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Sentencing Act 2020

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FIRST GROUP OF PARTSU.K.Introductory provisions and overview

PART 1 E+WIntroductory provisions and overview

1OverviewE+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

I1S. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2Application of CodeE+W

(1)The Sentencing Code does not apply where a person is convicted of an offence before [F11 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

Commencement Information

I2S. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

SECOND GROUP OF PARTSU.K.Provisions applying to sentencing courts generally

PART 2 E+WPowers exercisable before passing sentence

CHAPTER 1E+WDeferment of sentence

3Deferment orderE+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

I3S. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4Availability of deferment orderE+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

I4S. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5Making a deferment orderE+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

I5S. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6Effect of deferment orderE+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

I6S. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7Restorative justice requirementsE+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

I7S. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8Deferment order: supervisorE+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

I8S. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9Failure to comply with deferment requirementE+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

I9S. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10Conviction of offence during period of defermentE+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

I10S. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11Powers of court dealing with offender following deferment orderE+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

I11S. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12Saving for power to bind over and other powers to defer sentenceE+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

I12S. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13Deferment orders: interpretationE+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

I13S. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2E+WCommittal to the Crown Court for sentence

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

I14S. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

15Committal for sentence of dangerous adult offendersE+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.

(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 a specified offence to the Crown Court for sentence under section 14 or 18 if the provisions of that section are satisfied.

Commencement Information

I15S. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal following summary trial: persons under 18E+W
16Committal for sentence of young offenders on summary trial of certain serious offencesE+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

I16S. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F216ACommittal for sentence of young offenders on summary trial of certain terrorist offencesE+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.]

17Committal for sentence of dangerous young offendersE+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 [F3, 16A] or 19 if the provisions of that section are satisfied.

Textual Amendments

Commencement Information

I17S. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Committal for sentence following indication of guilty pleaE+W
18Committal for sentence on indication of guilty plea to offence triable either way: adult offendersE+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

I18S. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19Committal for sentence on indication of guilty plea by child with related offencesE+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) [F4or 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) [F5or 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) [F6, 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.

Committal for sentence where offender committed in respect of another offenceE+W
20Committal in certain cases where offender committed in respect of another offenceE+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

I20S. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

I21S. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22Power of Crown Court on committal for sentence of person under 18 under section 16, [F716A,] 17 or 19E+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),

[F8(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) [F9, 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.

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

I23S. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further powers to commit to Crown Court for sentenceE+W
24Further powers to commit offender to the Crown Court to be dealt withE+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

I24S. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

25Power and duty to remit offenders aged under 18 to youth courts for sentenceE+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.

(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.

Commencement Information

I25S. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

26Remission by Crown Court to youth court: custody or bail, and appealsE+W

(1)This section applies where the Crown Court remits an offender to a youth court under section 25.

(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.

(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 as if convicted by that court.

Commencement Information

I26S. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

I27S. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

28Power of magistrates' court to remit case to another magistrates' court for sentenceE+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

I28S. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

29Remission by magistrates' court: adjournment, remand and appealE+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

I29S. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3E+WProcedure

CHAPTER 1E+WInformation and reports

Pre-sentence reportsE+W
30Pre-sentence report requirementsE+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

I30S. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

31Meaning of “pre-sentence report” etcE+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)

C1S. 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

I31S. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

32Disclosure of pre-sentence reportsE+W

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

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)

C2S. 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

I32S. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

33Appeals: requirements relating to pre-sentence reportsE+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

I33S. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Other reports of providers of probation services etcE+W
34Disclosure of other reportsE+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

I34S. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Financial circumstances ordersE+W
35Powers to order statement as to offender's financial circumstancesE+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

I35S. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

36Financial circumstances order: offencesE+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

I36S. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Other powers to obtain reports etcE+W
37Reports and information: other powers of courtE+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

I37S. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2E+W+SDerogatory assertion orders

38Derogatory assertion order and restriction on reporting of assertionsE+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

I38S. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

39Order in respect of certain assertionsE+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

I39S. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

40Reporting of assertions: offencesE+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

I40S. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

41Reporting of assertions: supplementaryE+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

