SECOND GROUP OF PARTS

Provisions applying to sentencing courts generally
PART 3

Procedure
CHAPTER 5

Duties to explain or give reasons

Duty to give reasons for and to explain effect of sentence
52
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.
S. 52 in force at 1.12.2020 by S.I. 2020/1236, reg. 2