardian, or

(ii) if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority, and

(c) the body which is to make suitable arrangements for the offender's supervision under the order.

(3) In sub-paragraph (2)(b)(ii)—

(a) “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b) the reference to an offender who is looked after by an authority is to be construed in accordance with Article 25 of that Order, and

(c) “parental responsibility” has the same meaning as in that Order.

(4) If the court—

(a) makes a youth rehabilitation order which imposes a requirement specified in column 1 of the following table, or

(b) amends a youth rehabilitation order so as to impose or amend such a requirement,

the court must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the youth rehabilitation order or amending order as relates to the requirement—

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected
A residence requirement requiring residence with an individual.	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.	The person in charge of the institution
A mental health treatment requirement.	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.	The Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.))
[F355 An electronic monitoring requirement] [F355 An electronic compliance monitoring requirement].	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not have been included in the order.
[F356 An electronic whereabouts monitoring requirement	Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order.]

(5) This paragraph has effect in place of section 190.

Textual Amendments

F355 Words in Sch. 8 para. 11(4) Table substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 14(4)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F356 Words in Sch. 8 para. 11(4) Table inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 14(4)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I554 Sch. 8 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W+N.I. Effect of order made or amended in accordance with Part 1 of this Schedule

Application E+W+N.I.

12 E+W+N.I. This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.

Commencement Information

I555 Sch. 8 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty of offender to keep in touch with relevant officer E+W+N.I.

13 (1) The offender— E+W+N.I.

(a) must keep in touch with the relevant officer in accordance with any instructions the relevant officer may give the offender from time to time, and

(b) must notify the relevant officer of any change of address.

(2) This obligation has effect as if it were a youth rehabilitation requirement of the youth rehabilitation order.

(3) This paragraph has effect in place of section 193.

Commencement Information

I556 Sch. 8 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction E+W+N.I.

14 E+W+N.I. Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before a court of summary jurisdiction.

Commencement Information

I557 Sch. 8 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Effect of the youth rehabilitation order in Northern Ireland E+W+N.I.

15 (1) The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly. E+W+N.I.

(2) Sub-paragraph (1) is subject to the following provisions of this Part of this Schedule.

Commencement Information

I558 Sch. 8 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of the home court in respect of the youth rehabilitation order E+W+N.I.

16 (1) The home court may exercise any relevant local power in relation to the youth rehabilitation order, subject to the following restrictions. E+W+N.I.

(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders.

(3) The home court may not discharge or revoke the order.

(4) But that does not prevent the home court from exercising a power to revoke the order where—

(a) the offender has been convicted of a further offence, and

(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5) The home court may not deal with the offender for the offence in respect of which the youth rehabilitation order was made.

(6) If the youth rehabilitation order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 18 of Schedule 6) that could not be specified by a court in England and Wales if, applying the relevant assumptions, it were imposing the requirement.

(7) For that purpose, “the relevant assumptions” are that the offender—

(a) has just been convicted by or before the court in England and Wales of the offence in respect of which the youth rehabilitation order was made, but

(b) is the same age as when in fact convicted of the offence.

Commencement Information

I559 Sch. 8 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 (1) The home court may require the offender to appear before the relevant court in England and Wales if sub-paragraph (2) or (3) applies. E+W+N.I.

(2) This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate in Northern Ireland that the offender has breached one or more requirements of the order.

(3) This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for any of the following powers to be exercised—

(a) a power conferred by Part 3 of Schedule 7 (revocation of order with or without re-sentencing);

(b) a power conferred by paragraph 15 of that Schedule (amendment by appropriate court).

Commencement Information

I560 Sch. 8 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of requirement: certificate of home court E+W+N.I.

18 (1) Where the home court requires the offender to appear before the relevant court in England and Wales by virtue of paragraph 17(2) (breach of a requirement of the order) the home court must send the court in England and Wales— E+W+N.I.

(a) a certificate certifying that the offender has breached a requirement of the order specified in the certificate, and

(b) such other particulars of the case as may be desirable.

(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the breach before the relevant court in England or Wales.

Commencement Information

I561 Sch. 8 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court in England or Wales where offender required to appear under paragraph 17 E+W+N.I.

19 (1) This paragraph applies where under paragraph 17 the home court requires the offender to appear before the relevant court in England and Wales. E+W+N.I.

(2) The relevant court may issue a warrant for the offender's arrest.

(3) The relevant court may exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales.

This is subject to paragraph 20.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to the relevant officer.

Commencement Information

I562 Sch. 8 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20 (1) This paragraph applies where— E+W+N.I.

(a) the relevant court in England and Wales is exercising a power to amend a youth rehabilitation order by virtue of paragraph 19(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the youth rehabilitation order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by—

(a) the Probation Board for Northern Ireland, or

(b) any other designated body.

(3) The court may not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

(4) The court may not amend the youth rehabilitation order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The court may not—

(a) impose a requirement, or

(b) amend a requirement imposed by the youth rehabilitation order,

so that it is imposed in respect of more hours, days or months than the maximum number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

(6) The following apply in relation to the amendment of the youth rehabilitation order by virtue of paragraph 19(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 7,

(b) paragraphs 8 to 17.

Commencement Information

I563 Sch. 8 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W+N.I. Interpretation

21 (1) For the purposes of this Schedule, in relation to a youth rehabilitation order— E+W+N.I.

• “breach”, in relation to a requirement of the order, means a failure to comply with it, and related expressions are to be read accordingly;

• “corresponding order” means the order specified under paragraph 10(1);

• “home court” means—

  (a)

  a court of summary jurisdiction in Northern Ireland, or

  (b)

  where the youth rehabilitation order was made or amended by the Crown Court and the Crown Court in Northern Ireland has not made a direction under paragraph 14, the Crown Court in Northern Ireland;

• “supervision” means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order;

• “the relevant court in England and Wales” means—

  (a)

  the court in England and Wales which made or which last amended the order, or

  (b)

  if the order was made by the Crown Court and includes a direction under section 189, such youth court or other magistrates' court as may be specified in the order;

• “the relevant officer” means the person responsible for the offender's supervision under the order.

(2) In this Schedule “designated body” means a body designated for the purposes of this Part of this Schedule by the Secretary of State by regulations.

(3) Regulations under sub-paragraph (2) are subject to the negative resolution procedure.

Commencement Information

I564 Sch. 8 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sections 200 and 286

SCHEDULE 9 E+W Community orders and suspended sentence orders: requirements

Modifications etc. (not altering text)

C142 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C143 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C144 Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C145 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Unpaid work requirement

Requirement and obligation of offender E+W

1 (1) In this Code “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to— E+W

(a) the work to be performed, and

(b) the times, during a period of 12 months, at which the offender is to perform it.

(2) Sub-paragraph (1)(b) is subject to—

(a) paragraph 21 of Schedule 10 (community order: power to extend unpaid work requirement);

(b) paragraph 27 of Schedule 16 (suspended sentence order: extension of unpaid work requirement).

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C147 Sch. 9 para. 1(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I565 Sch. 9 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Number of hours of unpaid work to be specified in order E+W

2 (1) The number of hours which a person may be required to work under an unpaid work requirement— E+W

(a) must be specified in the relevant order, and

(b) must, in aggregate, be—

(i) not less than 40, and

(ii) not more than 300.

(2) Sub-paragraph (1)(b)(i) is subject to paragraph 13(4) of Schedule 10 (breach of community order: power to impose unpaid work requirement).

(3) Sub-paragraph (4) applies where the court—

(a) makes relevant orders in respect of two or more offences of which the offender is convicted on the same occasion, and

(b) includes unpaid work requirements in each of them.

(4) The court may direct that the hours of work specified in any of those requirements is to be—

(a) concurrent with, or

(b) additional to,

those specified in any other of those orders.

But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C148 Sch. 9 para. 2(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I566 Sch. 9 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing unpaid work requirement E+W

3 (1) A court may not include an unpaid work requirement in a relevant order unless it is satisfied— E+W

(a) that the offender is a suitable person to perform work under such a requirement, and

(b) 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 offender's home local justice area.

(2) In making a decision under sub-paragraph (1)(a), the court must (if it thinks necessary) hear an officer of a provider of probation services.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C149 Sch. 9 para. 3 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I567 Sch. 9 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Rehabilitation activity requirement

Requirement E+W

4 (1) In this Code “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 do either or both of the following— E+W

(a) attend appointments;

(b) participate in activities.

(2) The maximum number of days on which the offender may be instructed to participate in activities must be specified in the relevant order.

(3) In this paragraph “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.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I568 Sch. 9 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Instructions given by responsible officer E+W

5 (1) Any instructions given by the responsible officer pursuant to the rehabilitation activity requirement must be given with a view to promoting the offender's rehabilitation. E+W

(2) Sub-paragraph (1) does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.

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

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

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

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

(5) The references in sub-paragraph (4)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority.

(6) The activities that a responsible officer may instruct the offender to participate in include—

(a) activities forming an accredited programme (see paragraph 6(2));

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

(7) For the purposes of sub-paragraph (6)(b), an activity is a restorative justice activity if—

(a) the participants consist of, or include, the offender and any victim or 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.

(8) In sub-paragraph (7) “victim” means a victim of, or other person affected by, the offending concerned.

(9) 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.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I569 Sch. 9 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Programme requirement

6 (1) In this Code “programme requirement”, in relation to a relevant order, means a requirement that the offender must— E+W

(a) in accordance with instructions given by the responsible officer participate in an accredited programme at a particular place, and

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

(2) In this Code “accredited programme” means a programme that is for the time being accredited by the Secretary of State for the purposes of this paragraph.

(3) Any programme that immediately before 1 May 2008 was accredited for the purposes of section 202 of the Criminal Justice Act 2003 is treated as accredited by the Secretary of State for the purposes of this paragraph.

(4) In this paragraph “programme” means a systematic set of activities.

(5) Where a relevant order includes a programme requirement—

(a) the order must specify the number of days on which the offender is to be required to participate in an accredited programme under the requirement;

(b) it is for the responsible officer to specify—

(i) the accredited programme in which the offender is to participate, and

(ii) the place at which the offender is to do so.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I570 Sch. 9 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Prohibited activity requirement

Requirement E+W

7 (1) In this Code “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities— E+W

(a) on one or more particular days, or

(b) for a particular period.

(2) Where the court makes a relevant order imposing a prohibited activity requirement, the following must be specified in the order—

(a) the activities from which the offender must refrain;

(b) the day or days on which, or the period for which, the offender must refrain from those activities.

(3) A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I571 Sch. 9 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing prohibited activity requirement E+W

8 E+W A court may not include a prohibited activity requirement in a relevant order unless it has consulted an officer of a provider of probation services.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I572 Sch. 9 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Curfew requirement

Requirement E+W

9 (1) In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. E+W

(2) A relevant order which imposes a curfew requirement must specify—

(a) the curfew periods, and

(b) the place at which the offender must remain for each curfew period.

(3) Different places or different curfew periods may be specified for different days.

(4) The curfew periods specified must amount to—

(a) not less than 2 hours in any day, F357 ...

(b) not more than [F358 the relevant number of hours] in any day [F359 , and

(c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.]

[F360 (4A) In sub-paragraph (4) “the relevant number of hours” means—

(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and

(b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours.]

(5) The specified curfew periods must fall within [F361 the relevant period] beginning with the day on which the requirement first takes effect.

[F362 (6) In sub-paragraph (5) “the relevant period” means—

(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and

(b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.]

Textual Amendments

F357 Word in Sch. 9 para. 9(4)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(2)(a), 208(5)(q)

F358 Words in Sch. 9 para. 9(4)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(2)(b), 208(5)(q)

F359 Sch. 9 para. 9(4)(c) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(2)(c), 208(5)(q)

F360 Sch. 9 para. 9(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(3), 208(5)(q)

F361 Words in Sch. 9 para. 9(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(4), 208(5)(q)

F362 Sch. 9 para. 9(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(5), 208(5)(q)

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C150 Sch. 9 para. 9(1)-(4) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2) and as amended (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 150(8)(b))

C151 Sch. 9 para. 9(4A) applied (with modifications) (28.6.2022) by 2003 c. 44, Sch. 19A paras. 2, 3 (as amended by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(8), 208(5)(q))

Commencement Information

I573 Sch. 9 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements where court imposes curfew requirement E+W

10 (1) Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified in the order. E+W

(2) That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.

(3) Where the court makes a relevant order imposing a curfew requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a) it is prevented from doing so by—

(i) paragraph 33 (consent of person whose co-operation is required), or

(ii) paragraph 34(1) (arrangements in relevant area), or

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

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C152 Sch. 9 para. 10(1)(2) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I574 Sch. 9 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F363 Power of responsible officer to vary curfew requirement E+W

Textual Amendments

F363 Sch. 9 para. 10A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 151(2), 208(5)(q)

10A (1) This paragraph applies where— E+W

(a) a relevant order is in force,

(b) the order is in respect of an offence of which the offender was convicted on or after the day on which section 151 of the Police, Crime, Sentencing and Courts Act 2022 came into force,

(c) the order includes a curfew requirement imposed under paragraph 9, and

(d) the responsible officer considers that the variation condition is met.

(2) The variation condition is met if, having regard to a change in the offender’s circumstances since the relevant order was made, it is appropriate to—

(a) vary the start time of any of the curfew periods;

(b) vary the relevant place in relation to any of those periods.

(3) The responsible officer may, with the consent of the offender, give the offender notice (a “variation notice”) specifying—

(a) the new start time of such of the curfew periods as are specified in the notice;

(b) the new relevant place for such of the curfew periods as are so specified.

(4) The effect of a variation notice is to vary the relevant order as specified in the notice, with effect from the date so specified.

(5) A variation notice may specify different variations of the start time, or of the relevant place, for different days.

(6) Before giving a variation notice containing provision pursuant to sub-paragraph (3)(b), the responsible officer must obtain and consider information about each place proposed to be specified in the notice.

(7) That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.

(8) A variation notice must not—

(a) vary the length of any of the offender’s curfew periods;

(b) in a case where the relevant order includes a residence requirement under paragraph 13, vary the relevant place in a way that is inconsistent with that requirement;

(c) make any variation prohibited by sub-paragraph (9).

(9) A variation is prohibited by this sub-paragraph if—

(a) the relevant order concerned includes an electronic compliance monitoring requirement imposed under paragraph 10(3) (a “monitoring requirement”), and

(b) the responsible officer considers that, if the court had made the relevant order imposing the curfew requirement as varied by the variation, the court—

(i) would not have imposed the monitoring requirement, or

(ii) would have imposed a different monitoring requirement.

(10) The responsible officer must give the appropriate court—

(a) a copy of a variation notice given under this paragraph, and

(b) evidence of the offender’s consent to the notice.

(11) In this paragraph—

(a) “appropriate court”—

(i) in relation to a community order, has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule);

(ii) in relation to a suspended sentence order, has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);

(b) “curfew periods”, in relation to a relevant order, means the periods specified in the order under paragraph 9(2)(a);

(c) “relevant place”, in relation to a curfew period, means the place specified under paragraph 9(2)(b) at which the offender is required to remain for that period;

(d) “start time”, in relation to a curfew period, means the time at which the period is required to start pursuant to the relevant order.]

PART 6 E+W Exclusion requirement

Requirement E+W

11 (1) In this Code “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”). E+W

(2) A relevant order which imposes an exclusion requirement must specify—

(a) the prohibited place, and

(b) the exclusion period.

(3) A relevant order may specify—

(a) more than one prohibited place;

(b) more than one exclusion period;

(c) different prohibited places for different exclusion periods or different days.

(4) If the relevant order is a community order—

(a) the exclusion period must not be more than 2 years beginning with the day on which the requirement first takes effect;

(b) if the order specifies more than one exclusion period, each of the exclusion periods must fall within that 2 year period.

(5) A prohibited place may be an area.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I575 Sch. 9 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement where court imposes exclusion requirement E+W

12 E+W Where the court makes a relevant order imposing an exclusion requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a) it is prevented from doing so by—

(i) paragraph 33 (consent of person whose co-operation is required), or

(ii) paragraph 34(1) (arrangements in relevant area), or

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

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I576 Sch. 9 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Residence requirement

Requirement E+W

13 (1) In this Code “residence requirement”, in relation to a relevant order, means a requirement that, for a particular period (“the required period”), the offender must reside— E+W

(a) at a particular place (“the required place”), or

(b) if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2) A relevant order imposing a residence requirement must specify—

(a) the required place,

(b) the required period, and

(c) if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

(3) A hostel or other institution may not be specified as the required place, except on the recommendation of an officer of a provider of probation services.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C153 Sch. 9 para. 13 modified by 2006 c. 52, Sch. 6 para. 3(1) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I577 Sch. 9 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement where court imposes residence requirement E+W

14 E+W Before making a relevant order containing a residence requirement, the court must consider the home surroundings of the offender.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C154 Sch. 9 para. 14 excluded by 2006 c. 52, Sch. 6 para. 3(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I578 Sch. 9 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+W Foreign travel prohibition requirement

15 (1) In this Code “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a particular day or days, or for a particular period, to a particular country or territory (or particular countries or territories) outside the British Islands. E+W

(2) A relevant order which imposes a foreign travel prohibition requirement must specify—

(a) the day or days, or the period, for which the prohibition is to operate, and

(b) the area in relation to which the prohibition is to operate.

(3) A day specified under sub-paragraph (2)(a) must fall within the period of 12 months beginning with the day on which the requirement takes effect.

(4) A period specified under that sub-paragraph may not exceed 12 months beginning with the day on which the requirement takes effect.

(5) The area specified under sub-paragraph (2)(b) may be—

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

(b) all countries and territories outside the British Islands other than a country or territory specified or described in the order, or

(c) all countries and territories outside the British Islands.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I579 Sch. 9 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 E+W Mental health treatment requirement

Requirement E+W

16 (1) In this Code “mental health treatment requirement”, in relation to a relevant order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be— E+W

(a) in-patient treatment,

(b) institution-based out-patient treatment, or

(c) practitioner-based treatment.

(2) For this purpose—

• “mental health treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a registered medical practitioner or registered psychologist, and

  (b)

  with a view to improvement of the offender's mental condition;

• “in-patient treatment” means treatment as a resident patient in—

  (a)

  a care home,

  (b)

  an independent hospital, or

  (c)

  a hospital within the meaning of the Mental Health Act 1983,

  but not in hospital premises where high security psychiatric services are provided;

• “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;

• “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3) A relevant order which imposes a mental health treatment requirement must specify—

(a) the period or periods during which the offender is required to submit to mental health treatment, and

(b) for each of those periods—

(i) if the mental health treatment is to be in-patient treatment, the care home or hospital at which it is to be provided;

(ii) if it is to be institution-based out-patient treatment, the institution or place at which it is to be provided;

(iii) if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4) Different treatment may be specified for different periods.

(5) In this paragraph—

• “care home” means—

  (a)

  a care home in England within the meaning of the Care Standards Act 2000;

  (b)

  a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided;

• “high security psychiatric services” has the same meaning as in the Mental Health Act 1983;

• “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;

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;

• “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(6) While an offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a relevant order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of revocation or amendment of the order.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I580 Sch. 9 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing mental health treatment requirement E+W

17 (1) A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a) requires treatment,

(b) may be susceptible to treatment, and

(c) does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to in-patient treatment (see paragraph 16(2)).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C155 Sch. 9 para. 17(1)(c) excluded by 2006 c. 52, Sch. 6 para. 4(1) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C156 Sch. 9 para. 17(2)(c) excluded by 2006 s. 52, ss. 200, 202 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 20(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I581 Sch. 9 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Alternative arrangements for mental health treatment made by practitioner E+W

18 (1) This paragraph applies where— E+W

(a) an offender is being treated in pursuance of a mental health treatment requirement, and

(b) the treatment practitioner considers that part of the treatment can be better or more conveniently given in or at an institution or place—

(i) which is not specified in the relevant order, and

(ii) where the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist.

(2) The treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(3) Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(4) Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the relevant order.

(5) Where alternative arrangements are made—

(a) the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender must submit in pursuance of the mental health treatment requirement, and

(b) the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.

(6) In this paragraph—

• “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;

• “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C157 Sch. 9 para. 18 modified by 2006 c. 52, Sch. 6 para. 4(2) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I582 Sch. 9 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 E+W Drug rehabilitation requirement

Requirement E+W

19 (1) In this Code “drug rehabilitation requirement”, in relation to a relevant order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender— E+W

(a) must submit to drug rehabilitation treatment, which may be resident treatment or non-resident treatment, and

(b) for the purpose of ascertaining whether there is any drug in the offender's body during that period, must provide samples in accordance with directions given by—

(i) the responsible officer, or

(ii) the treatment director.

(2) In this paragraph—

• “drug rehabilitation treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a person who has the necessary qualifications or experience, and

  (b)

  with a view to the reduction or elimination of the offender's dependency on or propensity to misuse drugs;

• “resident treatment” means treatment as a resident in an institution or place;

• “non-resident treatment” means treatment as a non-resident at an institution or place;

• “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3) Sub-paragraphs (4) to (7) apply to a relevant order which imposes a drug rehabilitation requirement.

(4) The order may specify separate periods which together comprise the drug treatment and testing period.

(5) The order must specify, for each treatment period—

(a) the treatment director;

(b) if the treatment is to be resident treatment, the institution or place where it is to be provided;

(c) if it is to be non-resident treatment—

(i) the institution or place where it is to be provided, and

(ii) the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6) In sub-paragraph (5), “treatment period” means—

(a) if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b) otherwise, the drug treatment and testing period.

(7) The order—

(a) must provide that if, by virtue of sub-paragraph (1)(b), the offender provides samples to a person other than the responsible officer, the results of tests carried out on the samples are to be communicated to the responsible officer;

(b) may make further provision about the provision of samples by virtue of sub-paragraph (1)(b) (which may include provision that directions, or directions of particular kinds, are to be given only by the responsible officer or only by the treatment director).

(8) The power for the responsible officer or treatment director to give directions by virtue of sub-paragraph (1)(b) about the provision of samples—

(a) is a power to give directions as to—

(i) the type of samples to be provided, and

(ii) the times at which, or circumstances in which, they are to be provided,

(b) is subject to any provision made by the order, and

(c) is to be exercised in accordance with guidance issued by the Secretary of State.

(9) The Secretary of State may revise any guidance issued under sub-paragraph (8)(c).

(10) In this paragraph and paragraph 20 “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C158 Sch. 9 para. 19(1) modified by 2006 c. 52, Sch. 6 para. 5(1) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(a)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I583 Sch. 9 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing drug rehabilitation requirement E+W

20 (1) A court may not impose a drug rehabilitation requirement unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition,

(c) the suitability condition, and

(d) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender—

(i) is dependent on drugs, or

(ii) has a propensity to misuse drugs, and

(b) that the offender's dependency or propensity—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to resident treatment (within the meaning given in paragraph 19(2)).

(4) The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services.

(5) The consent condition is that the offender expresses willingness to comply with the requirement.

Modifications etc. (not altering text)

C146 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C159 Sch. 9 para. 20(1)(d) excluded by 2006 c. 52, Sch. 6 para. 5(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I584 Sch. 9 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Drug rehabilitation requirement: provision for review by court E+W

21 (1) A relevant order imposing a drug rehabilitation requirement— E+W

(a) must include provision for review if the treatment and testing period is more than 12 months, and

(b) may do so in any other case.

(2) For this purpose, “provision for review” means provision—

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

(b) for each review of the requirement to be made at a hearing held for the purpose by the responsible court (a “review hearing”),

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

(d) requiring a written report on the offender's progress under the requirement to be made by an officer of a provider of probation services to the responsible court before each review hearing, and

(e) requiring each such report to include—

(i) the test results communicated to the responsible officer under paragraph 19(7) or otherwise, and

(ii) the views of the treatment provider as to the treatment and testing of the offender.

(3) Paragraphs (b) and (c) of sub-paragraph (2) are subject to paragraph 22(6) (hearing not necessary for review).

(4) In this paragraph, “the responsible court”, in relation to a relevant order imposing a drug rehabilitation requirement, means—

(a) if a court is specified as the responsible court under sub-paragraph (5), that court;

(b) otherwise, the court which made the order.

(5) Where—

(a) a magistrates' court makes a relevant order imposing a drug rehabilitation requirement, and

(b) the area for which the court acts is not the offender's home local justice area,

the court may specify in the order a magistrates' court which acts in the offender's home local justice area as the responsible court.

(6) For the purposes of sub-paragraph (4)(b), a relevant order imposing a drug rehabilitation requirement which is made on an appeal—

(a) from the Crown Court, or

(b) from the Court of Appeal,

is to be treated as having been made by the Crown Court.

[F364 (7) Nothing in this paragraph or paragraph 22 applies in relation to—

(a) a community order that qualifies for special procedures for the purposes of section 217A, or

(b) a suspended sentence order that qualifies for special procedures for the purposes of section 293A.]

Textual Amendments

F364 Sch. 9 para. 21(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 11

Modifications etc. (not altering text)

C160 Sch. 9 para. 21 modified by 2006 c. 52, s. 179 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 4 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I585 Sch. 9 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Periodic review of drug rehabilitation requirement E+W

22 (1) This paragraph applies in relation to a relevant order which imposes a drug rehabilitation requirement that is subject to review. E+W

(2) At a review hearing the court may, after considering the officer's report referred to in paragraph 21(2)(d) (“the review officer's report”), amend the relevant order, so far as it relates to the drug rehabilitation requirement.

(3) The court—

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

(b) 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.

(4) If the offender fails to express 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) re-sentence the offender.

(5) In dealing with the offender under sub-paragraph (4)(b), the court—

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

(b) may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

(6) Where at a review hearing the court—

(a) has considered the review officer's report, and

(b) is of the opinion that the offender's progress under the requirement is satisfactory,

the court may amend the order so that it provides for each subsequent review to be made by the court without a hearing.

(7) Where at a review without a hearing the court—

(a) has considered the review officer's report, and

(b) 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 paragraph as if the hearing were a review hearing, and

(b) amend the order so that it provides for each subsequent review to be made at a review hearing.

(9) In this paragraph—

• “responsible court” has the same meaning as in paragraph 21;

• “review hearing” has the meaning given by paragraph 21(2)(b).

(10) In relation to a review without a hearing, a reference in this paragraph to the court 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.

(11) If an officer of a provider of probation services is of the opinion that the order should be amended so as to provide for each subsequent review to be made—

(a) without a hearing instead of at a review hearing, or

(b) at a review hearing instead of without a hearing,

the officer must apply under paragraph 18 of Schedule 10 (amendment of requirements of community order) or paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) to the responsible court for the order to be amended.

Modifications etc. (not altering text)

C161 Sch. 9 para. 22 modified by 2006 c. 52, s. 179 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 4 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I586 Sch. 9 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F365 PART 10A E+W Drug testing requirement

Textual Amendments

F365 Sch. 9 Pt. 10A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 6

Requirement E+W

22A (1) In this Code, “drug testing requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must, for the purpose of ascertaining whether there is any drug or psychoactive substance in the offender’s body during that period, provide samples in accordance with directions given by the responsible officer. E+W

(2) The order—

(a) must provide that if the offender provides samples to a person other than the responsible officer, the results of the tests carried out on the samples are to be communicated to the responsible officer;

(b) may make provision about the provision of samples by virtue of sub-paragraph (1).

(3) The power of the responsible officer to give directions by virtue of sub-paragraph (1) about the provision of samples—

(a) is a power to give directions as to—

(i) the type of samples to be provided, and

(ii) the times at which, or circumstances in which, they are to be provided,

(b) is subject to any provision made by the order, and

(c) is to be exercised in accordance with guidance issued by the Secretary of State.

(4) The Secretary of State may revise any guidance issued under sub-paragraph (3)(c).

(5) In this paragraph and paragraph 22B—

• “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971;

• “psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016.

Restrictions on imposing drug testing requirement E+W

22B (1) A court may not impose a drug testing requirement unless the following conditions are met— E+W

(a) the misuse condition, and

(b) the availability of arrangements condition.

(2) The misuse condition is that the court is satisfied that the offender’s misuse of a drug or psychoactive substance—

(a) caused or contributed to the offence to which the order relates or an associated offence, or

(b) is likely to cause or contribute to the commission of further offences by the offender.

(3) The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are available in the offender’s home local justice area (and the notice has not been withdrawn).]

PART 11 E+W Alcohol treatment requirement

Requirement E+W

23 (1) In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be— E+W

(a) resident treatment,

(b) institution-based treatment, or

(c) practitioner-based treatment.

