The Criminal Procedure Rules 2014

Procedure if the court convicts

38.16.—(1) This rule applies where, in respect of any count in the indictment—

(a) the defendant pleads guilty; or

(b) the court convicts the defendant.

(2) The court may exercise its power—

(a) if the defendant is an individual—

(i) to require a pre-sentence report,

(ii) to request a medical report,

(iii) to require a statement of the defendant’s financial circumstances;

(b) if the defendant is a corporation, to require such information as the court directs about the defendant’s corporate structure and financial resources;

(c) to adjourn sentence pending—

(i) receipt of any such report, statement or information,

(ii) the verdict in a related case.

(3) The prosecutor must—

(a) summarise the prosecution case, if the sentencing court has not heard evidence;

(b) identify in writing any offence that the prosecutor proposes should be taken into consideration in sentencing;

(c) provide information relevant to sentence, including—

(i) any previous conviction of the defendant, and the circumstances where relevant,

(ii) any statement of the effect of the offence on the victim, the victim’s family or others; and

(d) identify any other matter relevant to sentence, including—

(i) the legislation applicable,

(ii) any sentencing guidelines, or guideline cases,

(iii) aggravating and mitigating features affecting the defendant’s culpability and the harm which the offence caused, was intended to cause or might forseeably have caused, and

(iv) the effect of such of the information listed in paragraph (2) as the court may need to take into account.

(4) Where the defendant pleads guilty, the court may give directions for determining the facts on the basis of which sentence must be passed if—

(a) the defendant wants to be sentenced on a basis agreed with the prosecutor; or

(b) in the absence of such agreement, the defendant wants to be sentenced on the basis of different facts to those disclosed by the prosecution case.

(5) Where the court has power to order the endorsement of the defendant’s driving licence, or power to order the disqualification of the defendant from holding or obtaining one—

(a) if other legislation so permits, a defendant who wants the court not to exercise that power must introduce the evidence or information on which the defendant relies;

(b) the prosecutor may introduce evidence; and

(c) the parties may make representations about that evidence or information.

(6) Before passing sentence—

(a) the court must give the defendant an opportunity to make representations and introduce evidence relevant to sentence;

(b) where the defendant is under 18, the court may give the defendant’s parents, guardian or other supporting adult, if present, such an opportunity as well; and

(c) if the court requires more information, it may exercise its power to adjourn the hearing.

(7) When the court has taken into account all the evidence, information and any report available, the court must—

(a) as a general rule, pass sentence at the earliest opportunity;

(b) when passing sentence—

(i) explain the reasons,

(ii) explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless the defendant is absent or the defendant’s ill-health or disorderly conduct makes such an explanation impracticable, and

(iii) give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and

(c) deal with confiscation, costs and any civil behaviour order.

(8) The general rule is subject to the court’s power to defer sentence for up to 6 months.

[Note. See sections 143, 158, 164, 172 and 174 of the Criminal Justice Act 2003(1).

Under sections 57D and 57E of the Crime and Disorder Act 1998(2), the court may require a defendant to attend a sentencing hearing by live link.

Under section 156 of the Criminal Justice Act 2003(3), the general rule (subject to exceptions) is that the court must obtain and consider a pre-sentence report—

(a) where it is considering a custodial sentence or a community sentence;

(b) where it thinks the defendant may pose a significant risk of causing serious harm to the public by further offending.

Under section 159 of the Criminal Justice Act 2003(4), where the court obtains a written pre-sentence report about a defendant who is under 18, it may direct that information in it must be withheld, if it would be likely to create a risk of significant harm to the defendant.

Rule 42.8 of these Rules applies to requests for medical reports.

Under section 162 of the Criminal Justice Act 2003(5), the court may require a defendant who is an individual to provide a statement of financial circumstances if the defendant is convicted.

Under section 20A of the Criminal Justice Act 1991(6), it is an offence for a defendant knowingly or recklessly to make a false or incomplete statement of financial circumstances, or to fail to provide such a statement, in response to a request by a court officer on behalf of the court.

The Sentencing Council may issue sentencing guidelines under section 120 of the Coroners and Justice Act 2009(7).

For the circumstances in which a court may (and in some cases must) order the endorsement of a defendant’s driving licence, or the disqualification of a defendant from holding or obtaining one, see sections 34, 35 and 44 of the Road Traffic Offenders Act 1988(8). Under that legislation, in some circumstances the court has discretion not to make such an order.

The evidence that may be introduced is subject to rules of evidence.

In addition to the specific powers to which this rule applies, the court has a general power to adjourn a trial: see rule 38.2.

Part 42 contains rules about sentencing procedure in special cases. Part 50 contains rules about civil behaviour orders after verdict. Parts 56 to 61 contain rules about confiscation and related orders. Part 76 contains rules about costs.

Under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000(9), if (among other things) the defendant consents, the court may defer sentence for up to 6 months, for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances.]

(1)

2003 c. 44; section 143 was amended by section 378 of, and paragraph 216 of Schedule 16 to the Armed Forces Act 2006 (c. 52). Section 158 was amended by section 64 of, and Part 4 of Schedule 5 to, the Children Act 2004 (c. 31), article 3 of, and paragraph 19 of Schedule 1 to, S.I. 2008/912 and section 12 of the Criminal Justice and Immigration Act 2008 (c. 4). Section 164 was amended by section 14 of the Domestic Violence, Crime and Victims Act 2004 (c. 28). Section 174 was substituted by section 64 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(2)

1998 c. 37; sections 57A to 57E were substituted for section 57 as originally enacted by section 45 of the Police and Justice Act 2006 (c. 48), and amended by sections 106, 109 and 178 of, and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25). Section 57A was further amended by paragraphs 36 and 39 of Schedule 12 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(3)

2003 c. 44; section 156 was amended by sections 6 and 149 of, and paragraphs 71 and 77 of Schedule 4 and Part 1 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4) and paragraphs 8 and 13 of Schedule 19, and paragraphs 20 and 22 of Schedule 21, to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(4)

2003 c. 44; section 159 was amended by section 208 of, and paragraphs 145 and 147 of Schedule 21 to, the Legal Services Act 2007 (c. 29).

(5)

2003 c. 44.

(6)

1991 c. 53; section 20A was inserted by section 168 of, and paragraph 43 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and amended by sections 95 and 109 of, and paragraph 350 of Schedule 8 to, the Courts Act 2003 (c. 39).

(7)

2009 c. 25.

(8)

1988 c. 53; section 34 was amended by section 29(1), (2) and (3) of the Road Traffic Act 1991 (c. 40), section 3(2) of the Aggravated Vehicle-Taking Act 1992 (c. 11), section 165(1) of, and paragraph 121 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), sections 56 and 107 of, and Schedule 8 to, the Police Reform Act 2002 (c. 30), section 25(2) of the Road Safety Act 2006 (c. 49), article 2(1)(b) of S.I. 2007/3480 and paragraphs 2 and 5 of Schedule 27 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). It is further amended by section 177(1) of, and paragraph 90 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25) and section 56 of, and paragraphs 9 and 12 of Schedule 22 to, the Crime and Courts Act 2013 (c. 22), with effect from a date to be appointed.

(9)

2000 c. 6; section 1 was substituted, together with sections 1A to 1D, for this section by section 278 of, and paragraph 1 of Schedule 23 to, the Criminal Justice Act 2003 (c. 44).