Search Legislation

Sentencing Act 2020

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: CHAPTER 5

 Help about opening options

Alternative versions:

Changes to legislation:

Sentencing Act 2020, CHAPTER 5 is up to date with all changes known to be in force on or before 30 September 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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

CHAPTER 5E+WBinding over

376Binding over of parent or guardianE+W

(1)This section applies where—

(a)a person aged under 18 is convicted of an offence, and

(b)a court is sentencing the offender for the offence.

(2)The court has the following powers—

(a)the court may, with the consent of the offender's parent or guardian, order the parent or guardian to enter into a recognizance to take proper care of the offender and exercise proper control over the offender, and

(b)if—

(i)the parent or guardian refuses consent, and

(ii)the court considers the refusal unreasonable,

the court may order the parent or guardian to pay a fine not exceeding £1,000.

(3)For the purposes of this section—

(a)taking “care” of a person includes giving the person protection and guidance, and

(b)control” includes discipline.

(4)If the offender is aged under 16 when sentenced, the court must—

(a)exercise its powers under subsection (2), if satisfied, having regard to the circumstances of the case, that doing so would be desirable in the interests of preventing the offender from committing further offences, or

(b)state in open court that it is not so satisfied, and why not.

(5)Subsections (2) and (4) are subject to section 37(8) of the Mental Health Act 1983 (order under this section not to be made where hospital or guardianship order is made) and to—

(a)section 89(4)(b), and

(b)paragraph 16(2) of Schedule 4,

(restrictions on the powers of a court making or extending a referral order).

(6)If the court makes a youth rehabilitation order, a recognizance under this section may include a provision that the offender's parent or guardian ensure that the offender complies with the requirements of that order.

(7)The period of a recognizance under this section—

(a)may not be more 3 years, and

(b)must end before the offender reaches the age of 18.

(8)A recognizance under this section may not be for an amount of more than £1,000.

(9)In fixing the amount of a recognizance under this section, the court must take into account, in particular, the means of the parent or guardian so far as they appear or are known to the court (whether doing so has the effect of increasing or reducing the amount).

(10)Section 120 of the Magistrates' Courts Act 1980 (forfeiture of recognizances) applies in relation to a recognizance under this section as it applies in relation to a recognizance to keep the peace.

(11)A fine imposed under subsection (2)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

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

Commencement Information

I1S. 376 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

377Binding over of parent or guardian: appeals, variations and revocationsE+W

(1)A parent or guardian may appeal to the Crown Court against an order under section 376 made by a magistrates' court.

(2)A parent or guardian may appeal to the Court of Appeal against an order under section 376 made by the Crown Court as if—

(a)the parent or guardian had been convicted on indictment, and

(b)the order were a sentence passed on the conviction of the parent or guardian.

(3)A court may vary or discharge an order made by it under section 376 if, on the application of the parent or guardian, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so.

Commencement Information

I2S. 377 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

378Other powers of the court to bind over to keep the peaceE+W

(1)For powers to bind over to keep the peace exercisable on conviction see, in particular—

(a)section 1 of the Justices of the Peace Act 1361;

(b)section 1(7) of the Justices of the Peace Act 1968.

(2)This section does not affect the exercise of those powers in other circumstances, or of other powers to bind over.

Commencement Information

I3S. 378 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources