(1) A deprivation order relating to any property to which subsection (2) applies is available to the court by or before which an offender is convicted of an offence.
(2) This subsection applies to property which—
(a) has been lawfully seized from the offender, or
(b) was in the offender's possession or under the offender's control when—
(i) the offender was apprehended for the offence, or
(ii) a summons in respect of it was issued,
if subsection (3) or (5) applies.
(3) This subsection applies if the court is satisfied that the property—
(a) has been used for the purpose of committing, or facilitating the commission of, any offence, or
(b) was intended by the offender to be used for that purpose.
(4) For the purposes of subsection (3), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—
(a) disposing of any property to which the offence relates, or
(b) avoiding apprehension or detection.
(5) This subsection applies if—
(a) the offence mentioned in subsection (1), or
(b) an offence which is taken into consideration by the court in determining the offender's sentence,
consists of unlawful possession of the property.
(6) Subsection (1) is subject to—
(a) any restriction on forfeiture in any enactment contained in an Act passed on or after 29 July 1988,
(b) section 33C(8) of the Environmental Protection Act 1990 (subsection (1) not to apply where section 33C of that Act provides for forfeiture of vehicles in connection with offence under that section), and
(c) paragraph 7 of Schedule 5 to the Wireless Telegraphy Act 2006 (subsection (1) not to apply where person convicted of offence under Part 2, 3 or 5 of that Act).
154 Vehicle to be treated as used for purpose of certain offences
(1) This section applies where a person commits an offence listed in subsection (2) by—
(a) driving, attempting to drive, or being in charge of, a vehicle,
(b) failing to comply with a requirement made under section 7 or 7A of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test or to give permission for such a test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive, or being in charge of, a vehicle, or
(c) failing, as the driver of a vehicle, to comply with subsection (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident).
(2) Those offences are—
(a) an offence under the Road Traffic Act 1988 which is punishable with imprisonment;
(b) an offence of manslaughter;
(c) an offence under section 35 of the Offences against the Person Act 1861 (wanton and furious driving).
(3) The vehicle is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).
154A Purported intimate images to be treated as used for purpose of certain offences
(1) Subsection (2) applies where a person commits an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).
(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).
(3) Subsection (4) applies where a person commits an offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).
(4) A purported intimate image which is connected with the offence, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).
(5) A purported intimate image is connected with an offence under section 66F of the Sexual Offences Act 2003 if —
(a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and
(b) it was in the offender’s possession, or under the offender’s control, as a result of that request.
(1) In considering whether to make a deprivation order in respect of any property, a court must have regard to—
(a) the value of the property, and
(b) the likely financial and other effects on the offender of making the order (taken together with any other order that the court contemplates making).
(2) Where a deprivation order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.
(3) For the effect of proceedings relating to confiscation orders on the court's powers under this section, see the following provisions of the Proceeds of Crime Act 2002—
(a) section 13(2) (where confiscation order is made);
(b) section 15A (where court sentences before confiscation proceedings).
156 Deprivation order: property to be taken into possession of police or Secretary of State
(1) Where the court makes a deprivation order in respect of an offender for an offence, this section applies to the property to which the order relates.
(2) If the court considers that the offence—
(a) related to immigration or asylum, or
(b) was committed for a purpose in connection with immigration or asylum,
it may order that the property is to be taken into the possession of the Secretary of State.
(3) Property that is taken into the possession of the Secretary of State by virtue of subsection (2) is to be treated for the purposes of section 26 of the UK Borders Act 2007 (disposal of property) as property that has come into the possession of the Secretary of State as mentioned in subsection (1)(b) of that section.
(4) Unless the court makes an order under subsection (2), the property is to be taken into the possession of the police (if it is not already in their possession).
157 Property to which a deprivation order applies: orders by magistrates' court
(1) This section applies where property to which a deprivation order relates is in the possession of the police by virtue of section 156(4).
(2) A magistrates' court may, on the application of a police officer or a claimant of the property—
(a) order the delivery of the property to the person appearing to the court to be its owner, or
(b) if its owner cannot be ascertained, make any other order about the property.