(2) In this paragraph—

• “alcohol dependency treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and

  (b)

  with a view to reducing or eliminating the offender's dependency on alcohol;

• “resident treatment” means treatment as a resident in an institution or place;

• “institution-based treatment” means treatment as a non-resident at an institution or place;

• “practitioner-based treatment” means treatment by or under the direction of the treatment director.

(3) Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.

(4) The order may specify separate periods comprising the period specified under sub-paragraph (1).

(5) For each treatment period, the order must specify—

(a) the treatment director;

(b) whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;

(c) if it is to be resident treatment, the institution or place where it is to be provided;

(d) if it is to be institution-based treatment—

(i) the institution or place where it is to be provided, and

(ii) the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6) In sub-paragraph (5), “treatment period” means—

(a) if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b) otherwise, the period specified under sub-paragraph (1).

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I587 Sch. 9 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing alcohol treatment requirement E+W

24 (1) A court may not impose an alcohol treatment requirement unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender is dependent on alcohol, and

(b) that the offender's dependency—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to treatment as a resident.

(4) The consent condition is that the offender expresses willingness to comply with the requirement.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I588 Sch. 9 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 12 E+W Alcohol abstinence and monitoring requirement

Requirement E+W

25 (1) In this Code “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement that, during a particular period (“the abstinence and monitoring period”), the offender— E+W

(a) must—

(i) abstain from consuming alcohol, or

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

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

Paragraph (a) is subject to sub-paragraph (3).

(2) A relevant order that includes an alcohol abstinence and monitoring requirement must specify—

(a) the abstinence and monitoring period;

(b) if the order imposes a requirement falling within sub-paragraph (1)(a)(ii), the level of alcohol;

(c) the arrangements for monitoring.

(3) A relevant order that includes an alcohol abstinence and monitoring requirement may specify exceptions from any requirement imposed under sub-paragraph (1)(a); if it does so the requirement has effect subject to those exceptions.

(4) The abstinence and monitoring period must be—

(a) if a minimum period is prescribed under sub-paragraph (7)(a), not less than that minimum period, and

(b) not more than 120 days.

(5) The level of alcohol specified under sub-paragraph (2)(b) must be the level prescribed under sub-paragraph (7)(b).

(6) The arrangements for monitoring specified under sub-paragraph (2)(c) must be consistent with those prescribed by regulations under sub-paragraph (7)(c).

(7) The Secretary of State may by regulations prescribe—

(a) a minimum period as the abstinence and monitoring period;

(b) a level of alcohol for the purposes of sub-paragraph (1)(a)(ii);

(c) arrangements for monitoring for the purposes of sub-paragraph (1)(b).

(8) Regulations under sub-paragraph (7)(b) 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.

(9) Regulations under sub-paragraph (7)(c) may in particular prescribe—

(a) arrangement for monitoring by electronic means;

(b) arrangements for monitoring by other means of testing.

(10) Regulations under sub-paragraph (7) are subject to the negative resolution procedure.

(11) In this paragraph and paragraph 26, “alcohol” includes anything containing alcohol.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I589 Sch. 9 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing alcohol abstinence and monitoring requirement E+W

26 (1) A relevant order may not include both— E+W

(a) an alcohol treatment requirement, and

(b) an alcohol abstinence and monitoring requirement.

(2) A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met—

(a) the relevance of alcohol condition,

(b) the non-dependency condition, and

(c) the availability of arrangements condition.

(3) The relevance of alcohol condition is that—

(a) the offender's consumption of alcohol is an element of the offence for which the order is to be imposed or of an associated offence, or

(b) the court is satisfied that the offender's consumption of alcohol was a factor that contributed to the commission of that offence or to an associated offence.

(4) The non-dependency condition is that the court is satisfied that the offender is not dependent on alcohol.

(5) The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified in the relevant order are available in the offender's home local justice area (and the notice has not been withdrawn).

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I590 Sch. 9 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 13 E+W Attendance centre requirement [F366 : offenders convicted before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force]

Textual Amendments

F366 Words in Sch. 9 Pt. 13 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 152(4), 208(1); S.I. 2022/520, reg. 5(q)

Requirement E+W

27 (1) In this Code “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre for a particular number of hours. E+W

(2) A relevant order which imposes an attendance centre requirement must specify the aggregate number of hours for which the offender may be required to attend at an attendance centre

(3) That number must be—

(a) not less than 12, and

(b) not more than 36.

(4) 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.

(5) 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.

(6) 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.

(7) The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender's circumstances.

(8) The offender may not be required under this paragraph to attend at an attendance centre—

(a) more than once on any day, or

(b) for more than 3 hours at a time.

(9) A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, for that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—

(a) under the supervision of the officer in charge of the centre, and

(b) in accordance with instructions given by, or under the authority of, that officer.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I591 Sch. 9 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing attendance centre requirement E+W

28 E+W A court may not impose an attendance centre requirement in a relevant order unless the court—

(a) has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description (and the notice has not been withdrawn), and

(b) is satisfied that an attendance centre which is available for persons of the offender's description is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

Commencement Information

I592 Sch. 9 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 14 E+W Electronic monitoring

Electronic compliance monitoring requirement E+W

29 (1) In this Code “electronic compliance monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a period (“the monitoring period”)— E+W

(a) specified in the order, or

(b) determined by the responsible officer in accordance with the relevant order.

(2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the relevant order.

(3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person falling within paragraph 33(b).

(4) An electronic compliance monitoring requirement may not be imposed for securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.

(5) But that does not prevent an order which imposes an alcohol abstinence and monitoring requirement from including an electronic compliance monitoring requirement for securing the electronic monitoring of the offender's compliance with any other requirement.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C163 Sch. 9 para. 29(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I593 Sch. 9 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic whereabouts monitoring requirement E+W

30 E+W In this Code “electronic whereabouts monitoring requirement”, in relation to a relevant order, means a requirement to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirement included in the order) during a period specified in the order.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I594 Sch. 9 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic monitoring: person responsible for monitoring E+W

31 (1) A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring. E+W

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C164 Sch. 9 paras. 31-33 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I595 Sch. 9 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic monitoring: general E+W

32 E+W 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.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C164 Sch. 9 paras. 31-33 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I596 Sch. 9 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing electronic monitoring: general E+W

33 E+W Where—

(a) it is proposed to include in a relevant order an electronic monitoring requirement, 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.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C164 Sch. 9 paras. 31-33 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I597 Sch. 9 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing an electronic compliance monitoring requirement E+W

34 (1) A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless— E+W

(a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and

(b) the court is satisfied that the necessary provision can be made under those arrangements.

(2) In the case of a relevant order containing—

(a) a curfew requirement, or

(b) an exclusion requirement,

the relevant area is the area in which the place proposed to be specified in the order is situated.

For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11.

(3) In the case of a relevant order containing an attendance centre requirement, the relevant area is an 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.

(4) In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C165 Sch. 9 para. 34(1)(2) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I598 Sch. 9 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing electronic whereabouts monitoring requirement E+W

35 E+W A court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless—

(a) the court 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 (and the notice has not been withdrawn),

(b) the court is satisfied that—

(i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii) any other necessary provision can be made under those arrangements, and

(c) the court 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.

Modifications etc. (not altering text)

C162 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I599 Sch. 9 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 218

SCHEDULE 10 E+W Breach, revocation or amendment of community order

Modifications etc. (not altering text)

C166 Sch. 10 applied (with modifications) by 2006 c. 52, s. 182(3)(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C167 Sch. 10 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C168 Sch. 10 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C169 Sch. 10 modified by 2006 c. 52, s. 181 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C170 Sch. 10 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C171 Sch. 10 applied (with modifications) by 2006 c. 52, Sch. 6A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Preliminary

Meaning of particular expressions relating to an order E+W

1 (1) In this Schedule, in relation to a community order— E+W

• “appropriate court” means—

  (a)

  if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);

  (aa)

  [F367 if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;]

  (b)

  if the community order is a Crown Court community order [F368 and does not fall within paragraph (aa)], the Crown Court;

  (c)

  in any other case, a magistrates' court acting in the offender's home local justice area;

• “treatment requirement”, in relation to a community order, means—

  (a)

  a mental health treatment requirement of the order,

  (b)

  a drug rehabilitation requirement of the order, or

  (c)

  an alcohol treatment requirement of the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Textual Amendments

F367 Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(a)

F368 Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(b)

Commencement Information

I600 Sch. 10 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement officers E+W

2 (1) In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State. E+W

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) In sub-paragraph (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I601 Sch. 10 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community order subject to magistrates' court supervision and Crown Court order E+W

3 E+W In this Schedule—

• “community order subject to magistrates' court supervision” means a community order which—

  (a)

  was made by a magistrates' court, or

  (b)

  was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates' court supervision);

• “Crown Court community order” means a community order which—

  (a)

  was made by the Crown Court, and

  (b)

  does not include a direction under that section.

Commencement Information

I602 Sch. 10 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements subject to review E+W

4 E+W For the purposes of this Schedule—

(a) a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;

(b) a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.

Commencement Information

I603 Sch. 10 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

5 E+W A community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I604 Sch. 10 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Breach of requirement of order

Duty to give warning or refer matter to enforcement officer E+W

6 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a community order. E+W

(2) If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any requirement of the order, the officer must refer the matter to an enforcement officer.

(3) Otherwise the officer must either—

(a) give the offender a warning under this paragraph, or

(b) refer the matter to an enforcement officer.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the period of 12 months beginning with the date on which the warning was given, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I605 Sch. 10 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of enforcement officer E+W

7 E+W Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—

(a) consider the case, and

(b) where appropriate, cause an information to be laid in respect of the offender's breach of requirement—

(i) in the case of a community order subject to magistrates' court supervision, before a justice of the peace;

(ii) in the case of a Crown Court community order, before the Crown Court.

Commencement Information

I606 Sch. 10 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace E+W

8 (1) This paragraph applies where— E+W

(a) a community order subject to magistrates' court supervision is in force, and

(b) it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, before that court, F369 ...

[F370 (aa) in the case of a community order that qualifies for special procedures for the purposes of section 217A, before the court that made the order, or]

(b) in any other case, before a magistrates' court acting in—

(i) the local justice area in which the offender resides, or

(ii) if it is not known where the offender resides, the offender's home local justice area.

(4) Where—

(a) a summons is issued under this paragraph requiring the offender to appear before a magistrates' court, and

(b) the offender does not appear in answer to the summons,

the magistrates' court may issue a warrant for the arrest of the offender.

Textual Amendments

F369 Word in Sch. 10 para. 8(3)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(3)(a)

F370 Sch. 10 para. 8(3)(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(3)(b)

Commencement Information

I607 Sch. 10 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by Crown Court E+W

9 (1) This paragraph applies where— E+W

(a) a Crown Court community order is in force, and

(b) it appears on information to the Crown Court that the offender has breached a requirement of the order.

(2) The Crown Court may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

(4) Where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to the summons,

the Crown Court may issue a warrant for the arrest of the offender.

Commencement Information

I608 Sch. 10 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F371 Issue of summons or warrant after review hearing E+W

Textual Amendments

F371 Sch. 10 para. 9A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(4)

9A (1) This paragraph applies where— E+W

(a) a community order is in force,

(b) on a review hearing under section 217B a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, and

(c) the court does not deal with the case forthwith by virtue of section 217B(5).

(2) The court may at any time—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) issue a warrant for the offender’s arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.

(4) Where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.]

Powers of magistrates' court E+W

10 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before a magistrates' court under paragraph 8 [F372 or 9A or by virtue of section 217B(5)], and

(b) it is proved to the satisfaction of the court that the offender has breached a requirement of the community order without reasonable excuse.

(2) The court must deal with the case under sub-paragraph (5).

(3) But if the community order was made by the Crown Court, the court may instead—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4) If the court deals with the offender's case under sub-paragraph (3), it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5) Where the court deals with the case under this sub-paragraph, it must deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine not exceeding £2,500;

(b) by amending the terms of the community order so as to impose more onerous requirements which the court could include if it had just convicted the offender of the offence in respect of which the order was made and were then making the order;

[F373 (ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);]

(c) if the community order was made by a magistrates' court, by re-sentencing the offender for the offence in respect of which the order was made.

(6) Where the court deals with the case under sub-paragraph (5), the criminal courts charge duty (see section 46) applies to the court.

(7) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the community order.

(8) A fine imposed under sub-paragraph (5)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.

(9) Where—

(a) the offender has wilfully and persistently breached the requirements of the community order, and

(b) the court is dealing with the offender under sub-paragraph (5)(c),

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).

(10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the community order if it is still in force.

(11) A person sentenced under sub-paragraph (5)(c) for an offence may appeal to the Crown Court against—

(a) the sentence, and

(b) a criminal courts charge order made when imposing that sentence.

Textual Amendments

F372 Words in Sch. 10 para. 10(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(5)(a)

F373 Sch. 10 para. 10(5)(ba) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(5)(b)

Commencement Information

I609 Sch. 10 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

11 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before the Crown Court under paragraph 9 [F374 or 9A] or by virtue of paragraph 10(3) [F375 or section 217B(5)], and

(b) it is proved to the satisfaction of that court that the offender has breached a requirement of the community order without reasonable excuse.

(2) The Crown Court must deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could include if the offender had just been convicted of the offence in respect of which the order was made and it were then making the order;

[F376 (ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);]

(c) by re-sentencing the offender for the offence in respect of which the order was made.

(3) Where the court deals with the case under sub-paragraph (2), the criminal courts charge duty (see section 46) applies to the court.

(4) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.

(5) A fine imposed under sub-paragraph (2)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.

(6) Where—

(a) the offender has wilfully and persistently breached the requirements of the community order, and

(b) the court is dealing with the offender under sub-paragraph (2)(c),

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).

(7) Where the Crown Court deals with the offender under sub-paragraph (2)(c), it must revoke the community order if it is still in force.

(8) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the community order is to be determined by the court and not by the verdict of a jury.

Textual Amendments

F374 Words in Sch. 10 para. 11(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(6)(a)(i)

F375 Words in Sch. 10 para. 11(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(6)(a)(ii)

F376 Sch. 10 para. 11(2)(ba) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(6)(b)

Commencement Information

I610 Sch. 10 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Treatment requirement: reasonable refusal to undergo treatment E+W

12 (1) Sub-paragraph (2) applies where the offender— E+W

(a) is required by a treatment requirement of the community order to submit to treatment, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 10 or 11 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

Commencement Information

I611 Sch. 10 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision E+W

13 (1) In dealing with an offender under paragraph 10(5)(b) or 11(2)(b), the court may— E+W

(a) extend the duration of particular requirements, subject to any limit imposed by Schedule 9;

(b) substitute a later date for the end date.

(2) A date substituted under sub-paragraph (1)(b)—

(a) must not be more than 6 months after the end date;

(b) subject to that, may be more than 3 years after the date of the order.

(3) Once the power in sub-paragraph (1)(b) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(4) Where—

(a) a community order does not contain an unpaid work requirement, and

(b) in dealing with the offender under paragraph 10(5)(b) or 11(2)(b), the court imposes an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 2(1) of Schedule 9) must not, in aggregate, be less than 20.

(5) Paragraphs 10(5)(b) and 11(2)(b) (power to impose more onerous requirements) have effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

Commencement Information

I612 Sch. 10 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F377 Power under paragraphs 10 and 11 to commit to prison: further provision E+W

Textual Amendments

F377 Sch. 10 para. 13A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(7)

13A (1) In the case of a person under the age of 21— E+W

(a) an order under paragraph 10(5)(ba) or 11(2)(ba) must be for committal to a young offender institution instead of to prison, but

(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.

(2) A person committed to prison or a young offender institution by an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded as being in legal custody.

(3) No more than three orders under paragraph 10(5)(ba) or 11(2)(ba) may be made in relation to the same community order.]

PART 3 E+W Revocation of order with or without re-sentencing

Community order subject to magistrates' court supervision E+W

14 (1) This paragraph applies where a community order subject to magistrates' court supervision is in force, and E+W

(a) the offender, or

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

applies to the appropriate magistrates' court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) In this paragraph “the appropriate magistrates' court” means—

(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, that court, F378 ...

[F379 (aa) if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order, and]

(b) in any other case, a magistrates' court acting in the offender's home local justice area.

(3) No application may be made under this paragraph while an appeal against the community order is pending.

(4) Unless the application was made by the offender, the appropriate magistrates' court—

(a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(5) If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may—

(a) revoke the community order, or

(b) both—

(i) revoke the community order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(6) The circumstances in which a community order may be revoked under sub-paragraph (5) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(7) If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

Textual Amendments

F378 Word in Sch. 10 para. 14(2)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(8)(a)

F379 Sch. 10 para. 14(2)(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(8)(b)

Commencement Information

I613 Sch. 10 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crown Court community order E+W

15 (1) This paragraph applies where a Crown Court community order is in force and— E+W

(a) the offender, or

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

applies to the Crown Court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) No application may be made under this paragraph while an appeal against the community order is pending.

(3) Unless the application was made by the offender, the Crown Court—

(a) must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(4) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(5) The circumstances in which a community order may be revoked under sub-paragraph (4) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(6) If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Commencement Information

I614 Sch. 10 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Amendment of order

Amendment because of change of residence E+W

16 (1) This paragraph applies where at any time while a community order is in force— E+W

(a) the offender is given permission under section 216 to change residence, and

(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) If the permission is given by a court, the court must amend the order to specify the new local justice area as the offender's home local justice area.

[F380 (3) If the permission is given by the responsible officer—

(a) the officer must give notice to the appropriate court of the permission, and

(b) the court must amend the order as set out in sub-paragraph (2).]

Textual Amendments

F380 Sch. 10 para. 16(3) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 151(3), 208(5)(q)

Commencement Information

I615 Sch. 10 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 (1) This paragraph applies where at any time while a community order is in force— E+W

(a) a court amends the order,

(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c) the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) The court must amend the order to specify the new local justice area as the offender's home local justice area.

Commencement Information

I616 Sch. 10 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F381 Amendment because of variation of curfew requirement by responsible officer E+W

Textual Amendments

F381 Sch. 10 para. 17A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 151(4), 208(5)(q)

17A (1) This paragraph applies where at any time the responsible officer gives— E+W

(a) a copy of a variation notice in relation to a community order, and

(b) evidence of the offender’s consent to the notice,

to the appropriate court under paragraph 10A of Schedule 9.

(2) The appropriate court must amend the order to reflect the effect of the variation notice.]

Amendment of requirements of community order E+W

18 (1) The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend a community order— E+W

(a) by cancelling any of the requirements of the order, or

(b) by replacing any of those requirements with a requirement of the same kind which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.

(2) For the purposes of sub-paragraph (1)(b)—

(a) requirements are of the same kind if they fall within the same entry in column 1 of the table in section 201, and

(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(3) No application may be made under this paragraph while an appeal against the community order is pending, other than an application which—

(a) relates to a treatment requirement, and

(b) is made by an officer of a provider of probation services with the offender's consent.

(4) Before exercising its powers under this paragraph, the court must summon the offender to appear before it, unless—

(a) the application was made by the offender, or

(b) the court would exercise the powers only to—

(i) cancel a requirement of the community order,

(ii) replace any such requirement with one of a shorter duration, or

(iii) substitute a new place for one specified in the order.

(5) If the offender fails to appear in answer to a summons under sub-paragraph (4) the court may issue a warrant for the offender's arrest.

(6) Sub-paragraph (1)(b) has effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

(7) The court may not under this paragraph amend a treatment requirement unless the offender expresses willingness to comply with the requirement as amended.

(8) If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—

(a) revoke the community order, and

(b) re-sentence the offender for the offence in respect of which the order was made.

(9) If the court deals with the offender under sub-paragraph (8)(b), it—

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

(b) may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

Commencement Information

I617 Sch. 10 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of treatment requirement on report of practitioner E+W

19 (1) This paragraph applies where an offender is being treated in pursuance of a treatment requirement and the treatment practitioner— E+W

(a) is of the opinion that—

(i) the treatment of the offender should be continued beyond the period specified in the order,

(ii) the offender needs different treatment,

(iii) the offender is not susceptible to treatment, or

(iv) the offender does not require further treatment, or

(b) is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2) The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3) The responsible officer must cause an application to be made under paragraph 18 to the appropriate court for the replacement or cancellation of the requirement.

(4) In this paragraph, “the treatment practitioner”, in relation to a treatment requirement, means—

(a) the medical practitioner or other person specified in the community order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(b) in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Commencement Information

I618 Sch. 10 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of order E+W

20 (1) The appropriate court may, on the application of— E+W

(a) the offender, or

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

amend a community order by substituting a later date for the end date.

(2) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

(3) A date substituted under sub-paragraph (1)—

(a) must not be more than 6 months after the end date;

(b) subject to that, may be more than 3 years after the date of the order.

(4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(5) No application may be made under this paragraph while an appeal against the community order is pending.

Commencement Information

I619 Sch. 10 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of unpaid work requirement E+W

21 (1) This paragraph applies where a community order imposing an unpaid work requirement is in force in respect of an offender. E+W

(2) The appropriate court may, on the application of—

(a) the offender, or

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

extend the period of 12 months specified in paragraph 1(1)(b) of Schedule 9, if it appears to the court to be in the interests to do so, having regard to circumstances which have arisen since the order was made.

(3) No application may be made under this paragraph while an appeal against the community order is pending.

(4) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

Commencement Information

I620 Sch. 10 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Conviction of further offence

Powers of magistrates' court following subsequent conviction E+W

22 E+W Paragraphs 23 and 24 apply where—

(a) a community order (“the existing community order”) is in force in respect of an offender, and

(b) the offender is convicted of an offence by a magistrates' court (“the present court”).

Commencement Information

I621 Sch. 10 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

23 (1) This paragraph applies if the existing community order was made by a magistrates' court. E+W

(2) If it appears to the present court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the present court may—

(a) revoke the community order, or

(b) both—

(i) revoke the community order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the present court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5) If the present court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I622 Sch. 10 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) This paragraph applies if the existing community order was made by the Crown Court. E+W

(2) The present court may—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought before the Crown Court.

(3) Unless the offender is before it, the present court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5) Where the present court deals with the case under this paragraph, it must send the Crown Court such particulars of the case as may be desirable.

Commencement Information

I623 Sch. 10 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court following subsequent conviction E+W

25 (1) This paragraph applies where a community order is in force in respect of an offender, and the offender— E+W

(a) is convicted of an offence by the Crown Court, or

(b) is brought or appears before the Crown Court—

(i) by virtue of paragraph 24, or

(ii) having been committed by a magistrates' court to the Crown Court for sentence.

(2) If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the community order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.

(5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

Commencement Information

I624 Sch. 10 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Supplementary

Adjournment of hearing E+W

26 (1) This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that—

(i) the offender, and

(ii) any officer of a provider of probation services who the court considers has an interest in the proceedings,

have had adequate notice of the time and place for the resumed hearing.

(5) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(6) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I625 Sch. 10 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies of orders etc E+W

27 (1) This paragraph applies on the making of an order by a court under this Schedule revoking or amending a community order. E+W

(2) The court must provide copies of the revoking or amending order to—

(a) the offender, and

(b) the responsible officer.

(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—

(a) a provider of probation services that is a public sector provider operating in that area, and

(b) the magistrates' court acting in that area.

(4) In case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(5) Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the revocation or amendment (the “former home area”), the court must provide a copy of the revoking or amending order to a magistrates' court acting in the former home area.

(6) Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(7) In this paragraph, “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I626 Sch. 10 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 219

SCHEDULE 11 U.K. Transfer of community orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C172 Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C173 Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C174 Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 U.K. Scotland

Making of community order where offender will reside in Scotland U.K.

1 (1) This paragraph applies where— U.K.

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Scotland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and

(b) the order will satisfy paragraphs 4 and 5.

Commencement Information

I627 Sch. 11 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of community order where offender will reside in Scotland U.K.

2 (1) This paragraph applies where— U.K.

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Scotland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Scotland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.

Commencement Information

I628 Sch. 11 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements: availability and restrictions U.K.

3 U.K. Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Commencement Information

I629 Sch. 11 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 U.K. The order must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

Commencement Information

I630 Sch. 11 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) an electronic compliance monitoring requirement.

Commencement Information

I631 Sch. 11 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule U.K.

6 U.K. Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the local authority officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”.

Commencement Information

I632 Sch. 11 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Northern Ireland

Making of community order where offender will reside in Northern Ireland U.K.

7 (1) This paragraph applies where— U.K.

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and

(b) paragraphs 10 to 12 will be satisfied in relation to the order.

Commencement Information

I633 Sch. 11 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of community order where offender will reside in Northern Ireland U.K.

8 (1) This paragraph applies where— U.K.

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 10 to 12.

Commencement Information

I634 Sch. 11 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements: availability and restrictions U.K.

9 U.K. Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Commencement Information

I635 Sch. 11 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 U.K. The order must not impose an alcohol abstinence and monitoring requirement.

Commencement Information

I636 Sch. 11 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 U.K. The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

Commencement Information

I637 Sch. 11 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 (1) The order must not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) an attendance centre requirement [F382 , where such a requirement is available (see section 207(3))];

(h) an electronic compliance monitoring requirement [F383 , where such a requirement is available (see section 207(4))].

Textual Amendments

F382 Words in Sch. 11 para. 12(2)(g) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 9(2)(a); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

F383 Words in Sch. 11 para. 12(2)(h) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 9(2)(b); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

Commencement Information

I638 Sch. 11 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further provision where offender resides or will reside in Northern Ireland U.K.

13 U.K. Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the probation officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Commencement Information

I639 Sch. 11 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 U.K. Making or amendment of order in accordance with Part 1 or 2 of this Schedule

Application U.K.

14 U.K. This Part of this Schedule applies in a case where a court in England and Wales makes or amends a community order in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I640 Sch. 11 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explanation to be given by court before order is made or amended U.K.

15 U.K. Before making or amending the community order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 20 (order to be treated as corresponding order),

(b) the requirements of the legislation relating to corresponding orders which has effect in Scotland or Northern Ireland (as the case may be),

(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d) its own powers in relation to the community order (see Part 4 of this Schedule).

Commencement Information

I641 Sch. 11 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order U.K.

16 (1) The community order must specify— U.K.

(a) the locality in Scotland in which the offender resides or will be residing at the relevant time, or

(b) that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2) Sub-paragraph (1) has effect in place of section 210 (offender's home local justice area to be specified).

(3) The community order must specify an order as the corresponding order for the purposes of this Schedule.

(4) The corresponding order must be an order that may be made—

(a) in the case of a Scottish community order, by a court in Scotland;

(b) in the case of a Northern Ireland community order, by a court in Northern Ireland.

(5) A Scottish community order which specifies as the corresponding order a community payback order within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 must also specify the appropriate court for the purposes of sections 227A to 227ZK of that Act.

(6) That court—

(a) must be a court of summary jurisdiction having jurisdiction in the locality specified under sub-paragraph (1)(a), and

(b) must, in the case of an offender convicted on indictment, be the sheriff court.

Commencement Information

I642 Sch. 11 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

17 (1) The court which makes or amends the community order must— U.K.

(a) forthwith provide the offender with a copy of the order as made or amended, and

(b) provide the home court with—

(i) a copy of the order as made or amended, and

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Where the court—

(a) makes a community order which imposes a requirement specified in column 1 of the table in sub-paragraph (3), or

(b) amends a community order so as to impose or amend such a requirement,

it must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the community order or amending order as relates to that requirement.

(3) The table is—

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(4) This paragraph has effect in place of section 212 (provision of copies of relevant orders).

Commencement Information

I643 Sch. 11 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 U.K. Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

Application U.K.

18 U.K. This Part of this Schedule applies where a community order has effect as made or amended in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I644 Sch. 11 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty to keep in touch with responsible officer U.K.

19 (1) The offender must keep in touch— U.K.

(a) with the local authority officer concerned, in the case of a Scottish community order, or

(b) with the probation officer concerned, in the case of a Northern Ireland community order,

in accordance with such instructions as the officer may give the offender from time to time.

(2) That obligation is enforceable as if it were a requirement imposed by the community order.

(3) This paragraph has effect in place of section 215.

Commencement Information

I645 Sch. 11 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order to be treated as corresponding order in certain circumstances U.K.

20 (1) The community order is to be treated as if it were a corresponding order. U.K.

(2) The relevant home legislation applies accordingly.

(3) In this Schedule, “relevant home legislation”—

(a) in relation to a Scottish community order, means the legislation relating to corresponding orders that has effect in Scotland;

(b) in relation to a Northern Ireland community order, means the legislation relating to corresponding orders that has effect in Northern Ireland.

(4) This paragraph is subject to the following provisions of this Part of this Schedule.

