Law

Sentencing Act 2020

United Kingdom · statute

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In force since 2026-10-26, 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: 501 provisions
  1. Title and introductory text
  2. 1 Overview
  3. 2 Application of Code
  4. 3 Deferment order
  5. 4 Availability of deferment order
  6. 5 Making a deferment order
  7. 6 Effect of deferment order
  8. 7 Restorative justice requirements
  9. 8 Deferment order: supervisor
  10. 9 Failure to comply with deferment requirement
  11. 10 Conviction of offence during period of deferment
  12. 11 Powers of court dealing with offender following deferment order
  13. 12 Saving for power to bind over and other powers to defer sentence
  14. 13 Deferment orders: interpretation
  15. 14 Committal for sentence on summary trial of offence triable either way: adults and corporations
  16. 15 Committal for sentence of dangerous adult offenders
  17. 16 Committal for sentence of young offenders on summary trial of certain serious offences
  18. 16A Committal for sentence of young offenders on summary trial of certain ... offences
  19. 17 Committal for sentence of dangerous young offenders
  20. 18 Committal for sentence on indication of guilty plea to offence triable either way: adult offenders
  21. 19 Committal for sentence on indication of guilty plea by child with related offences
  22. 20 Committal in certain cases where offender committed in respect of another offence
  23. 21 Power of Crown Court on committal for sentence of offender under section 14, 15 or 18
  24. 22 Power of Crown Court on committal for sentence of person under 18 under section 16, 16A, 17 or 19
  25. 23 Power of Crown Court on committal for sentence under section 20
  26. 24 Further powers to commit offender to the Crown Court to be dealt with
  27. 25 Power and duty to remit offenders aged under 18 to youth courts for sentence
  28. 25A Power to remit adult offenders to magistrates’ courts for sentence
  29. 26 Remission by Crown Court to youth court or other magistrates’ court: custody or bail, and appeals
  30. 27 Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence
  31. 28 Power of magistrates' court to remit case to another magistrates' court for sentence
  32. 29 Remission by magistrates' court: adjournment, remand and appeal
  33. 30 Pre-sentence report requirements
  34. 31 Meaning of “pre-sentence report” etc
  35. 32 Disclosure of pre-sentence reports
  36. 33 Appeals: requirements relating to pre-sentence reports
  37. 34 Disclosure of other reports
  38. 35 Powers to order statement as to offender's financial circumstances
  39. 36 Financial circumstances order: offences
  40. 37 Reports and information: other powers of court
  41. 38 Derogatory assertion order and restriction on reporting of assertions
  42. 39 Order in respect of certain assertions
  43. 40 Reporting of assertions: offences
  44. 41 Reporting of assertions: supplementary
  45. 42 Court's duty to order payment of surcharge
  46. 43 Amount of surcharge
  47. 44 Criminal courts charge duty where court dealing with offender for offence
  48. 45 Other occasions where criminal courts charge duty arises
  49. 46 Criminal courts charge duty
  50. 47 Court to disregard criminal courts charge duty in dealing with offender
  51. 48 Amount of criminal courts charge
  52. 49 Interest on criminal courts charge
  53. 50 Power of magistrates' court to remit criminal courts charge
  54. 51 Regulations under Chapter
  55. 52 Duty to give reasons for and to explain effect of sentence
  56. 53 Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian
  57. 54 Duty to give reasons where reparation order not made
  58. 55 Duty to give reasons where compensation order not made
  59. 56 Other duties of court to give reasons where certain orders not made
  60. 56A Finding of domestic abuse
  61. 57 Purposes of sentencing: adults
  62. 58 Offenders aged under 18: considerations of court not affected by Code
  63. 59 Sentencing guidelines: general duty of court
  64. 60 Sentencing guidelines: determination of sentence
  65. 61 Sentencing guidelines: extended sentences , serious terrorism sentences and life sentences
  66. 62 Sentencing guidelines duties: interpretation
  67. 63 Assessing seriousness
  68. 64 Offence committed on bail
  69. 65 Previous convictions
  70. 66 Hostility
  71. 67 Assaults on emergency workers
  72. 68 Emergency workers for the purposes of section 67
  73. 68A Assaults on those providing a public service etc
  74. 69 Terrorist connection
  75. 69A Offences where foreign power or designated body condition met
  76. 70 Using minor to mind weapon
  77. 70A Sexual grooming of child
  78. 71 Supply of controlled drug near school premises or involving child
  79. 72 Supply of psychoactive substance in certain circumstances
  80. 73 Reduction in sentence for guilty plea
  81. 74 Reduction in sentence for assistance to prosecution
  82. 75 Specified prosecutors
  83. 76 Effect of Chapter on other powers of court to consider seriousness
  84. 77 Basis of opinion provisions not to affect power to mitigate sentences
  85. 78 Basis of opinion provisions: offenders suffering from a mental disorder
  86. 79 Order for absolute discharge
  87. 80 Order for conditional discharge
  88. 81 Commission of further offence by person conditionally discharged
  89. 82 Effect of discharge
  90. 83 Referral order
  91. 84 Referral order: availability
  92. 85 Duty and power to make referral order
  93. 86 Making of referral order: general
  94. 87 Referral order consecutive to earlier referral order
  95. 88 Making of referral order: connected offences
  96. 89 Making of referral order: effect on court's other sentencing powers
  97. 90 Order requiring parents etc to attend meetings
  98. 91 Establishment of youth offender panels
  99. 92 Attendance at panel meetings: offender and parent or guardian
  100. 93 Failure of parent or guardian to comply with order under section 90
  101. 94 Attendance at panel meetings: other persons
  102. 95 Duty of youth offending team to arrange initial meetings of panel
  103. 96 Agreement of youth offender contract with offender
  104. 97 Duration of compliance period
  105. 97A Duty of offender to notify details to panel
  106. 98 Failure to agree youth offender contract
  107. 99 Arranging progress meetings
  108. 100 Progress meetings: conduct
  109. 101 Final meeting
  110. 102 Revocation of referral order where offender making good progress etc
  111. 103 Extension of compliance period
  112. 104 Offender referred back to court or convicted while subject to referral order
  113. 105 Youth offender panel: change of residence
  114. 106 Functions of the specified youth offending team
  115. 107 Rules of court
  116. 108 Referral orders: interpretation
  117. 109 Reparation order
  118. 110 Reparation order: availability
  119. 111 Requirement to consider report before making a reparation order
  120. 112 Requirements to make reparation to be specified in order
  121. 113 Other provision to be specified in a reparation order
  122. 114 Making reparation
  123. 115 Breach, revocation or amendment of reparation order
  124. 116 Reparation orders: interpretation
  125. 117 Orders under Street Offences Act 1959
  126. 118 Availability of fine: magistrates' court
  127. 119 Power of magistrates' court to fine where only imprisonment etc specified
  128. 120 General power of Crown Court to fine offender convicted on indictment
  129. 121 Availability of fine: effect of other orders
  130. 122 The standard scale of fines for summary offences
  131. 123 Limit on fines imposed by magistrates' courts in respect of young offenders
  132. 124 Fixing of fine: duty of court to inquire into individual offender's circumstances
  133. 125 Exercise of court's powers to impose fine and fix amount
  134. 126 Power to determine financial circumstances where offender is absent or fails to provide information
  135. 127 Remission of fines following determination under section 126
  136. 128 Fine imposed on offender aged under 18: payment by parent or guardian
  137. 129 Fine imposed on offender by Crown Court: duty to make term in default order
  138. 130 Fine imposed by Crown Court: power to allow time for payment or payment by instalments
  139. 131 Fine imposed by Crown Court: power to search offender
  140. 132 Enforcement of fines imposed on offenders by Crown Court
  141. 133 Compensation order
  142. 134 Compensation order: availability
  143. 135 Making a compensation order
  144. 136 Road accidents
  145. 137 Damage to property and clean-up costs resulting from certain offences
  146. 138 Funeral expenses and bereavement: cases other than road accidents
  147. 139 Limit on compensation payable under compensation order of magistrates' court in case of young offender
  148. 140 Compensation order: order for payment by parent or guardian
  149. 141 Compensation orders: suspension of entitlement and appeals etc
  150. 142 Limit on compensation payable under compensation order of magistrates' court: offences committed before 11 December 2013
  151. 143 Review of compensation orders
  152. 144 Effect of compensation order on subsequent award of damages in civil proceedings
  153. 145 Compensation orders: interpretation
  154. 146 Compensation etc under other Acts
  155. 147 Restitution order where goods stolen or obtained by blackmail or fraud
  156. 148 Restitution order: availability
  157. 149 Making a restitution order
  158. 150 Restitution orders: supplementary provision about appeals
  159. 151 Restitution orders: interpretation and application
  160. 152 Deprivation order
  161. 153 Deprivation order: availability
  162. 154 Vehicle to be treated as used for purpose of certain offences
  163. 154A Purported intimate images to be treated as used for purpose of certain offences
  164. 155 Exercise of power to make deprivation order
  165. 156 Deprivation order: property to be taken into possession of police or Secretary of State
  166. 157 Property to which a deprivation order applies: orders by magistrates' court
  167. 158 Regulations about unclaimed property to which deprivation order applies
  168. 159 Application of proceeds of property subject to deprivation order
  169. 160 Orders for forfeiture etc under other Acts
  170. 161 Confiscation orders under other Acts
  171. 161A Income reduction order
  172. 161B Determining the amount payable under an income reduction order
  173. 161C Further provision about income reduction orders
  174. 161D Income reduction order: availability
  175. 161E Making an income reduction order
  176. 161F Variation or discharge of income reduction order
  177. 161G Income reduction orders: supplementary
  178. 162 Driving disqualification order
  179. 163 Driving disqualification: availability for any offence
  180. 164 Driving disqualification order: availability where vehicle used for purposes of crime
  181. 165 Disqualification period
  182. 166 Extension of disqualification where custodial sentence also imposed
  183. 167 Effect of custodial sentence in other cases
  184. 168 Requirement to produce licences where driving disqualification order made
  185. 169 Driving disqualification orders: interpretation
  186. 170 Road Traffic Offenders Act 1988: further provision about driving disqualification etc
  187. 171 Offences relating to animals
  188. 172 Company directors
  189. 173 Youth rehabilitation order
  190. 174 Youth rehabilitation requirements table
  191. 175 Youth rehabilitation order with intensive supervision and surveillance
  192. 176 Youth rehabilitation order with fostering
  193. 177 Youth rehabilitation order: availability
  194. 178 Youth rehabilitation order with intensive supervision and surveillance or fostering: availability
  195. 179 Exercise of power to make youth rehabilitation order: general considerations
  196. 180 Making youth rehabilitation order with intensive supervision and surveillance or fostering
  197. 181 Making youth rehabilitation order where offender subject to other order
  198. 182 Youth rehabilitation order: effect of remand in custody
  199. 183 Concurrent and consecutive orders
  200. 184 Youth rehabilitation order: available requirements
  201. 185 Youth rehabilitation order: availability of particular requirements
  202. 186 Youth rehabilitation order: exercise of power to impose particular requirements
  203. 187 Youth rehabilitation order to specify end date
  204. 188 Youth rehabilitation order to specify offender's home local justice area
  205. 189 Power for Crown Court to direct magistrates' court supervision
  206. 190 Provision of copies of youth rehabilitation order and related documents
  207. 191 The responsible officer
  208. 192 Obligations of responsible officer
  209. 193 Duty of offender to keep in touch with responsible officer etc
  210. 194 Power to provide for court review of youth rehabilitation orders
  211. 195 Breach, revocation or amendment of youth rehabilitation order
  212. 196 Transfer of youth rehabilitation orders to Northern Ireland
  213. 197 Youth rehabilitation orders: interpretation
  214. 198 When a youth rehabilitation order is in force
  215. 198A Electronic monitoring requirement previously imposed
  216. 199 Youth rehabilitation orders: Isles of Scilly
  217. 200 Community order
  218. 201 Community order requirements table
  219. 202 Community order: availability
  220. 203 Restriction on making both community order and suspended sentence order