This is subject to subsection (3).
(3) If the application is made by a claimant of the property, the court may make an order under subsection (2) only if—
(a) the application is made before the end of the period of 6 months beginning with the day on which the deprivation order is made, and
(b) the claimant satisfies the court—
(i) that the claimant did not consent to the offender's possession of the property, or
(ii) if the deprivation order was made by virtue of section 153(3) (property used for purposes of offence), that the claimant did not know, and had no reason to suspect, that the property was likely to be used for a purpose mentioned in section 153(3).
(4) Any right of a person to take legal proceedings against a person in possession of property by virtue of an order under subsection (2)—
(a) ceases at the end of the 6 month period mentioned in subsection (3)(a), but
(b) is not otherwise affected by the order.
158 Regulations about unclaimed property to which deprivation order applies
(1) The property about which regulations under section 2 of the Police (Property) Act 1897 (disposal of unclaimed property in possession of the police) may be made includes property which is in the possession of the police by virtue of section 156(4) and in respect of which—
(a) no application under section 157 was made by a claimant of the property during the 6 month period mentioned in subsection (3)(a) of that section, or
(b) no such application has succeeded.
(2) Where section 2 of the Police (Property) Act 1897 applies by virtue of this section the restrictions in subsections (2A)(a) and (3) of that section (restrictions about dealing with property within a year) do not apply.
(3) Regulations made by virtue of this section may not provide for the local policing body to become the owner of property which is the subject of an order under section 159 (court order as to application of property subject to deprivation order).
159 Application of proceeds of property subject to deprivation order
(1) This section applies where a court makes a deprivation order in respect of any property and—
(a) the offence was one which resulted in a person suffering personal injury, loss or damage, or
(b) any such offence is taken into consideration by the court in determining sentence.
(2) The court may also make an order that any proceeds which—
(a) arise out of the disposal of the property, and
(b) do not exceed a sum specified by the court,
are to be paid to the person.
(3) The court may make an order under this section only if it is satisfied that, but for the inadequacy of the offender's means, it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the amount specified under subsection (2)(b).
(4) An order under this section has no effect—
(a) before the end of the 6 month period mentioned in section 157(3)(a), or
(b) if a successful application under—
(i) section 157, or
(ii) section 1(1) of the Police (Property) Act 1897,
has been made.
(1) For circumstances in which the court may be required to order forfeiture of certain material, see—
Function of making order | Description of order
section 4A(1) of the Dangerous Dogs Act 1991 | certain offences under that Act: contingent order for destruction of dog
section 25 or 29I of the Public Order Act 1986 | forfeiture of written material or recordings to which certain offences under Part 3 or 3A of that Act apply (racial or religious hatred or hatred on grounds of sexual orientation)
section 1(4) of the Obscene Publications Act 1964 | forfeiture of articles seized under section 3 of the Obscene Publications Act 1959 where person convicted under section 2 of that Act.