I41S. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3E+WSurcharge

42Court's duty to order payment of surchargeE+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)

C3S. 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

I42S. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

43Amount of surchargeE+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

I43S. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 4E+WCriminal courts charge

44Criminal courts charge duty where court dealing with offender for offenceE+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

I44S. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

45Other occasions where criminal courts charge duty arisesE+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

I45S. 45 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

46Criminal courts charge dutyE+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

I46S. 46 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

47Court to disregard criminal courts charge duty in dealing with offenderE+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

I47S. 47 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

48Amount of criminal courts chargeE+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

I48S. 48 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

49Interest on criminal courts chargeE+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

I49S. 49 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

50Power of magistrates' court to remit criminal courts chargeE+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

I50S. 50 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

51Regulations under ChapterE+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

I51S. 51 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 5E+WDuties to explain or give reasons

52Duty to give reasons for and to explain effect of sentenceE+W

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

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

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

(a)the effect of the sentence,

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

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

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

(4)Criminal Procedure Rules may—

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

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

(5)Subsections (6) to (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

I52S. 52 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

I53S. 53 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

54Duty to give reasons where reparation order not madeE+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

I54S. 54 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

55Duty to give reasons where compensation order not madeE+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

I55S. 55 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

56Other duties of court to give reasons where certain orders not madeE+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 reasonsType of orderType of offence
Criminal Justice and Police Act 2001
section 33(2)(c)travel restriction order under section 33sentence 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 2relevant offence within the meaning of that Part
Prevention of Social Housing Fraud Act 2013
section 4(4)unlawful profit order under section 4offence under section 1 or 2
Modern Slavery Act 2015
section 8(7)(b)slavery and trafficking reparation orderoffence 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

I56S. 56 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4E+WExercise of court's discretion

CHAPTER 1E+WPurposes of sentencing

57Purposes of sentencing: adultsE+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

I57S. 57 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

58Offenders aged under 18: considerations of court not affected by CodeE+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

I58S. 58 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2E+WSentencing guidelines

59Sentencing guidelines: general duty of courtE+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);

(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.

Commencement Information

I59S. 59 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

60Sentencing guidelines: determination of sentenceE+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

I60S. 60 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

61Sentencing guidelines: extended sentences and life sentencesE+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.

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 the notional determinate term in respect of the offence for the purpose of determining the order to be made under section 323 (minimum term order for non-fixed life sentence).

(7)For the purposes of subsection (6), the notional determinate term is the determinate sentence that would have been passed in respect of the offence if the court had not been required by the need to protect the public and the potential danger of the offender to impose a non-fixed life sentence.

(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.

Commencement Information

I61S. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

62Sentencing guidelines duties: interpretationE+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

I62S. 62 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3E+WSeriousness and determining sentence

GenerallyE+W
63Assessing seriousnessE+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

I63S. 63 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aggravating factorsE+W
64Offence committed on bailE+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)

C4S. 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

I64S. 64 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

65Previous convictionsE+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, [F10or]

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a previous conviction of a service offence (see subsection (5)), F12...

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(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 [F14(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

F10Word 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)

F11S. 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)

F12S. 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)

Commencement Information

I65S. 65 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

66HostilityE+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

I66S. 66 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

67Assaults on emergency workersE+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);

(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).

Commencement Information

I67S. 67 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

68Emergency workers for the purposes of section 67E+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

I68S. 68 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

69Terrorist connectionE+W

(1)This section applies where a court is considering the seriousness of an offence specified in Schedule 1 (offences where terrorist connection to be considered).

(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).

Modifications etc. (not altering text)

C5S. 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

I69S. 69 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

70Using minor to mind weaponE+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

I70S. 70 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

71Supply of controlled drug near school premises or involving childE+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

I71S. 71 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

72Supply of psychoactive substance in certain circumstancesE+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

I72S. 72 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mitigating factorsE+W
73Reduction in sentence for guilty pleaE+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.

(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 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 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).

Commencement Information

I73S. 73 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

74Reduction in sentence for assistance to prosecutionE+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.

(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).

