Law

Powers of Criminal Courts (Sentencing) Act 2000

United Kingdom · statute

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In force since 2024-05-24, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 164 provisions
  1. Title and introductory text
  2. 1ZA Undertakings to participate in restorative justice activities
  3. 1A Further provision about undertakings
  4. 1B Breach of undertakings
  5. 1C Conviction of offence during period of deferment
  6. 1D Deferment of sentence: supplementary
  7. 3 Committal for sentence on summary trial of offence triable either way.
  8. 3A Committal for sentence of dangerous adult offenders
  9. 3B Committal for sentence of young offenders on summary trial of certain serious offences
  10. 3C Committal for sentence of dangerous young offenders
  11. 4 Committal for sentence on indication of guilty plea to offence triable either way.
  12. 4A Committal for sentence on indication of guilty plea by child or young person with related offences
  13. 5 Power of Crown Court on committal for sentence under sections 3 and 4.Power of Crown Court on committal for sentence under sections 3, 3A and 4
  14. 5A Power of Crown Court on committal for sentence under sections 3B, 3C and 4A
  15. 6 Committal for sentence in certain cases where offender committed in respect of another offence.
  16. 7 Power of Crown Court on committal for sentence under section 6.
  17. 8 Power and duty to remit young offenders to youth courts for sentence.
  18. 9 Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence.
  19. 11 Remand by magistrates’ court for medical examination.
  20. 13 Commission of further offence by person conditionally discharged.
  21. 14 Effect of discharge.
  22. 15 Discharge: supplementary.
  23. 16 Duty and power to refer certain young offenders to youth offender panels.
  24. 17 The referral conditions.
  25. 18 Making of referral orders: general.
  26. 19 Making of referral orders: effect on court’s other sentencing powers.
  27. 20 Making of referral orders: attendance of parents etc.
  28. 21 Establishment of panels.
  29. 22 Attendance at panel meetings.
  30. 23 First meeting: agreement of contract with offender.
  31. 24 First meeting: duration of contract.
  32. 25 First meeting: failure to agree contract.
  33. 26 Progress meetings.
  34. 27 Final meeting.
  35. 27A Revocation of referral order where offender making good progress etc.
  36. 27B Extension of period for which young offender contract has effect
  37. 28 Offender or parent referred back to court: offender convicted while subject to referral order.
  38. 29 Functions of youth offending teams.
  39. 30 Regulations under Part III.
  40. 31 Rules of court.
  41. 33 Meaning of “youth community order” and “community sentence”
  42. 34 Community orders not available where sentence fixed by law etc.
  43. 35 Restrictions on imposing community sentences.
  44. 36 Procedural requirements for community sentences: pre-sentence reports etc.
  45. 36A Pre-sentence drug testing.
  46. 36B Electronic monitoring of requirements in youth community orders.
  47. 41 Community rehabilitation orders.
  48. 42 Additional requirements which may be included in community rehabilitation orders.
  49. 43 Breach, revocation and amendment of community rehabilitation orders.
  50. 44 Offenders residing in Scotland or Northern Ireland.
  51. 45 Community rehabilitation orders: supplementary.
  52. 46 Community punishment orders.
  53. 47 Obligations of person subject to community punishment order.
  54. 48 Breach, revocation and amendment of community punishment orders.
  55. 49 Offenders residing in Scotland or Northern Ireland.
  56. 50 Community punishment orders: supplementary.
  57. 51 Community punishment and rehabilitation orders.
  58. 52 Drug treatment and testing orders.
  59. 53 The treatment and testing requirements.
  60. 54 Provisions of order as to supervision and periodic review.
  61. 55 Periodic reviews.
  62. 56 Breach, revocation and amendment of drug treatment and testing orders.
  63. 57 Copies of orders.
  64. 58 Drug treatment and testing orders: supplementary.
  65. 58A Drug abstinence orders.
  66. 58B Drug abstinence orders: supplementary.
  67. 59 Curfew orders and community punishment orders for persistent petty offenders.
  68. 60 Attendance centre orders.
  69. 61 Breach, revocation and amendment of attendance centre orders.
  70. 62 Provision, regulation and management of attendance centres.
  71. 74 Requirements and provisions of reparation order, and obligations of person subject to it.
  72. 75 Breach, revocation and amendment of reparation orders.
  73. 76 Meaning of “custodial sentence”.
  74. 78 General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution.
  75. 79 General restrictions on imposing discretionary custodial sentences.
  76. 80 Length of discretionary custodial sentences: general provision.
  77. 81 Pre-sentence reports and other requirements.
  78. 82 Additional requirements in case of mentally disordered offender.
  79. 82A Determination of tariffs.
  80. 83 Restriction on imposing custodial sentences on persons not legally represented.
  81. 84 Restriction on consecutive sentences for released prisoners.
  82. 85 Sexual or violent offences: extension of certain custodial sentences for licence purposes.
  83. 86 Sexual offences committed before 30th September 1998.