(2) For provision about other forfeiture orders and deprivation orders etc that are available to courts dealing with offenders for particular offences, see—
Power to make order | Description of order
section 18 of the Cultural Property (Armed Conflicts) Act 2017 | offence under section 17 of that Act: forfeiture of unlawfully exported property
section 11 of the Modern Slavery Act 2015 | forfeiture of vehicle, ship or aircraft on conviction of offence under section 2 of that Act (human trafficking)
sections 7 and 11A of the Terrorism Act 2006 | forfeiture of certain things in offender's possession for purposes of offence under— section 6 of that Act (training for terrorism), or section 9 or 10 of that Act (misuse of or threats connected with radioactive device or material)
sections 33, 35, 37, 38 and 40 of the Animal Welfare Act 2006 | deprivation and destruction of animals and equipment on conviction of certain offences under that Act
section 23 of the Terrorism Act 2000 | forfeiture of money and property on conviction of certain offences under that Act (terrorist property offences)
section 23A of the Terrorism Act 2000 | forfeiture of money and property on conviction of— certain offences under that Act or the Terrorism Act 2006, or offences ... which have a terrorist connection
section 120A of the Terrorism Act 2000 | supplementary power to forfeit items on conviction of certain offences under that Act (weapons training and possessing things and collecting information for the purposes of terrorism)
section 6 of the Knives Act 1997 | offences under sections 1 and 2 of that Act: forfeiture of knives and publications
sections 4 and 4A(4) of the Dangerous Dogs Act 1991 | order for destruction of dog, or contingent destruction order, on conviction of certain offences under that Act
section 33C of the Environmental Protection Act 1990 | deprivation of rights in vehicle used for certain offences under— section 33 of that Act, or the Environmental Permitting Regulations consisting of the disposal or deposit of waste
section 6 of the Crossbows Act 1987 | offence under that Act: forfeiture or disposal of crossbow or any part
section 7 of the Forgery and Counterfeiting Act 1981 | order for forfeiture of objects relating to offences under Part 1 of that Act (forgery and kindred offences)
section 24(3) of the Forgery and Counterfeiting Act 1981 | forfeiture of anything related to an offence under section 19 of that Act (reproducing British currency notes or making imitation British coins)
section 42(3) of the Health and Safety at Work etc Act 1974 | offence under relevant statutory provisions (within the meaning of that Act): forfeiture of explosive article or substance
section 25C of the Immigration Act 1971 | forfeiture of ship, vehicle or aircraft connected with offence under section 25, 25A or 25B of that Act (assisting unlawful immigration to member State or entry to the UK in certain circumstances)
section 27 of the Misuse of Drugs Act 1971 | forfeiture order in case of certain offences under— that Act, or certain provisions of the Proceeds of Crime Act 2002
section 52 of the Firearms Act 1968 | forfeiture and disposal of firearm in certain cases including— offences under that Act, offence for which custodial sentence is imposed, certain offences under the Violent Crime Reduction Act 2006, and other circumstances where conditions are imposed on offender with respect to firearms
section 3 of the Children and Young Persons (Harmful Publications) Act 1955 | forfeiture of copies of work to which the Act applies and other articles on conviction under section 2 of that Act
section 1(2) of the Prevention of Crime Act 1953 | offence under section 1(1) of that Act (carrying offensive weapon without reasonable excuse or lawful authority)
section 3 of the Incitement to Disaffection Act 1934 | power to order destruction etc of documents connected with offence under that Act.
(3) Nothing in this section is to be taken to affect—
(a) the power of a court to make an order under this Chapter,
(b) any function of a court of making an order mentioned in the table in subsection (1) or (2), or
(c) any other power or duty of a court to make an order for the forfeiture or destruction of any material.
For provision about confiscation orders, see—
(a) the Proceeds of Crime Act 2002, or
(b) in relation to an offence committed before 24 March 2003—
(i) the Drug Trafficking Act 1994;
(ii) Part 6 of the Criminal Justice Act 1988.
(1) In this Code “income reduction order” means an order under this Chapter that—
(a) is made in respect of an offender for an offence, and
(b) requires the offender, for the period in respect of which the order has effect, to pay such percentage of the offender’s excess monthly income as is determined by the court.
(2) For the purposes of subsection (1)(b), “the offender’s excess monthly income” means such of the offender’s monthly income as exceeds an amount specified in regulations made by the Secretary of State.
(3) For the purposes of subsection (2), “monthly income” means monthly income after deduction of such amounts as may be specified in the regulations.
(4) The regulations may make further provision about how the court is to determine the offender’s monthly income.
(5) The amount specified under subsection (2) must not be less than an amount equal to 170 times the hourly amount of the national minimum wage.
(6) For further provision about determining the percentage of the offender’s excess monthly income payable under an income reduction order, see section 161B.
(7) In this section “national minimum wage” means such single hourly rate as is for the time being specified in regulations under section 1(3) of the National Minimum Wage Act 1998.
161B Determining the amount payable under an income reduction order
(1) The Secretary of State must by regulations make provision about how the court is to determine the percentage of the offender’s excess monthly income payable under an income reduction order.