Commencement Information

I74S. 74 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

75Specified prosecutorsE+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

I75S. 75 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Effect of Code on other powers of court in assessing seriousnessE+W
76Effect of Chapter on other powers of court to consider seriousnessE+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

I76S. 76 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

77Basis of opinion provisions not to affect power to mitigate sentencesE+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

I77S. 77 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

78Basis of opinion provisions: offenders suffering from a mental disorderE+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

I78S. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

THIRD GROUP OF PARTSU.K.Disposals

PART 5 E+W+SAbsolute and conditional discharge

79Order for absolute dischargeE+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

I79S. 79 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

80Order for conditional dischargeE+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);

(e)section 354(5) (breach of sexual harm prevention 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.

Commencement Information

I80S. 80 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

81Commission of further offence by person conditionally dischargedE+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

I81S. 81 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

82Effect of dischargeE+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)

Commencement Information

I82S. 82 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6E+WOrders relating to conduct

CHAPTER 1E+WReferral orders for offenders aged under 18

Making referral ordersE+W
83Referral orderE+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

I83S. 83 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

84Referral order: availabilityE+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

I84S. 84 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

85Duty and power to make referral orderE+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, F15...

F15(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(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

F15S. 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))

Commencement Information

I85S. 85 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

86Making of referral order: generalE+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

I86S. 86 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

87Referral order consecutive to earlier referral orderE+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

I87S. 87 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

88Making of referral order: connected offencesE+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

I88S. 88 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

89Making of referral order: effect on court's other sentencing powersE+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

I89S. 89 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

90Order requiring parents etc to attend meetingsE+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

I90S. 90 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth offender panelsE+W
91Establishment of youth offender panelsE+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

I91S. 91 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

92Attendance at panel meetings: offender and parent or guardianE+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

I92S. 92 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

93Failure of parent or guardian to comply with order under section 90E+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

I93S. 93 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

94Attendance at panel meetings: other personsE+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

I94S. 94 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth offender contractsE+W
95Duty of youth offending team to arrange initial meetings of panelE+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

I95S. 95 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

96Agreement of youth offender contract with offenderE+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

I96S. 96 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

97Duration of compliance periodE+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

I97S. 97 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

98Failure to agree youth offender contractE+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

I98S. 98 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

99Arranging progress meetingsE+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

I99S. 99 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

100Progress meetings: conductE+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

I100S. 100 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

101Final meetingE+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

I101S. 101 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Other powers to refer offender back to courtE+W
102Revocation of referral order where offender making good progress etcE+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

I102S. 102 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

103Extension of compliance periodE+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

I103S. 103 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further court proceedingsE+W
104Offender referred back to court or convicted while subject to referral orderE+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

I104S. 104 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

SupplementaryE+W
105Youth offender panel: change of residenceE+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

I105S. 105 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

106Functions of the specified youth offending teamE+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

I106S. 106 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

107Rules of courtE+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

I107S. 107 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

108Referral orders: interpretationE+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 Part (except that it does apply for the purposes of paragraph 13 of Schedule 4 (further proceedings)).

Commencement Information

I108S. 108 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2E+WReparation orders for offenders aged under 18

109Reparation orderE+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

I109S. 109 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

110Reparation order: availabilityE+W

(1)A reparation order is available to a court dealing with an offender for an offence where—

(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).

Commencement Information

I110S. 110 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

111Requirement to consider report before making a reparation orderE+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

I111S. 111 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

112Requirements to make reparation to be specified in orderE+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

I112S. 112 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

113Other provision to be specified in a reparation orderE+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

I113S. 113 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

114Making reparationE+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

I114S. 114 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

115Breach, revocation or amendment of reparation orderE+W

Schedule 5 makes provision about breach, revocation and amendment of reparation orders.

Commencement Information

I115S. 115 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

116Reparation orders: interpretationE+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

I116S. 116 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3E+WOther orders

117Orders under Street Offences Act 1959E+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

I117S. 117 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7E+WFinancial orders and orders relating to property

CHAPTER 1E+WFines

AvailabilityE+W
118Availability of fine: magistrates' courtE+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

I118S. 118 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

119Power of magistrates' court to fine where only imprisonment etc specifiedE+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

I119S. 119 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

120General power of Crown Court to fine offender convicted on indictmentE+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), 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 [F171 December 2020].