  221. 204 Exercise of power to impose community order: general considerations
  222. 205 Community order: effect of remand in custody
  223. 206 Community order: available requirements
  224. 207 Community order: availability of particular requirements
  225. 208 Community order: exercise of power to impose particular requirements
  226. 209 Community order to specify end date etc
  227. 210 Community order to specify offender's home local justice area
  228. 211 Power for Crown Court to direct magistrates' court supervision
  229. 212 Provision of copies of community order and related documents
  230. 213 The responsible officer
  231. 214 Obligations of responsible officer
  232. 215 Duty of offender to keep in touch with responsible officer etc
  233. 216 Duty of offender to obtain permission before changing residence
  234. 217 Power to provide for court review of community orders
  235. 217A Review of community order qualifying for special procedures
  236. 217B Powers on review
  237. 217C Alteration of review arrangements
  238. 218 Breach, revocation , termination or amendment of community order
  239. 219 Transfer of community orders to Scotland or Northern Ireland
  240. 220 When a community order ceases to be in force
  241. 221 Overview of Part
  242. 222 Meaning of “custodial sentence”
  243. 223 Two year limit on imprisonment for statutory offence if no maximum specified
  244. 224 General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution
  245. 225 Restriction on consecutive sentences for released prisoners
  246. 226 Custodial sentence: restrictions in certain cases where offender not legally represented
  247. 227 Restriction on imposing imprisonment on persons under 21
  248. 228 Other restrictions on custodial sentence
  249. 229 Power of magistrates' court to imprison for less than specified term
  250. 230 Threshold for imposing discretionary custodial sentence
  251. 231 Length of discretionary custodial sentences: general provision
  252. 232 Additional requirements in case of offender suffering from mental disorder
  253. 233 Detention and training order
  254. 234 Detention and training order: availability
  255. 235 Exercise of power to make a detention and training order
  256. 236 Term of detention and training order
  257. 237 Making of order where offender subject to other order or sentence of detention
  258. 238 Offender subject to more than one order: maximum overall term
  259. 239 Period on remand etc: effect on term of detention and training order
  260. 240 Period of custody awaiting extradition: effect on term of detention and training order
  261. 241 The period of detention and training
  262. 242 The period of supervision
  263. 243 Breach of supervision requirement and further offences during order
  264. 244 Offender subject concurrently to detention and training order and sentence of detention in a young offender institution
  265. 245 Offender subject concurrently to detention and training order and other sentence of detention
  266. 246 Effect of detention and training order made where offender has reached 18
  267. 247 Further supervision after end of term of detention and training order
  268. 248 Detention and training orders: interpretation
  269. 249 Sentence of detention under section 250: availability
  270. 250 Sentence of detention: offender convicted of certain serious offences
  271. 251 Exercise of power to impose sentence of detention under section 250
  272. 252 Maximum sentence
  273. 252A Required special sentence of detention for certain offenders of particular concern
  274. 253 Sentence of detention passed on offender subject to detention and training order
  275. 254 Extended sentence for certain violent, sexual or terrorism offences
  276. 255 Extended sentence of detention: availability
  277. 256 Term of extended sentence of detention under section 254
  278. 257 Extended sentence under section 254 where offender subject to detention and training order
  279. 258 Required sentence of detention for life for offence carrying life sentence
  280. 258A Required sentence of detention for life for manslaughter of emergency worker
  281. 259 Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasure
  282. 260 Detention under section 250 , 252A or 259
  283. 261 Detention in pursuance of extended sentence
  284. 262 Detention in a young offender institution for offender at least 18 but under 21
  285. 263 Term of detention in a young offender institution