Commencement Information

I646 Sch. 11 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise by home court of powers relating to corresponding orders U.K.

21 (1) The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions. U.K.

(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.

(3) The home court may not discharge or revoke the order.

(4) But that does not prevent the home court from exercising a power to revoke the order where—

(a) the offender has been convicted of a further offence, and

(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5) The home court may not deal with the offender for the offence in respect of which the community order was made.

(6) If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.

(7) If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.

(8) For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—

(a) the court which made the order is now making the community order, and

(b) the offender has just been convicted by or before it of the offence in respect of which the community order was made.

Commencement Information

I647 Sch. 11 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of home court to require offender to appear before court in England and Wales U.K.

22 (1) Where the home court is of the opinion that— U.K.

(a) the offender has breached any of the requirements of the order, or

(b) it would be in the interests of justice for a power conferred by Part 3 of Schedule 10 (revocation of order with or without re-sentencing) to be exercised,

the home court may require the offender to appear before the court which made the order or which last amended the order in England and Wales.

(2) The court may form an opinion within sub-paragraph (1)(a) for the purposes of this paragraph only—

(a) on information from the local authority officer concerned, if the home court is in Scotland, or

(b) upon a complaint being made to a lay magistrate, if the home court is in Northern Ireland.

(3) The court may form an opinion within sub-paragraph (1)(b) for the purposes of this paragraph only on the application—

(a) of the offender, or

(b) of—

(i) the local authority officer concerned, if the home court is in Scotland;

(ii) the probation officer concerned, if the home court is in Northern Ireland.

Commencement Information

I648 Sch. 11 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Home court to certify breach of requirement U.K.

23 (1) Where the home court requires the offender to appear before a court in England and Wales by virtue of paragraph 22(1)(a) (breach of a requirement of the order), the home court must send the court in England and Wales— U.K.

(a) a certificate certifying that the offender has breached a requirement of the community order specified in the certificate, and

(b) such other particulars of the case as may be desirable.

(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court is admissible as evidence of the breach before the court in England and Wales.

Commencement Information

I649 Sch. 11 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court in England and Wales where offender required to appear under paragraph 22 U.K.

24 (1) This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales. U.K.

(2) The court in England and Wales may issue a warrant for the offender's arrest.

(3) The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales.

This is subject to paragraphs 25 and 26.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to—

(a) the local authority officer concerned, in the case of a Scottish community order;

(b) the probation officer concerned, in the case of a Northern Ireland community order.

Commencement Information

I650 Sch. 11 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 (1) This paragraph applies where— U.K.

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Scotland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(3) The court may not impose—

(a) an alcohol abstinence and monitoring requirement,

F384 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(c) an electronic whereabouts monitoring requirement;

(4) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 6;

(b) paragraphs 14 to 23.

Textual Amendments

F384 Sch. 11 para. 25(3)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 9(3); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

Commencement Information

I651 Sch. 11 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

26 (1) This paragraph applies where— U.K.

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(3) The court may not impose an alcohol abstinence and monitoring requirement.

(4) The court may not amend the community order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

(5) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 12.

(6) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—

(a) paragraph 13;

(b) paragraphs 14 to 23.

Commencement Information

I652 Sch. 11 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 U.K. Interpretation

27 U.K. In this Schedule—

• “breach”, in relation to a requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “corresponding order”, in relation to a community order, means the order specified under paragraph 16(3);

• “home court” means—

  (a)

  if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

  (b)

  if the offender resides in Northern Ireland, or will be residing there at the relevant time, a court of summary jurisdiction;

• “the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 responsible for—

  (a)

  the offender's supervision, and

  (b)

  discharging in relation to the offender the functions of the responsible officer under sections 227A to 227ZK of the Criminal Procedure (Scotland) Act 1995;

• “the local council in Scotland” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing at the relevant time;

• “Northern Ireland community order” means a community order made or amended in accordance with Part 2 of this Schedule;

• “the probation officer concerned”, in relation to an offender, means the probation officer responsible for—

  (a)

  the offender's supervision, or

  (b)

  as the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

• “relevant home legislation” has the meaning given by paragraph 20(3);

• “the relevant time”, in relation to the making or amendment of an order in accordance with Part 1, 2 or 4 of this Schedule, means the time when the order or the amendment to it comes into force;

• “Scottish community order” means a community order made or amended in accordance with Part 1 of this Schedule.

Commencement Information

I653 Sch. 11 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 243

SCHEDULE 12 E+W Detention and training order: breach of supervision requirements and further offences

Modifications etc. (not altering text)

C175 Sch. 12 modified by 2006 c. 52, s. 213(1)(b) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Interpretation E+W

1 E+W In this Schedule—

• “breach”, in relation to a supervision requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “supervision requirement” means a requirement with which an offender must comply under—

  (a)

  section 242(4)(b), or

  (b)

  paragraph 4(4)(b);

• “further detention order” means an order under paragraph 3(2)(a);

• “further supervision order” means an order under paragraph 3(2)(b).

Commencement Information

I654 Sch. 12 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of supervision requirement: issue of summons or warrant by justice of the peace E+W

2 (1) Sub-paragraph (2) applies where— E+W

(a) a detention and training order, or a further supervision order, is in force in respect of an offender, and

(b) it appears on information to a justice of the peace that the offender has breached any of the supervision requirements imposed under the order.

(2) The justice—

(a) may issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b) if the information is in writing and on oath, may issue a warrant for the offender's arrest.

(3) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) before a youth court acting for the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, before a youth court acting for same local justice area as the justice who issued the summons or warrant.

Modifications etc. (not altering text)

C176 Sch. 12 para. 2 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4) (with Sch. 27); S.I. 2020/1236, reg. 2)

C177 Sch. 12 para. 2 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I655 Sch. 12 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of youth court to deal with offender for breach of supervision requirement E+W

3 (1) Sub-paragraph (2) applies if it is proved to the satisfaction of the youth court before which an offender appears or is brought under paragraph 2 that the offender has breached a supervision requirement imposed under a relevant order. E+W

(2) The court may—

(a) order the offender to be detained for such period, not exceeding the maximum period found under sub-paragraph (3), as the court may specify,

(b) order the offender to be subject to such period of supervision, not exceeding the maximum period found under sub-paragraph (3), as the court may specify, or

(c) impose on the offender a fine not exceeding level 3 on the standard scale.

(3) The maximum period referred to in sub-paragraph (2)(a) and (b) is the shorter of—

(a) 3 months, and

(b) the period between—

(i) the date of the offender's breach, and

(ii) the last day of the term of the relevant order.

(4) For the purposes of sub-paragraph (3), a breach that is found to have occurred—

(a) over 2 or more days, or

(b) at some time during a period of 2 or more days,

is to be taken to have occurred on the first of those days.

(5) A court may make an order under sub-paragraph (2) before or after the end of the term of the relevant order.

(6) A period of detention or supervision ordered under sub-paragraph (2)—

(a) begins with the day on which the order is made, and

(b) may overlap to any extent with the period of supervision under the relevant order.

This is subject to paragraph 5(1) (further detention order made where offender detained under other detention and training order).

(7) An offender detained under a further detention order is deemed to be in legal custody.

(8) Detention under a further detention order is—

(a) if the offender has reached the age of 21, to be in prison,

(b) otherwise, to be in such youth detention accommodation as the Secretary of State may determine.

(9) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(c),

section 380 (order for payment by parent or guardian) applies to the fine.

(10) A fine imposed under sub-paragraph (2)(c) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(11) An offender may appeal to the Crown Court against any order made under sub-paragraph (2).

(12) In this paragraph—

(a) “relevant order” means—

(i) a detention and training order, or

(ii) a further supervision order;

(b) any reference to the term of a relevant order is—

(i) in the case of a detention and training order, to the term of the order, and

(ii) in the case of a further supervision order, to the period of supervision imposed by the order.

Modifications etc. (not altering text)

C178 Sch. 12 para. 3 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4) (with Sch. 27); S.I. 2020/1236, reg. 2)

C179 Sch. 12 para. 3 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I656 Sch. 12 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Supervision where order made under paragraph 3(2)(b) E+W

4 (1) This paragraph applies where an offender is subject to a period of supervision by virtue of a further supervision order. E+W

(2) During that period of supervision, the offender—

(a) is to be under the supervision of—

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

(ii) a member of a youth offending team, and

(b) may be required to comply with particular requirements.

(3) Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.

(4) The offender must be notified by the Secretary of State of—

(a) the category of person responsible for the offender's supervision, and

(b) any requirements with which the offender must comply.

(5) A notice under sub-paragraph (4) must be given to the offender—

(a) as soon as reasonably practicable after the further supervision order is made, and

(b) before any change in the matters mentioned in that sub-paragraph.

(6) Where the supervision is to be provided by an officer of a provider of probation services, that officer must be an officer acting in the local justice area within which the offender resides for the time being.

(7) Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

Commencement Information

I657 Sch. 12 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interaction of further detention order with other detention and training orders E+W

5 (1) Where— E+W

(a) a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and

(b) the offender—

(i) is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and

(ii) has not at any time been released for supervision under that other order,

the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).

(2) Subject to sub-paragraph (3), where at any time an offender is subject concurrently to—

(a) a relevant detention and training order (see section 248(3)), and

(b) a further detention order,

the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.

(3) Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.

Modifications etc. (not altering text)

C180 Sch. 12 para. 5(2) modified by 2006 c. 52, s. 213(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I658 Sch. 12 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interaction of further detention order with other custodial sentences E+W

6 (1) The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where— E+W

(a) an offender who is subject to a further detention order becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes subject to a further detention order.

(2) The provision that may be made by regulations under this paragraph includes—

(a) provision as to the time at which the further detention order or the custodial sentence is to take effect;

(b) provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the further detention order or the custodial sentence;

(c) provision about the effect of enactments relating to the person's release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.

(3) In this paragraph—

• “custodial sentence” includes—

  (a)

  a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), and

  (b)

  a pre-Code custodial sentence (see section 222(4));

• “further detention order” includes an order made under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I659 Sch. 12 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offence after release for supervision or during further supervision period E+W

7 (1) This paragraph applies where an offender commits an imprisonable offence (“the new offence”)— E+W

(a) after having been released for supervision under a detention and training order but before the date on which the term of the order ends, or

(b) during a period of supervision under a further supervision order.

(2) The court which deals with the offender for the new offence may order the offender to be detained for all or part of the period mentioned in sub-paragraph (3).

(3) That period is the period which—

(a) begins with the date of the order under sub-paragraph (2), and

(b) is equal in length to the period between—

(i) the date on which the new offence was committed, and

(ii) the date on which the term of the detention and training order, or the period of supervision, mentioned in sub-paragraph (1) ends.

(4) A court may make an order under sub-paragraph (2) whether or not it passes any other sentence on the offender.

(5) Detention under sub-paragraph (2) is to be in such youth detention accommodation as the Secretary of State may determine.

(6) The period for which an offender is ordered under sub-paragraph (2) to be detained—

(a) must, as the court may direct—

(i) be served before and be followed by, or

(ii) be served concurrently with,

any sentence imposed for the new offence, and

(b) in either case, is to be disregarded in determining the appropriate length of that sentence.

(7) Where the new offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is be taken for the purposes of this paragraph to have been committed on the last of those days.

(8) A person detained under an order under sub-paragraph (2) is deemed to be in legal custody.

Commencement Information

I660 Sch. 12 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sections 252A, 265 and 278

[F385 SCHEDULE 13 E+W Special sentence for offenders of particular concern: offences

Textual Amendments

F385 Sch. 13 substituted (30.4.2021 except as it has effect as applied by 2006 c. 52, s. 224A) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(b)(3)(f), Sch. 6 (with s. 21(2))

Modifications etc. (not altering text)

C181 Sch. 13 applied (with modifications) by 2006 c. 52, s. 224A(1)(b)(4) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Offences involving or connected with terrorism

Terrorism Act 2000 E+W

1 E+W An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed organisation);

(c) section 15 (fund-raising);

(d) section 16 (use of money or property for terrorist purposes);

(e) section 17 (involvement in terrorist funding arrangements);

(f) section 17A (insuring payments made in response to terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of terrorism);

(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);

(l) section 54 (weapons training);

(m) section 56 (directing terrorist organisation);

(n) section 57 (possession of article for terrorist purposes);

(o) section 58 (collection of information likely to be of use to a terrorist);

(p) section 58A (publishing information about members of the armed forces etc);

(q) section 58B (entering or remaining in a designated area);

(r) section 59 (inciting terrorism overseas).

Anti-terrorism, Crime and Security Act 2001 E+W

2 E+W An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

Terrorism Act 2006 E+W

3 E+W An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices etc).

Counter-Terrorism Act 2008 E+W

4 E+W An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

Terrorism Prevention and Investigation Measures 2011 E+W

5 E+W An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

Counter-Terrorism and Security Act 2015 E+W

6 E+W An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

Inchoate offences E+W

7 E+W An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Abolished offences E+W

8 (1) An abolished offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule. E+W

(2) “Abolished offence”, in relation to an offence (“the current offence”), means an offence that—

(a) was abolished before the relevant date, and

(b) would, if committed on the day on which the offender is or was convicted, have constituted the current offence.

(3) The relevant date is 13 April 2015, unless sub-paragraph (4) or (5) applies.

(4) If the current offence is within—

(a) sub-paragraph (a), (b), (o), (p) or (q) of paragraph 1,

(b) sub-paragraph (a), (b) or (e) of paragraph 3, or

(c) paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),

the relevant date is 12 April 2019.

(5) If the current offence is within—

(a) sub-paragraphs (c) to (k) of paragraph 1,

(b) paragraph 4, 5 or 6, or

(c) paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),

the relevant date is the date on which section 21 of the Counter-Terrorism and Sentencing Act 2021 comes into force.

Offences connection with terrorism E+W

9 E+W An offence, other than one for which the sentence is fixed by law as life imprisonment, which is determined to have a terrorist connection under section 69.

PART 2 E+W Sexual offences

Sexual Offences Act 2003 E+W

10 E+W An offence under either of the following provisions of the Sexual Offences Act 2003—

(a) section 5 (rape of a child under 13);

(b) section 6 (assault of a child under 13 by penetration).

Inchoate offences E+W

11 E+W An inchoate offence in relation to an offence specified paragraph 10.

Abolished offences E+W

12 (1) An abolished offence in relation to an offence specified in either of the preceding paragraphs of this Part of this Schedule. E+W

(2) “Abolished offence”, in relation to an offence (“the current offence”), means an offence that—

(a) was abolished before 13 April 2015, and

(b) would, if committed on the day on which the offender is or was convicted, have constituted the current offence.]

Sections 267 and 280

SCHEDULE 14 E+W Extended sentences: the earlier offence condition: offences

PART 1 E+W Offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

Manslaughter E+W

1 E+W Manslaughter.

Commencement Information

I661 Sch. 14 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861 E+W

2 E+W An offence under any of the following sections of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 28 (causing bodily injury by explosives);

(d) section 29 (using explosives etc with intent to do grievous bodily harm).

Commencement Information

I662 Sch. 14 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883 E+W

3 E+W An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances).

Commencement Information

I663 Sch. 14 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 E+W

4 E+W An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of a firearm with intent to endanger life);

(b) section 17(1) (use of a firearm to resist arrest);

(c) section 18 (carrying a firearm with criminal intent).

Commencement Information

I664 Sch. 14 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

5 E+W An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.

Commencement Information

I665 Sch. 14 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection of Children Act 1978 E+W

6 E+W An offence under section 1 of the Protection of Children Act 1978 (indecent images of children).

Commencement Information

I666 Sch. 14 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2000 E+W

7 E+W An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing terrorist organisation);

(c) section 57 (possession of article for terrorist purposes);

(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I667 Sch. 14 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism Crime and Security Act 2001 E+W

8 E+W An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas);

(c) section 113 (use of noxious substance or thing to cause harm or intimidate).

Commencement Information

I668 Sch. 14 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 E+W

9 E+W An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003	Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent)	The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 7 (sexual assault of a child under 13)
(g) Section 8 (causing or inciting a child under 13 to engage in sexual activity)
(h) Section 9 (sexual activity with a child)
(i) Section 10 (causing or inciting a child to engage in sexual activity)
(j) Section 11 (engaging in sexual activity in the presence of a child)
(k) Section 12 (causing a child to watch a sexual act)
(l) Section 14 (arranging or facilitating commission of a child sex offence)
(m) Section 15 (meeting a child following sexual grooming etc)
(n) Section 25 (sexual activity with a child family member)	The offender is aged 18 or over at the time of the offence
(o) Section 26 (inciting a child family member to engage in sexual activity)	The offender is aged 18 or over at the time of the offence
(p) Section 30 (sexual activity with a person with a mental disorder impeding choice)	The offender is liable on conviction on indictment to imprisonment for life
(q) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity)	The offender is liable on conviction on indictment to imprisonment for life
(r) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)	The offender is liable on conviction on indictment to imprisonment for life
(s) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc)	The offender is liable on conviction on indictment to imprisonment for life
(t) Section 47 (paying for sexual services of a child)	The offence is against a person aged under 16
(u) Section 48 (causing or inciting sexual exploitation of a child)
(v) Section 49 (controlling a child in relation to sexual exploitation)
(w) Section 50 (arranging or facilitating sexual exploitation of a child)
(x) Section 62 (committing an offence with intent to commit a sexual offence)	The offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I669 Sch. 14 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004 E+W

10 E+W An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

Commencement Information

I670 Sch. 14 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2006 E+W

11 E+W An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(c) section 9 (making or possession of radioactive device or materials);

(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities);

(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities).

Commencement Information

I671 Sch. 14 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 E+W

12 E+W An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

Commencement Information

I672 Sch. 14 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Murder E+W

13 E+W Murder.

Commencement Information

I673 Sch. 14 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

14 E+W An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Commencement Information

I674 Sch. 14 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Abolished offences E+W

15 E+W Any offence that—

(a) was abolished (with or without savings) before 3 December 2012, and

(b) would, if committed on the day on which the offender is convicted of the offence referred to in section 267(1)(a) or 280(1)(a) (as appropriate), have constituted an offence specified in any of the preceding paragraphs in this Part of this Schedule.

Commencement Information

I675 Sch. 14 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Offences under service law

16 E+W An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.

Commencement Information

I676 Sch. 14 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule. E+W

(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

Commencement Information

I677 Sch. 14 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Offences under the law of Scotland [F386 or Northern Ireland]

Textual Amendments

F386 Words in Sch. 14 Pt. 3 heading substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 95(4) (with Sch. 27)

18 E+W A civilian offence for which the person was convicted in Scotland [F387 or Northern Ireland] and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

Textual Amendments

F387 Words in Sch. 14 para. 18 substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 95(2) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(b))

Commencement Information

I678 Sch. 14 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F388 19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F388 Sch. 14 para. 19 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 95(3) (with Sch. 27)

F389 20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F389 Sch. 14 para. 20 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 95(3) (with Sch. 27)

[F390 Part 3A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

Textual Amendments

F390 Sch. 14 Pt. 3A inserted (31.12.2020) by Sch. 22 para. 95(5) of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(d))

20A. E+W A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20B. E+W A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.]

PART 4 E+W Interpretation

21 E+W In this Schedule “imprisonment for life” includes custody for life and detention for life.

Commencement Information

I679 Sch. 14 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F391 22. E+W In this Schedule—

• “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.]

Textual Amendments

F391 Sch. 14 para. 22 inserted by Sentencing Act 2020 (c. 17), Sch. 22 para. 95(6) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(d))

Sections 273 and 283

SCHEDULE 15 E+W Life sentence for second offence: listed offences

PART 1 E+W Offences under the law of England and Wales

Commencement Information

I680 Sch. 15 paras. 1-15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

The following offences to the extent that they are offences under the law of England and Wales—

Offence	Specified date
Manslaughter
1	Manslaughter	3 December 2012
Offences against the Person Act 1861
2	An offence under any of the following provisions of the Offences against the Person Act 1861—
	(a) section 4 (soliciting murder)	3 December 2012
	(b) section 18 (wounding with intent to cause grievous bodily harm)	3 December 2012
	(c) section 28 (causing bodily injury by explosives)	13 April 2015
	(d) section 29 (using explosives etc with intent to do grievous bodily harm)	13 April 2015
Explosive Substances Act 1883
3	An offence under any of the following provisions of the Explosive Substances Act 1883—
	(a) section 2 (causing explosion likely to endanger life or property)	13 April 2015
	(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property)	13 April 2015
	(c) section 4 (making or possession of explosive under suspicious circumstances)	13 April 2015
Firearms Act 1968
4	An offence under any of the following provisions of the Firearms Act 1968—
	(a) section 16 (possession of a firearm with intent to endanger life)	3 December 2012
	(b) section 17(1) (use of a firearm to resist arrest)	3 December 2012
	(c) section 18 (carrying a firearm with criminal intent)	3 December 2012
Theft Act 1968
5	An offence of robbery under section 8 of the Theft Act 1968 (robbery) where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968	3 December 2012
Protection of Children Act 1978
6	An offence under section 1 of the Protection of Children Act 1978 (indecent images of children)	3 December 2012
Terrorism Act 2000
7	An offence under any of the following provisions of the Terrorism Act 2000—
	(a) section 54 (weapons training)	13 April 2015
	(b) section 56 (directing terrorist organisation)	3 December 2012
	(c) section 57 (possession of article for terrorist purposes)	3 December 2012
	(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
Anti-terrorism, Crime and Security Act 2001
8	An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
	(a) section 47 (use etc of nuclear weapons)	3 December 2012
	(b) section 50 (assisting or inducing certain weapons-related acts overseas)	3 December 2012
	(c) section 113 (use of noxious substance or thing to cause harm or intimidate)	3 December 2012
Sexual Offences Act 2003
9	An offence under any of the following provisions of the Sexual Offences Act 2003—
	(a) section 1 (rape)	3 December 2012
	(b) section 2 (assault by penetration)	3 December 2012
	(c) section 4 (causing a person to engage in sexual activity without consent) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(d) section 5 (rape of a child under 13)	3 December 2012
	(e) section 6 (assault of a child under 13 by penetration)	3 December 2012
	(f) section 7 (sexual assault of a child under 13)	3 December 2012
	(g) section 8 (causing or inciting a child under 13 to engage in sexual activity)	3 December 2012
	(h) section 9 (sexual activity with a child)	3 December 2012
	(i) section 10 (causing or inciting a child to engage in sexual activity)	3 December 2012
	(j) section 11 (engaging in sexual activity in the presence of a child)	3 December 2012
	(k) section 12 (causing a child to watch a sexual act)	3 December 2012
	(l) section 14 (arranging or facilitating commission of a child sex offence)	3 December 2012
	(m) section 15 (meeting a child following sexual grooming etc)	3 December 2012
	(n) section 25 (sexual activity with a child family member) if the offender is aged 18 or over at the time of the offence	3 December 2012
	(o) section 26 (inciting a child family member to engage in sexual activity) if the offender is aged 18 or over at the time of the offence	3 December 2012
	(p) section 30 (sexual activity with a person with a mental disorder impeding choice) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(q) section 31 (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(r) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(s) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(t) section 47 (paying for sexual services of a child) if the offence is against a person aged under 16	3 December 2012
	(u) section 48 (causing or inciting sexual exploitation of a child)	3 December 2012
	(v) section 49 (controlling a child in relation to sexual exploitation)	3 December 2012
	(w) section 50 (arranging or facilitating sexual exploitation of a child)	3 December 2012
	(x) section 62 (committing an offence with intent to commit a sexual offence) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
Domestic Violence, Crime and Victims Act 2004
10	An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult)	3 December 2012
Terrorism Act 2006
11	An offence under any of the following provisions of the Terrorism Act 2006—
	(a) section 5 of the Terrorism Act 2006 (preparation of terrorist acts)	3 December 2012
	(b) section 6 (training for terrorism)	13 April 2015
	(c) section 9 (making or possession of radioactive device or materials)	3 December 2012
	(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities)	3 December 2012
	(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities)	3 December 2012
Modern Slavery Act 2015
12	An offence under either of the following provisions of the Modern Slavery Act 2015—
	(a) section 1 (slavery, servitude and forced or compulsory labour)	31 July 2015
	(b) section 2 of that Act (human trafficking)	31 July 2015
Inchoate offences
14	An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule (a “relevant offence”)	The date specified for the relevant offence
15	An inchoate offence in relation to murder	3 December 2012

PART 2 E+W Further offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

16 E+W Murder.

Commencement Information

I681 Sch. 15 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 E+W Any offence that—

(a) was abolished (with or without savings) before 3 December 2012, and

(b) would, if committed when the index offence was committed, have constituted an offence specified in Part 1 of this Schedule.

Commencement Information

I682 Sch. 15 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Offences under service law

18 E+W An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 or 2 of this Schedule.

Commencement Information

I683 Sch. 15 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 or 2 of this Schedule. E+W

(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

Commencement Information

I684 Sch. 15 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Offences under the law of Scotland [F392 or Northern Ireland]

Textual Amendments

F392 Words in Sch. 15 Pt. 4 heading substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(4) (with Sch. 27)

20 E+W A civilian offence for which the person was convicted in Scotland [F393 or Northern Ireland] and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

F394 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F393 Words in Sch. 15 para. 20 substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 96(2)(a) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(b))

F394 Words in Sch. 15 para. 20 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), Sch. 22 para. 96(2)(b) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(b))

Commencement Information

I685 Sch. 15 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F395 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395 Sch. 15 paras. 21-23 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(3) (with Sch. 27)

F395 22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395 Sch. 15 paras. 21-23 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(3) (with Sch. 27)

F395 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395 Sch. 15 paras. 21-23 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(3) (with Sch. 27)

[F396 Part 4A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

Textual Amendments

F396 Sch. 15 Pt. 4A inserted (31.12.2020) by Sch. 22 para. 96(5) of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(d))

23A. E+W If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—

(a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;

(b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23C.

23B. E+W Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

(a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and

(b) with the omission of paragraphs 23A(b).]

PART 5 E+W Interpretation

24 (1) In this Schedule— E+W

• [F397 “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;]

• “imprisonment for life” includes custody for life and detention for life;

• “index offence” has the same meaning as in section 273 or 283 (as appropriate).

• [F397 “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.]

(2) The references in Part 1 of this Schedule to offences under sections 48, 49 and 50 of the Sexual Offences Act 2003 include references to offences under those sections as they had effect before the amendments made by section 68 of the Serious Crime Act 2015 (child sexual exploitation) came into force.

Textual Amendments

F397 Words in Sch. 15 para. 24(1) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 96(6) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(d))

Commencement Information

I686 Sch. 15 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 303

SCHEDULE 16 U.K. Breach or amendment of suspended sentence order, and effect of further conviction

Modifications etc. (not altering text)

C182 Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Preliminary

Interpretation: general E+W

1 (1) In this Schedule, in relation to a suspended sentence order— E+W

• “activation order” has the meaning given by paragraph 14(1);

• “the appropriate court” means—

  (a)

  in the case of a suspended sentence order which is subject to review, the court responsible for the order,

  (b)

  in the case of a Crown Court order, the Crown Court, and

  (c)

  in any other case, a magistrates' court acting in the local justice area for the time being specified in the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Commencement Information

I687 Sch. 16 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement officers E+W

2 (1) In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State. E+W

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) For this purpose, “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I688 Sch. 16 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

“Order subject to magistrates' court supervision” and “Crown Court order” E+W

3 E+W In this Schedule—

• “order subject to magistrates' court supervision” means a suspended sentence order that imposes any community requirement which—

  (a)

  was made by a magistrates' court, or

  (b)

  was made by the Crown Court and includes a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court;

• “Crown Court order” means a suspended sentence order that imposes any community requirement which—

  (a)

  was made by the Crown Court, and

  (b)

  does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court.

Commencement Information

I689 Sch. 16 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders and community requirements which are subject to review E+W

4 (1) For the purposes of this Schedule, a suspended sentence order is subject to review if— E+W

(a) the order is subject to review in accordance with section 293(1) [F398 or 293A(1)], or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

(2) In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given—

(a) in section 293(4) [F399 or 293A(3)], or

(b) in paragraph 21(4) of Schedule 9,

(as the case may be).

Textual Amendments

F398 Words in Sch. 16 para. 4(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(2)(a)

F399 Words in Sch. 16 para. 4(2)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(2)(b)

Commencement Information

I690 Sch. 16 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

5 E+W A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I691 Sch. 16 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Breach of community requirement or conviction of further offence

Breach of community requirement: duty to give warning or refer to enforcement officer E+W

6 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a community requirement of a suspended sentence order. E+W

(2) If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any community requirement of the order, the officer must refer the matter to an enforcement officer.