Textual Amendments

Commencement Information

I120S. 120 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

121Availability of fine: effect of other ordersE+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

I121S. 121 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Magistrates' courtE+W
122The standard scale of fines for summary offencesE+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 scaleAmount of fine
Offence committed on or after 11 April 1983 and before 1 October 1992Offence committed on or after 1 October 1992
1£25£200
2£50£500
3£200£1,000
4£500£2,500
5£1,000£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.

Modifications etc. (not altering text)

C8S. 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

I122S. 122 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

123Limit on fines imposed by magistrates' courts in respect of young offendersE+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

I123S. 123 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powersE+W
124Fixing of fine: duty of court to inquire into individual offender's circumstancesE+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

I124S. 124 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

125Exercise of court's powers to impose fine and fix amountE+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

I125S. 125 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

126Power to determine financial circumstances where offender is absent or fails to provide informationE+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

I126S. 126 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

127Remission of fines following determination under section 126E+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

I127S. 127 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Fines: paymentE+W
128Fine imposed on offender aged under 18: payment by parent or guardianE+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

I128S. 128 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

129Fine imposed on offender by Crown Court: duty to make term in default orderE+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 sumMaximum term
More thanNot more than
£2007 days
£200£50014 days
£500£1,00028 days
£1,000£2,50045 days
£2,500£5,0003 months
£5,000£10,0006 months
£10,000£20,00012 months
£20,000£50,00018 months
£50,000 £100,0002 years
£100,000 £250,0003 years
£250,000 £1,000,0005 years
£1,000,00010 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)

C9S. 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)

C10S. 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

I129S. 129 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

130Fine imposed by Crown Court: power to allow time for payment or payment by instalmentsE+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

I130S. 130 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

131Fine imposed by Crown Court: power to search offenderE+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

I131S. 131 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

132Enforcement of fines imposed on offenders by Crown CourtE+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

I132S. 132 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2E+WCompensation orders

Compensation ordersE+W
133Compensation orderE+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

I133S. 133 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making a compensation orderE+W
134Compensation order: availabilityE+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

I134S. 134 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

135Making a compensation orderE+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

I135S. 135 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Particular casesE+W
136Road accidentsE+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

I136S. 136 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

137Damage to property and clean-up costs resulting from certain offencesE+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 is to be made.

(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.

Commencement Information

I137S. 137 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

138Funeral expenses and bereavement: cases other than road accidentsE+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

I138S. 138 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Compensation orders made in respect of young offendersE+W
139Limit on compensation payable under compensation order of magistrates' court in case of young offenderE+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

I139S. 139 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

140Compensation order: order for payment by parent or guardianE+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

I140S. 140 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Compensation orders: supplementaryE+W
141Compensation orders: suspension of entitlement and appeals etcE+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)

C11S. 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)

C12Ss. 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

I141S. 141 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

142Limit on compensation payable under compensation order of magistrates' court: offences committed before 11 December 2013E+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 offenceMaximum 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)

C12Ss. 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

I142S. 142 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

143Review of compensation ordersE+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)

C12Ss. 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)

C13S. 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

I143S. 143 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

144Effect of compensation order on subsequent award of damages in civil proceedingsE+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)

C14S. 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

I144S. 144 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

145Compensation orders: interpretationE+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

I145S. 145 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Compensation etc under other ActsE+W
146Compensation etc under other ActsE+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 orderDescription of order
section 8 of the Modern Slavery Act 2015slavery 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 2013unlawful profit order on conviction of offence under section 1 or 2 of that Act or certain associated offences.