(2) Provision made by regulations under subsection (1) must secure that the percentage determined by the court does not exceed a specified percentage.
(3) The percentage specified by virtue of subsection (2) must not exceed twenty per cent.
(4) Provision made by virtue of subsection (1) may include provision for the percentage to depend on (among other things)—
(a) the offence or offences committed;
(b) how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine);
(c) the age of the offender.
(5) In this section, “specified” means specified in the regulations.
161C Further provision about income reduction orders
(1) The Secretary of State may by regulations make such further provision about income reduction orders as the Secretary of State considers appropriate.
(2) Regulations under subsection (1) may make provision about payments under an income reduction order including (among other things)—
(a) provision about the form and manner in which payments must or may be made;
(b) provision for payments to be made to a specified person, or a person of a specified description;
(c) provision about the date by which, or period within which, payments must be made;
(d) provision about interest on any unpaid amounts payable under an income reduction order.
(3) Regulations under subsection (1) may—
(a) make provision for monitoring compliance with income reduction orders;
(b) make provision for the enforcement of income reduction orders, including provision about the recovery of any unpaid amounts under an income reduction order;
(c) make provision about appeals.
(4) The provision that may be made by virtue of subsection (3)(a)and (b) includes—
(a) provision for a specified person, or a person of a specified description, to require the provision of documents or information;
(b) provision for a specified person, or a person of a specified description, to require the offender to attend at a place and answer questions.
(5) In this section, “specified” means specified in the regulations.
(1) An income reduction order is available to a court by or before which an offender is convicted of an offence where—
(a) the offence is committed on or after the date on which section 3 of the Sentencing Act 2026 comes fully into force,
(b) the offender is aged at least 18 when convicted of the offence,
(c) the court imposes a suspended sentence order in relation to—
(i) the offence, or
(ii) a combination of the offence and one or more offences associated with it, and
(d) when the sentence is imposed—
(i) the offender’s monthly income exceeds such amount as is specified in regulations under section 161A(2), or
(ii) it appears to the court that the offender’s monthly income will exceed that amount during the operational period of the suspended sentence order.
(2) The Secretary of State may, by regulations, make provision about circumstances in which a court may not make an income reduction order.
(3) Where an income reduction order is available, the court may make such an order whether or not it also deals with the offender for the offence in any other way.
(1) An income reduction order must specify—
(a) the percentage of the offender’s excess monthly income payable under the order,
(b) the period for which the order has effect,
(c) the date or dates by which payments under the order must be made, and
(d) the person to whom payments under the order must be made.
(2) The period for which the order has effect may not exceed the operational period of the suspended sentence order mentioned in section 161D(1)(c).
(3) In determining—
(a) whether to make an income reduction order against an offender, or
(b) the percentage of the offender’s excess monthly income payable under the order,
the court must have regard to the offender’s means, so far as they appear or are known to the court.
(4) Where the court considers—
(a) that it would be appropriate to impose both an income reduction order and one or more of—
(i) a compensation order,
(ii) an unlawful profit order, or
(iii) a slavery and trafficking reparation order, but
(b) that the offender has insufficient means to pay both the income reduction order and appropriate amounts under such of those orders as it would be appropriate to make,
the court must give preference to such of the orders in paragraph (a)(i)to (iii) as it would be appropriate to make (though it may impose an income reduction order as well).
(5) For the effect of proceedings in relation to confiscation orders on the court’s powers in relation to income reduction orders, see the following provisions of the Proceeds of Crime Act 2002—
(a) section 13 (where confiscation order has been made);
(b) section 15A (where court sentences before confiscation proceedings).
(6) In this section—
“the operational period” has the meaning given by section 288(2);
“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;
“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
161F Variation or discharge of income reduction order
(1) An income reduction order may be varied or discharged by the court that made it if, on an application by a person within subsection (2), it appears to the court, having regard to any change in the circumstances since the order was made, to be appropriate to do so.