(3) Otherwise the officer must either—

(a) give the offender a warning under this paragraph, or

(b) refer the matter to an enforcement officer.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I692 Sch. 16 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of enforcement officer E+W

7 E+W Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—

(a) consider the case, and

(b) where appropriate, cause an information to be laid in respect of the offender's breach of the requirement—

(i) in the case of an order subject to magistrates' court supervision, before a justice of the peace;

(ii) in the case of a Crown Court order, before the Crown Court.

Commencement Information

I693 Sch. 16 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order subject to magistrates' court supervision: issue of summons or warrant by justice E+W

8 (1) This paragraph applies where, during the supervision period of an order subject to magistrates' court supervision, it appears on information to a justice of the peace that the offender has breached any community requirement of the order. E+W

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a suspended sentence order which is subject to review, before the court responsible for the order;

(b) in any other case, before a magistrates' court acting in—

(i) the local justice area in which the offender resides, or

(ii) if it is not known where the offender resides, in the offender's home local justice area.

(4) Where—

(a) a summons issued under this paragraph requires the offender to appear before a magistrates' court, and

(b) the offender does not appear in answer to the summons,

the magistrates' court may issue a warrant for the arrest of the offender.

Commencement Information

I694 Sch. 16 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crown Court order: issue of summons or warrant by Crown Court E+W

9 (1) This paragraph applies where, during the supervision period of a Crown Court order, it appears on information to the Crown Court that the offender has breached any community requirement of the order. E+W

(2) The Crown Court may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

(4) Where—

(a) a summons issued under this paragraph requires the offender to appear before the Crown Court, and

(b) the offender does not appear in answer to the summons,

the Crown Court may issue a warrant for the arrest of the offender.

Commencement Information

I695 Sch. 16 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F400 Issue of summons or warrant after review hearing in special procedure cases U.K.

Textual Amendments

F400 Sch. 16 para. 9A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(3)

9A (1) This paragraph applies where— U.K.

(a) a suspended sentence order is subject to review in accordance with section 293A(1),

(b) on a review hearing under section 294(5) a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, and

(c) the court does not deal with the case forthwith under section 294(5).

(2) The court may at any time—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) issue a warrant for the offender’s arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.

(4) Where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.]

Offender before magistrates' court: breach of community requirement E+W

10 (1) This paragraph applies where— E+W

(a) the offender is before a magistrates' court (“the present court”) in relation to a suspended sentence order by virtue of—

(i) paragraph 8 [F401 or 9A] (breach of community requirement), or

(ii) section 294(5) (review), and

(b) it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

(2) If the suspended sentence order was made by a magistrates' court, the present court must deal with the case under paragraph 13.

(3) If the suspended sentence order was made by the Crown Court, the present court must—

(a) deal with the case under paragraph 13, or

(b) commit the offender to custody or release the offender on bail until the offender can be brought or appear before the Crown Court.

(4) If the present court deals with the case under sub-paragraph (3)(b), it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has breached the community requirements of the suspended sentence order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the breach before the Crown Court.

Textual Amendments

F401 Words in Sch. 16 para. 10(1)(a)(i) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(4)

Commencement Information

I696 Sch. 16 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offender before magistrates' court: further conviction E+W

11 (1) Where— E+W

(a) an offender is convicted of an offence committed during the operational period of a suspended sentence order (and the suspended sentence has not already taken effect),

(b) the suspended sentence order was made by a magistrates' court, and

(c) the offender is before a magistrates' court (“the present court”), whether on conviction of that other offence or subsequently,

the present court must deal with the case under paragraph 13.

(2) Where an offender is convicted by a magistrates' court of any offence (“the new offence”) which the court is satisfied was committed during the operational period of a suspended sentence order made by the Crown Court, the court—

(a) may commit the offender in custody or on bail to the Crown Court, and

(b) if it does not, must give written notice of the conviction to the appropriate officer of the Crown Court.

(3) Sub-paragraph (1) does not apply to the present court if it commits the offender to the Crown Court under section 20 (which confers power for magistrates' court to commit to Crown Court in certain circumstances in respect of the suspended sentence where it commits in respect of new offence) to be dealt with in respect of the suspended sentence order.

(4) Where a magistrates' court commits a person to the Crown Court under sub-paragraph (2)(a), any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead [F402 be] exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

Textual Amendments

F402 Word in Sch. 16 para. 11(4)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 8

Commencement Information

I697 Sch. 16 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offender before Crown Court: breach of community requirement or further conviction E+W

12 (1) Where— E+W

(a) an offender to whom a suspended sentence order relates is before the Crown Court, and

(b) sub-paragraph (2) or (3) applies,

the court must deal with the case under paragraph 13.

(2) This sub-paragraph applies where—

(a) the offender is before the Crown Court in relation to the order by virtue of—

(i) paragraph 9 [F403 or 9A] (summons or warrant for breach of community requirement),

(ii) section 294(5) (review of order), or

(iii) paragraph 10(3)(b) (committal from magistrates' court), and

(b) it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

(3) This sub-paragraph applies where the offender—

(a) has been convicted of an offence committed during the operational period of the suspended sentence order, and

(b) the suspended sentence has not taken effect.

(4) In proceedings before the Crown Court under this paragraph—

(a) any question whether the offender has breached a community requirement of the suspended sentence order, and

(b) any question whether the offender has been convicted during the operational period of the suspended sentence,

is to be determined by the court and not by the verdict of a jury.

Textual Amendments

F403 Words in Sch. 16 para. 12(2)(a)(i) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(5)

Commencement Information

I698 Sch. 16 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court to deal with offender on breach of requirement or subsequent conviction E+W

13 (1) Where a court deals with a case under this paragraph, the court must deal with the offender in one of the following ways— E+W

(a) the court may order that the suspended sentence is to take effect with its original term unaltered;

(b) the court may order that the suspended sentence is to take effect with the substitution for the original term of a lesser term;

(c) the court may order the offender to pay a fine of an amount not exceeding £2,500;

(d) in the case of a suspended sentence order that imposes one or more community requirements, the court may amend the order by doing any one or more of the following—

(i) imposing more onerous community requirements which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order,

(ii) subject to section 288(4), extending the supervision period, or

(iii) subject to section 288(2), extending the operational period;

[F404 (da) in a case where the suspended sentence order qualifies for special procedures for the purposes of this paragraph, the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the court may order the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);]

(e) in the case of a suspended sentence order that does not impose any community requirement, the court may, subject to section 288(2), amend the order by extending the operational period.

(2) The criminal courts charge duty (see section 46) applies where—

(a) a magistrates' court deals with an offender under this paragraph by virtue of paragraph 10 (breach of community requirement), or

(b) the Crown Court deals with an offender under this paragraph by virtue of paragraph 12(2) (breach of community requirement).

(3) Where a court deals with an offender under sub-paragraph (1) in respect of a suspended sentence, the appropriate officer of the court must notify the appropriate officer of the court which passed the sentence of the method adopted.

Textual Amendments

F404 Sch. 16 para. 13(1)(da) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(6)

Commencement Information

I699 Sch. 16 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power in paragraph 13: duty to make activation order where not unjust E+W

14 (1) Where the court deals with the case under paragraph 13, it must make an order under paragraph 13(1)(a) or (b) (“an activation order”) unless it is of the opinion that it would be unjust to do so in view of all the circumstances, including the matters mentioned in sub-paragraph (2). E+W

Where it is of that opinion the court must state its reasons.

(2) The matters referred to in sub-paragraph (1) are—

(a) the extent to which the offender has complied with any community requirements of the suspended sentence order, F405 ...

(b) in a case falling within paragraph 11 or 12(3) (conviction of further offence during operational period), the facts of the subsequent offence [F406 , and

(c) in a case where the suspended sentence order qualifies for special procedures for the purposes of paragraph 13(1)(da), the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the possibility of making an order under paragraph 13(1)(da).]

Textual Amendments

F405 Word in Sch. 16 para. 14(2)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(7)(a)

F406 Sch. 16 para. 14(2)(c) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(7)(b)

Commencement Information

I700 Sch. 16 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activation orders: further provision E+W

15 (1) This paragraph applies where a court makes an activation order relating to a suspended sentence. E+W

(2) The activation order may provide for—

(a) the sentence to take effect immediately, or

(b) the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.

This is subject to section 225 (restriction on consecutive sentences for released prisoners).

(3) For the purpose of any enactment conferring rights of appeal in criminal cases, each of the following orders is to be treated as a sentence passed on the offender by the court for the offence for which the suspended sentence was passed—

(a) the activation order;

(b) any order made by the court under section 46 (criminal courts charge duty) when making the activation order.

(4) In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).

Commencement Information

I701 Sch. 16 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power under paragraph 13 to fine or amend community requirements: further provision E+W

16 (1) A fine imposed under paragraph 13(1)(c) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction. E+W

(2) Paragraph 13(1)(d)(i) (power to impose more onerous requirements) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.

Commencement Information

I702 Sch. 16 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F407 Power under paragraph 13(1)(da) to commit to prison: further provision U.K.

Textual Amendments

F407 Sch. 16 para. 16A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(8)

16A (1) In the case of an offender under the age of 21— U.K.

(a) an order under paragraph 13(1)(da) must be for committal to a young offender institution instead of to prison, but

(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.

(2) A person committed to prison or a young offender institution by an order under paragraph 13(1)(da) is to be regarded as being in legal custody.

(3) No more than three orders under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.]

Treatment requirement: reasonable refusal to undergo certain treatment E+W

17 (1) Sub-paragraph (2) applies where the offender— E+W

(a) is required by a treatment requirement of a suspended sentence order to submit to treatment, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 10(1)(b) or 12(2)(b) as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

(3) In this paragraph, “treatment requirement” means—

(a) a mental health treatment requirement,

(b) a drug rehabilitation requirement, or

(c) an alcohol treatment requirement.

Commencement Information

I703 Sch. 16 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty of court in Scotland or Northern Ireland when informed of suspended sentence U.K.

18 U.K. Where—

(a) an offender is convicted in Scotland or Northern Ireland of an offence, and

(b) the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,

the court must give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.

Commencement Information

I704 Sch. 16 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence E+W

19 (1) This paragraph applies where it appears to the Crown Court that an offender— E+W

(a) has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence order passed by the Crown Court, and

(b) has not been dealt with in respect of the suspended sentence.

(2) The Crown Court may issue—

(a) a summons requiring the offender to appear at the place and time specified in it, or

(b) a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

Commencement Information

I705 Sch. 16 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20 (1) This paragraph applies where it appears to a justice of the peace that an offender— E+W

(a) has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence passed by a magistrates' court acting in the same local justice area as the justice, and

(b) has not been dealt with in respect of the suspended sentence.

(2) The justice may issue—

(a) a summons requiring the offender to appear at the place and time specified in it, or

(b) a warrant for the offender's arrest.

This is subject to sub-paragraphs (3) and (4).

(3) Unless acting in consequence of a notice under paragraph 18 (conviction in Scotland or Northern Ireland), a justice—

(a) may not issue a summons under this paragraph except on information, and

(b) may not issue a warrant under this paragraph except on information in writing and on oath.

(4) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court by which the suspended sentence was passed.

Commencement Information

I706 Sch. 16 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Amendment of order

Application of Part E+W

21 E+W This Part of this Schedule applies during the supervision period of a suspended sentence order that imposes one or more community requirements.

Commencement Information

I707 Sch. 16 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Cancellation of community requirements of suspended sentence order E+W

22 (1) This paragraph applies where an application is made to the appropriate court by— E+W

(a) the offender, or

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

for the community requirements of the suspended sentence order to be cancelled.

(2) If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may cancel the community requirements of the suspended sentence order.

(3) The circumstances in which community requirements of the order may be cancelled under sub-paragraph (2) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision.

(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending.

Commencement Information

I708 Sch. 16 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment because of change of residence E+W

23 (1) This paragraph applies where— E+W

(a) the offender is given permission under section 302 to change residence, and

(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) If the permission is given by a court, the court must amend the suspended sentence order to specify the new local justice area as the offender's home local justice area.

[F408 (3) If the permission is given by the responsible officer—

(a) the officer must give notice to the appropriate court of the permission, and

(b) the court must amend the order as set out in sub-paragraph (2).]

Textual Amendments

F408 Sch. 16 para. 23(3) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 151(5), 208(5)(q)

Commencement Information

I709 Sch. 16 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) This paragraph applies where— E+W

(a) a court amends the suspended sentence order,

(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c) the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) The court must amend the order to specify the new local justice area.

Commencement Information

I710 Sch. 16 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F409 Amendment because of variation of curfew requirement by responsible officer E+W

Textual Amendments

F409 Sch. 16 para. 24A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 151(6), 208(5)(q)

24A (1) This paragraph applies where at any time the responsible officer gives— E+W

(a) a copy of a variation notice in relation to a suspended sentence order, and

(b) evidence of the offender’s consent to the notice,

to the appropriate court under paragraph 10A of Schedule 9.

(2) The appropriate court must amend the order to reflect the effect of the variation notice.]

Amendment of community requirements of suspended sentence order E+W

25 (1) The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend any community requirement of the suspended sentence order— E+W

(a) by cancelling the requirement, or

(b) by replacing it with a requirement of the same kind, which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.

(2) For the purposes of sub-paragraph (1)—

(a) a requirement falling within any entry in the table in section 287 is of the same kind as any other requirement falling within that entry, and

(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(3) Sub-paragraph (1)(b) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.

(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending, other than an application which—

(a) relates to a treatment requirement, and

(b) is made by an officer of a provider of probation services with the offender's consent.

(5) Before exercising its powers under this paragraph, the court must summon the offender to appear before the court, unless—

(a) the application was made by the offender, or

(b) the order would cancel a community requirement of the suspended sentence order.

(6) If the offender fails to appear in answer to a summons under sub-paragraph (5) the court may issue a warrant for the offender's arrest.

(7) If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—

(a) revoke—

(i) the suspended sentence order, and

(ii) the suspended sentence to which it relates, and

(b) re-sentence the offender for the offence in respect of which the suspended sentence was imposed.

(8) In dealing with the offender under sub-paragraph (7)(b), the court must take into account the extent to which the offender has complied with the requirements of the order.

(9) In this paragraph “treatment requirement” means—

(a) a mental health treatment requirement,

(b) a drug rehabilitation requirement, or

(c) an alcohol treatment requirement.

Commencement Information

I711 Sch. 16 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of treatment requirement on report of practitioner E+W

26 (1) This paragraph applies where the suspended sentence order contains a treatment requirement under which the offender is being treated and the treatment practitioner— E+W

(a) is of the opinion that—

(i) the treatment of the offender should be continued beyond the period specified in that behalf in the order,

(ii) the offender needs different treatment,

(iii) the offender is not susceptible to treatment, or

(iv) the offender does not require further treatment, or

(b) is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2) The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3) The responsible officer must cause an application to be made under paragraph 25 to the appropriate court for the requirement to be replaced or cancelled.

(4) For the purposes of this paragraph—

(a) “treatment requirement” means—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement;

(b) the treatment practitioner is—

(i) the person specified in the order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(ii) in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Commencement Information

I712 Sch. 16 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of unpaid work requirement E+W

27 (1) This paragraph applies where the suspended sentence order imposes an unpaid work requirement. E+W

(2) The appropriate court may, in relation to the order, extend the period of 12 months specified in paragraph 1(1) of Schedule 9.

(3) The power in sub-paragraph (2) is exercisable only where—

(a) an application is made by—

(i) the offender, or

(ii) an officer of a provider of probation services, and

(b) it appears to the appropriate court that it would be in the interests of justice to exercise it in the way proposed having regard to circumstances which have arisen since the order was made.

(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending.

Commencement Information

I713 Sch. 16 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Supplementary

Provision of copies of orders etc E+W

28 (1) This paragraph applies on the making by a court of an order under this Schedule amending or revoking a suspended sentence order. E+W

(2) The court must provide copies of the amending or revoking order to—

(a) the offender, and

(b) the responsible officer.

(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—

(a) a provider of probation services that is a public sector provider operating in that area, and

(b) the magistrates' court acting in that area.

(4) In the case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(5) Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the amendment or revocation (“the former home area”), the court must provide a copy of the amending or revoking order to a magistrates' court acting in the former home area.

(6) Where under sub-paragraph (3) the court provides a copy of an amending or revoking order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(7) In this paragraph “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I714 Sch. 16 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 304

SCHEDULE 17 U.K. Transfer of suspended sentence orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C183 Sch. 17 applied (with modifications) by 2006 c. 52, ss. 200, 204 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 U.K. Scotland

Restriction on making relevant suspended sentence order where offender resides in Scotland U.K.

1 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Scotland, or

(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2) The court may make a relevant suspended sentence order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and

(b) the order will satisfy paragraphs 8 and 9.

(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Modifications etc. (not altering text)

C184 Sch. 17 para. 1 modified by 2006 c. 52, s. 200(1)(e)(i) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I715 Sch. 17 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of relevant suspended sentence order to become SSSO U.K.

2 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is in force,

(b) the appropriate court is satisfied that the offender—

(i) resides in Scotland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Scotland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

Commencement Information

I716 Sch. 17 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 2. U.K.

(2) If the court amends a relevant suspended sentence order in accordance with paragraph 2, it may not provide for it to be subject to review.

Commencement Information

I717 Sch. 17 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Northern Ireland

Restriction on making suspended sentence order where offender resides in Northern Ireland U.K.

4 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2) The court may make a relevant suspended sentence order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and

(b) the order will satisfy paragraphs 8 and 9.

(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Modifications etc. (not altering text)

C185 Sch. 17 para. 4 modified by 2006 c. 52, s. 200(1)(e)(ii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I718 Sch. 17 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of relevant suspended sentence order to become an NISSO U.K.

5 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is in force,

(b) the appropriate court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

Commencement Information

I719 Sch. 17 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 5. U.K.

(2) If the court amends a relevant suspended sentence order in accordance with paragraph 5, it may not provide for it to be subject to review.

Commencement Information

I720 Sch. 17 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 U.K. Making of orders

Modifications etc. (not altering text)

C186 Sch. 17 Pt. 3 modified by 2006 c. 52, s. 200(1)(e)(iii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Making or amending a suspended sentence order under U.K.

7 U.K. This Part of this Schedule applies where, in accordance with Part 1 or 2 of this Schedule, a court—

(a) makes an SSSO or an NISSO, or

(b) amends a suspended sentence order so as to become an SSSO or an NISSO.

Commencement Information

I721 Sch. 17 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community requirements: availability and restrictions on imposition U.K.

8 (1) If the order is an SSSO, it must not impose— U.K.

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

(2) If the order is an NISSO—

(a) it must not impose an alcohol abstinence and monitoring requirement;

(b) it must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(i) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(ii) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

Commencement Information

I722 Sch. 17 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 (1) The order, as made or amended, may not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) in relation to an NISSO, an attendance centre requirement [F410 , where such a requirement is available (see section 207(3))];

(h) an electronic compliance monitoring requirement [F411 , where such a requirement is available (see section 207(4))].

Textual Amendments

F410 Words in Sch. 17 para. 9(2)(g) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(2)(a); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

F411 Words in Sch. 17 para. 9(2)(h) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(2)(b); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

Commencement Information

I723 Sch. 17 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 U.K. Schedule 9 (requirements) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i) in relation to an SSSO or proposed SSSO—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”;

(ii) in relation to an NISSO or proposed NISSO—

““in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in relation to an NISSO or proposed NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Commencement Information

I724 Sch. 17 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order U.K.

11 (1) The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must— U.K.

(a) if it is an SSSO, specify the local authority area in Scotland in which the offender resides or will be residing at the relevant time, or

(b) if it is an NISSO, specify that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2) This paragraph has effect in place of section 296 (offender's home local justice area to be specified).

Commencement Information

I725 Sch. 17 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order to require home authority to appoint relevant officer U.K.

12 U.K. The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must require the home authority to appoint or assign—

(a) an officer, in the case of an SSSO, or

(b) a probation officer, in the case of an NISSO,

who will be responsible for discharging in relation to the offender the functions conferred on responsible officers in relation to relevant suspended sentence orders by this Code.

Commencement Information

I726 Sch. 17 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

13 (1) This paragraph applies where a court makes an order (“the transferring order”) which makes or amends a suspended sentence order as mentioned in paragraph 7. U.K.

(2) The court must forthwith provide the offender with a copy of the transferring order.

(3) The court must provide—

(a) the home authority, and

(b) the home court,

with the relevant documents.

(4) In sub-paragraph (3), “the relevant documents” means—

(a) a copy of the suspended sentence order as made or amended, and

(b) such other documents and information relating to the case as the court considers likely to be of assistance.

(5) Where the transferring order imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the transferring order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(6) Sub-paragraphs (7) and (8) apply where the transferring order is an order amending a suspended sentence order in accordance with paragraph 2 or 5.

(7) The court must provide a copy of the transferring order to the responsible officer.

(8) Where the court making the transferring order acts in a local justice area other than the offender's home local justice area specified in the suspended sentence order prior to the amendment (“the former home area”), the court must provide a copy of the transferring order to a magistrates' court acting in the former home area.

(9) This paragraph applies in place of—

(a) section 298 (provision of copies of suspended sentence orders), and

(b) paragraph 28 of Schedule 16 (provision of copies following amendment of suspended sentence order).

Commencement Information

I727 Sch. 17 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 U.K. Provisions where SSSO or NISSO is in force

Application U.K.

14 (1) This Part of this Schedule applies while an SSSO or NISSO is in force in relation to an offender. U.K.

(2) This is subject to Part 8 of this Schedule (transfer to England and Wales).

Commencement Information

I728 Sch. 17 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of responsible officer to be carried out by relevant officer U.K.

15 U.K. Sections 300 to 302 (role of responsible officer) apply as if any reference to the responsible officer were to the relevant officer.

Commencement Information

I729 Sch. 17 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community requirements U.K.

16 U.K. Schedule 9 (requirements) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i) in relation to an SSSO—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”;

(ii) in relation to an NISSO—

““in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in relation to an NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Commencement Information

I730 Sch. 17 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 U.K. Breach of community requirement

Application U.K.

17 U.K. This Part of this Schedule—

(a) applies where an SSSO or an NISSO is in force in respect of an offender, and

(b) includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).

Commencement Information

I731 Sch. 17 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of community requirement: duty to give warning or refer to home court U.K.

18 (1) This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order. U.K.

(2) If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—

(a) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(b) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(3) Otherwise the officer must—

(a) give the offender a warning under this paragraph,

(b) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(c) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the relevant officer must record that fact.

(6) For the purposes of sub-paragraph (2), a relevant warning is a warning under—

(a) this paragraph, or

(b) paragraph 6 of Schedule 16 (corresponding provision for order not transferred to Scotland or Northern Ireland).

(7) If the suspended sentence order is amended under paragraph 35 (transfer back to England and Wales), the reference in paragraph 6(2) of Schedule 16 to a previous warning under paragraph 6 of that Schedule includes a reference to a warning under this paragraph.

Commencement Information

I732 Sch. 17 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of citation or warrant by home court U.K.

19 (1) Sub-paragraph (2) applies where it appears to the home court— U.K.

(a) if that court is in Scotland, on information from the relevant officer, or

(b) if that court is in Northern Ireland, upon a complaint being made by the relevant officer,

that the offender has breached a community requirement of the suspended sentence order without reasonable excuse.

(2) The home court may—

(a) if it is in Scotland—

(i) issue a citation requiring the offender to appear before it at the time specified in the citation, or

(ii) issue a warrant for the offender's arrest;

(b) if it is in Northern Ireland—

(i) issue a summons requiring the offender to appear before it at the time specified in the summons, or

(ii) issue a warrant for the offender' arrest.

Commencement Information

I733 Sch. 17 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of home court to determine breach or refer to original court U.K.

20 (1) The court before which an offender appears or is brought by virtue of paragraph 19 must— U.K.

(a) determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or

(b) require the offender to appear before the original court.

(2) Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.

(3) The court must—

(a) require the offender to appear before the original court, and

(b) send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.

(4) Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).

(5) Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.

(6) Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.

(7) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).

Commencement Information

I734 Sch. 17 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Determination by home court of breach of community requirement: further provision U.K.

21 (1) Sub-paragraph (2) applies where an offender— U.K.

(a) is required by any of the following community requirements of a suspended sentence order to submit to treatment—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.

(3) Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.

(4) If the order—

(a) is an SSSO, and

(b) contains an electronic monitoring requirement,

section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).

Commencement Information

I735 Sch. 17 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 U.K. Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).

Commencement Information

I736 Sch. 17 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of Part 2 of Schedule 16 etc U.K.

23 (1) Part 2 of Schedule 16 (breach of community requirement and effect of further conviction), apart from paragraphs 6 and 7, applies as if— U.K.

(a) any reference to the responsible officer were to the relevant officer;

(b) any reference to a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;

(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d) any reference to the appropriate court were to the original court;

(e) for sub-paragraphs (i) and (ii) of paragraph 8(3)(b) there were substituted “ the same local justice area as the original court ”.

(2) No court in England and Wales may exercise any power in relation to any breach by the offender of a community requirement of the order unless the offender has been required to appear before that court in accordance with paragraph 20(1)(b) or (3)(a).

Commencement Information

I737 Sch. 17 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 U.K. Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland

Application U.K.

24 U.K. This Part of this Schedule—

(a) applies where an SSSO or an NISSO is in force in respect of an offender, and

(b) includes provisions that modify, or apply in place of, certain provisions of Part 3 of Schedule 16 (amendment of suspended sentence order).

Commencement Information

I738 Sch. 17 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of Part 3 of Schedule 16 U.K.

25 U.K. Part 3 of Schedule 16 (amendment of suspended sentence order) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) any reference a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;

(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d) any reference to the appropriate court were to the original court;

(e) in the case of an SSSO, in paragraphs 23 and 24 of that Schedule (amendment by reason of change of residence), any reference to the offender's home local justice area were to the local authority area specified in the order, and any other reference to a local justice area were to a local authority area;

(f) in the case of an NISSO, those paragraphs were omitted.

Commencement Information

I739 Sch. 17 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers to amend suspended sentence order exercisable by home court U.K.

26 (1) The home court may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) as if it were the original court. U.K.

This is subject to sub-paragraph (2).

(2) Where paragraph 25(7) of Schedule 16 (power to deal with offender who fails to express willingness to comply with amended treatment requirement) applies, the home court—

(a) may not exercise the power conferred by that provision, and

(b) must require the offender to appear before the original court.

(3) See paragraph 27 and Part 7 of this Schedule for provisions that apply to the home court where it exercises a power by virtue of sub-paragraph (1).

Commencement Information

I740 Sch. 17 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Cases in which offender is to be required to appear before home court U.K.

27 (1) This paragraph applies in place of sub-paragraphs (5) and (6) of paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) in relation to any exercise by the home court of the power conferred by sub-paragraph (1) of that paragraph. U.K.

(2) Before exercising the power, the home court must issue—

(a) a citation, if it is Scotland, or

(b) a summons, if it is in Northern Ireland,

requiring the offender to appear before it.

(3) If the offender does not appear in answer to a citation or summons under sub-paragraph (2), the court may issue a warrant for the offender's arrest.

(4) Sub-paragraph (2) does not apply where the home court exercises the power—

(a) on the application of the offender, or

(b) to cancel a community requirement of the suspended sentence order.

Commencement Information

I741 Sch. 17 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modification of sections 300 to 302 and Schedule 9 U.K.

28 (1) This paragraph applies where the home court is considering amending an SSSO or an NISSO under Part 3 of Schedule 16 by virtue of this Part of this Schedule. U.K.

(2) Sections 300 to 302 (functions of responsible officer) and Schedule 9 (requirements) apply as if any reference to a provider of probation services were—

(a) in the case of an SSSO, to a local authority in Scotland;

(b) in the case of an NISSO, to the Probation Board for Northern Ireland.

Commencement Information

I742 Sch. 17 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power for home court to refer application to original court U.K.

29 (1) This paragraph applies where an application is made to the home court under Part 3 of Schedule 16 by virtue of paragraph 26 of this Schedule (powers to amend order exercisable by home court). U.K.

(2) The home court may (instead of dealing with the application) require the offender to appear before the original court.

Commencement Information

I743 Sch. 17 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers exercisable by court in England and Wales only after home court consideration U.K.

30 (1) No court in England and Wales may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) unless the offender has been required to appear before that court in accordance with— U.K.

(a) paragraph 26(2)(b) of this Schedule (refusal of offender to express willingness to comply with amended treatment requirement), or

(b) paragraph 29(2) of this Schedule (power of home court to refer application to original court).