  286. 264 Suspended sentence order for offender under 21: availability
  287. 264A Presumption of suspended sentence order: offender under 21
  288. 265 Required special sentence for certain offenders of particular concern
  289. 266 Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences
  290. 267 Extended sentence of detention in a young offender institution: availability
  291. 268 Term of extended sentence of detention in a young offender institution
  292. 268A Serious terrorism sentence of detention in a young offender institution
  293. 268B Serious terrorism sentence of detention in a young offender institution: circumstances in which required
  294. 268C Term of serious terrorism sentence of detention in a young offender institution
  295. 269 Detention in a young offender institution: consecutive sentences
  296. 270 Sentence of detention in a young offender institution where offender subject to detention and training order
  297. 271 Detention in a young offender institution: place of detention
  298. 272 Offences other than murder
  299. 273 Custody for life for second listed offence
  300. 274 Required sentence of custody for life for offence carrying life sentence
  301. 274A Required sentence of custody for life for manslaughter of emergency worker
  302. 275 Duty to impose custody for life for offence of murder
  303. 276 Custody for life: place of detention
  304. 277 Suspended sentence order for person aged 21 or over: availability
  305. 277A Presumption of suspended sentence order: person aged 21 or over
  306. 278 Required special custodial sentence for certain offenders of particular concern
  307. 279 Extended sentence of imprisonment for certain violent, sexual or terrorism offences: persons 21 or over
  308. 280 Extended sentence of imprisonment: availability
  309. 281 Term of extended sentence of imprisonment
  310. 282 Extended sentences for offences committed before 4 April 2005
  311. 282A Serious terrorism sentence of imprisonment: persons 21 or over
  312. 282B Serious terrorism sentence of imprisonment: circumstances in which required
  313. 282C Term of serious terrorism sentence of imprisonment
  314. 283 Life sentence for second listed offence
  315. 284 Required life sentence where second offence committed before 4 April 2005
  316. 285 Required life sentence for offence carrying life sentence
  317. 285A Required life sentence for manslaughter of emergency worker
  318. 286 Suspended sentence order
  319. 287 Suspended sentence order: community requirements table
  320. 288 Operational period and supervision period
  321. 289 Suspended sentence to be treated generally as sentence of imprisonment etc
  322. 290 Suspended sentence order: available community requirements
  323. 291 Suspended sentence order: availability of particular requirements
  324. 292 Suspended sentence order: exercise of power to impose requirements
  325. 293 Power to provide for review of suspended sentence order
  326. 293A Review of suspended sentence order qualifying for special procedures
  327. 294 Review hearings: power to amend community requirements etc
  328. 295 Suspended sentence order: alteration of periodic review arrangements
  329. 296 Order to specify offender's home local justice area
  330. 297 Power to direct magistrates' court supervision of order
  331. 298 Provision of copies of order and related documents
  332. 299 Responsible officer
  333. 300 Obligations of responsible officer
  334. 301 Duty of offender to keep in touch with responsible officer etc
  335. 302 Duty to obtain permission before changing residence
  336. 303 Breach or amendment of suspended sentence order, and effect of further conviction
  337. 304 Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements
  338. 305 Suspended sentences: interpretation
  339. 306 Extended sentences: meaning of “specified offence” etc
  340. 307 Life sentences: meaning of “Schedule 19 offence”
  341. 308 The assessment of dangerousness
  342. 309 Appeals where previous convictions set aside or previous sentences modified
  343. 310 Certificates of conviction
  344. 311 Minimum sentence for certain offences involving firearms that are prohibited weapons
  345. 312 Minimum sentence for offences of threatening with weapon or bladed article
  346. 313 Minimum sentence of 7 years for third class A drug trafficking offence
  347. 314 Minimum sentence of 3 years for third domestic burglary
  348. 315 Minimum sentence for repeat offence involving weapon or bladed article or corrosive substance
  349. 316 Appeals where previous convictions set aside
  350. 317 Certificates of conviction for purposes of sections 313 and 314
  351. 318 Offences under service law
  352. 319 Mandatory sentence requirement not to affect power to impose fine
  353. 320 Determination of day when offence committed
  354. 321 Life sentence: minimum term order or whole life order
  355. 322 Mandatory life sentences: further provision
  356. 323 Minimum term order: other life sentences
  357. 324 Life sentences: interpretation
  358. 325 Time on bail under certain conditions: declaration by court
  359. 326 Section 325: interpretation
  360. 327 Period in custody awaiting extradition: declaration by court
  361. 328 Power of court to recommend licence conditions for adults sentenced to term of 12 months or more
  362. 329 Conversion of sentence of detention to sentence of imprisonment
  363. 330 Criminal behaviour order
  364. 331 Power to make criminal behaviour order
  365. 332 Proceedings on an application for an order
  366. 333 Requirements included in orders
  367. 334 Duration of order etc
  368. 335 Interim order
  369. 336 Variation or discharge of order
  370. 337 Review of orders: offenders aged under 18
  371. 338 Carrying out and participating in reviews
  372. 339 Breach of order
  373. 340 Special measures for witnesses
  374. 341 Guidance
  375. 342 Offender aged under 18: parenting order where criminal behaviour order made
  376. 342A Power to make serious violence reduction order
  377. 342B Meaning of “serious violence reduction order”
  378. 342C Serious violence reduction orders: additional requirements etc
  379. 342D Duration of serious violence reduction orders
  380. 342E Serious violence reduction orders: powers of constables
  381. 342F Retention and disposal of things seized under section 342E
  382. 342G Offences relating to a serious violence reduction order
  383. 342H Variation, renewal or discharge of serious violence reduction order
  384. 342I Appeal against serious violence reduction order etc
  385. 342J Guidance
  386. 342K Guidance: Parliamentary procedure
  387. 342L Serious violence reduction orders: interpretation
  388. 343 Sexual harm prevention order
  389. 344 Meaning of “sexual harm”
  390. 345 Sexual harm prevention order: availability on conviction
  391. 346 Exercise of power to make sexual harm prevention order
  392. 347 Sexual harm prevention orders: matters to be specified
  393. 347A Sexual harm prevention orders: requirements included in order etc.
  394. 348 Sexual harm prevention orders: prohibitions on foreign travel
  395. 349 Making of sexual harm prevention order: effect on other orders
  396. 350 Sexual harm prevention orders: variations, renewals and discharges
  397. 351 Variation , renewal or discharge of sexual harm prevention order by court in Northern Ireland
  398. 351A Variation, renewal or discharge of sexual harm prevention order by court in Scotland
  399. 352 Sexual harm prevention orders: notification requirements
  400. 353 Sexual harm prevention orders: appeals
  401. 354 Offence: breach of sexual harm prevention order
  402. 355 Parenting order where sexual harm prevention order made in case of offender aged under 18
  403. 356 Sexual harm prevention orders: supplementary
  404. 357 Disapplication of time limit for complaints
  405. 358 Sexual harm prevention orders: interpretation
  406. 358I Special measures for witnesses
  407. 359 Restraining order
  408. 360 Restraining order: availability
  409. 361 Procedure for varying or discharging restraining order
  410. 362 Evidence in proceedings relating to restraining orders
  411. 363 Offence of breaching restraining order
  412. 364 Restraining orders: meaning of “conduct” and “harassment”
  413. 365 Parenting order
  414. 366 Parenting order where offender is under 18
  415. 367 Report where court proposes both parenting order and referral order
  416. 368 Parenting order where parent or guardian of offender fails to attend meetings of youth offender panel
  417. 369 Parenting order in respect of certain offences under Education Act 1996
  418. 370 Parenting order: availability
  419. 371 Parenting order: references where local authority has parental responsibility
  420. 372 Making a parenting order
  421. 373 Directions by the responsible officer
  422. 374 Discharge and variation of parenting order
  423. 375 Offence of failure to comply with a requirement of a parenting order