(2) The persons are—
(a) the offender;
(b) an officer of a provider of probation services.
(3) The power to vary an order includes power to decrease the percentage of the offender’s excess monthly income payable under the order.
(4) But the court may not exercise the power in subsection (1) so as to increase the percentage payable under the order.
(1) In this Chapter—
“income” means income chargeable to income tax within the meaning of the Income Tax Acts;
“monthly income” has the meaning given by section 161A(3);
“the offender’s excess monthly income” has the meaning given by section 161A(2);
“primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
(2) The Secretary of State may by regulations amend the definition of “income” in subsection (1).
(3) Regulations under this Chapter may amend primary legislation.
(4) Regulations under this Chapter are subject to the affirmative resolution procedure.
In this Code “driving disqualification order” means an order made under this Chapter in respect of an offender that the offender is disqualified, for the period specified in the order, for holding or obtaining a driving licence.
163 Driving disqualification: availability for any offence
(1) A driving disqualification order is available to the court by or before which an offender is convicted of an offence if—
(a) the offence was committed on or after 1 January 1998, and
(b) the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court (and the notice has not been withdrawn).
(2) Where a driving disqualification order is available by virtue of this section, the court may make a driving disqualification order whether or not it also deals with the offender for the offence in any other way (including where the court makes a community order or a suspended sentence order which imposes a driving prohibition requirement)..
164 Driving disqualification order: availability where vehicle used for purposes of crime
(1) A driving disqualification order is available also where—
(a) an offender is convicted on indictment of an offence,
(b) the offence is punishable on indictment with imprisonment for a term of 2 years or more, and
(c) the Crown Court is satisfied that a motor vehicle was used (by the offender or by anyone else) for the purpose of committing, or facilitating the commission of, the offence.
(2) For the purposes of subsection (1), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—
(a) disposing of any property to which the offence relates, or
(b) avoiding apprehension or detection.
(3) A driving disqualification order is available to the court by or before which an offender is convicted of an offence also where—
(a) the offence is—
(i) common assault, or
(ii) any other offence involving an assault (including an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) related to, or incitement to commit, an offence),
(b) the offence was committed on or after 1 July 1992, and
(c) the court is satisfied that the assault was committed by driving a motor vehicle.
Where a court makes a driving disqualification order in respect of an offender for an offence, the disqualification period must be such period as the court considers appropriate.
166 Extension of disqualification where custodial sentence also imposed
(1) This section applies where a court—
(a) imposes a custodial sentence on an offender for an offence, and
(b) makes a driving disqualification order in respect of the offender for the same offence.
(2) But this section does not apply where the custodial sentence is—
(a) a suspended sentence, or
(b) a life sentence in relation to which the court makes a whole life order under section 321(3).
(3) The disqualification period must be—
(a) the discretionary disqualification period, and
(b) the appropriate extension period.
(4) The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.
(5) The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—
Sentence | Length of appropriate extension period
1 | a detention and training order under section 233 (offenders under 18: detention and training orders) | half the term of the detention and training order
1ZA | a sentence of detention under section 250 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender | half the term of the sentence of detention
1A | a sentence of detention under section 252A (special sentence of detention for certain offenders of particular concern) | two-thirds of the term imposed pursuant to section 252A(5) (the appropriate custodial term)
2 | an extended sentence of detention under section 254 (persons under 18) | two-thirds of the term imposed pursuant to section 254(a) (the appropriate custodial term)
3 | a sentence under section 265 (special custodial sentence for certain offenders of particular concern: adults aged 18 to 20) | two-thirds of the term imposed pursuant to section 265(2)(a) (the appropriate custodial term)
4 | an extended sentence of detention in a young offender institution | two-thirds of the term imposed pursuant to section 266(a) (the appropriate custodial term)
4A | a serious terrorism sentence of detention in a young offender institution | the term imposed pursuant to section 268C(2) (the appropriate custodial term)
5 | a sentence under section 278 (special custodial sentence for certain offenders of particular concern: adults aged 21 and over) | two-thirds of the term imposed pursuant to section 278(2)(a) (the appropriate custodial term)
6 | an extended sentence of imprisonment | two-thirds of the term imposed pursuant to section 279(a) (the appropriate custodial term)
6A | a serious terrorism sentence of imprisonment | the term imposed pursuant to section 282C(2) (the appropriate custodial term)
6B | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (4) or (5) of that section | two-thirds one-half of the sentence
6BA | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section | two-thirds of the sentence
6C | a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender | two-thirds of the sentence
7 | a life sentence in relation to which a minimum term order is made under section 321(2) | the term specified in the minimum term order
8 | any other case | half one-third of the custodial sentence imposed.