(2) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power in the circumstances mentioned in sub-paragraph (1)(a) or (b).

Commencement Information

I744 Sch. 17 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 U.K. Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

Application U.K.

31 U.K. This Part of this Schedule applies where—

(a) a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,

(b) the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or

(c) a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.

Commencement Information

I745 Sch. 17 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on exercise of powers to amend order U.K.

32 (1) The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender's supervision can be made by— U.K.

(a) the local council in Scotland, if the order is an SSSO, or

(b) the Probation Board for Northern Ireland, if the order is an NISSO.

(2) If the order is an SSSO, the court must not impose—

(a) an alcohol abstinence and monitoring requirement,

F412 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an electronic whereabouts monitoring requirement.

(3) If the order is an NISSO—

(a) the court must not impose an alcohol abstinence and monitoring requirement;

(b) the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(i) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(ii) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

(4) The court must not impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(5) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) in relation to an NISSO, an attendance centre requirement [F413 , where such a requirement is available (see section 291(3))];

(h) an electronic compliance monitoring requirement [F414 , where such a requirement is available (see section 291(4))].

(6) The court may not provide for the SSSO or NISSO to be subject to review.

Textual Amendments

F412 Sch. 17 para. 32(2)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(3)(a); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

F413 Words in Sch. 17 para. 32(5)(g) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(3)(b)(i); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

F414 Words in Sch. 17 para. 32(5)(h) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(3)(b)(ii); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

Commencement Information

I746 Sch. 17 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

33 (1) This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies. U.K.

(2) The court must provide copies of the amending order to—

(a) the offender, and

(b) the relevant officer.

(3) Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide—

(a) the home authority, and

(b) the home court,

with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.

Commencement Information

I747 Sch. 17 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Application of provisions of Part 3 of this Schedule U.K.

34 U.K. Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I748 Sch. 17 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 U.K. Amendment of order: return to England and Wales

Amendment of order: return to England and Wales U.K.

35 (1) This paragraph applies where— U.K.

(a) an SSSO or NISSO is in force in respect of an offender, and

(b) the home court is satisfied that the offender is residing or proposes to reside in England and Wales.

(2) The home court—

(a) may, and

(b) on the application of the relevant officer must,

amend the suspended sentence order by requiring it to be complied with in England and Wales.

Commencement Information

I749 Sch. 17 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on exercise of power under this Part of this Schedule U.K.

36 (1) This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside. U.K.

(2) The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender resides in that area.

Commencement Information

I750 Sch. 17 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

37 (1) This paragraph applies where the SSSO or NISSO imposes a programme requirement. U.K.

(2) The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.

Commencement Information

I751 Sch. 17 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making of order under this Part of this Schedule U.K.

38 (1) This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO. U.K.

(2) The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).

(3) The home court must—

(a) provide copies of the amending order to—

(i) the offender,

(ii) the relevant officer, and

(iii) a provider of probation services operating in the new local justice area, and

(b) provide the magistrates' court acting in that area with—

(i) a copy of the amending order, and

(ii) such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).

(4) The relevant suspended sentence order ceases to be an SSSO or NISSO.

Commencement Information

I752 Sch. 17 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 U.K. Supplementary

Electronic monitoring and SSSO U.K.

39 U.K. Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the community requirements of a suspended sentence order made or amended in accordance with paragraph 1 or 2 of this Schedule.

Commencement Information

I753 Sch. 17 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Service of citation or warrant U.K.

40 (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 19(2)(a) or 27(2)(a) or (3) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995. U.K.

(2) A summons issued by a court in Northern Ireland under paragraph 19(2)(b) or 27(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.

Commencement Information

I754 Sch. 17 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 U.K. Interpretation

41 (1) In this Schedule— U.K.

• “the appropriate court” has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);

• “breach” in relation to a community requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “the home authority”—

  (a)

  in relation to an SSSO, means the local authority for the local authority area specified in the order;

  (b)

  in relation to an NISSO, means the Probation Board for Northern Ireland;

• “home court” means—

  (a)

  in the case of an SSSO, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

  (b)

  in the case of an NISSO, a court of summary jurisdiction in Northern Ireland;

• “local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act;

• “the local council in Scotland”, in relation to an SSSO, means the local authority in whose area the offender resides, or will be residing at the relevant time;

• “NISSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 2 of this Schedule (Northern Ireland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales);

• “original court”, in relation to an SSSO or an NISSO, means the court in England and Wales which made or last amended the order;

• “the relevant officer” means—

  (a)

  in relation to an SSSO, the local authority officer appointed or assigned under paragraph 12;

  (b)

  in relation to an NISSO, the probation officer appointed or assigned under paragraph 12;

• “relevant suspended sentence order” means a suspended sentence order that imposes one or more community requirements;

• “the relevant time”—

  (a)

  in relation to making, or amending a suspended sentence order so as to become, an SSSO or an NISSO, means the time when the order or the amendment comes into force;

  (b)

  in relation to the amendment of an SSSO or NISSO, means the time when the amendment comes into force;

• “SSSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 1 of this Schedule (Scotland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales).

(2) For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—

(a) the order is subject to review in accordance with section 293(1), or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

Commencement Information

I755 Sch. 17 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 306

[F415 SCHEDULE 17A U.K. Serious terrorism offences

Textual Amendments

F415 Sch. 17A inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(b), Sch. 2

PART 1 U.K. Terrorism offences

Terrorism Act 2000 U.K.

1 U.K. An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing a terrorist organisation);

(c) section 59 (inciting terrorism overseas), other than an offence which is an offence by virtue of subsection (2)(c) of that section.

Terrorism Act 2006 U.K.

2 U.K. An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(c) section 9 (making or possession of radioactive device or material);

(d) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(e) section 11 (terrorist threats relating to radioactive devices etc).

Inchoate offences U.K.

3 U.K. An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

PART 2 U.K. Other offences (in case where determination of terrorist connection under section 69 is made)

Common law offences U.K.

4 U.K. Manslaughter.

5 U.K. Kidnapping.

6 U.K. False imprisonment.

Offences against the Person Act 1861 U.K.

7 U.K. An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence);

(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous bodily harm);

(g) section 32 (endangering the safety of railway passengers).

Explosive Substances Act 1883 U.K.

8 U.K. An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances);

(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Infant Life (Preservation) Act 1929 U.K.

9 U.K. An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Infanticide Act 1938 U.K.

10 U.K. An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968 U.K.

11 U.K. An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

Theft Act 1968 U.K.

12 U.K. An offence under either of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

Criminal Damage Act 1971 U.K.

13 (1) An offence of arson under section 1 of the Criminal Damage Act 1971. U.K.

(2) An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Biological Weapons Act 1974 U.K.

14 U.K. An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

Taking of Hostages Act 1982 U.K.

15 U.K. An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982 U.K.

16 U.K. An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983 U.K.

17 U.K. An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).

Criminal Justice Act 1988 U.K.

18 U.K. An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990 U.K.

19 U.K. An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

Channel Tunnel (Security) Order 1994 U.K.

20 U.K. An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Chemical Weapons Act 1996 U.K.

21 U.K. An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).

International Criminal Court Act 2001 U.K.

22 U.K. An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Anti-terrorism, Crime and Security Act 2001 U.K.

23 U.K. An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

Modern Slavery Act 2015 U.K.

24 U.K. An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

Inchoate offences U.K.

25 U.K. An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

26 U.K. An inchoate offence in relation to murder.]

Section 306

SCHEDULE 18 E+W Specified offences for purposes of section 306

PART 1 E+W Specified violent offences

Common law offences E+W

1 E+W Manslaughter.

Commencement Information

I756 Sch. 18 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W Kidnapping.

Commencement Information

I757 Sch. 18 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W False imprisonment.

Commencement Information

I758 Sch. 18 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861 E+W

4 E+W An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 16 (threats to kill);

(c) section 18 (wounding with intent to cause grievous bodily harm);

(d) section 20 (malicious wounding);

(e) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(f) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(h) section 27 (abandoning children);

(i) section 28 (causing bodily injury by explosives);

(j) section 29 (using explosives etc with intent to do grievous bodily harm);

(k) section 30 (placing explosives with intent to do bodily injury);

(l) section 31 (setting spring guns etc with intent to do grievous bodily harm);

(m) section 32 (endangering the safety of railway passengers);

(n) section 35 (injuring persons by furious driving);

(o) section 37 (assaulting officer preserving wreck);

(p) section 38 (assault with intent to resist arrest);

(q) section 47 (assault occasioning actual bodily harm).

Commencement Information

I759 Sch. 18 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883 E+W

5 E+W An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances).

[F416 (d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Textual Amendments

F416 Sch. 18 para. 5(d) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(2), 50(2)(h)(3)(c)

Commencement Information

I760 Sch. 18 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infant Life (Preservation) Act 1929 E+W

6 E+W An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Commencement Information

I761 Sch. 18 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children and Young Persons Act 1933 E+W

7 E+W An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Commencement Information

I762 Sch. 18 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infanticide Act 1938 E+W

8 E+W An offence under section 1 of the Infanticide Act 1938 (infanticide).

Commencement Information

I763 Sch. 18 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 E+W

9 E+W An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 16A (possession of firearm with intent to cause fear of violence);

(c) section 17(1) (use of firearm to resist arrest);

(d) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(e) section 18 (carrying a firearm with criminal intent).

Commencement Information

I764 Sch. 18 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

10 E+W An offence under any of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 9, where the offence is burglary with intent to—

(i) inflict grievous bodily harm on a person, or

(ii) do unlawful damage to a building or anything in it;

(c) section 10 (aggravated burglary);

(d) section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.

Commencement Information

I765 Sch. 18 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Damage Act 1971 E+W

11 (1) An offence of arson under section 1 of the Criminal Damage Act 1971. E+W

(2) An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Commencement Information

I766 Sch. 18 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F417 Biological Weapons Act 1974 E+W

Textual Amendments

F417 Sch. 18 para. 11A inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(3), 50(2)(h)(3)(c)

11A E+W An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Taking of Hostages Act 1982 E+W

12 E+W An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Commencement Information

I767 Sch. 18 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation Security Act 1982 E+W

13 E+W An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 4 (offences in relation to certain dangerous articles).

[F418 (e) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Textual Amendments

F418 Sch. 18 para. 13(e) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(4), 50(2)(h)(3)(c)

Commencement Information

I768 Sch. 18 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F419 Nuclear Material (Offences) Act 1983 E+W

Textual Amendments

F419 Sch. 18 para. 13A inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(5), 50(2)(h)(3)(c)

13A E+W An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).]

Mental Health Act 1983 E+W

14 E+W An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Commencement Information

I769 Sch. 18 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prohibition of Female Circumcision Act 1985 E+W

15 E+W An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

Commencement Information

I770 Sch. 18 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Public Order Act 1986 E+W

16 E+W An offence under any of the following provisions of the Public Order Act 1986—

(a) section 1 (riot);

(b) section 2 (violent disorder);

(c) section 3 (affray).

Commencement Information

I771 Sch. 18 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 E+W

17 E+W An offence under section 134 of the Criminal Justice Act 1988 (torture).

Commencement Information

I772 Sch. 18 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Road Traffic Act 1988 E+W

18 E+W An offence under any of the following provisions of the Road Traffic Act 1988—

(a) section 1 (causing death by dangerous driving);

(b) section 3ZC (causing death by driving: disqualified drivers);

(c) section 3A (causing death by careless driving when under influence of drink or drugs).

Commencement Information

I773 Sch. 18 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation and Maritime Security Act 1990 E+W

19 E+W An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats).

[F420 (g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Textual Amendments

F420 Sch. 18 para. 19(g) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(6), 50(2)(h)(3)(c)

Commencement Information

I774 Sch. 18 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Channel Tunnel (Security) Order 1994 E+W

20 E+W An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Commencement Information

I775 Sch. 18 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F421 Chemical Weapons Act 1996 E+W

Textual Amendments

F421 Sch. 18 para. 20A inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(7), 50(2)(h)(3)(c)

20A E+W An offence under either of the following provisions of the Chemical Weapons Act 1996 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).]

Protection from Harassment Act 1997 E+W

21 E+W An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

Commencement Information

I776 Sch. 18 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crime and Disorder Act 1998 E+W

22 (1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults). E+W

(2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

Commencement Information

I777 Sch. 18 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

International Criminal Court Act 2001 E+W

23 E+W An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Commencement Information

I778 Sch. 18 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F422 Anti-Terrorism, Crime and Security Act 2001 E+W

Textual Amendments

F422 Sch. 18 para. 23A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 147(2)(a), 208(5)(p)

23A E+W An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).]

Female Genital Mutilation Act 2003 E+W

24 E+W An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

(a) section 1 (female genital mutilation);

(b) section 2 (assisting a girl to mutilate her own genitalia);

(c) section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).

Commencement Information

I779 Sch. 18 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004 E+W

25 E+W An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Commencement Information

I780 Sch. 18 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F423 Serious Crime Act 2015 E+W

Textual Amendments

F423 Sch. 18 para. 25A and cross-heading inserted (7.6.2022) by Domestic Abuse Act 2021 (c. 17), s. 90(6), Sch. 2 para. 12(3); S.I. 2022/553, regs. 1(2), 3(b)

25A E+W An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).]

Modern Slavery Act 2015 E+W

26 (1) An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour). E+W

(2) An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.

Commencement Information

I781 Sch. 18 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

27 E+W An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Commencement Information

I782 Sch. 18 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

28 E+W An inchoate offence in relation to murder.

Commencement Information

I783 Sch. 18 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Specified sexual offences

Sexual Offences Act 1956 E+W

29 E+W An offence under any of the following provisions of the Sexual Offences Act 1956—

(a) section 1 (rape);

(b) section 2 (procurement of woman by threats);

(c) section 3 (procurement of woman by false pretences);

(d) section 4 (administering drugs to obtain or facilitate intercourse);

(e) section 5 (intercourse with girl under 13);

(f) section 6 (intercourse with girl under 16);

(g) section 7 (intercourse with a defective);

(h) section 9 (procurement of a defective);

(i) section 10 or 11 (incest);

(j) section 14 (indecent assault on a woman);

(k) section 15 (indecent assault on a man);

(l) section 16 (assault with intent to commit buggery);

(m) section 17 (abduction of woman by force or for the sake of her property);

(n) section 19 (abduction of unmarried girl under 18 from parent or guardian);

(o) section 20 (abduction of unmarried girl under 16 from parent or guardian);

(p) section 21 (abduction of defective from parent or guardian);

(q) section 22 (causing prostitution of women);

(r) section 23 (procuration of girl under 21);

(s) section 24 (detention of woman in brothel);

(t) section 25 (permitting girl under 13 to use premises for intercourse;

(u) section 26 (permitting girl under 16 to use premises for intercourse);

(v) section 27 (permitting defective to use premises for intercourse);

(w) section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(x) section 29 (causing or encouraging prostitution of defective);

(y) section 32 (soliciting by men);

(z) section 33A (keeping a brothel used for prostitution).

Commencement Information

I784 Sch. 18 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mental Health Act 1959 E+W

30 E+W An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).

Commencement Information

I785 Sch. 18 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Indecency with Children Act 1960 E+W

31 E+W An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

Commencement Information

I786 Sch. 18 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 1967 E+W

32 E+W An offence under either of the following provisions of the Sexual Offences Act 1967—

(a) section 4 (procuring others to commit homosexual acts);

(b) section 5 (living on earnings of male prostitution).

Commencement Information

I787 Sch. 18 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

33 E+W An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.

Commencement Information

I788 Sch. 18 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Law Act 1977 E+W

34 E+W An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).

Commencement Information

I789 Sch. 18 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection of Children Act 1978 E+W

35 E+W An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

Commencement Information

I790 Sch. 18 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Customs and Excise Management Act 1979 E+W

36 E+W An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

Commencement Information

I791 Sch. 18 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 E+W

37 E+W An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

Commencement Information

I792 Sch. 18 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 E+W

38 E+W An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 1 (rape);

(b) section 2 (assault by penetration);

(c) section 3 (sexual assault);

(d) section 4 (causing a person to engage in sexual activity without consent);

(e) section 5 (rape of a child under 13);

(f) section 6 (assault of a child under 13 by penetration);

(g) section 7 (sexual assault of a child under 13);

(h) section 8 (causing or inciting a child under 13 to engage in sexual activity);

(i) section 9 (sexual activity with a child);

(j) section 10 (causing or inciting a child to engage in sexual activity);

(k) section 11 (engaging in sexual activity in the presence of a child);

(l) section 12 (causing a child to watch a sexual act);

(m) section 13 (child sex offences committed by children or young persons);

(n) section 14 (arranging or facilitating commission of a child sex offence);

(o) section 15 (meeting a child following sexual grooming etc);

(p) section 15A (sexual communication with a child);

(q) section 16 (abuse of position of trust: sexual activity with a child);

(r) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(s) section 18 (abuse of position of trust: sexual activity in the presence of a child);

(t) section 19 (abuse of position of trust: causing a child to watch a sexual act);

(u) section 25 (sexual activity with a child family member);

(v) section 26 (inciting a child family member to engage in sexual activity);

(w) section 30 (sexual activity with a person with a mental disorder impeding choice);

(x) section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);

(y) section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(z) section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);

(aa) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);

(ab) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);

(ac) section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);

(ad) section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);

(ae) section 38 (care workers: sexual activity with a person with a mental disorder);

(af) section 39 (care workers: causing or inciting sexual activity);

(ag) section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

(ah) section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

(ai) section 47 (paying for sexual services of a child);

(aj) section 48 (causing or inciting sexual exploitation of a child);

(ak) section 49 (controlling a child in relation to sexual exploitation);

(al) section 50 (arranging or facilitating sexual exploitation of a child);

(am) section 52 (causing or inciting prostitution for gain);

(an) section 53 (controlling prostitution for gain);

(ao) section 57 (trafficking into the UK for sexual exploitation);

(ap) section 58 (trafficking within the UK for sexual exploitation);

(aq) section 59 (trafficking out of the UK for sexual exploitation);

(ar) section 59A (trafficking for sexual exploitation);

(as) section 61 (administering a substance with intent);

(at) section 62 (committing an offence with intent to commit a sexual offence);

(au) section 63 (trespass with intent to commit a sexual offence);

(av) section 64 (sex with an adult relative: penetration);

(aw) section 65 (sex with an adult relative: consenting to penetration);

(ax) section 66 (exposure);

[F424 (axa) section 66A (sending etc photograph or film of genitals);

(axb) section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);

(axc) section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);]

(ay) section 67 (voyeurism);

(az) section 69 (intercourse with an animal);

(ba) section 70 (sexual penetration of a corpse).

Textual Amendments

F424 Sch. 18 para. 38(axa)-(axc) inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 20; S.I. 2024/31, reg. 2

Commencement Information

I793 Sch. 18 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 E+W

39 E+W An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Commencement Information

I794 Sch. 18 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

40 E+W An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Commencement Information

I795 Sch. 18 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Specified terrorism offences

Terrorism Act 2000 E+W

41 E+W An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting support for a proscribed organisation);

(c) section 54 (weapons training);

(d) section 56 (directing terrorist organisation);

(e) section 57 (possession of article for terrorist purposes);

(f) section 58 (collection of information likely to be of use to a terrorist);

(g) section 58A (publishing information about members of the armed forces);

(h) section 58B (entering or remaining in a designated area);

(i) section 59 (inciting terrorism overseas).

Commencement Information

I796 Sch. 18 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism, Crime and Security Act 2001 E+W

[F425 42 E+W An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).]

Textual Amendments

F425 Sch. 18 para. 42 substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 147(2)(b), 208(5)(p)

Commencement Information

I797 Sch. 18 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2006 E+W

43 E+W An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices etc).

Commencement Information

I798 Sch. 18 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

44 E+W An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Commencement Information

I799 Sch. 18 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 307

SCHEDULE 19 E+W Schedule 19 offences

Common law offences E+W

1 E+W Manslaughter.

Commencement Information

I800 Sch. 19 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W Kidnapping.

Commencement Information

I801 Sch. 19 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W False imprisonment.

Commencement Information

I802 Sch. 19 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861 E+W

4 E+W An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous bodily harm);

(g) section 32 (endangering the safety of railway passengers).

Commencement Information

I803 Sch. 19 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883 E+W

5 E+W An offence under either of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

Commencement Information

I804 Sch. 19 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.

Commencement Information

I805 Sch. 19 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infant Life (Preservation) Act 1929 E+W

7 E+W An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Commencement Information

I806 Sch. 19 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infanticide Act 1938 E+W

8 E+W An offence under section 1 of the Infanticide Act 1938 (infanticide).

Commencement Information

I807 Sch. 19 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 E+W

9 E+W An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

Commencement Information

I808 Sch. 19 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

10 E+W An offence under either of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

Commencement Information

I809 Sch. 19 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Damage Act 1971 E+W

11 E+W An offence of arson under section 1 of the Criminal Damage Act 1971.

Commencement Information

I810 Sch. 19 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Commencement Information

I811 Sch. 19 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Taking of Hostages Act 1982 E+W

13 E+W An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Commencement Information

I812 Sch. 19 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation Security Act 1982 E+W

14 E+W An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft).

Commencement Information

I813 Sch. 19 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 E+W

15 E+W An offence under section 134 of the Criminal Justice Act 1988 (torture).

Commencement Information

I814 Sch. 19 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation and Maritime Security Act 1990 E+W

16 E+W An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats).

Commencement Information

I815 Sch. 19 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Channel Tunnel (Security) Order 1994 E+W

17 E+W An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S. I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Commencement Information

I816 Sch. 19 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2000 E+W

18 E+W An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Provision of the Terrorism Act 2000	Condition
(a) Section 54 (weapons training)	The offence was committed on or after 13 April 2015
(b) Section 56 (directing terrorist organisation)	The offence was committed on or after 12 January 2010.
(c) Section 59 (inciting terrorism overseas)	The offence was committed on or after 12 January 2010 and the offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I817 Sch. 19 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism, Crime and Security Act 2001 E+W

19 E+W An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

Commencement Information

I818 Sch. 19 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 E+W

20 E+W An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003	Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent)	The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 8 (causing or inciting a child under 13 to engage in sexual activity)	The offender is liable on conviction on indictment to imprisonment for life
(g) Section 30 (sexual activity with a person with a mental disorder impeding choice)	The offender is liable on conviction on indictment to imprisonment for life
(h) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity)	The offender is liable on conviction on indictment to imprisonment for life
(i) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)	The offender is liable on conviction on indictment to imprisonment for life
(j) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc)	The offender is liable on conviction on indictment to imprisonment for life
(k) Section 47 (paying for sexual services of a child) against a person aged under 16	The offender is liable on conviction on indictment to imprisonment for life
(l) Section 62 (committing an offence with intent to commit a sexual offence)	The offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I819 Sch. 19 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F426 Domestic Violence, Crime and Victims Act 2004 E+W

Textual Amendments

F426 Sch. 19 para. 20A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 123(5), 208(5)(j)

20A (1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2). E+W

(2) The conditions are that—

(a) the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b) the offender is liable on conviction on indictment to imprisonment for life.]

Terrorism Act 2006 E+W

21 E+W An offence under any of the provisions of the Terrorism Act 2006 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Provision of the Terrorism Act 2006	Condition
(a) Section 5 (preparation of terrorist acts)	The offence was committed on or after 12 January 2010
(b Section 6 (training for terrorism)	The offence was committed on or after 13 April 2015
(c) Section 9 (making or possession of radioactive device or material)	The offence was committed on or after 12 January 2010
(d) Section 10 (misuse of radioactive device or material for terrorist purposes etc)	The offence was committed on or after 12 January 2010
(e) Section 11 (terrorist threats relating to radioactive devices etc)	The offence was committed on or after 12 January 2010.

Commencement Information

I820 Sch. 19 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 E+W

22 E+W An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 of that Act (human trafficking).

Commencement Information

I821 Sch. 19 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

23 E+W An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.

Commencement Information

I822 Sch. 19 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) An attempt to commit murder. E+W

(2) Conspiracy to commit murder.

(3) An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder.

Commencement Information

I823 Sch. 19 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sections 249 and 311

SCHEDULE 20 E+W Detention under section 250 and minimum sentences: firearms offences

PART 1 E+W Offences

1 E+W An offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring weapon or ammunition) committed on or after 22 January 2004.

Modifications etc. (not altering text)

C187 Sch. 20 para. 1: power to amend conferred by 1988 c. 45, s. 1(4A)(bb) (as amended) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 94(2) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I824 Sch. 20 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F427 1A E+W An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after [F428 6th April 2022].]

Textual Amendments

F427 Sch. 20 para. 1A inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 81(2) (with Sch. 22 para. 81(6)(7), Sch. 27); S.I. 2022/415, reg. 2

F428 Words in Sch. 20 para. 1A substituted (6.4.2022) by The Sentencing Act 2020 (Commencement No. 1) (England and Wales) Regulations 2022 (S.I. 2022/415), regs. 1(3), 3(1)(a)

2 E+W An offence under section 5(1A)(a) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring firearm disguised as another object) committed on or after 22 January 2004.

Commencement Information

I825 Sch. 20 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W An offence under section 5(2A) of the Firearms Act 1968 (manufacture, sale or transfer of firearm or ammunition, or possession etc for sale or transfer)[F429 —

(a) committed in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after [F430 6th April 2022] in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.]

Textual Amendments

F429 Sch. 20 para. 3(a)(b) substituted for words (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 81(3) (with Sch. 22 para. 81(6)(7), Sch. 27); S.I. 2022/415, reg. 2

F430 Words in Sch. 20 para. 3(b) substituted (6.4.2022) by The Sentencing Act 2020 (Commencement No. 1) (England and Wales) Regulations 2022 (S.I. 2022/415), regs. 1(3), 3(1)(b)

Commencement Information

I826 Sch. 20 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 (1) An offence under any of the provisions of the Firearms Act 1968 listed in sub-paragraph (2)[F431 — E+W

(a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after [F432 6th April 2022] in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.]

(2) Those provisions are—

• section 16 (possession of firearm or ammunition with intent to injure);

• section 16A (possession of firearm with intent to cause fear or violence);

• section 17 (use of firearm to resist arrest);

• section 18 (carrying firearm with criminal intent);

• section 19 (carrying a firearm in a public place);

• section 20(1) (trespassing in a building with firearm).

Textual Amendments

F431 Sch. 20 para. 4(1)(a)(b) substituted for words (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 81(4) (with Sch. 22 para. 81(6)(7), Sch. 27); S.I. 2022/415, reg. 2

F432 Words in Sch. 20 para. 4(1)(b) substituted (6.4.2022) by The Sentencing Act 2020 (Commencement No. 1) (England and Wales) Regulations 2022 (S.I. 2022/415), regs. 1(3), 3(1)(c)

Commencement Information

I827 Sch. 20 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), where[F433 —

(a) the dangerous weapon in respect of which the offence was committed was a relevant firearm, or

(b) the offence was committed on or after [F434 6th April 2022] in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.]

Textual Amendments

F433 Sch. 20 para. 5(a)(b) substituted for words (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 81(5) (with Sch. 22 para. 81(8), Sch. 27); S.I. 2022/415, reg. 2

F434 Words in Sch. 20 para. 5(b) substituted (6.4.2022) by The Sentencing Act 2020 (Commencement No. 1) (England and Wales) Regulations 2022 (S.I. 2022/415), regs. 1(3), 3(1)(d)

Commencement Information

I828 Sch. 20 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Interpretation of Schedule

6 E+W In this Schedule—

• “relevant firearm” means a firearm specified in any of the following provisions of section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

  (a)

  subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (af);

  (b)

  subsection (1A)(a);

• “relevant ammunition” means ammunition specified in subsection (1)(c) of that section.

For this purpose, “firearm” and “ammunition” have the same meanings as in the Firearms Act 1968.

Commencement Information

I829 Sch. 20 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 322

SCHEDULE 21 E+W Determination of minimum term in relation to mandatory life sentence for murder etc

Modifications etc. (not altering text)

C188 Sch. 21 modified (28.6.2022) by 2006 c. 52, s. 261A(5) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 148, 208(5)(p))

Interpretation E+W

1 E+W In this Schedule—

• “child” means a person aged under 18;

• “mandatory life sentence” means a mandatory life sentence passed in circumstances where the sentence is fixed by law.

Commencement Information

I830 Sch. 21 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Starting points E+W

2 (1) If— E+W

(a) the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high, and

(b) the offender was aged 21 or over when the offence was committed,

the appropriate starting point is a whole life order.

