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

153 Deprivation order: availability

(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).

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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).

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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.

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155 Exercise of power to make deprivation order

(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).

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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).

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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.

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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).

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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.

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160 Orders for forfeiture etc under other Acts

(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.

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161 Confiscation orders under other Acts

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.

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161A Income reduction order

(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.

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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.

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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.

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161D Income reduction order: availability

(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.

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161E Making an income reduction order

(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.

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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.

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161G Income reduction orders: supplementary

(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.

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162 Driving disqualification order

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.

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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)..

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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.

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165 Disqualification period

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.

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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).

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167 Effect of custodial sentence in other cases

(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)).

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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).

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169 Driving disqualification orders: interpretation

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.

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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).

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171 Offences relating to animals

(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.

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172 Company directors

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.

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173 Youth rehabilitation order

(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.

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174 Youth rehabilitation requirements 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).

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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.

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176 Youth rehabilitation order with fostering

(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).

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177 Youth rehabilitation order: availability

(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).

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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).

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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.

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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.

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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.

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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.

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183 Concurrent and consecutive orders

(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.

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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.

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