(5A) In the case of a sentence specified in entry 2, 4 or 6 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.
(6) Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.
(7) Where—
(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and
(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”),
the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, entry 8 specified the new proportion.
(7) Subsection (7A) applies where—
(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and
(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).
(7A) The Secretary of State may by regulations—
(a) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry 1ZA specified the new proportion;
(b) if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6B specified the new proportion;
(c) if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6BA specified the new proportion;
(d) if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 8 specified the new proportion.
(8) Regulations under subsection (7) (7A) are subject to the affirmative resolution procedure.
(9) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by subsection (7) (7A).
(1) This section applies where a court makes a driving disqualification order in respect of an offender for an offence, and—
(a) it imposes a custodial sentence (other than a suspended sentence) on the offender for another offence, or
(b) a custodial sentence previously imposed on the offender has not expired.
(2) In determining the disqualification period, the court must, so far as it is appropriate to do so, have regard to the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.
But the court may not take into account for this purpose any custodial sentence that it imposes on the offender for the offence.
(3) In this section, “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).
168 Requirement to produce licences where driving disqualification order made
A court which makes a driving disqualification order in respect of an offender must require the offender to produce any (and, if more than one, all) of the following held by the offender—
(a) a driving licence;
(b) a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988);
(c) a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988).
In this Chapter—
“disqualification period”, in relation to a driving disqualification order made in respect of an offender, means the period specified in the order as the period for which the offender is disqualified for holding or obtaining a driving licence;
“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.
170 Road Traffic Offenders Act 1988: further provision about driving disqualification etc
(1) Part 2 of the Road Traffic Offenders Act 1988 makes further provision about driving disqualification.
Provision applying to driving disqualification orders under this Chapter
(2) For provision about the effect of driving disqualification orders under this Chapter see in particular—
(a) section 37 (effect of order of disqualification);
(b) sections 39, 40 and 42 (suspension and removal of disqualification);
(c) section 43 (rule for determining end of period of disqualification).
Other orders under that Act available on conviction of certain offences
(3) For other orders available on conviction of certain road traffic offences see, in particular, the following provisions of that Act—
(a) section 34 (disqualification);
(b) section 35 (disqualification for repeated offences);
(c) section 36 (disqualification until test is passed);
(d) section 44 (endorsement of driving record).
(1) For orders relating to disqualification and licensing in the case of offences under the Animal Welfare Act 2006, see the following provisions of that Act—
(a) section 34 (disqualification);
(b) section 42 (orders with respect to licences).
(2) See section 4 of the Dangerous Dogs Act 1991 for orders relating to disqualification in the case of offences under that Act.
(3) See section 66 of the Police, Crime, Sentencing and Courts Act 2022 (disqualification order on conviction for certain offences involving dogs) for orders relating to disqualification in the case of offences involving dogs under that Act, the Night Poaching Act 1828 and the Game Act 1831.
See sections 2 and 5 of the Company Directors Disqualification Act 1986 (company director disqualification orders) for provision about orders available in relation to certain offences relating to companies, building societies and other bodies.
(1) In this Code, “youth rehabilitation order” means an order imposing one or more youth rehabilitation requirements.
(2) The youth rehabilitation requirements are listed in column 1 of the youth rehabilitation requirements table (see section 174).
(3) Provision about each requirement is made by the Part of Schedule 6 mentioned in the corresponding entry in column 2 of that table.