(2) Cases that would normally fall within sub-paragraph (1)(a) include—

(a) the murder of two or more persons, where each murder involves any of the following—

(i) a substantial degree of premeditation or planning,

(ii) the abduction of the victim, or

(iii) sexual or sadistic conduct,

(b) the murder of a child if involving the abduction of the child or sexual or sadistic motivation,

[F435 (ba) the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,]

(c) the murder of a police officer or prison officer in the course of his or her duty, where the offence was committed on or after 13 April 2015,

(d) a murder done for the purpose of advancing a political, religious, racial or ideological cause, or

(e) a murder by an offender previously convicted of murder.

Textual Amendments

F435 Sch. 21 para. 2(2)(ba) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 125, 208(5)(l)

Commencement Information

I831 Sch. 21 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) If— E+W

(a) the case does not fall within paragraph 2(1) but the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is particularly high, and

(b) the offender was aged 18 or over when the offence was committed,

the appropriate starting point, in determining the minimum term, is 30 years.

(2) Cases that (if not falling within paragraph 2(1)) would normally fall within sub-paragraph (1)(a) include—

(a) in the case of a offence committed before 13 April 2015, the murder of a police officer or prison officer in the course of his or her duty,

(b) a murder involving the use of a firearm or explosive,

(c) a murder done for gain (such as a murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death),

(d) a murder intended to obstruct or interfere with the course of justice,

(e) a murder involving sexual or sadistic conduct,

(f) the murder of two or more persons,

(g) a murder that is aggravated by racial or religious hostility or by hostility related to sexual orientation,

(h) a murder that is aggravated by hostility related to disability or transgender identity, where the offence was committed on or after 3 December 2012 (or over a period, or at some time during a period, ending on or after that date),

(i) a murder falling within paragraph 2(2) committed by an offender who was aged under 21 when the offence was committed.

(3) An offence is aggravated in any of the ways mentioned in sub-paragraph (2)(g) or (h) if section 66 requires the court to treat the fact that it is so aggravated as an aggravating factor.

Commencement Information

I832 Sch. 21 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 (1) If— E+W

(a) the case does not fall within paragraph 2(1) or 3(1),

(b) the offence falls within sub-paragraph (2), F436 ...

(c) the offender was aged 18 or over when the offence was committed, [F437 and]

(d) the offence was committed on or after 2 March 2010,

the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.

(2) The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to—

(a) commit any offence, or

(b) have it available to use as a weapon,

and used that knife or other weapon in committing the murder.

Textual Amendments

F436 Word in Sch. 21 para. 4(1)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 9(a)

F437 Word in Sch. 21 para. 4(1)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 9(b)

Commencement Information

I833 Sch. 21 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W If the offender was aged 18 or over when the offence was committed and the case does not fall within paragraph 2(1), 3(1) or 4(1), the appropriate starting point, in determining the minimum term, is 15 years.

Commencement Information

I834 Sch. 21 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F438 5A (1) This paragraph applies if— E+W

(a) the offender was aged under 18 when the offence was committed, and

(b) the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2) The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to—

(a) the age of the offender when the offence was committed, as set out in column 1, and

(b) the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.

1	2	3	4
Age of offender when offence committed	Starting point supplied by paragraph 3(1) had offender been 18	Starting point supplied by paragraph 4(1) had offender been 18	Starting point supplied by paragraph 5 had offender been 18
17	27 years	23 years	14 years
15 or 16	20 years	17 years	10 years
14 or under	15 years	13 years	8 years

Textual Amendments

F438 Sch. 21 paras. 5A and 6 substituted (28.6.2022) for Sch. 21 para. 6 by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 127, 208(5)(l)

6 (1) This paragraph applies if— E+W

(a) the offender was aged under 18 when the offence was committed, and

(b) the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2) The appropriate starting point, in determining the minimum term, is 12 years.]

Textual Amendments

F438 Sch. 21 paras. 5A and 6 substituted (28.6.2022) for Sch. 21 para. 6 by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 127, 208(5)(l)

Aggravating and mitigating factors E+W

7 E+W Having chosen a starting point, the court should take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point.

Commencement Information

I835 Sch. 21 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 E+W Detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point), or in the making of a whole life order.

Commencement Information

I836 Sch. 21 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 E+W Aggravating factors (additional to those mentioned in paragraphs 2(2), 3(2) and 4(2)) that may be relevant to the offence of murder include—

(a) a significant degree of planning or premeditation,

(b) the fact that the victim was particularly vulnerable because of age or disability,

[F439 (ba) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the offender had repeatedly or continuously engaged in behaviour towards the victim that was controlling or coercive and, at the time of the behaviour, the offender and the victim were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,]

(c) mental or physical suffering inflicted on the victim before death,

(d) the abuse of a position of trust,

(e) the use of duress or threats against another person to facilitate the commission of the offence,

(f) the fact that victim was providing a public service or performing a public duty, F440 ...

[F441 (fa) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the use of sustained and excessive violence towards the victim, and]

(g) concealment, destruction or dismemberment of the body.

Textual Amendments

F439 Sch. 21 para. 9(ba) inserted (29.2.2024) by The Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 (S.I. 2024/137), regs. 1(2), 3(a)

F440 Word in Sch. 21 para. 9(f) omitted (29.2.2024) by virtue of The Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 (S.I. 2024/137), regs. 1(2), 3(b)

F441 Sch. 21 para. 9(fa) inserted (29.2.2024) by The Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 (S.I. 2024/137), regs. 1(2), 3(c)

Commencement Information

I837 Sch. 21 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W Mitigating factors that may be relevant to the offence of murder include—

(a) an intention to cause serious bodily harm rather than to kill,

(b) lack of premeditation,

(c) the fact that the offender suffered from any mental disorder or mental disability which (although not falling within section 2(1) of the Homicide Act 1957) lowered the offender's degree of culpability,

[F442 (ca) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the victim had repeatedly or continuously engaged in behaviour towards the offender that was controlling or coercive and, at the time of the behaviour, the victim and the offender were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,]

(d) the fact that the offender was provoked (for example, by prolonged stress) but, in the case of a murder committed before 4 October 2010, in a way not amounting to a defence of provocation,

(e) the fact that the offender acted to any extent in self-defence or, in the case of a murder committed on or after 4 October 2010, in fear of violence,

(f) a belief by the offender that the murder was an act of mercy, and

(g) the age of the offender.

Textual Amendments

F442 Sch. 21 para. 10(ca) inserted (29.2.2024) by The Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 (S.I. 2024/137), regs. 1(2), 4

Commencement Information

I838 Sch. 21 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 E+W Nothing in this Schedule restricts the application of—

(a) section 65 (previous convictions),

(b) section 64 (bail), or

(c) section 73 (guilty plea),

or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006.

Commencement Information

I839 Sch. 21 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences committed before 18 December 2003 E+W

12 (1) This paragraph applies where the offence was committed before 18 December 2003. E+W

(2) If the court makes a minimum term order, the minimum term must, in the opinion of the court, be no be greater than the period which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify to the offender as the minimum period which in the view of the Secretary of State should be served before the prisoner's release on licence.

(3) The court may not make a whole life order unless it is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify the prisoner that the Secretary of State did not intend that the prisoner should ever be released on licence.

Commencement Information

I840 Sch. 21 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 408

SCHEDULE 22 E+W Amendments of the Sentencing Code and related amendments of other legislation

Prospective

PART 1 E+W General provisions

Pre-sentence drug testing E+W

1 E+W After section 34 insert—

“Pre-sentence drug testing E+W

34A Pre-sentence drug testing

(1) This section applies where—

(a) a person is convicted of an offence, and

(b) the court is considering passing—

(i) a community sentence, or

(ii) a suspended sentence.

(2) The court may make an order requiring the offender to provide samples for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body.

(3) An order under this section—

(a) must specify the descriptions of samples to be provided,

(b) if the offender is aged under 17, must provide for the samples to be provided in the presence of an appropriate adult, and

(c) may include further provision about how the samples are to be provided.

(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 the offender 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) In this section—

• “appropriate adult” in relation to a person aged under 17, means—

  (a)

  the person's parent or guardian or, if the person 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, 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 a person employed for, or engaged on, police purposes;

• “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 (see section 70 of that Act).”

2 E+W In section 230 (threshold for imposing discretionary custodial sentence), after subsection (3) insert—

“Exception to subsection (2) relating to pre-sentence drug testing

(3A) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to comply with an order under section 34A (pre-sentence drug testing).”

Purposes of sentencing E+W

3 (1) For section 58 substitute— E+W

“58 Purposes etc of sentencing: offenders under 18

(1) This section applies where a court is dealing with an offender aged under 18 for 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 in relation to which a mandatory sentence requirement applies;

(b) in relation to making any of the following orders under Part 3 of the Mental Health Act 1983—

(i) a hospital order (with or without a restriction order);

(ii) an interim hospital order;

(iii) a hospital direction;

(iv) a limitation direction.”

(2) In section 57 (purposes of sentencing: adults), in subsection (1)(b), omit “when convicted”.

[F443 Seriousness] E+W

Textual Amendments

F443 Sch. 22 para. 4 and cross-heading repealed in part (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v)(3)(h), Sch. 13 para. 6(4)

4 E+W [F443 In Schedule 1 (offences where terrorist connection to be considered)—

(a) after paragraph 13 insert—

“13A An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports);

(e) paragraph 5 (offences in relation to certain dangerous articles).”;

(b) in paragraph 14, for “13” substitute “ 13A ”.]

Prospective

PART 2 E+W Referral orders

Referral orders consecutive to earlier referral orders E+W

5 E+W In section 87 (referral order consecutive to earlier referral order), omit subsection (2).

Prospective

PART 3 E+W Fines etc: abolition of detention in default of payment

6 E+W In section 119 (power of magistrates' court to fine where only imprisonment etc specified), in subsection (4)—

(a) for paragraph (b) substitute—

“(b) the term of imprisonment to which the offender would be subject in default of payment of the fine must not be longer than the term of imprisonment to which the offender is liable on conviction of the offence.”;

(b) omit the words following paragraph (b).

7 E+W In section 127 (remission of fines following determination under section 126), in subsection (3), omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.

8 E+W In section 129 (fine imposed on offender by Crown Court: duty to make term in default order)—

(a) in subsection (3), for paragraphs (a) and (b) substitute “ of imprisonment ”;

(b) in subsection (4), omit “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”;

(c) in subsection (5), in the opening words omit “or detained”;

(d) in subsection (6), in the words following paragraph (c), omit “or detention”.

9 E+W In section 132 (enforcement of fines imposed on offenders by Crown Court), in subsection (3) omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.

10 E+W In section 382 (power to determine financial circumstances of offender's parent or guardian), in subsection (4), for paragraphs (a) and (b) substitute “ imprisonment ”.

Prospective

PART 4 E+W Community sentences

Youth rehabilitation orders with intensive supervision and surveillance E+W

11 (1) In section 179 (exercise of power to impose youth rehabilitation order: general considerations), after subsection (4) insert— E+W

“(4A) Nothing in subsection (2) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).”

(2) In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), after subsection (4) insert—

“(5) Nothing in subsection (2) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).”

(3) In section 186 (youth rehabilitation order: exercise of power to impose particular requirements), after subsection (8) insert—

“(8A) Nothing in subsection (6) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).”

Youth rehabilitation order for offender previously fined E+W

12 (1) In section 179 (exercise of power to impose youth rehabilitation order: general considerations), in subsection (2), at the end insert— E+W

“This is subject to section 179A (persistent offender previously fined).”

(2) After section 179 insert—

“179A Exercise of power to make youth rehabilitation order: persistent offender previously fined

(1) This section applies where—

(a) the offender is aged 16 or 17 when convicted of the offence,

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

(c) despite the effect of section 65 (effect of previous convictions in determining seriousness), the court would not (apart from this section) regard—

(i) the current offence, or

(ii) the combination of the current offence and one or more associated offences,

as being serious enough to warrant a youth rehabilitation order.

Paragraph (b) must be read with section 397A (offenders fined at least three times: interpretation).

(2) 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 a youth rehabilitation order.

(3) Those matters are—

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

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

(4) Nothing in this section limits the extent to which a court may, in accordance with section 65, treat any previous convictions of the offender as increasing the seriousness of an offence.”

Availability etc of community order E+W

13 E+W In section 202 (availability of community order)—

(a) in subsection (1), for paragraph (b) substitute—

“(b) the seriousness condition is met.”

(b) after that subsection insert—

“(1A) The seriousness condition is that—

(a) the offence is punishable with imprisonment by that court, or

(b) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16.

(1B) Subsection (1A)(b) must be read with section 397A.”

14 (1) In section 204 (exercise of power to impose community order: general considerations), in subsection (2), at the end insert— E+W

“This is subject to section 204A (persistent offender previously fined).”

(2) After that section insert—

“204A Exercise of power to impose community order: persistent offender previously fined

(1) Subsection (2) applies (in addition to section 204(2)) where—

(a) a community order is available to a court dealing with an offender by virtue of section 202(1A)(b) (offender fined at least three times), and

(b) the offence is not punishable with imprisonment by that court.

(2) The court may not make a community order unless it also considers that, having regard to all the circumstances including the matters mentioned in subsection (5), it would be in the interests of justice to make a community order.

(3) Subsection (4) applies where—

(a) a community order is available to a court dealing with an offender,

(b) the offence is punishable with imprisonment,

(c) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16, and

(d) despite the effect of section 65 (effect of previous convictions in determining seriousness), the court would not (apart from this section) regard—

(i) the current offence, or

(ii) the combination of the current offence and one or more associated offences,

as being serious enough to warrant a community sentence.

(4) 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 (5) it would be in the interests of justice to make a community order.

(5) The matters referred to in subsections (2) and (4) are—

(a) the nature of the offences to which the previous convictions mentioned in—

(i) section 202(1A)(b), or

(ii) as the case may be, subsection (3)(c),

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.

(6) Nothing in this section limits the extent to which a court may, in accordance with section 65, treat any previous convictions of the offender as increasing the seriousness of an offence.”

Youth rehabilitation orders and community sentences: references to previous convictions E+W

15 E+W After section 397 insert—

“397A Offenders fined at least three times: interpretation

(1) This section applies for the purposes of the following provisions (the “relevant provisions”)—

(a) section 179A(1)(b) (exercise of power to make youth rehabilitation order: persistent offender previously fined),

(b) section 202(1A)(b) (availability of community order: seriousness condition), and

(c) section 204A(3)(c) (exercise of power to impose community order: persistent offender previously fined).

(2) For those purposes, the following do not form part of an offender's sentence—

(a) a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge));

(b) a compensation order (or an order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders));

(c) a service compensation order awarded in service disciplinary proceedings;

(d) a surcharge under section 42 (or an order under section 161A of the Criminal Justice Act 2003 (surcharge));

(e) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(f) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

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

[F444 (3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.]

(4) In each of the relevant provisions, the reference to conviction by a court in the United Kingdom includes a reference to—

(a) a conviction in proceedings (whether or not before a court) in respect of—

(i) a service offence within the meaning of the Armed Forces Act 2006, or

(ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), or

(b) a finding of guilt in—

(i) proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or

(ii) proceedings before a Standing Civilian Court established under section 6 of the Armed Forces Act 1976.

(5) For the purposes of the relevant provisions and this section, any reference to conviction or sentence, in the context of proceedings mentioned in subsection (4), includes anything that under section 376(1) to (3) of the Armed Forces Act 2006 is to be treated as a conviction or sentence.”

Textual Amendments

F444 Words in Sch. 22 para. 15 inserted by Sentencing Act 2020 (c. 17), Sch. 22 para. 19(1A) (as inserted by 2020 c. 17, Sch. 22 para. 97A (as amended by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(16)))

Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States E+W

F445 16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F445 Sch. 22 paras. 16-18 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 97 (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(15))

F445 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F445 Sch. 22 paras. 16-18 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 97 (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(15))

F445 18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F445 Sch. 22 paras. 16-18 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 97 (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(15))

19 (1) Section 397A (offenders fined at least three times: interpretation), inserted by paragraph 15, is amended as follows. E+W

[F446 (1A) After subsection (3) insert—

“(3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.”]

(2) In subsection (4)(a)—

(a) in sub-paragraph (i), omit “within the meaning of the Armed Forces Act 2006”;

(b) after that sub-paragraph (but before the “or” at the end of it) insert—

“(ia) a member State service offence,”.

(3) In subsection (5), after “subsection (4)” insert “ (other than proceedings for a member State service offence) ”.

(4) After subsection (5) insert—

“(6) For the purposes of the relevant provisions, 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 there at the time of the conviction of the offender for the current offence.

(7) In subsections (4) and (5)—

• “member State service offence” means an offence which—

  (a)

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

  (b)

  would constitute an offence under the law of any part of the United Kingdom, or a service offence, 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 offender for the current offence;

• “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

• “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;

• “service offence” has the same meaning as in the Armed Forces Act 2006.”

Textual Amendments

F446 Sch. 22 para. 19(1A) inserted by Sch. 22 para. 97A of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(16))

Consequential amendment of section 77 (basis of opinion provisions) E+W

20 (1) In section 77, subsection (5) is amended as follows. E+W

(2) In paragraph (c), after “179,” insert “ 179A, ”.

(3) In paragraph (d), for “204” substitute “ 202(1A)(b), 204, 204A ”.

Community orders: powers to imprison offender for wilful or persistent breach E+W

21 (1) Schedule 10 (breach etc of community order) is amended as follows. E+W

(2) In paragraph 10 (powers of magistrates' court on breach)—

(a) in sub-paragraph (5), after paragraph (c) insert—

“(d) where—

(i) the community order was made by a magistrates' court,

[F447 (ia) the order does not qualify for special procedures for the purposes of paragraph (ba);]

(ii) the offence in respect of which the order was made was not an offence punishable by imprisonment,

(iii) the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.”

(b) in sub-paragraph (9), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(c) after that sub-paragraph insert—

“(9A) In sub-paragraph (5)(d), “relevant custodial sentence” means—

(a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b) in any other case, a sentence of imprisonment.”;

(d) in sub-paragraph (10), after “(5)(c)” insert “ or (d) ”;

(e) in sub-paragraph (11), after “(5)(c)” insert “ or (d) ”.

(3) In paragraph 11 (powers of Crown Court on breach)—

(a) in sub-paragraph (2), after paragraph (c) insert—

“(d) where—

[F448 (ai) the community order does not qualify for special procedures for the purposes of paragraph (ba),]

(i) the offence in respect of which the order was made was not an offence punishable by imprisonment, and

(ii) the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.”;

(b) in sub-paragraph (6), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(c) after that sub-paragraph insert—

“(6A) In sub-paragraph (2)(d), “relevant custodial sentence” means—

(a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b) in any other case, a sentence of imprisonment.”;

(d) in sub-paragraph (7), after “(2)(c)” insert “ or (d) ”.

Textual Amendments

F447 Words in Sch. 22 para. 21(2)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 14(2)(a)

F448 Words in Sch. 22 para. 21(3)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 14(2)(b)

Exceptions to threshold for custodial sentence where offender fails to express willingness to comply with amended requirement E+W

22 (1) In Schedule 9 (community orders and suspended sentence orders: requirements), in paragraph 22(5)(b) (power to impose custodial sentence where offender on review of drug rehabilitation requirement where offender fails to express willingness to comply with amended requirement), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”. E+W

(2) In Schedule 10 (breach, revocation or amendment of community order), in paragraph 18(9)(b) (power of court to re-sentence offender where offender fails to express willingness to comply with treatment requirement as proposed to be amended), after “custodial sentence” insert “ (where the offence is punishable with such a sentence) ”.

Change of residence: duty of responsible officer to apply to court for amendment of order E+W

23 E+W In Schedule 10 (breach, revocation and amendment of community order), in paragraph 16, at the end insert—

“(3) If the permission is given by the responsible officer—

(a) the officer must apply to the appropriate court to amend the order to specify the new local justice area, and

(b) the court must make that amendment.”

PART 5 E+W Custodial sentences

Increase in magistrates' court's power to impose imprisonment E+W

F449 24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F449 Sch. 22 para. 24 omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 21(a) (with s. 51(8)); S.I. 2022/816, regs. 1(2), 3(d)

Prospective

[F450 24A E+W In section 224(1A)(a) (general limit on custodial sentence for summary offence in magistrates’ court), for “6 months” substitute “12 months”.]

Textual Amendments

F450 Sch. 22 para. 24A inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 21(b) (with s. 51(8)); S.I. 2022/816, regs. 1(2), 3(d)

Prospective

25 E+W In—

(a) paragraph 10(5)(d) of Schedule 10 (magistrates' court's powers on breach etc of community order), as inserted by paragraph 21(2) of this Schedule, or

(b) the paragraph (d) to be inserted into paragraph 10(5) of Schedule 10 by paragraph 21(2) of this Schedule (if that paragraph 21(2) is not in force when this paragraph comes into force),

in the words following sub-paragraph (iii), for “6 months” substitute “ 51 weeks ”.

Prospective

26 E+W In—

(a) paragraph 11(2)(d) of Schedule 10 (Crown Court's powers on breach etc of community order), as inserted by paragraph 21(3) of this Schedule, or

(b) the paragraph (d) to be inserted into paragraph 11(2) of Schedule 10 by paragraph 21(3) of this Schedule (if that paragraph 21(3) is not in force when this paragraph comes into force),

in the words following sub-paragraph (ii), for “6 months” substitute “ 51 weeks ”.

Prospective

Detention and training orders: offenders aged under 12 E+W

27 (1) In section 234 (detention and training order: availability)— E+W

(a) in subsection (1), in paragraph (a), omit “, but at least 12,”;

(b) after that paragraph insert—

“(aa) in a case where the offender is aged under 12 at that time, the offence was committed on or after the date on which paragraph 27 of Schedule 22 comes into force,”.

(2) In section 235 (exercise of power to make of detention and training order), after subsection (3) insert—

“(3A) If the offender is aged under 12 when convicted the court may not make a detention and training order unless it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by the offender.”

(3) In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), in subsection (2)(a)(ii) (appropriateness of custodial sentence to be assessed in case of offender aged under 12 as if offender were 12), after “convicted” insert “ and the offence was committed before the date on which paragraph 27 of Schedule 22 comes into force ”.

Prospective

Repeal of temporary provision resulting from paragraph 27 E+W

28 (1) In section 234, omit subsection (1)(aa). E+W

(2) In section 180, omit subsection (2)(a)(ii) (and the word “or” immediately before it, but not the word “and” immediately after it).

Prospective

Detention and training orders: summary offences E+W

29 (1) Section 236 is amended as follows. E+W

(2) In subsection (2), at the end insert—

“This is subject to subsection (2A).”

(3) After that subsection insert—

“(2A) Where—

(a) the offence is a summary offence, and

(b) the maximum term of imprisonment that a court could impose for the offence (in the case of an offender aged 21 or over) is 51 weeks,

the term of a detention and training order in respect of the offence may not exceed 6 months.”

Prospective

Custodial sentences where offender already subject to sentence following conviction before commencement E+W

30 E+W In section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), omit subsection (5).

31 E+W In section 245 (offender subject concurrently to detention and training order and other sentence of detention), omit subsection (4).

32 E+W In section 248 (detention and training orders: interpretation)—

(a) in subsection (3)—

(i) at the end of paragraph (a), insert “ or ”;

(ii) omit paragraph (c) (and the word “or” immediately before it);

(b) in subsection (4) omit—

(i) paragraph (b);

(ii) in paragraph (c) the words “(whether passed before or after this Code comes into force)”;

(iii) paragraph (e) (and the word “or” immediately before it);

and insert “ or ” immediately after paragraph (c).

33 E+W In section 253 (sentence of detention passed on offender subject to detention and training order), in subsection (4)—

(a) at the end of paragraph (a), insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

34 E+W In section 257 (extended sentence under section 254 where offender subject to detention and training order), [F451 in] subsection (4)—

(a) in paragraph (a), at the end insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

Textual Amendments

F451 Word in Sch. 22 para. 34 substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 10(3)

35 E+W In section 270 (sentence of detention in a young offender institution where offender subject to detention and training order), in subsection (4)—

(a) in paragraph (a), at the end insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

Age limit for imposing imprisonment E+W

Prospective

[F452 36 E+W In section 15 (committal for sentence of dangerous adult offenders)—

(a) in subsection (1)(b), omit—

(i) “of detention in a young offender institution or”;

(ii) “266 or”;

(b) in subsection (1A), omit “268A or”.]

Textual Amendments

F452 Sch. 22 para. 36 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(a)

Prospective

37 E+W In section [F453 59(2)] (sentencing guidelines: general duty of court)[F454 —

(a) in paragraph (ga), for “sections 268B and” substitute “ section ”;

(b) in paragraph (h),] for “sections 273 and” substitute “ section ”.

Textual Amendments

F453 Word in Sch. 22 para. 37 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(b)(i)

F454 Words in Sch. 22 para. 37 inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(b)(ii)

Prospective

38 E+W In section 61 (sentencing guidelines: extended sentences and life sentences)—

(a) in subsection (2), omit “, 268(2)”;

[F455 (aa) in subsection (2B), omit “268C(2)(b) or”;]

(b) in subsection (3), omit “273 or”;

(c) in subsection (4), omit “273(4) or”;

(d) in subsection (8)—

(i) in paragraph (a), at the end insert “ or ”;

(ii) omit paragraph (c) (and the word “or” immediately before it).

Textual Amendments

F455 Sch. 22 para. 38(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(c)

Prospective

[F456 38A E+W In section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”.

Textual Amendments

F456 Sch. 22 paras. 38A, 38B inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(d)

Prospective

38B E+W In section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.]

Textual Amendments

F456 Sch. 22 paras. 38A, 38B inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(d)

Prospective

39 E+W In section 129(5)(c) (fine imposed on offender by Crown Court: duty to make term in default order), omit “, custody for life or detention in a young offender institution”.

Prospective

40 E+W In section 166(5) (extension of disqualification where custodial sentence also imposed), in the table, omit [F457 entries 3, 4 and 4A].

Textual Amendments

F457 Words in Sch. 22 para. 40 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(e)

Prospective

[F458 40A E+W In section 166(5A) (adaptation of disqualification period in certain terrorist cases), in paragraph (a), omit “, 4”;]

Textual Amendments

F458 Sch. 22 para. 40A inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(b), 208(4)(q)

Prospective

41 E+W In section 221 (overview of Part 10)—

(a) omit subsection (3);

(b) in subsection (4), omit “aged at least 21 at the time of conviction”.

Prospective

42 E+W In section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “ imprisonment ”;

(b) in subsection (2), omit “or detention in a young offender institution”;

(c) in the heading, omit “or detention in a young offender institution”.

Prospective

43 E+W In section 226 (custodial sentence: restriction in certain cases where offender not legally represented)

[F459 (a)] , in subsection (2), for paragraphs (c) and (d) substitute “or

(ba) if the offender was aged at least 18 but under 21 when convicted, pass a sentence of imprisonment,”

[F460 (b) in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,".]

Textual Amendments

F459 Words in Sch. 22 para. 43 renumbered as Sch. 22 para. 43(a) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 10(4)(a)

F460 Sch. 22 para. 43(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 10(4)(b)

Prospective

44 E+W In section 227 (restriction on imposing imprisonment on person under 21) in each of the following places, and in the heading to that section, for “under 21” substitute “ under 18 ” in each of the following—

(a) subsection (1);

(b) subsection (2);

(c) subsection (3).

Prospective

45 E+W In section 230(3) (threshold for imposing discretionary custodial sentence), for “sections 273(4) and” substitute “ section ”.

Prospective

46 E+W In section 231 (length of discretionary custodial sentences: general provision)—

(a) in subsection (3), for “sections 273(4) and” substitute “ section ”;

(b) in subsection (4), omit paragraph (b) (but not the word “or” immediately after it);

(c) in subsection (6), omit “, 268(2)”.

[F461 (d) in subsection (6A), for “sections 268C(2)(b) and” substitute “ section ”.]

Textual Amendments

F461 Sch. 22 para. 46(d) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(f)

Prospective

47 E+W In section 236 (term of order, consecutive terms and taking account of remands)—

(a) in subsection (2)(a) and (b), and

(b) in subsection (2A)(b) (to be inserted by paragraph 29 of this Schedule),

for “21” substitute “ 18 ” (in each place).

Prospective

48 E+W In section 244 (interaction with sentences of detention in a young offender institution), in subsection (2), for paragraph (b) substitute—

“(b) section 61 of the Criminal Justice and Court Services Act 2000 (place of detention);”.

Prospective

49 E+W In section 246 (effect of detention and training order made where offender has reached 18), in subsection (2), for “detention in a young offender institution” substitute “ imprisonment ”.

Prospective

50 E+W In section 249 (sentence of detention under section 250: availability), in paragraph (a) of the table in subsection (1), for “21” substitute “ 18 ”.