  424. 376 Binding over of parent or guardian
  425. 377 Binding over of parent or guardian: appeals, variations and revocations
  426. 378 Other powers of the court to bind over to keep the peace
  427. 378A Domestic abuse protection orders
  428. 379 Other behaviour orders etc
  429. 380 Order for parent or guardian to pay fine, costs, compensation or surcharge
  430. 381 Costs awarded against offender under 18: payment by parent or guardian
  431. 382 Power to determine financial circumstances of offender's parent or guardian
  432. 383 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation
  433. 384 Commencement of sentence
  434. 385 Alteration of Crown Court sentence
  435. 386 Deportation recommendations
  436. 387 Failure by offender to provide agreed assistance: review of sentence
  437. 388 Review of sentence following subsequent agreement for assistance by offender
  438. 389 References under sections 387 and 388: appeals
  439. 390 Proceedings under section 387 or 388: exclusion of public
  440. 391 Proceedings under section 387 or 388: use of live link
  441. 392 Interpretation of Chapter
  442. 393 Power of magistrates' court to dispense with recognizance
  443. 394 Rules relating to community orders and suspended sentence orders etc
  444. 395 Data from electronic monitoring: code of practice
  445. 395A Community and suspended sentence orders qualifying for special procedures
  446. 396 Execution of process between England and Wales and Scotland
  447. 397 Interpretation: general
  448. 398 Ancillary and inchoate offences
  449. 399 Mandatory sentences
  450. 400 Meaning of “associated offence”
  451. 401 Meaning of “sentence”
  452. 402 Powers to re-sentence
  453. 403 References to “local authority”
  454. 404 References to parent or guardian of offender where local authority has parental responsibility
  455. 405 Age of the offender
  456. 406 Offender reaching 18 during proceedings
  457. 407 Regulations and rules
  458. 408 Amendments of the Sentencing Code etc
  459. 409 Powers to amend the Sentencing Code
  460. 410 Consequential amendments
  461. 411 Armed forces
  462. 412 Transitional provisions and savings
  463. 413 Repeals and revocations
  464. 414 Extent
  465. 415 Channel Islands, Isle of Man and British overseas territories
  466. 416 Commencement
  467. 417 Commencement of Schedule 22
  468. 418 Commencement of Schedule 26
  469. 419 Power to state effect of commencement provisions
  470. 420 Short title
  471. SCHEDULE A1 Offences where terrorist connection not required to be considered
  472. SCHEDULE 1 Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered
  473. SCHEDULE 2 Order for conditional discharge: commission of further offence
  474. SCHEDULE 3 Youth offender contract: programme of behaviour
  475. SCHEDULE 4 Referral order: further court proceedings
  476. SCHEDULE 5 Breach, revocation and amendment of reparation order
  477. SCHEDULE 6 Youth rehabilitation orders: requirements
  478. SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order
  479. SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland
  480. SCHEDULE 9 Community orders and suspended sentence orders: requirements
  481. SCHEDULE 10 Breach, revocation , termination or amendment of community order
  482. SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland
  483. SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences
  484. SCHEDULE 13 Special sentence for offenders of particular concern: offences
  485. SCHEDULE 14 Extended sentences: the earlier offence condition: offences
  486. SCHEDULE 15 Life sentence for second offence: listed offences
  487. SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction
  488. SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland
  489. SCHEDULE 17A Serious terrorism offences
  490. SCHEDULE 18 Specified offences for purposes of section 306
  491. SCHEDULE 19 Schedule 19 offences
  492. SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences
  493. SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc
  494. SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation
  495. SCHEDULE 23 Powers to amend the Sentencing Code
  496. SCHEDULE 24 Consequential amendments
  497. SCHEDULE 25 Amendments to the Armed Forces Act 2006
  498. SCHEDULE 26 Further amendments of the Armed Forces Act 2006
  499. SCHEDULE 27 Transitional provisions and savings
  500. SCHEDULE 28 Repeals and revocations
  501. SCHEDULE 29 Repeals and revocations for England and Wales