(1) The youth existing rehabilitation requirements table referred to in sections 173, 184 and 186 is—
Requirement | Part of Schedule 6 relating to requirement | Restrictions on availability
activity requirement | Part 1
extended activity requirement | Part 1 | section 185(1)
supervision requirement | Part 2
unpaid work requirement | Part 3 | section 185(2)
programme requirement | Part 4
attendance centre requirement | Part 5
prohibited activity requirement | Part 6
curfew requirement | Part 7
exclusion requirement | Part 8
residence requirement | Part 9
local authority residence requirement | Part 10
fostering requirement | Part 11 | section 175(2)(b), section 185(3)
mental health treatment requirement | Part 12
drug treatment requirement | Part 13
drug testing requirement | Part 14
intoxicating substance treatment requirement | Part 15
education requirement | Part 16
electronic monitoring requirement electronic compliance monitoring requirement | Part 17 | section 185(4)
electronic whereabouts monitoring requirement | Part 17 | section 185(5)
(2) See section 198A for provision about an electronic monitoring requirement imposed by a youth rehabilitation order made in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).
175 Youth rehabilitation order with intensive supervision and surveillance
(1) In this Code “youth rehabilitation order with intensive supervision and surveillance” means a youth rehabilitation order which imposes—
(a) an extended activity requirement (see paragraph 2 of Schedule 6),
(b) a supervision requirement, and
(c) a curfew requirement (and, accordingly, if so required by paragraph 19(3) of Schedule 6, an electronic monitoring requirement electronic compliance monitoring requirement), and
(d) in relation to an order made on or after the day on which paragraph 16 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, an electronic whereabouts monitoring requirement, unless paragraph 48 of Schedule 6 prevents such a requirement from being imposed.
(2) A youth rehabilitation order with intensive supervision and surveillance—
(a) may impose other youth rehabilitation requirements, but
(b) may not impose a fostering requirement.
(1) In this Code “youth rehabilitation order with fostering” means a youth rehabilitation order which imposes—
(a) a fostering requirement (see Part 11 of Schedule 6), and
(b) a supervision requirement.
(2) A youth rehabilitation order with fostering may also impose other requirements.
But this is subject to section 175(2) (fostering requirement not available with intensive supervision and surveillance).
(1) A youth rehabilitation order is available to a court by or before which an offender is convicted of an offence if the offender is aged under 18 at the time of the conviction.
(2) Subsection (1) is subject to—
(a) subsection (3), and
(b) section 37(8) of the Mental Health Act 1983 (youth rehabilitation order not to be made in combination with hospital order or guardianship order in respect of same offence).
(3) A youth rehabilitation order is not available if a mandatory sentence requirement applies in relation to the offence (see section 399)—
(a) because the sentence is fixed by law, or
(b) by virtue of—
(i) section 258 or 258A (required sentence of detention for life), or
(ii) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).
But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).
178 Youth rehabilitation order with intensive supervision and surveillance or fostering: availability
(1) A youth rehabilitation order which is—
(a) a youth rehabilitation order with intensive supervision and surveillance, or
(b) a youth rehabilitation order with fostering,
is available only in respect of an imprisonable offence.
(2) This is subject to paragraph 11(2) of Schedule 7 (powers of court in case of wilful and persistent failure to comply with youth rehabilitation order).
179 Exercise of power to make youth rehabilitation order: general considerations
(1) This section applies where a court is dealing with an offender for an offence and a youth rehabilitation order is available.
(2) The court must not make a youth rehabilitation order unless 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 serious enough to warrant the making of such an order.
(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and any associated offence or offences, including any aggravating or mitigating factors.
(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(5) The fact that, by virtue of subsection (2), the court may make a youth rehabilitation order does not require it to do so.
(6) Before making a youth rehabilitation order, the court must obtain and consider information about—
(a) the offender's family circumstances, and
(b) the likely effect of a youth rehabilitation order on those circumstances.