Prospective

51 E+W In section 252 (maximum sentence), in subsection (2), in paragraphs (a) and (b), for “21” substitute “ 18 ”.

Prospective

[F462 51A E+W In section 252A (special sentence of detention for terrorist offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”.]

Textual Amendments

F462 Sch. 22 para. 51A inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(27)(a)

Prospective

52 E+W In section 256 (term of extended sentence of detention under section 254), in subsection (5), for “21” substitute “ 18 ”.

Prospective

53 (1) Omit Chapter 3 of Part 10 (custodial sentences for adults aged under 21). E+W

(2) In the heading for Chapter 4 of that Part, omit “aged 21 and over”.

(3) The repeal by sub-paragraph (1) of section 270 does not affect the validity of any order made under subsection (2) of that section.

Prospective

54 E+W In section 277 (suspended sentence order for person aged 21 or over: availability), in the heading, for “person aged 21 or over” substitute “ adult ”.

Prospective

55 E+W In section 278 (required special custodial sentence for certain offenders of particular concern), omit subsection (1)(b)(ii) (and the word “and” immediately after it).

Prospective

56 E+W In section 279 (extended sentence of imprisonment for certain violent or sexual offences: persons 21 or over), in the heading omit “persons 21 or over”.

Prospective

57 E+W In section 280 (extended sentence of imprisonment: availability), in subsection (1)(b), for “21” substitute “ 18 ”.

Prospective

[F463 57A E+W In section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”.

Textual Amendments

F463 Sch. 22 paras. 57A, 57B inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(g)

Prospective

57B E+W In section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).]

Textual Amendments

F463 Sch. 22 paras. 57A, 57B inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(g)

Prospective

58 E+W In section 283 (life sentence for second listed offence), in subsection (1)(c), for “21” substitute “ 18 ”.

Prospective

59 E+W In section 285 (required life sentence for offence carrying life sentence), in subsection (1)(a), for “21” substitute “ 18 ”.

Prospective

[F464 59A E+W In section 285A (required life sentence for manslaughter of emergency worker), in subsection (1)(a), for “21” substitute “18”.]

Textual Amendments

F464 Sch. 22 para. 59A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(15)(a), 208(5)(b)

Prospective

60 E+W In section 286 (suspended sentence order), in subsection (1), omit “or detention in a young offender institution”.

Prospective

61 E+W In section 289 (suspended sentence to be treated generally as sentence of imprisonment etc)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “ a sentence of imprisonment ”;

(b) in the heading, omit “etc”.

Prospective

62 E+W In section 308(1) (the assessment of dangerousness)—

(a) in paragraph (a), omit “, 267”;

[F465 (aa) in paragraph (aa), omit “268B or”;]

(b) in paragraph (b), omit “, 274”.

Textual Amendments

F465 Sch. 22 para. 62(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(h)

Prospective

63 E+W In section 310 (certificates of conviction), in the words following paragraph (c), omit “267, 273,”.

Prospective

64 E+W In section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

Prospective

65 E+W In section 312 (mandatory minimum sentence for offences of threatening with weapon or bladed article), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

Prospective

66 E+W In section 313 (minimum sentence for third drug trafficking offence)—

(a) in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

[F466 (aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;]

(b) omit subsection (6).

Textual Amendments

F466 Sch. 22 para. 66(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(9)(a), 208(5)(k)

Prospective

67 E+W In section 314 (minimum sentence for third domestic burglary offence)—

(a) in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

[F467 (aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;]

(b) omit subsection (6).

Textual Amendments

F467 Sch. 22 para. 67(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(9)(b), 208(5)(k)

Prospective

68 E+W In section 315 (minimum sentence for repeat offence involving weapon or bladed article), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

Prospective

[F468 68A E+W In section 323 (minimum term order: other life sentences)—

[F469 (za) in subsection (1C)(b), omit “265, 266,”]

(a) in subsection (4), omit “268B(2) or” in both places;

(b) in subsection (6)(b), omit “268B(2) or”.]

Textual Amendments

F468 Sch. 22 para. 68A inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(i)

F469 Sch. 22 para. 68A(za) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(c)(i), 208(1); S.I. 2022/520, reg. 5(n)

Prospective

69 E+W In section 324 (interpretation of sections 321 and 322), in the definition of “life sentence”—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

Prospective

70 E+W In section 329 (conversion of sentence of detention to sentence of imprisonment)—

[F470 (za) in subsection (3), for “(4) to (5A)” substitute “ (4), (4A) and (5) ”;]

[F471 (zb) in subsection (4A), omit paragraph (b) (and the word “or” immediately before it);]

(a) in subsection (5), omit paragraph (b) (and the word “or” immediately before it);

[F472 (aa) omit subsection (5A);]

(b) in subsection (7), omit paragraphs (d), (e) [F473 , (ea)] and (f).

Textual Amendments

F470 Sch. 22 para. 70(za) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(j)(i)

F471 Sch. 22 para. 70(zb) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(27)(b)

F472 Sch. 22 para. 70(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(j)(ii)

F473 Word in Sch. 22 para. 70(b) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(j)(iii)

Prospective

71 (1) In section 384(3)(b) (commencement of sentence), for “, 257 and 270” substitute “ and 257 ”. E+W

(2) The amendment made by sub-paragraph (1) does not affect the validity of any order made under section 270(2).

Prospective

72 [F474 (a)] In section 397(1) (interpretation: general), in the definition of “extended sentence”, omit paragraph (b) (but not the word “or” immediately after that paragraph). E+W

[F475 (b) in the definition of “serious terrorism sentence”, omit paragraph (a) (including the word “or” immediately after that paragraph).]

Textual Amendments

F474 Words in Sch. 22 para. 72 renumbered as Sch. 22 para. 72(a) (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(k)(i)

F475 Sch. 22 para. 72(b) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(k)(ii)

Prospective

[F476 73 E+W In section 399 (mandatory sentences)—

(a) in paragraph (b)—

(i) in the opening words, omit “, custody for life”;

(ii) in sub-paragraph (i), omit “, 274 [F477 , 274A]”;

(iii) in sub-paragraph (ii), omit “273 or”;

(b) in paragraph (ba), omit “268B or”.]

Textual Amendments

F476 Sch. 22 para. 73 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(l)

F477 Word in Sch. 22 para. 73(a)(ii) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(15)(b), 208(5)(b)

Prospective

74 (1) In paragraph 10 of Schedule 10 (magistrates' court's powers on breach etc of community order), as amended by paragraph 21(2) of this Schedule— E+W

(a) in sub-paragraph (5)(d), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit sub-paragraph (9A).

(2) But, if paragraph 21(2) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a) in the paragraph (d) to be inserted by it into paragraph 10(5) of Schedule 10 (magistrates' court's powers on breach etc of community order), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit paragraph (c) (which inserts sub-paragraph (9A) into paragraph 10 of Schedule 10).

Prospective

75 (1) In paragraph 11 of Schedule 10 (Crown Court's powers on breach etc of community order), as amended by paragraph 21(3) of this Schedule— E+W

(a) in sub-paragraph (2)(d), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit sub-paragraph (6A).

(2) But if paragraph 21(3) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a) in the paragraph (d) to be inserted by it into paragraph 11(2) of Schedule 10 (Crown Court's powers on breach etc of community order), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit paragraph (c) (which inserts sub-paragraph (6A) into paragraph 11 of Schedule 10).

Prospective

[F478 75A E+W In paragraph 13A of Schedule 10 (detention following breach of community order)—

(a) omit sub-paragraph (1);

(b) in sub-paragraph (2), omit “or a young offender institution”.]

Textual Amendments

F478 Sch. 22 para. 75A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 14(3)

Prospective

76 E+W In Schedule 12, in paragraph 3 (breach of requirement of detention and training order), in sub-paragraph (8), for “21” substitute “ 18 ”.

Prospective

77 E+W In Schedule 14 (extended sentences: the earlier offence condition: offences), in paragraph 15(b), for “section 267(1)(a) or 280(1)(a) (as appropriate)” substitute “ section 280(1)(a) ”.

Prospective

78 E+W In Schedule 15 (life sentence for second offence: listed offences), in paragraph 24(1), omit the definition of “index offence”.

Prospective

[F479 78A E+W In paragraph 16A of Schedule 16 (detention following breach of suspended sentence order)—

(a) omit sub-paragraph (1);

(b) in sub-paragraph (2), omit “or a young offender institution”.]

Textual Amendments

F479 Sch. 22 para. 78A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 14(4)

Prospective

Change of residence: duty of responsible officer to apply for amendment of suspended sentence order E+W

79 E+W In Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction), in paragraph 23, at the end insert—

“(3) If the permission is given by the responsible officer—

(a) the officer must apply to the appropriate court to amend the order to specify the new local justice area, and

(b) the court must make that amendment.”

Prospective

Dangerous offenders E+W

[F480 79A E+W In Schedule 17A (serious terrorism offences), after paragraph 24 insert—

“Space Industry Act 2018 E+W

24A An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).”]

Textual Amendments

F480 Sch. 22 para. 79A inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(m)

80 E+W In Schedule 18 (specified violent offences), after paragraph 26 insert—

“Space Industry Act 2018 E+W

26A An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports);

(e) paragraph 5 (offences in relation to certain dangerous articles).”

Minimum sentences: firearms and corrosive substances E+W

81 (1) Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows. E+W

(2) After paragraph 1 insert—

“1A An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22).”

(3) In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute—

“(a) committed in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”

(4) In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute “—

(a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”.

(5) In paragraph 5, for the words following “where” substitute “—

(a) the dangerous weapon in respect of which the offence was committed was a relevant firearm, or

(b) the offence was committed on or after the amendment date (as defined by paragraph 81(8) of Schedule 22) in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”

(6) For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means—

(a) the date on which those sub-paragraphs come into force, or

(b) if earlier, the 2019 Act commencement date.

(7) The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force.

But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250.

(8) For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means—

(a) the date on which that sub-paragraph comes into force, or

(b) if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force.

Commencement Information

I841 Sch. 22 para. 81 in force at 6.4.2022 by S.I. 2022/415, reg. 2

82 (1) Section 315 (minimum sentence for repeat offence involving weapon) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a)—

(i) omit “or” at the end of sub-paragraph (ii);

(ii) after sub-paragraph (iii) insert “or

(iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),”;

(b) in paragraph (b), for “17 July 2015” substitute “ the relevant date ”.

(3) After subsection (1) insert—

“(1A) In subsection (1)(b), “the relevant date” means—

(a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, the date on which paragraph 82 of Schedule 22 comes into force (or, if earlier, the date on which section 8 of the Offensive Weapons Act 2019 comes into force);

(b) in any other case, 17 July 2015.”

(4) In subsection (5)—

(a) omit “or” at the end of paragraph (a);

(b) at the end of paragraph (b) insert “or

(c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place)”.

(5) In the title, at the end insert “ or corrosive substance ”.

Commencement Information

I842 Sch. 22 para. 82 in force at 6.4.2022 by S.I. 2022/415, reg. 2

83 E+W In each of the following provisions, after “weapon” insert “ or corrosive substance ”

(a) section 73(4) (reduction in sentences for guilty pleas);

(b) section 234(2)(b) (detention and training order: availability);

(c) section 399(c)(v) (mandatory sentences).

Commencement Information

I843 Sch. 22 para. 83 in force at 6.4.2022 by S.I. 2022/415, reg. 2

Prospective

Life imprisonment E+W

84 E+W In Schedule 19 (Schedule 19 offences), after paragraph 22 insert—

“Space Industry Act 2018 E+W

22A An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).”

F481 85 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F481 Sch. 22 para. 85 omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(c)(ii), 208(1); S.I. 2022/520, reg. 5(n)

PART 6 E+W EU Exit

86 (1) Section 65 (previous convictions) is amended as follows. E+W

(2) In subsection (4)—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (b);

(c) omit paragraph (d) (and the word “or” immediately before it).

[F482 (3) After subsection (4) insert—

“(4A) If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes—

(a) a previous conviction of a relevant offence under the law of a member State by a court in that State, and

(b) a finding of guilt in respect of a member State service offence (see subsection (6)).”

(3A) In subsection (6), for “(4)(d)” substitute “(4A)(b)].

Textual Amendments

F482 Sch. 22 para. 86(3)(3A) substituted for Sch. 22 para. 86(3) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(2)

Commencement Information

I844 Sch. 22 para. 86 in force at 31.12.2020, see s. 417(9)

87 [F483 (1)] In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or” immediately before it). E+W

[F484 (2) After subsection (2) insert—

“(2A) But the compulsory referral conditions are not met if—

(a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b) the offender has previously been convicted by or before a court in a member State of any offence”.]

Textual Amendments

F483 Sch. 22 para. 87 renumbered as Sch. 22 para. 87(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(3)(a)

F484 Sch. 22 para. 87(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(3)(b)

Commencement Information

I845 Sch. 22 para. 87 in force at 31.12.2020, see s. 417(9)

[F485 87A. E+W Section 267 (extended sentence of detention in a young offender institution: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

“(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14.”.]

Textual Amendments

F485 Sch. 22 para. 87A inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(4)

Commencement Information

I846 Sch. 22 para. 87A in force at 31.12.2020, see s. 417(9)

88 [F486 (1)] In section 273 (custody for life for second listed offence) in subsection (12)— E+W

(a) in the definition of “extended sentence”, in the words following paragraph (b), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”.

[F487 (2) After subsection (12) insert—

“(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.”.]

Textual Amendments

F486 Sch. 22 para. 88 renumbered as Sch. 22 para. 88(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(5)(a)

F487 Sch. 22 para. 88(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(5)(b)

Commencement Information

I847 Sch. 22 para. 88 in force at 31.12.2020, see s. 417(9)

[F488 88A. E+W Section 280 (extended sentence of imprisonment: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

“(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14”.]

Textual Amendments

F488 Sch. 22 para. 88A inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(6)

Commencement Information

I848 Sch. 22 para. 88A in force at 31.12.2020, see s. 417(9)

89 [F489 (1)] In section 283 (life sentence for second listed offence) in subsection (12)— E+W

(a) in the definition of “extended sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (f), for the words following “Scotland” substitute “ or Northern Ireland ”.

[F490 (2) after subsection (12) insert—

“(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.”.]

Textual Amendments

F489 Sch. 22 para. 89 renumbered as Sch. 22 para. 89(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(7)(a)

F490 Sch. 22 para. 89(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(7)(b)

Commencement Information

I849 Sch. 22 para. 89 in force at 31.12.2020, see s. 417(9)

90 [F491 (1)] In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)— E+W

(a) omit paragraph (b);

(b) at the end of paragraph (c) insert “ or ”;

(c) omit paragraph (e) (and the word “or” immediately before it).

[F492 (2) After subsection (3) insert—

“(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction.”.]

Textual Amendments

F491 Sch. 22 para. 90 renumbered as Sch. 22 para. 90(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(8)(a)

F492 Sch. 22 para. 90(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(8)(b)

Commencement Information

I850 Sch. 22 para. 90 in force at 31.12.2020, see s. 417(9)

91 [F493 (1)] In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)— E+W

(a) in paragraph (b) omit “or another member State”;

(b) at the end of paragraph (c) insert “ or ”;

(c) omit paragraph (e) (and the word “or” immediately before it).

[F494 (2) After subsection (3) insert—

“(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.”.]

Textual Amendments

F493 Sch. 22 para. 91 renumbered as Sch. 22 para. 91(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(a)

F494 Sch. 22 para. 91(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(b)

Commencement Information

I851 Sch. 22 para. 91 in force at 31.12.2020, see s. 417(9)

92 [F495 (1)] In section 315 (minimum sentence for repeat offence involving weapon), in subsection (4)— E+W

(a) in paragraph (b) omit “or another member State”;

(b) at the end of paragraph (c) insert “ or ”;

(c) omit paragraph (e) (and the word “or” immediately before it).

[F496 (2) After subsection (4) insert—

“(4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes—

(a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and

(b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed).”.]

Textual Amendments

F495 Sch. 22 para. 92 renumbered as Sch. 2 para. 92(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(10)(a)

F496 Sch. 22 para. 92(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(10)(b)

Commencement Information

I852 Sch. 22 para. 92 in force at 31.12.2020, see s. 417(9)

93 (1) Section 317 (certificates of conviction for purposes of sections 313 and 314) is amended as follows. E+W

[F497 (2) In subsection (1)—

(a) for the words before “applies” substitute “Subsection (2)”;

(b) omit paragraph (c) (but not the word “or” at the end of it);

(c) in paragraph (d) omit “, or in any other member State,”.]

[F498 (2A) after subsection (2) insert—

“(2A) Subsection (2B) applies where an offender has been convicted—

(a) in any member State of a corresponding drug trafficking offence, or

(b) in any member State of a corresponding domestic burglary offence.

(2B) For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—

(a) that the offender was convicted of that offence on the date of the conviction;

(b) that the offence was committed on a particular day, or over, or at some time during, a particular period.”.]

F499 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F500 (4) In subsection (4)—

(a) in the definition of “corresponding drug trafficking offence”, after “313(3)(b)” insert “or (3A)(a)”;

(b) in the definition of “corresponding domestic burglary offence”, after “314(3)(b)” insert “or (3A)(a)”.]

Textual Amendments

F497 Sch. 22 para. 93(2) substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a)

F498 Sch. 22 para. 93(2A) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(b)

F499 Sch. 22 para. 93(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(c)

F500 Sch. 22 para. 93(4) substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(d)

Commencement Information

I853 Sch. 22 para. 93 in force at 31.12.2020, see s. 417(9)

[F501 94 (1) Section 318 (offences under service law) is amended as follows. E+W

(2) In subsection (2) for “and (e)” substitute “and (3A)(b)”;

(3) In subsection (3)(a) for “and (e)” substitute “and (3A)(b)”.]

Textual Amendments

F501 Sch. 22 para. 94 substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(12)

Commencement Information

I854 Sch. 22 para. 94 in force at 31.12.2020, see s. 417(9)

95 (1) F502 ... Schedule 14 (extended sentences: the earlier offence condition: offences) F502 ... is amended as follows. E+W

[F503 (2) In paragraph 18, for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;]

(3) Omit paragraphs 19 and 20.

(4) In the heading [F504 of Part 3], for the words following “Scotland” substitute “ or Northern Ireland. ”

[F505 (5) After Part 3 insert—

“Part 3A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

20A. A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20B. A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.”

(6) In Part 4, after paragraph 21 insert—

“22. In this Schedule—

• “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.”].

Textual Amendments

F502 Words in Sch. 22 para. 95(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(a)

F503 Sch. 22 para. 95(2) substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(b)

F504 Words in Sch. 22 para. 95(4) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(c)

F505 Sch. 22 para. 95(5)(6) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(d)

Commencement Information

I855 Sch. 22 para. 95 in force at 31.12.2020, see s. 417(9)

96 (1) Schedule 15 (life sentence for second offence: listed offences), F506 ... is amended as follows. E+W

[F507 (2) In paragraph 20—

(a) for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;

(b) omit “This is subject to paragraph 23”.]

(3) Omit paragraphs 21 to 23.

(4) In the heading [F508 of Part 4], for the words following “Scotland” substitute “ or Northern Ireland. ”

[F509 (5) After Part 4 insert—

“Part 4A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

23A. If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—

(a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;

(b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23C.

23B. Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

(a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and

(b) with the omission of paragraphs 23A(b).”

(6) In paragraph 24(1) of Part 5 insert—

• ““civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.”].

Textual Amendments

F506 Words in Sch. 22 para. 96(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(a)

F507 Sch. 22 para. 96(2) substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(b)

F508 Words in Sch. 22 para. 96(4) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(c)

F509 Sch. 22 para. 96(5)(6) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(d)

Commencement Information

I856 Sch. 22 para. 96 in force at 31.12.2020, see s. 417(9)

97 E+W Omit paragraphs 16 to [F510 18] of this Schedule (which make amendments relating to offences in other member States).

Textual Amendments

F510 Word in Sch. 22 para. 97 substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(15)

Commencement Information

I857 Sch. 22 para. 97 in force at 31.12.2020, see s. 417(9)

[F511 97A. E+W In paragraph 19 of this Schedule (which makes amendments to section 397A (offenders fined at least three times: interpretation)), after sub-paragraph (1) insert—

“(1A) After subsection (3) insert—

(3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.”.]

Textual Amendments

F511 Sch. 22 para. 97A inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(16)

Commencement Information

I858 Sch. 22 para. 97A in force at 31.12.2020, see s. 417(9)

Prospective

PART 7 E+W Miscellaneous

98 E+W In section 354 (offence: breach of sexual harm prevention order), for subsection (2) substitute—

“(2) See the following provisions for offences in Scotland and Northern Ireland of [F512 breaching such an order]—

(a) section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);

(b) section 113 of the Sexual Offences Act 2003.”

Textual Amendments

F512 Words in Sch. 22 para. 98 substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(7), 208(1); S.I. 2022/1227, reg. 3(h)

99 E+W In section 379 (other behaviour orders), in subsection (1), at the end insert—

“Offensive Weapons Act 2019
section 19	knife crime prevention order	any offence.”

100 E+W In section 396 (execution of process between England and Wales and Scotland), at the appropriate place insert— “ section 93(4) (failure of parent or guardian to comply with order under section 90); ”.

Prospective

PART 8 E+W Amendments of other Acts consequential on prospective change to age limit for imposing imprisonment

Mental Health Act 1983 (c. 20) E+W

101 (1) Section 37 of the Mental Health Act 1983 F513 ..., is further amended as follows. E+W

(2) In subsection (1A) omit “ [F514 268A, 273], 274, [F515 274A,] ”.

(3) In subsection (1B) [F516 —

(a) in paragraph (aa), omit “section 268A or” and “282B(2) or”;

(b)] omit paragraph (b).

Textual Amendments

F513 Words in Sch. 22 para. 101(1) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(n)(i)

F514 Words in Sch. 22 para. 101(2) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(n)(ii)

F515 Word in Sch. 22 para. 101(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(15)(c), 208(5)(b)

F516 Words in Sch. 22 para. 101(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(n)(iii)

Road Traffic Offenders Act 1988 (c. 53) E+W

102 E+W In section 35A(4) of the Road Traffic Offenders Act 1988 F517 ...—

(a) in paragraph (e) omit “266 or” and “266(a) or”;

[F518 (aa) in paragraph (fza) omit “266(a) or”;]

(b) in paragraph (fa) omit “265 or” and “265(2)(a) or”.

[F519 (c) in paragraph (fb) omit “268A or” and “268C(2) or”.]

Textual Amendments

F517 Words in Sch. 22 para. 102 omitted (28.4.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(c)(i), 208(4)(q)

F518 Sch. 22 para. 102(aa) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(c)(ii), 208(4)(q)

F519 Sch. 22 para. 102(c) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(c)(iii), 208(4)(q)

Section 409

SCHEDULE 23 E+W+N.I. Powers to amend the Sentencing Code

F520 PART 1 E+W General provisions

Textual Amendments

F520 Sch. 23 Pt. 1 omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 6(5)

F520 Seriousness: list of offences in which terrorist connection to be considered E+W

F520 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 E+W Orders for conditional discharge

2 (1) The Secretary of State may by regulations amend subsection (5) of section 80 by substituting such period as may be specified in the regulations for the maximum period for the time being specified in that subsection. E+W

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I859 Sch. 23 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Referral orders

Power to amend descriptions of offender for certain purposes connected with referral orders E+W

3 (1) The Secretary of State may by regulations amend any provision of sections 84 and 85, other than paragraphs (a) to (e) of section 84(1), to alter in any way the descriptions of offenders in whose case a referral order must or may be made. E+W

(2) The Secretary of State may by regulations amend any provision of paragraphs 14 to 16 of Schedule 4 to alter in any way the description of the offenders in the case of which an order extending the compliance period may be made.

(3) Any description of offender having effect by virtue of regulations under this paragraph may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—

(a) the offender's age,

(b) how the offender has pleaded,

(c) the offence (or offences) of which the offender has been convicted,

(d) the offender's previous convictions (if any),

(e) how (if at all) the offender has been previously punished or otherwise dealt with by any court, and

(f) any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I860 Sch. 23 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to alter amount of fine in respect of referral order on referral back to court E+W

4 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 9(3) of Schedule 4 (power to impose fine where offender fails to comply with youth offender contract). E+W

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I861 Sch. 23 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Fines and compensation orders

Standard scale E+W

5 (1) The Secretary of State may by regulations amend section 122 so as to provide for such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date to have effect in place of any sum for the time being specified as a level on the standard scale, in relation to offences committed after the regulations come into force. E+W

(2) In sub-paragraph (1), the “relevant date” means—

(a) 1 October 1992, or

(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph or paragraph 6, the date of those regulations.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I862 Sch. 23 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 (1) The Secretary of State may by regulations amend section 122 so as to provide for such sums as the Secretary of State considers appropriate to have effect in place of the sums for the time being specified as levels 1 to 4 on the standard scale in relation to offences committed after the regulations come into force. E+W

(2) Regulations under this paragraph may not alter the ratio of one of those levels to another.

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

(4) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I863 Sch. 23 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to alter limits on fines and compensation orders etc in magistrates' court E+W

7 (1) The Secretary of State may by regulations substitute, for a sum for the time being specified in any of the following provisions, such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date, in relation to offences committed after the regulations come into force— E+W

section 123	limit on magistrates' court fine for young offender
section 129	limit on term in default of payment of fine
section 139	limit on magistrates' court compensation order for young offender
section 376(2)(b) or (8)	limits on recognizance for parent or guardian of young offender, or fine for unreasonable refusal to enter into recognizance
paragraph 2(2)(a) of Schedule 5	limit on fine on breach of requirement of reparation order

(2) In sub-paragraph (1), the “relevant date” means—

(a) 1 October 1992, or

(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph, the date of those regulations.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I864 Sch. 23 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W+N.I. Youth rehabilitation orders

Responsible officer E+W

8 (1) The Secretary of State may by regulations— E+W

(a) amend section 191 (meaning of “the responsible officer”), and

(b) make any other amendments of—

(i) Chapter 1 of Part 9 (youth rehabilitation orders), or

(ii) any provision of this Act derived from Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing),

that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).

(2) Regulations under sub-paragraph (1) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I865 Sch. 23 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend limits E+W

9 (1) The Secretary of State may by regulations substitute a maximum number of hours, or a period, for the time being specified in [F521 any] of the following provisions of Schedule 6 (youth rehabilitation order: requirements)— E+W

(a) paragraph 10(3) (unpaid work requirement), or

(b) paragraph [F522 18(4) or (4A)] (curfew requirement).

(2) The Secretary of State may by regulations substitute a period for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—

(a) paragraph 18(5) (curfew requirement);

(b) paragraph 20(3) (exclusion requirement);

(c) paragraph 24(4)(a) (local authority residence requirement);

(d) paragraph 26(3)(a) (fostering requirement).

(3) Regulations under this paragraph which amend paragraph 26(3)(a) of Schedule 6 may also make consequential amendments of paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Textual Amendments

F521 Word in Sch. 23 para. 9(1) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 20(a)

F522 Words in Sch. 23 para. 9(1)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 20(b)

Modifications etc. (not altering text)

C189 Sch. 23 para. 9 applied (with modifications) by 2008 c. 4, s. 39(6)(e), Sch 7 (as amended) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I866 Sch. 23 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend fines for breach of youth rehabilitation order E+W

10 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 6(5)(a) or 7(2)(a) of Schedule 7 (fine on breach of youth rehabilitation order). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) 3 December 2012, or

(b) if the sum specified in paragraph 6(5)(a) or 7(2)(a) (as the case may be) of Schedule 7 has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I867 Sch. 23 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Maximum period of fostering requirement where imposed by virtue of Schedule 7 E+W

11 (1) The Secretary of State may by regulations amend paragraph 10(10) or 17(6) of Schedule 7 by substituting, for— E+W

(a) the period of 18 months specified in the provision, or

(b) any other period which may be so specified by virtue of previous regulations under this paragraph,

such other period as may be specified in the regulations.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I868 Sch. 23 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland E+W+N.I.

12 (1) This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction. E+W+N.I.

(2) The Secretary of State may by regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I869 Sch. 23 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Community requirements

Power to amend limits E+W

13 (1) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in— E+W

(a) paragraph 2(1) of Schedule 9 (unpaid work requirement), or

(b) paragraph 9(4) [F523 or (4A)] of that Schedule (curfew requirement).