  84. 90 Offenders who commit murder etc. when under 18: duty to detain at Her Majesty’s pleasure.
  85. 91 Offenders under 18 convicted of certain serious offences: power to detain for specified period.
  86. 92 Detention under sections 90 and 91: place of detention etc.
  87. 93 Duty to impose custody for life in certain cases where offender under 21.
  88. 94 Power to impose custody for life in certain other cases where offender at least 18 but under 21.
  89. 95 Custody for life: place of detention.
  90. 96 Detention in a young offender institution for other cases where offender at least 18 but under 21.
  91. 97 Term of detention in a young offender institution, and consecutive sentences.
  92. 98 Detention in a young offender institution: place of detention.
  93. 99 Conversion of sentence of detention to sentence of imprisonment
  94. 100 Offenders under 18: detention and training orders.
  95. 101 Term of order, consecutive terms and taking account of remands.
  96. 102 The period of detention and training.
  97. 103 The period of supervision.
  98. 104 Breach of supervision requirements.
  99. 104A Application of sections 103 to 105 in relation to orders under section 104(3)(aa)
  100. 104B Interaction of orders under section 104(3)(a) with other sentences
  101. 105 Offences during currency of order.
  102. 106 Interaction with sentences of detention in a young offender institution.
  103. 106A Interaction with sentences of detention
  104. 106B Further supervision after end of term of detention and training order
  105. 108 Detention of persons aged at least 18 but under 21 for default or contempt.
  106. 109 Life sentence for second serious offence.
  107. 111 Minimum of three years for third domestic burglary.
  108. 112 Appeals where previous convictions set aside.
  109. 113 Certificates of convictions for purposes of Chapter III.
  110. 114 Offences under service law.
  111. 116 Power to order return to prison etc. where offence committed during original sentence.
  112. 117 Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence.
  113. 118 Suspended sentences of imprisonment.
  114. 119 Power of court on conviction of further offence to deal with suspended sentence.
  115. 120 Court by which suspended sentence may be dealt with.
  116. 121 Procedure where court convicting of further offence does not deal with suspended sentence.
  117. 122 Suspended sentence supervision orders.
  118. 123 Breach of requirement of suspended sentence supervision order.
  119. 124 Suspended sentence supervision orders: revocation, amendment and cessation.
  120. 125 Suspended sentences: supplementary.
  121. 126 Powers to order statement as to offender’s financial circumstances.
  122. 127 General power of Crown Court to fine offender convicted on indictment.
  123. 128 Fixing of fines.
  124. 129 Remission of fines.
  125. 131 Limit on amount payable under compensation order of magistrates’ court in case of young offender.
  126. 132 Compensation orders: appeals etc.
  127. 133 Review of compensation orders.
  128. 134 Effect of compensation order on subsequent award of damages in civil proceedings.
  129. 135 Limit on fines imposed by magistrates’ courts in respect of young offenders.
  130. 136 Power to order statement as to financial circumstances of parent or guardian.
  131. 137 Power to order parent or guardian to pay fine, costs , compensation or surcharge.
  132. 139 Powers and duties of Crown Court in relation to ... forfeited recognizances.
  133. 140 Enforcement of ... recognizances forfeited by Crown Court.
  134. 141 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.
  135. 142 Power of Crown Court to order search of persons before it.
  136. 144 Property which is in possession of police by virtue of section 143.
  137. 145 Application of proceeds of forfeited property.
  138. 146 Driving disqualification for any offence.
  139. 147 Driving disqualification where vehicle used for purposes of crime.
  140. 147A Extension of disqualification where custodial sentence also imposed
  141. 147B Effect of custodial sentence in other cases
  142. 148 Restitution orders.
  143. 149 Restitution orders: supplementary.
  144. 151 Effect of previous convictions and of offending while on bail.
  145. 152 Reduction in sentences for guilty pleas.
  146. 153 Increase in sentences for racial or religious aggravation.
  147. 154 Commencement of Crown Court sentence.
  148. 155 Alteration of Crown Court sentence.
  149. 156 Disclosure of pre-sentence reports.
  150. 157 Other reports of officers of local probation boards and members of youth offending teams
  151. 158 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders.
  152. 159 Execution of process between England and Wales and Scotland.
  153. 160 Rules and orders.
  154. 161 Meaning of “associated offence”, “sexual offence”, “violent offence” and “protecting the public from serious harm”.
  155. 162 Meaning of “pre-sentence report”.
  156. 163 General definitions.
  157. 164 Further interpretive provisions.
  158. 165 Consequential amendments, transitory modifications, transitional provisions and repeals.
  159. 166 Short title.
  160. 167 Extent.
  161. 168 Commencement.
  162. SCHEDULE 5 Breach, revocation and amendment of attendance centre orders
  163. SCHEDULE 9 Consequential amendments
  164. SCHEDULE 11 Transitional provisions