Proposed changes to this act

No one has proposed a change to this act yet.

501 provisions

74 Reduction in sentence for assistance to prosecution

(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. (4A) Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial term for serious terrorism sentences) affects the court's power under subsection (2) so far it relates to determining the appropriate custodial term. (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).

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75 Specified prosecutors

(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).

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76 Effect of Chapter on other powers of court to consider seriousness

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.

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77 Basis of opinion provisions not to affect power to mitigate sentences

(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).

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78 Basis of opinion provisions: offenders suffering from a mental disorder

(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.

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79 Order for absolute discharge

(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.

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80 Order for conditional discharge

(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); (ca) section I1(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (breach of respect order); (d) section 339(3) (breach of criminal behaviour order); (da) section 342G(4) (offences relating to a serious violence reduction order); (e) section 354(5) (breach of sexual harm prevention order); (f) section 39(6) of the Domestic Abuse Act 2021 (breach of domestic abuse protection 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.

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81 Commission of further offence by person conditionally discharged

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.

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82 Effect of discharge

(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.

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83 Referral order

(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.

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84 Referral order: availability

(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).

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85 Duty and power to make referral order

(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, ... (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.

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86 Making of referral order: general

(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).

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87 Referral order consecutive to earlier referral order

(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).

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88 Making of referral order: connected offences

(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.

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

(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.

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90 Order requiring parents etc to attend meetings

(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.

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91 Establishment of youth offender panels

(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).

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92 Attendance at panel meetings: offender and parent or guardian

(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.

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

(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).

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94 Attendance at panel meetings: other persons

(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.

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95 Duty of youth offending team to arrange initial meetings of panel

(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).

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96 Agreement of youth offender contract with offender

(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.

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97 Duration of compliance period

(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.

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97A Duty of offender to notify details to panel

(1) This section applies where— (a) a referral order has been made in relation to an offender and has not been revoked or discharged, and (b) a youth offender contract has taken effect between the offender and a youth offender panel. (2) The offender must notify the relevant member of the panel of— (a) each name which the offender uses but which was not mentioned in the referral order, and (b) each of the offender’s telephone numbers and email addresses (if any). (3) The offender must comply with subsection (2) in relation to a name, telephone number or email address as soon as reasonably practicable after the contract takes effect or the person first uses that name or obtains that telephone number or email address. (4) An obligation under subsection (2) takes effect as if it were a term of the youth offender contract. (5) The “relevant member” of the panel is the member of the panel who, in accordance with arrangements made by the panel, is for the time being responsible for receiving notifications under this section. (6) The relevant member of the panel must be someone who is also a member of the specified youth offending team. (7) The panel must give the offender written notification of the name and contact details of the relevant member of the panel. (8) This section applies in relation to referral orders made before (as well as those made after) this section comes into force.

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98 Failure to agree youth offender contract

(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).

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99 Arranging progress meetings

(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.

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100 Progress meetings: conduct

(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.

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101 Final meeting

(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.

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102 Revocation of referral order where offender making good progress etc

(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.

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103 Extension of compliance period

(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.

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104 Offender referred back to court or convicted while subject to referral order

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.

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105 Youth offender panel: change of residence

(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.

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106 Functions of the specified youth offending team

(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).

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107 Rules of court

(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.

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108 Referral orders: interpretation

(1) In this Chapter— “the appropriate court”, in relation to any referral of an offender back to court, means— 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; 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— the first meeting arranged under section 95(1), any further meeting held under section 98(2)(b), any progress meeting arranged under section 99, or 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 Chapter (except that it does apply for the purposes of paragraph 13 of Schedule 4 (further proceedings)).

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109 Reparation order

(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.

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110 Reparation order: availability

(1) A reparation order is available to a court dealing with an offender for an offence where— (za) the offender is convicted of the offence before the day on which section 162 of the Police, Crime, Sentencing and Courts Act 2022 comes into force, (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).

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111 Requirement to consider report before making a reparation order

(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.

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112 Requirements to make reparation to be specified in order

(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.

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