180 Making youth rehabilitation order with intensive supervision and surveillance or fostering
(1) This section applies where either of the following orders is available to a court dealing with an offender for an offence—
(a) a youth rehabilitation order with intensive supervision and surveillance;
(b) a youth rehabilitation order with fostering.
(2) The court must not make an order of either of those kinds unless it is of the opinion—
(a) that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, if such an order were not available, a custodial sentence—
(i) would be appropriate, or
(ii) where the offender is aged under 12 when convicted, would be appropriate if the offender were aged 12, and
(b) if the offender is aged under 15 when convicted, that the offender is a persistent offender.
(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
181 Making youth rehabilitation order where offender subject to other order
Offender subject to detention and training order
(1) Where a court makes a youth rehabilitation order in respect of an offender who is subject to a detention and training order, the court may order that the youth rehabilitation order is to take effect—
(a) when the period of supervision in respect of the detention and training order begins in accordance with section 242 (the period of supervision), or
(b) on the expiry of the detention and training order.
(2) For the purposes of subsection (1)—
(a) the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (detention and training orders made by service courts), and
(b) the reference to section 242 includes that provision as applied by section 213 of that Act.
(3) For those purposes, the references in subsections (1) and (2) to a detention and training order include an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (and references to section 242 include references to section 103 of that Act).
Offender subject to youth rehabilitation order or reparation order
(4) A court must not make a youth rehabilitation order in respect of an offender when—
(a) another youth rehabilitation order, or
(b) a reparation order,
is in force in respect of the offender, unless when it makes the order it revokes the earlier order.
(5) For the purposes of subsection (4)—
(a) the reference in paragraph (a) to another youth rehabilitation order includes an order under section 1 of the Criminal Justice and Immigration Act 2008, and
(b) the reference in paragraph (b) to a reparation order includes an order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000.
Court dealing with offender for offences including one of which the offender is convicted when aged 18
(6) A court may not make a youth rehabilitation order in respect of an offence if it makes a suspended sentence order for any other offence for which it deals with the offender.
182 Youth rehabilitation order: effect of remand in custody
(1) In determining the restrictions on liberty to be imposed by a youth rehabilitation order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—
(a) the offence, or
(b) any other offence the charge for which was founded on the same facts or evidence.
(2) For this purpose a person is remanded in custody if—
(a) remanded in or committed to custody by order of a court,
(b) remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or
(c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.
(1) This section applies where a court is dealing with an offender for two or more offences.
(2) If the court makes an order of any of the following kinds in respect of one of the offences—
(a) a youth rehabilitation order with intensive supervision and surveillance,
(b) a youth rehabilitation order with fostering, or
(c) any other youth rehabilitation order,
it may not make a youth rehabilitation order of another of those kinds in respect of the other offence, or any of the other offences.
(3) If the court makes—
(a) two or more youth rehabilitation orders with intensive supervision and surveillance, or
(b) two or more youth rehabilitation orders with fostering,
those orders must take effect at the same time (in accordance with section 198).
(4) Subsections (5) to (7) apply where the court includes requirements of the same kind in two or more youth rehabilitation orders.
(5) The court must direct, for each kind of requirement—
(a) whether the requirements are to be concurrent or consecutive, or
(b) if more than two requirements of that kind are imposed, which are to be concurrent and which consecutive.
(6) But the court may not direct that two or more fostering requirements are to be consecutive.
(7) Where the court directs that two or more requirements of the same kind are to be consecutive, the numbers of hours, days or months specified in relation to each of them—
(a) are to be aggregated, but
(b) in aggregate, must not exceed the maximum number which may be specified in relation to any one of them.
(8) For the purposes of subsections (4) to (7), requirements are of the same kind if they fall within the same Part of Schedule 6.
184 Youth rehabilitation order: available requirements
(1) Any youth rehabilitation requirement imposed by a youth rehabilitation order must be a requirement that is available to the court which makes the order.
(2) A youth rehabilitation requirement is available unless a provision mentioned in column 3 of the entry for that requirement in the youth rehabilitation requirements table (see section 174) provides otherwise.