Proposed changes to this act

No one has proposed a change to this act yet.

164 provisions

33 Meaning of “youth community order” and “community sentence”

(1) In this Act “youth community order” means any of the following orders— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) an attendance centre order; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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34 Community orders not available where sentence fixed by law etc.

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35 Restrictions on imposing community sentences.

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36 Procedural requirements for community sentences: pre-sentence reports etc.

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36A Pre-sentence drug testing.

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36B Electronic monitoring of requirements in youth community orders.

(1) Subject to subsections (2) and (3) below, a youth community order may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order. (2) A court shall not include in a youth community order a requirement under subsection (1) above unless the court— (a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and (b) is satisfied that the necessary provision can be made under those arrangements. (3) Where— (a) it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; but (b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring, the requirement shall not be included in the order without that person’s consent. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State. (6) The Secretary of State may make rules for regulating— (a) the electronic monitoring of compliance with requirements included in a youth community order; and (b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order. (7) In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated. In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) In the case of ..., a supervision order or an action plan order, the relevant area is the local justice area proposed to be specified in the order. (10) In the case of an attendance centre order, the relevant area is the local justice area in which the attendance centre proposed to be specified in the order is situated.

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41 Community rehabilitation orders.

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42 Additional requirements which may be included in community rehabilitation orders.

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43 Breach, revocation and amendment of community rehabilitation orders.

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44 Offenders residing in Scotland or Northern Ireland.

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45 Community rehabilitation orders: supplementary.

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46 Community punishment orders.

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47 Obligations of person subject to community punishment order.

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48 Breach, revocation and amendment of community punishment orders.

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49 Offenders residing in Scotland or Northern Ireland.

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50 Community punishment orders: supplementary.

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51 Community punishment and rehabilitation orders.

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52 Drug treatment and testing orders.

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53 The treatment and testing requirements.

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54 Provisions of order as to supervision and periodic review.

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55 Periodic reviews.

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56 Breach, revocation and amendment of drug treatment and testing orders.

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57 Copies of orders.

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58 Drug treatment and testing orders: supplementary.

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58A Drug abstinence orders.

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58B Drug abstinence orders: supplementary.

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59 Curfew orders and community punishment orders for persistent petty offenders.

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60 Attendance centre orders.

(1) Where— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a court would have power, but for section 227 of the Sentencing Code (restriction on imposing imprisonment on persons under 18), to commit a person aged under 21 to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone, ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the court may, if it has been notified by the Secretary of State that an attendance centre is available for the reception of persons of his description, order him to attend at such a centre, to be specified in the order, for such number of hours as may be so specified. (2) An order under subsection (1) above is in this Act referred to as an “attendance centre order”. (3) The aggregate number of hours for which an attendance centre order may require a person to attend at an attendance centre shall not be less than 12 except where— (a) he is aged under 14; and (b) the court is of the opinion that 12 hours would be excessive, having regard to his age or any other circumstances. (4) The aggregate number of hours shall not exceed 12 except where the court is of the opinion, having regard to all the circumstances, that 12 hours would be inadequate, and in that case— (a) shall not exceed 24 where the person is aged under 16; and (b) shall not exceed 36 where the person is aged 16 or 17. (5) A court may make an attendance centre order in respect of a person before a previous attendance centre order made in respect of him has ceased to have effect, and may determine the number of hours to be specified in the order without regard— (a) to the number specified in the previous order; or (b) to the fact that that order is still in effect. (6) An attendance centre order shall not be made unless the court is satisfied that the attendance centre to be specified in it is reasonably accessible to the person concerned, having regard to his age, the means of access available to him and any other circumstances. (7) The times at which a person is required to attend at an attendance centre shall, as far as practicable, be such as to avoid— (a) any conflict with his religious beliefs or with the requirements of any other youth community order to which he may be subject; and (b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment. (8) The first time at which the person is required to attend at an attendance centre shall be a time at which the centre is available for his attendance in accordance with the notification of the Secretary of State, and shall be specified in the order. (9) The subsequent times shall be fixed by the officer in charge of the centre, having regard to the person’s circumstances. (10) A person shall not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion. (11) Where a court makes an attendance centre order, the designated officer for the court shall— (a) deliver or send a copy of the order to the officer in charge of the attendance centre specified in it; and (b) deliver a copy of the order to the person in respect of whom it is made or serve a copy on that person in accordance with Criminal Procedure Rules. (12) Where a person (“the defaulter”) has been ordered to attend at an attendance centre in default of the payment of any sum of money— (a) on payment of the whole sum to any person authorised to receive it, the attendance centre order shall cease to have effect; (b) on payment of a part of the sum to any such person, the total number of hours for which the defaulter is required to attend at the centre shall be reduced proportionately, that is to say by such number of complete hours as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part bears to the whole sum.

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61 Breach, revocation and amendment of attendance centre orders.

Schedule 5 to this Act (which makes provision for dealing with failures to comply with attendance centre orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect.

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62 Provision, regulation and management of attendance centres.

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74 Requirements and provisions of reparation order, and obligations of person subject to it.

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75 Breach, revocation and amendment of reparation orders.

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76 Meaning of “custodial sentence”.

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78 General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution.

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79 General restrictions on imposing discretionary custodial sentences.

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80 Length of discretionary custodial sentences: general provision.

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81 Pre-sentence reports and other requirements.

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82 Additional requirements in case of mentally disordered offender.

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82A Determination of tariffs.

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83 Restriction on imposing custodial sentences on persons not legally represented.

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