Commencement Information

I146S. 146 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 3E+WRestitution and restoration

147Restitution order where goods stolen or obtained by blackmail or fraudE+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

I147S. 147 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

148Restitution order: availabilityE+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

I148S. 148 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

149Making a restitution orderE+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

I149S. 149 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

150Restitution orders: supplementary provision about appealsE+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

I150S. 150 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

151Restitution orders: interpretation and applicationE+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

I151S. 151 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 4E+WForfeiture, deprivation of property etc

152Deprivation orderE+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

I152S. 152 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

153Deprivation order: availabilityE+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

I153S. 153 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

154Vehicle to be treated as used for purpose of certain offencesE+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

I154S. 154 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

155Exercise of power to make deprivation orderE+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

I155S. 155 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

156Deprivation order: property to be taken into possession of police or Secretary of StateE+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

I156S. 156 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

157Property to which a deprivation order applies: orders by magistrates' courtE+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

I157S. 157 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

158Regulations about unclaimed property to which deprivation order appliesE+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

I158S. 158 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

159Application of proceeds of property subject to deprivation orderE+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

I159S. 159 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

160Orders for forfeiture etc under other ActsE+W

(1)For circumstances in which the court may be required to order forfeiture of certain material, see—

Function of making orderDescription of order
section 4A(1) of the Dangerous Dogs Act 1991certain offences under that Act: contingent order for destruction of dog
section 25 or 29I of the Public Order Act 1986forfeiture 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 1964forfeiture 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 orderDescription of order
section 18 of the Cultural Property (Armed Conflicts) Act 2017offence under section 17 of that Act: forfeiture of unlawfully exported property
section 11 of the Modern Slavery Act 2015forfeiture 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 2006deprivation and destruction of animals and equipment on conviction of certain offences under that Act
section 23 of the Terrorism Act 2000forfeiture 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 specified in Schedule 1 to this Act which have a terrorist connection

section 120A of the Terrorism Act 2000supplementary 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 1997offences under sections 1 and 2 of that Act: forfeiture of knives and publications
sections 4 and 4A(4) of the Dangerous Dogs Act 1991order 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 1987offence under that Act: forfeiture or disposal of crossbow or any part
section 7 of the Forgery and Counterfeiting Act 1981order 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 1981forfeiture 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 1974offence under relevant statutory provisions (within the meaning of that Act): forfeiture of explosive article or substance
section 25C of the Immigration Act 1971forfeiture 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 1955forfeiture 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 1953offence under section 1(1) of that Act (carrying offensive weapon without reasonable excuse or lawful authority)
section 3 of the Incitement to Disaffection Act 1934power 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.

Modifications etc. (not altering text)

C15S. 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

I160S. 160 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

161Confiscation orders under other ActsE+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

I161S. 161 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+WDisqualification

CHAPTER 1E+WDriving disqualification

162Driving disqualification orderE+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

I162S. 162 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

163Driving disqualification: availability for any offenceE+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

I163S. 163 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

164Driving disqualification order: availability where vehicle used for purposes of crimeE+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

I164S. 164 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

165Disqualification periodE+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

I165S. 165 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

166Extension of disqualification where custodial sentence also imposedE+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—

SentenceLength of appropriate extension period
1a detention and training order under section 233 (offenders under 18: detention and training orders)half the term of the detention and training order
[F181A 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)]
2an 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)
3a sentence under section 265 (special custodial sentence for certain offenders of particular concern: adults aged 18 to 20)half the term imposed pursuant to section 265(2)(a) (the appropriate custodial term)
4an extended sentence of detention in a young offender institutiontwo-thirds of the term imposed pursuant to section 266(a) (the appropriate custodial term)
5a sentence under section 278 (special custodial sentence for certain offenders of particular concern: adults aged 21 and over)half the term imposed pursuant to section 278(2)(a) (the appropriate custodial term)
6an extended sentence of imprisonmenttwo-thirds of the term imposed pursuant to section 279(a) (the appropriate custodial term)
7a life sentence in relation to which a minimum term order is made under section 321(2)the term specified in the minimum term order
8any other casehalf the custodial sentence imposed.

(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, paragraph 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

Commencement Information

I166S. 166 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

167Effect of custodial sentence in other casesE+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

I167S. 167 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

168Requirement to produce licences where driving disqualification order madeE+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

I168S. 168 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

169Driving disqualification orders: interpretationE+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

I169S. 169 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

170Road Traffic Offenders Act 1988: further provision about driving disqualification etcE+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

I170S. 170 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2E+WDisqualification etc under other Acts

171Offences relating to animalsE+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.