(2) The Secretary of State may by regulations substitute any period of time for the time being specified in—

(a) paragraph [F524 9(6)] of Schedule 9 (curfew requirement);

(b) paragraph 11(4) of that Schedule (exclusion requirement);

(c) paragraph 25(4)(b) of that Schedule (alcohol abstinence and monitoring requirement).

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

Textual Amendments

F523 Words in Sch. 23 para. 13(1)(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(6)(a), 208(5)(q)

F524 Word in Sch. 23 para. 13(2)(a) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(6)(b), 208(5)(q)

Modifications etc. (not altering text)

C190 Sch. 23 para. 13 extended by 2006 c. 52, Sch. 6 para. 8 (as amended) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(9) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I870 Sch. 23 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Community orders

Breach of community order: power to amend amounts of fines E+W

14 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (breach etc of community order). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (as the case may be) has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, 3 December 2012.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I871 Sch. 23 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+W Custodial sentences

[F525 General limit on magistrates’ court’s power to impose custodial sentence E+W

Textual Amendments

F525 Sch. 23 para. 14A and cross-heading inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(2), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

14A (1) The Secretary of State may by regulations amend section 224(1A)(b) (general limit on custodial sentence for either-way offence in magistrates’ court)— E+W

(a) if for the time being it refers to 12 months, to substitute a reference to 6 months for the reference to 12 months, or

(b) if for the time being it refers to 6 months, to substitute a reference to 12 months for the reference to 6 months.

(2) An amendment under sub-paragraph (1) has effect only in relation to an offence for which a person is convicted on or after the day on which the amendment comes into force.

(3) Regulations under sub-paragraph (1) are subject to the negative resolution procedure.]

Detention and training orders: end of period of supervision E+W

15 (1) Subject to sub-paragraphs (2) and (3), the Secretary of State may by regulations amend section 242 (detention and training order: period of supervision) as it has effect for the time being so as to alter the point at which the period of supervision of a detention and training order is to end. E+W

(2) The period of supervision must end no later than the end of the term of the order.

(3) Regulations under this paragraph may not include provision about cases in which—

(a) the offender is aged 18 or over at the half-way point of the term of the detention and training order, and

(b) the order was made in respect of an offence committed on or after 1 February 2015.

(4) Expressions used in this paragraph and sections 233 to 237 have the same meanings in this paragraph as in those sections.

(5) For the purposes of sub-paragraph (3)(b), where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.

(6) Regulations under this paragraph are subject to the affirmative resolution procedure.

(7) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I872 Sch. 23 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offenders of particular concern: listed offences E+W

16 (1) The Secretary of State may by regulations amend Schedule 13 by— E+W

(a) adding offences, or

(b) varying or omitting offences listed in the Schedule.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I873 Sch. 23 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Suspended sentence order: power to amend amounts of fines E+W

17 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 13(1)(c) of Schedule 16 to the Code (breach etc of community requirement of suspended sentence order or conviction of further offence). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 13(1)(c) of Schedule 16 to the Code has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, 3 December 2012.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I874 Sch. 23 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to exclude application of minimum sentences to those under 18 E+W

18 (1) The Secretary of State may by regulations— E+W

(a) amend section 311(1)(b) (minimum sentence for certain offences involving firearms that are prohibited weapons) by substituting for the word “16” the word “18”;

(b) repeal section 252(1)(b) (maximum sentence of detention in case where minimum sentence required under section 311).

(2) Regulations under this paragraph may make such other provision as the Secretary of State considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(3) Regulations under this paragraph may make provision in relation to offences even if committed, or the offender was convicted, before the regulations come into force.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I875 Sch. 23 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Determining minimum term of mandatory life sentence E+W

19 (1) The Lord Chancellor may by regulations amend Schedule 21. E+W

(2) Before making regulations under sub-paragraph (1), the Lord Chancellor must consult the Sentencing Council for England and Wales.

(3) Regulations under this paragraph may not have effect in relation to any offence committed before the regulations come into force.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I876 Sch. 23 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 410

SCHEDULE 24 E+W Consequential amendments

PART 1 E+W Acts of Parliament

Children and Young Persons Act 1933 (c. 12) E+W

1 E+W In section 34(7B) of the Children and Young Persons Act 1933—

(a) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ section 173 of the Sentencing Code ”;

(b) for “section 4 of that Act” substitute “ section 191 of that Code ”.

Commencement Information

I877 Sch. 24 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 (1) Section 49 of that Act is amended as follows. E+W

(2) In subsection (2)(c), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.

(3) In subsection (4A)—

(a) in paragraph (d), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;

(b) in paragraph (e), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”.

(4) In subsection (10), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.

(5) In subsection (11)—

(a) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(b) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(c) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I878 Sch. 24 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) Section 58 of that Act is amended as follows. E+W

(2) After the first paragraph (a) insert—

“(aa) a child or young person sentenced to be detained under section 250 of the Sentencing Code with respect to whom the Secretary of State is authorised to give directions under section 260 of that Code; or”.

(3) In the second paragraph (a), before “section 91” insert “ section 250 or ”.

Commencement Information

I879 Sch. 24 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prison Act 1952 (c. 52) E+W

4 E+W In section 13(2) of the Prison Act 1952, after “or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 271, 276 or 329 of the Sentencing Code ”.

Commencement Information

I880 Sch. 24 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W In section 49(5)(c) of that Act, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

Commencement Information

I881 Sch. 24 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prevention of Crime Act 1953 (c. 14) E+W

6 E+W In section 1 of the Prevention of Crime Act 1953, after subsection (2) insert—

“(2ZA) See section 315 of the Sentencing Code for provision about the sentence which the court may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.”

Commencement Information

I882 Sch. 24 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 E+W In section 1A of that Act, after subsection (4) insert—

“(4A) For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.”

Commencement Information

I883 Sch. 24 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Copyright Act 1956 (c. 74) E+W

8 E+W In section 21 of the Copyright Act 1956, for subsection (7C) substitute—

“(7C) In subsection (7A) of this section “the standard scale”—

(a) in relation to England and Wales and Northern Ireland, has the meaning given by section 122 of the Sentencing Code;

(b) in relation to Scotland, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995.

For the purposes of paragraph (a), section 122 of the Sentencing Code, and regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 which alter the sums specified in that section, shall extend to Northern Ireland.”

Commencement Information

I884 Sch. 24 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Appeal Act 1968 (c. 19) E+W

9 E+W In section 9(1A) of the Criminal Appeal Act 1968—

(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;

(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.

Commencement Information

I885 Sch. 24 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W In section 10(2)(b) of that Act—

(a) in sub-paragraph (ii), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(b) in sub-paragraph (iii), for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of that Code ”.

Commencement Information

I886 Sch. 24 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 E+W After section 30A of that Act insert—

“30B Criminal courts charge

The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Court of Appeal—

(a) when dismissing an appeal under this Part of this Act by a person convicted of an offence against the person's conviction or sentence for the offence;

(b) when dismissing an application for leave to bring such an appeal.”

Commencement Information

I887 Sch. 24 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W In section 50(1A) of that Act, for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.

Commencement Information

I888 Sch. 24 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 E+W In Schedule 2 to that Act, in paragraph 2(4), after “Sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.

Commencement Information

I889 Sch. 24 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Court Martial Appeals Act 1968 (c. 20) E+W

14 E+W In section 8(1ZA) of the Court Martial Appeals Act 1968—

(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;

(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.

Commencement Information

I890 Sch. 24 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 (c. 27) E+W

15 (1) Section 21 of the Firearms Act 1968 is amended as follows. E+W

(2) In subsection (2A)(c)(ii), after “section 104 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3 of Schedule 12 to the Sentencing Code ”.

(3) In subsection (2C)(b), after “section 189 of the Criminal Justice Act 2003” insert “ or section 264 or 277 of the Sentencing Code ”.

(4) In subsection (3ZA)(a)—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

Commencement Information

I891 Sch. 24 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

16 (1) Section 51A of that Act is amended as follows. E+W

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (5) apply ”;

(b) in paragraph (a), after “convicted” insert “ in Scotland ”.

(3) After subsection (5) insert—

“(6) For the minimum sentence for certain offences under this Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.”

Commencement Information

I892 Sch. 24 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 E+W In section 52(1A)(a) of that Act—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

Commencement Information

I893 Sch. 24 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Health Services and Public Health Act 1968 (c. 46) E+W

18 E+W In section 64(3)(a) of the Health Services and Public Health Act 1968—

(a) in sub-paragraph (xxi), before “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ section 260 of the Sentencing Code or ”;

(b) in sub-paragraph (xxii), before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.

Commencement Information

I894 Sch. 24 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19 E+W In section 65(3)(b)(xxii) of that Act, before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.

Commencement Information

I895 Sch. 24 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Civil Evidence Act 1968 (c. 64) E+W

20 E+W In section 11(5)(a) of the Civil Evidence Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I896 Sch. 24 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Social Work (Scotland) Act 1968 (c. 49) E+W

21 E+W In section 94(1) of the Social Work (Scotland) Act 1968, in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I897 Sch. 24 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70) E+W

22 E+W In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I898 Sch. 24 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children and Young Persons Act 1969 (c. 54) E+W

23 E+W In section 30(1) of the Children and Young Persons Act 1969, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.

Commencement Information

I899 Sch. 24 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) Section 32 of that Act is amended as follows. E+W

(2) In subsection (1A)—

(a) in paragraph (a), for the words after “has been taken under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or ”;

(b) in paragraph (b)(i), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(c) in paragraph (b)(ii), for the words after “has been remanded under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or ”.

(3) In subsection (1C)—

(a) in paragraph (a), for the words after “made the arrangements under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; ”;

(b) in paragraph (b), for “paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24(3)(b) of Schedule 6 to the Sentencing Code ”;

(c) in paragraph (c), for the words after “designated under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; ”.

(4) In subsection (1D)(b), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 191 of the Sentencing Code ”.

(5) In subsection (1E)(b), for “paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 26(2)(b) of Schedule 6 to the Sentencing Code ”.

Commencement Information

I900 Sch. 24 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 E+W In section 70(1) of that Act—

(a) in the definition of “local authority residence requirement”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code ”;

(b) in the definition of “youth rehabilitation order” and “youth rehabilitation order with fostering”, for “the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act)” substitute “ the meanings given by sections 173 and 176 of the Sentencing Code ”.

Commencement Information

I901 Sch. 24 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Administration of Justice Act 1970 (c. 31) E+W

26 (1) Schedule 9 to the Administration of Justice Act 1970 is amended as follows. E+W

(2) In paragraph 9A, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

(3) In paragraph 10, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(4) In paragraph 12, for “section 137 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 380 of the Sentencing Code ”.

(5) In paragraph 12A, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I902 Sch. 24 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Misuse of Drugs Act 1971 (c. 38) E+W

27 (1) Section 4A of the Misuse of Drugs Act 1971 is amended as follows. E+W

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (8) apply ”;

(b) in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.

(3) After subsection (8) insert—

“(9) For the requirement for a court in England and Wales considering the seriousness of an offence under section 4(3) of this Act to treat certain matters as aggravating factors, see section 71 of the Sentencing Code.”

Commencement Information

I903 Sch. 24 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Juries Act 1974 (c. 23) E+W

28 (1) Schedule 1 to the Juries Act 1974 is amended as follows. E+W

(2) In paragraph 6(d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(3) In paragraph 7(b), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Commencement Information

I904 Sch. 24 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Consumer Credit Act 1974 (c. 39) E+W

29 E+W In section 119(2) of the Consumer Credit Act 1974, for “section 148 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.

Commencement Information

I905 Sch. 24 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Solicitors Act 1974 (c. 47) E+W

30 E+W In section 43(7) of the Solicitors Act 1974, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I906 Sch. 24 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Rehabilitation of Offenders Act 1974 (c. 53) E+W

31 (1) Section 1 of the Rehabilitation of Offenders Act 1974 is amended as follows. E+W

(2) In subsection (3)—

(a) in paragraph (za), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”;

(b) in paragraph (c), after “section 21A of the Prosecution of Offences Act 1985” insert “ or section 46 of the Sentencing Code ”.

(3) In subsection (4), for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I907 Sch. 24 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

32 (1) Section 5 of that Act, as it extends to England and Wales, is amended as follows. E+W

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (7)(e), after “section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3(2) of Schedule 12 to the Sentencing Code ”.

(5) In subsection (8)—

(a) in paragraph (a) of the definition of “community or youth rehabilitation order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in paragraph (c) of that definition, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;

(c) in paragraph (f) of the definition of “custodial sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 250 of the Sentencing Code ”;

(d) in paragraph (g) of that definition, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ within the meaning given by section 233 of the Sentencing Code ”;

(e) in paragraph (e) of the definition of “relevant order”, for “section 16 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 6 of the Sentencing Code ”;

(f) in the words after paragraph (g) of that definition, after “section 73 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 6 of the Sentencing Code ”.

Commencement Information

I908 Sch. 24 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

33 (1) Section 5 of that Act, as it extends to Scotland, is amended— E+W

(a) if section 18 of the Management of Offenders (Scotland) Act 2019 (asp 14) (the “2019 Act”) does not come into force on or before [F526 1 December 2020], as set out in sub-paragraphs (2) and (3);

(b) if section 19 of the 2019 Act does not come into force on or before that date, as set out in sub-paragraphs (4) to (10).

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (2), in Table B, in the fourth entry, after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

(5) In subsection (4A), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

(6) In subsection (4B)—

(a) in the opening words, after “the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 1 of Part 6 of the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(7) In subsection (4C)—

(a) in the opening words, after “paragraph 11 or 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 15 of Schedule 4 to the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(8) In subsection (5)(da), after “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ or Chapter 1 of Part 9 of the Sentencing Code ”.

(9) In subsection (6A), after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code, ”.

(10) In subsection (9)(b), after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

Textual Amendments

F526 Words in Sch. 24 para. 33(1)(a) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(7)(a)

Commencement Information

I909 Sch. 24 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

34 E+W In section 7(2)(d) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I910 Sch. 24 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Bail Act 1976 (c. 63) E+W

35 E+W In section 2(2) of the Bail Act 1976—

(a) in the definition of “custodial sentence”, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”;

(b) in the definition of “probation hostel”, for “by a community order under section 177 of the Criminal Justice Act 2003” substitute “ by a community order under Chapter 2 of Part 9 of the Sentencing Code ”;

(c) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(d) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(e) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I911 Sch. 24 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

36 E+W In section 4(3) of that Act—

(a) in paragraph (za), for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;

(b) in paragraph (zb), for “Schedule 8 to that Act” substitute “ Schedule 5 to that Code ”;

(c) in paragraph (a), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”;

(d) in paragraph (b), for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to that Code ”.

Commencement Information

I912 Sch. 24 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

37 (1) Schedule 1 to that Act is amended as follows. E+W

(2) In paragraph 6B(1)(b) of Part 1, for sub-paragraph (ii) substitute—

“(ii) under section 34A of the Sentencing Code (pre-sentence drug testing),”.

(3) In paragraph 4 of Part 3, in the definition of “default”, for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to the Sentencing Code ”.

Commencement Information

I913 Sch. 24 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Law Act 1977 (c. 45) E+W

38 E+W In section 3(1) of the Criminal Law Act 1977, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.

Commencement Information

I914 Sch. 24 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interpretation Act 1978 (c. 30) E+W

39 (1) Schedule 1 to the Interpretation Act 1978 is amended as follows. E+W

(2) At the appropriate place insert—

““The Sentencing Code” means the code contained in the Sentencing Act 2020 (see section 1 of that Act).”

(3) In paragraph (a) of the definition of “The standard scale”, for “has the meaning given by section 37 of the Criminal Justice Act 1982” substitute “ has the meaning given by section 122 of the Sentencing Code (or, in the case of an offence of which the offender was convicted before that Act came into force, section 37 of the Criminal Justice Act 1982) ”.

Commencement Information

I915 Sch. 24 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Ancient Monuments and Archaeological Areas Act 1979 (c. 46) E+W

40 E+W In section 5(2)(a) of the Ancient Monuments and Archaeological Areas Act 1979, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I916 Sch. 24 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

41 E+W In section 29 of that Act, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I917 Sch. 24 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) E+W

42 E+W In section 1(2)(b) of the Licensed Premises (Exclusion of Certain Persons) Act 1980, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.

Commencement Information

I918 Sch. 24 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Magistrates' Courts Act 1980 (c. 43) E+W

43 E+W In section 11(3) of the Magistrates' Courts Act 1980 (“the MCA 1980”), for “paragraph 8(2)(a) or (b) of Schedule 12 to the Criminal Justice Act 2003” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.

Commencement Information

I919 Sch. 24 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

44 E+W In section 17A(4)(b) of the MCA 1980—

(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

Commencement Information

I920 Sch. 24 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

45 E+W In section 17D(2)(b) of the MCA 1980, for “sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 14 and 18 of the Sentencing Code ”.

Commencement Information

I921 Sch. 24 para. 45 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

46 E+W In section 20(2)(c) of the MCA 1980—

(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

Commencement Information

I922 Sch. 24 para. 46 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

47 (1) Section 20A of the MCA 1980 is amended as follows. E+W

(2) In subsection (2), for “sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 15(4), 18(8) and 21(6) of the Sentencing Code ”.

(3) In subsection (6), for “the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.

Commencement Information

I923 Sch. 24 para. 47 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

48 E+W In section 24(3) of the MCA 1980, for “section 89(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227(1) of the Sentencing Code ”.

Commencement Information

I924 Sch. 24 para. 48 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

49 E+W In section 24A(5)(b) of the MCA 1980—

(a) for “section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;

(b) for “under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section” substitute “ under section 16 or 17 of that Act if the court is of such opinion as is mentioned in section 16(1)(c) or (if applicable) section 17(1)(b) ”.

Commencement Information

I925 Sch. 24 para. 49 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

50 (1) Section 81 of the MCA 1980 is amended as follows. E+W

(2) In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.

(3) In subsection (8), in the definition of “sum adjudged to be paid by a conviction”, for “an order under section 130 of the said Act of 2000 (compensation orders)” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) ”.

Commencement Information

I926 Sch. 24 para. 50 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

51 E+W In section 82(1A) of the MCA 1980—

(a) in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;

(b) in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of that Code ”.

Commencement Information

I927 Sch. 24 para. 51 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

52 E+W In section 85(3A)(b) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I928 Sch. 24 para. 52 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

53 E+W In section 91(3) of the MCA 1980, for “section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132(1) of the Sentencing Code ”.

Commencement Information

I929 Sch. 24 para. 53 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

54 (1) Section 108 of the MCA 1980 is amended as follows. E+W

(2) In subsection (1A), for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.

(3) In subsection (4), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

(4) In subsection (5), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I930 Sch. 24 para. 54 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

55 E+W In section 113(3) of the MCA 1980 as amended by the Sentencing (Pre-consolidation Amendments) Act 2020, for “section 3, 3A, 3B or 3C of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14, 15, 16 or 17 of the Sentencing Code ”.

Commencement Information

I931 Sch. 24 para. 55 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

56 E+W In section 121(5A) of the MCA 1980—

(a) in paragraph (d), for “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (e), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”;

(c) in paragraph (h), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I932 Sch. 24 para. 56 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

57 E+W In section 125D(3)(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.

Commencement Information

I933 Sch. 24 para. 57 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

58 E+W In section 126(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.

Commencement Information

I934 Sch. 24 para. 58 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

59 E+W In section 133(1) of the MCA 1980, for “section 265 of the Criminal Justice Act 2003” substitute “ section 225 of the Sentencing Code ”.

Commencement Information

I935 Sch. 24 para. 59 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

60 E+W In section 139(aa) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I936 Sch. 24 para. 60 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) E+W

61 E+W In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in paragraph (bb)(v) of Part 2, after “within the meaning of section 177 of the Criminal Justice Act 2003” insert “ or imposed under Chapter 2 of Part 9 of the Sentencing Code ”.

Commencement Information

I937 Sch. 24 para. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Imprisonment (Temporary Provisions) Act 1980 (c. 57) E+W

62 E+W In section 6(1) of the Imprisonment (Temporary Provisions) Act 1980, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

Commencement Information

I938 Sch. 24 para. 62 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Public Passenger Vehicles Act 1981 (c. 14) E+W

63 E+W In Schedule 3 to the Public Passenger Vehicles Act 1981, in paragraph 1(6), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Commencement Information

I939 Sch. 24 para. 63 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Attempts Act 1981 (c. 47) E+W

64 E+W In section 4(5)(b) of the Criminal Attempts Act 1981, for sub-paragraph (ii) substitute—

“(ii) in section 224(1) and (2) (general limit on magistrates' court's powers to impose imprisonment etc) of the Sentencing Code.”

Commencement Information

I940 Sch. 24 para. 64 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Contempt of Court Act 1981 (c. 49) E+W

65 E+W In section 12(5) of the Contempt of Court Act 1981, for “Section 135 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 123 of the Sentencing Code ”.

Commencement Information

I941 Sch. 24 para. 65 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

66 E+W In section 16(3) of that Act, for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

Commencement Information

I942 Sch. 24 para. 66 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

67 E+W In Schedule 1 to that Act, in paragraph 6, for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

Commencement Information

I943 Sch. 24 para. 67 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Senior Courts Act 1981 (c. 54) E+W

68 E+W After section 52 of the Senior Courts Act 1981 insert—

“52A Appeals to Crown Court: criminal courts charge

The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Crown Court when dismissing an appeal by a person convicted of an offence against conviction or sentence for the offence.”

Commencement Information

I944 Sch. 24 para. 68 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

69 (1) Section 140 of that Act is amended as follows. E+W

(2) In subsection (3), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

(3) In subsection (5), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

Commencement Information

I945 Sch. 24 para. 69 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1982 (c. 48) E+W

70 E+W In section 32(1A) of the Criminal Justice Act 1982—

(a) in paragraph (d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (e), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”.

Commencement Information

I946 Sch. 24 para. 70 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

71 E+W In section 46(3) of that Act—

(a) for “an order under section 143 of the Magistrates' Courts Act 1980 alters the sums specified in section 37(2) above” substitute “ regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 alter the sums specified in section 122(1) of the Sentencing Code ”;

(b) for “the order” substitute “ the regulations ”.

Commencement Information

I947 Sch. 24 para. 71 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

72 (1) Schedule 13 to that Act is amended as follows. E+W

(2) In paragraph 7—

(a) in sub-paragraph (1), in sub-paragraph (b) of the substituted text—

(i) for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(ii) for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(b) in sub-paragraph (3)(b), for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(c) in sub-paragraph (4)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part 9 ”.

(3) In paragraph 9—

(a) in sub-paragraph (3)(a), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in sub-paragraph (3)(aa), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(c) in sub-paragraph (6)(b)(i)—

(i) for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(ii) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(4) In paragraph 10—

(a) in the definition of “community order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I948 Sch. 24 para. 72 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mental Health Act 1983 (c. 20) E+W

73 (1) Section 37 of the Mental Health Act 1983 is amended as follows. E+W

(2) In subsection (1A), for the words from “imposed” to “nothing” substitute “ imposed under section 258, 273, 274, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing ”.

(3) For subsection (1B) substitute—

“(1B) For the purposes of subsection (1A) above—

(a) a sentence falls to be imposed under section 258 of the Sentencing Code if the court is obliged by that section to pass a sentence of detention for life under section 250 of that Code;

(b) a sentence falls to be imposed under section 273 or 274 of that Code if the court is obliged by that section to pass a sentence of custody for life;

(c) a sentence falls to be imposed under section 283 or 285 of that Code if the court is obliged by that section to pass a sentence of imprisonment for life;

(d) a sentence falls to be imposed under Chapter 7 of Part 10 of that Code if it is required by section 311(2), 312(2), 313(2), 314(2) or 315(2) of that Code and the court is not of the opinion there mentioned.”

(4) In subsection (8)(a)—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

(5) In subsection (8)(b), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83 of that Code ”.

(6) In subsection (8)(c), for “section 150 of that Act” substitute “ section 376 of that Code ”.

Commencement Information

I949 Sch. 24 para. 73 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

74 E+W In section 43(4) of that Act, for “section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or 16 of the Sentencing Code ”.

Commencement Information

I950 Sch. 24 para. 74 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Child Abduction Act 1984 (c. 37) E+W

75 E+W In the Schedule to the Child Abduction Act 1984, in paragraph 2(1)—

(a) for paragraph (a) substitute—

“(a) detained in a place of safety under paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;”;

(b) for paragraph (b) substitute—

“(b) remanded to local authority accommodation under paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;”.

Commencement Information

I951 Sch. 24 para. 75 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Police and Criminal Evidence Act 1984 (c. 60) E+W

76 E+W In section 17(1)(cb)(ii) of the Police and Criminal Evidence Act 1984, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.

Commencement Information

I952 Sch. 24 para. 76 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

77 E+W In section 38(6A) of that Act, in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I953 Sch. 24 para. 77 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

78 E+W In section 63A(3B) of that Act, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code, ”.

Commencement Information

I954 Sch. 24 para. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

79 E+W In section 63K(6)(a) of that Act, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.

Commencement Information

I955 Sch. 24 para. 79 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

80 E+W In section 75(3)(a) of that Act—

(a) after “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 82 of the Sentencing Code ”;

(b) omit “probation or”.

Commencement Information

I956 Sch. 24 para. 80 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prosecution of Offences Act 1985 (c. 23) E+W

81 E+W In section 3(2) of the Prosecution of Offences Act 1985—

(a) in paragraph (fa), for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ Chapter 1 of Part 11 of the Sentencing Code ”;

(b) in paragraph (fb)—

(i) for “applications under section 27 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ applications under section 336 of the Sentencing Code ”;

(ii) for “section 22 of that Act” substitute “ Chapter 1 of Part 11 of that Code ”.

Commencement Information

I957 Sch. 24 para. 81 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

82 E+W In section 7A(5) of that Act, in the definition of “preventative civil orders”—

(a) in paragraph (b), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”;

(b) in paragraph (c), after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.

Commencement Information

I958 Sch. 24 para. 82 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

83 (1) Section 19(3C) of that Act is amended as follows. E+W

(2) For the definition of “community order” substitute—

““community order” has the meaning given by section 200 of the Sentencing Code;”.

(3) In the definition of “mental health treatment requirement”—

(a) in paragraph (a), for “under section 207 of the Criminal Justice Act 2003” substitute “ within the meaning given by paragraph 16 of Schedule 9 to the Sentencing Code ”;

(b) in paragraph (b), for “under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ within the meaning given by paragraph 28 of Schedule 6 to that Code ”.

(4) In the definition of “youth rehabilitation order”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.

Commencement Information

I959 Sch. 24 para. 83 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Housing Act 1985 (c. 68) E+W

84 E+W In section 84A(5) of the Housing Act 1985, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert “ or section 339 of the Sentencing Code ”.

Commencement Information

I960 Sch. 24 para. 84 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

85 E+W In Schedule 3 to that Act, under Ground 2A, in the definition of “relevant order”, for “an order under section 22 of that Act” substitute “ a criminal behaviour order within the meaning given by section 330 of the Sentencing Code ”.

Commencement Information

I961 Sch. 24 para. 85 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Surrey Act 1985 (c. iii) E+W

86 E+W In section 2(1) of the Surrey Act 1985, in the definition of “the standard scale”, for “section 37 (3) of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.

Commencement Information

I962 Sch. 24 para. 86 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Clwyd County Council Act 1985 (c. xliv) E+W

87 E+W In section 2(1) of the Clwyd County Council Act 1985, in the definition of “the standard scale”, for “section 37 of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.

Commencement Information

I963 Sch. 24 para. 87 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Insolvency Act 1986 (c. 45) E+W

88 E+W In section 281(4A) of the Insolvency Act 1986, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I964 Sch. 24 para. 88 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 (c. 33) E+W

89 (1) Section 36 of the Criminal Justice Act 1988 is amended as follows. E+W

(2) In subsection (2), for paragraph (b) substitute—

“(b) failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.”

(3) In subsection (3A), for “an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence)” substitute “ a minimum term order made under section 321 of the Sentencing Code in respect of an offence the sentence for which is fixed by law ”.

(4) In subsection (9)—

(a) for paragraphs (aa) to (ac) substitute—

“(aa) subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted

“impose a sentence required by—

(i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,

(ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,

(iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or

(iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;””;

(b) in paragraph (c), for “an order specified in subsection (3B)” substitute “ a minimum term order made under section 321 of the Sentencing Code ”;

(c) omit paragraph (d) and the preceding “and”.

Commencement Information

I965 Sch. 24 para. 89 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

90 E+W In section 139 of that Act, after subsection (6) insert—

“(6ZA) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.”

Commencement Information

I966 Sch. 24 para. 90 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

91 E+W In section 139A of that Act, before subsection (6) insert—

“(5ZB) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant convicti