Commencement Information

I171S. 171 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

172Company directorsE+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

I172S. 172 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9U.K.Community sentences

CHAPTER 1E+WYouth rehabilitation orders

What a youth rehabilitation order isE+W
173Youth rehabilitation orderE+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

I173S. 173 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

174Youth rehabilitation requirements tableE+W

The youth rehabilitation requirements table referred to in sections 173, 184 and 186 is—

RequirementPart of Schedule 6 relating to requirementRestrictions on availability
activity requirementPart 1
extended activity requirementPart 1section 185(1)
supervision requirementPart 2
unpaid work requirementPart 3section 185(2)
programme requirementPart 4
attendance centre requirementPart 5
prohibited activity requirementPart 6
curfew requirementPart 7
exclusion requirementPart 8
residence requirementPart 9
local authority residence requirementPart 10
fostering requirementPart 11section 175(2)(b), section 185(3)
mental health treatment requirementPart 12
drug treatment requirementPart 13
drug testing requirementPart 14
intoxicating substance treatment requirementPart 15
education requirementPart 16
electronic monitoring requirementPart 17section 185(4)

Commencement Information

I174S. 174 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

175Youth rehabilitation order with intensive supervision and surveillanceE+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, and

(c)a curfew requirement (and, accordingly, if so required by paragraph 19(3) of Schedule 6, an electronic monitoring requirement).

(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.

Commencement Information

I175S. 175 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

176Youth rehabilitation order with fosteringE+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

I176S. 176 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

AvailabilityE+W
177Youth rehabilitation order: availabilityE+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 (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).

Commencement Information

I177S. 177 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

178Youth rehabilitation order with intensive supervision and surveillance or fostering: availabilityE+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

I178S. 178 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to make youth rehabilitation orderE+W
179Exercise of power to make youth rehabilitation order: general considerationsE+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

I179S. 179 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

180Making youth rehabilitation order with intensive supervision and surveillance or fosteringE+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

I180S. 180 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

181Making youth rehabilitation order where offender subject to other orderE+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

I181S. 181 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

182Youth rehabilitation order: effect of remand in custodyE+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

I182S. 182 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

183Concurrent and consecutive ordersE+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

I183S. 183 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Available requirementsE+W
184Youth rehabilitation order: available requirementsE+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

I184S. 184 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

185Youth rehabilitation order: availability of particular requirementsE+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 requirement

(4)An electronic monitoring requirement is not available for a youth rehabilitation order unless the order imposes at least one other youth rehabilitation requirement.

Commencement Information

I185S. 185 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to impose particular requirementsE+W
186Youth rehabilitation order: exercise of power to impose particular requirementsE+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)

C16S. 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

I186S. 186 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making a youth rehabilitation order: contentsE+W
187Youth rehabilitation order to specify end dateE+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

I187S. 187 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

188Youth rehabilitation order to specify offender's home local justice areaE+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)

C17S. 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

I188S. 188 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

189Power for Crown Court to direct magistrates' court supervisionE+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

I189S. 189 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

190Provision of copies of youth rehabilitation order and related documentsE+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.

RequirementPerson to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligationThe 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 obligationThe 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 obligationThe person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirementThe 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 offenderThe person intended to be protected
A residence requirement requiring residence with an individualThe 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 institutionThe person in charge of the institution
A local authority residence requirementThe local authority specified under paragraph 24(3)(b) of Schedule 6
A mental health treatment requirementThe 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 requirementThe treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirementThe treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirementThe treatment director specified under paragraph 36(3)(b)(i) of Schedule 6
An education requirementThe relevant authority specified under paragraph 39(2)(a) of Schedule 6
An electronic monitoring requirementAny 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.

(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.

Modifications etc. (not altering text)

C18Ss. 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

I190S. 190 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Obligations of responsible officer and offenderE+W
191The responsible officerE+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 (2), (3) or (4).

(2)If the order imposes the following requirements, and no other youth rehabilitation requirements—

(a)an electronic monitoring requirement, and

(b)a curfew requirement or an exclusion requirement (or both),

the responsible officer is the person who under paragraph 42(1) of Schedule 6 is responsible for the electronic monitoring required by the order.

(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.

Modifications etc. (not altering text)

C18Ss. 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

I191S. 191 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

192Obligations of responsible officerE+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.

(3)But subsection (2) does not apply to a person who is a responsible officer by virtue of section 191(2) (person responsible for electronic monitoring).

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.

Modifications etc. (not altering text)

C18Ss. 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

I192S. 192 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

193Duty of offender to keep in touch with responsible officer etcE+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

I193S. 193 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

ReviewE+W
194Power to provide for court review of youth rehabilitation ordersE+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

I194S. 194 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach, revocation or amendment of orderE+W
195Breach, revocation or amendment of youth rehabilitation orderE+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

I195S. 195 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Transferring order to Northern IrelandE+W+N.I.
196Transfer of youth rehabilitation orders to Northern IrelandE+W+N.I.

Schedule 8 makes provision about the transfer of youth rehabilitation orders to Northern Ireland.

Commencement Information

I196S. 196 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth rehabilitation orders: supplementaryE+W
197Youth rehabilitation orders: interpretationE+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)

C19S. 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

I197S. 197 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

198When a youth rehabilitation order is in forceE+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)

C20S. 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

I198S. 198 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

199Youth rehabilitation orders: Isles of ScillyE+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

I199S. 199 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

CHAPTER 2E+WCommunity orders

What a community order isE+W
200Community orderE+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

I200S. 200 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

201Community order requirements tableE+W

The community order requirements table referred to in sections 200, 206 and 208 is—

RequirementPart of Schedule 9 relating to requirementRestrictions on availability
unpaid work requirementPart 1
rehabilitation activity requirementPart 2
programme requirementPart 3
prohibited activity requirementPart 4
curfew requirementPart 5
exclusion requirementPart 6
residence requirementPart 7
foreign travel prohibition requirementPart 8
mental health treatment requirementPart 9
drug rehabilitation requirementPart 10
alcohol treatment requirementPart 11
alcohol abstinence and monitoring requirementPart 12section 207(1) or (2)
attendance centre requirementPart 13section 207(3)
electronic compliance monitoring requirementPart 14section 207(4)
electronic whereabouts monitoring requirementPart 14

Commencement Information

I201S. 201 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

AvailabilityE+W
202Community order: availabilityE+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

I202S. 202 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

203Restriction on making both community order and suspended sentence orderE+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)

C21S. 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)

C22S. 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)

C23S. 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

I203S. 203 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to make community orderE+W
204Exercise of power to impose community order: general considerationsE+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

I204S. 204 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

205Community order: effect of remand in custodyE+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

I205S. 205 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Available requirementsE+W
206Community order: available requirementsE+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)

C24S. 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)

C25S. 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)

C26S. 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

I206S. 206 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

207Community order: availability of particular requirementsE+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 the offender is aged under 25 when convicted of the offence.

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.

Modifications etc. (not altering text)

C27S. 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)

C28S. 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)

C29S. 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

I207S. 207 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power to impose requirementsE+W
208Community order: exercise of power to impose particular requirementsE+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)

C30S. 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)

C31S. 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)

C32S. 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)

C33S. 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)

C34S. 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

I208S. 208 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making a community orderE+W
209Community order to specify end date etcE+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)

C35S. 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)

C36S. 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)

C37S. 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

I209S. 209 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

210Community order to specify offender's home local justice areaE+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)

C38S. 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)

C39S. 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)

C40S. 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

I210S. 210 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

211Power for Crown Court to direct magistrates' court supervisionE+W

Where the Crown Court makes a community order, it may include a direction that the order is to be subject to magistrates' court supervision.

Commencement Information

I211S. 211 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

212Provision of copies of community order and related documentsE+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 requirementThe 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 offenderThe person intended to be protected
A residence requirement relating to residence in an institutionThe person in charge of the institution
A mental health treatment requirementThe 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 requirementThe person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirementThe 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 requirementAny 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)

C41Ss. 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)

C42S. 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)

C43S. 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)

C44S. 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)

C45S. 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

I212S. 212 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Obligations of responsible officer and offenderE+W
213The responsible officerE+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.