Law

Sentencing Act 2020

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

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.

sha256 35afb49f3d62f08220112d4fc72161dea9291ff413fc60d7ee74a6f0e0545cbd

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

185 Youth rehabilitation order: availability of particular requirements

Extended activity requirement (1) An extended activity requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with intensive supervision and surveillance. Unpaid work requirement (2) An unpaid work requirement is not available for a youth rehabilitation order in respect of an offence unless the offender is aged 16 or 17 when convicted of the offence. Fostering requirement (3) A fostering requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with fostering. Electronic monitoring requirement requirements (4) An electronic monitoring requirement electronic compliance monitoring requirement is not available for a youth rehabilitation order unless the order imposes at least one other youth rehabilitation requirement. (5) An electronic whereabouts monitoring requirement is not available for a youth rehabilitation order in respect of an offence unless the offender was convicted of the offence on or after the day on which paragraph 6 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).

Propose a change

186 Youth rehabilitation order: exercise of power to impose particular requirements

(1) This section applies where a court makes a youth rehabilitation order in respect of an offence. Restrictions and obligations relating to imposing particular requirements (2) The power to impose a particular youth rehabilitation requirement is subject to the provisions of the Part of Schedule 6 relating to requirements of that kind (see column 2 of the table in section 174). Suitability (3) The particular youth rehabilitation requirement or combination of youth rehabilitation requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender. In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements). (4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular youth rehabilitation requirement or combination of youth rehabilitation requirements is suitable for the offender. (5) In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is the most suitable for the offender, the court may take into account any information about the offender which is before it. Restrictions on liberty to be commensurate with seriousness (6) The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of— (a) the offence, or (b) the combination of the offence and one or more offences associated with it. In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements). (7) In forming its opinion for the purposes of subsection (6), 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. (8) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion. (9) The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a youth rehabilitation order does not require the court to impose those restrictions. Compatibility with other requirements and other matters (10) If the order imposes two or more requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other. This is subject to sections 175 and 176 and paragraphs 19(3) and 21 of Schedule 6 (certain types of youth rehabilitation order to contain certain requirements). (11) The court must ensure, as far as practicable, that any requirement imposed by the order is such as to avoid— (a) any conflict with the offender's religious beliefs, (b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and (c) any conflict with the requirements of any other court order to which the offender may be subject, and satisfies any additional restrictions that the Secretary of State may specify in regulations. (12) Regulations under subsection (11) are subject to the negative resolution procedure.

Propose a change

187 Youth rehabilitation order to specify end date

(1) A youth rehabilitation order must specify a date (the “end date”) by which all the requirements in it must have been complied with. (2) The end date must be— (a) not more than 3 years, and (b) in the case of a youth rehabilitation order with intensive supervision and surveillance, not less than 6 months, after the date on which the order takes effect. (3) If a youth rehabilitation order imposes two or more different youth rehabilitation requirements— (a) the order may also specify, for each of the requirements, a date by which the requirement must have been complied with; (b) if it does so, the last of those dates must be the same as the end date.

Propose a change

188 Youth rehabilitation order to specify offender's home local justice area

(1) A youth rehabilitation order must specify which local justice area is the offender's home local justice area. (2) The area specified must be the local justice area in which the offender resides or will reside.

Propose a change

189 Power for Crown Court to direct magistrates' court supervision

(1) This section applies where the Crown Court makes a youth rehabilitation order otherwise than on appeal from a magistrates' court. (2) The Crown Court may include a direction that the order is to be subject to magistrates' court supervision. For the effect of such a direction, see Schedule 7 (breach, revocation or amendment of youth rehabilitation order).

Propose a change

190 Provision of copies of youth rehabilitation order and related documents

(1) This section applies when a court makes a youth rehabilitation order. (2) The court must forthwith provide copies of the order— (a) to the offender, (b) if the offender is aged under 14, to the offender's parent or guardian, (c) to a member of a youth offending team assigned to the court or to an officer who is acting at the court and is an officer of a provider of probation services, and (d) if the court does not act in the offender's home local justice area, to a provider of probation services operating in that area. (3) If the order imposes a requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement. Requirement | Person to whom copy of requirement is to be given An activity requirement which comprises or includes a specified place obligation | The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6 An activity requirement which comprises or includes a specified activities obligation | The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6 An activity requirement which comprises or includes a specified residential exercise obligation | The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6 An attendance centre requirement | The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6 An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected A residence requirement requiring residence with an individual | The individual specified under paragraph 22(2)(b) of Schedule 6 A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution | The person in charge of the institution A local authority residence requirement | The local authority specified under paragraph 24(3)(b) of Schedule 6 A mental health treatment requirement | The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph A drug treatment requirement | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 A drug testing requirement | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 An intoxicating substance treatment requirement | The treatment director specified under paragraph 36(3)(b)(i) of Schedule 6 An education requirement | The relevant authority specified under paragraph 39(2)(a) of Schedule 6 An electronic monitoring requirement An electronic compliance monitoring requirement | Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order. An electronic whereabouts monitoring requirement | Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order. (4) If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in the offender's home local justice area with— (a) a copy of the order, and (b) such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

Propose a change

191 The responsible officer

(1) For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means the person identified in subsection ... (3) or (4). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) If the only youth rehabilitation requirement imposed by the order is an attendance centre requirement, the responsible officer is the officer in charge of the attendance centre specified in the order. (4) In any other case the responsible officer is the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Chapter on the responsible officer. (5) In subsection (4) “qualifying officer”, means— (a) a member of a youth offending team established by a local authority specified in the order for the purposes of this section, or (b) an officer of a provider of probation services acting in the offender's home local justice area.

Propose a change

192 Obligations of responsible officer

(1) This section applies where a youth rehabilitation order is in force. Functions of the responsible officer (2) The responsible officer must— (a) make any arrangements that are necessary in connection with the requirements imposed by the order, (b) promote the offender's compliance with those requirements, and (c) where appropriate, take steps to enforce those requirements. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exercise of functions by responsible officer (4) In giving instructions to the offender in pursuance of the order, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid— (a) any conflict with the offender's religious beliefs, (b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and (c) any conflict with the requirements of any other court order to which the offender may be subject, and satisfies any additional restrictions that the Secretary of State may specify in regulations. (5) Regulations under subsection (4) are subject to the negative resolution procedure.

Propose a change

193 Duty of offender to keep in touch with responsible officer etc

(1) This section applies where a youth rehabilitation order is in force. (2) The offender— (a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and (b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the youth rehabilitation order, (ii) each of the offender’s telephone numbers and email addresses (if any), and (iii) any change of address. (2A) The offender must comply with subsection (2)(b)(i) and (ii) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address. (3) An obligation under subsection (2) is enforceable as if it were a youth rehabilitation requirement of the youth rehabilitation order. (4) This section applies in relation to youth rehabilitation orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.

Propose a change

194 Power to provide for court review of youth rehabilitation orders

(1) The Secretary of State may by regulations— (a) enable or require a court making a youth rehabilitation order to provide for the order to be reviewed periodically by that or another court, (b) enable a court to amend a youth rehabilitation order so as to include or remove a provision for review by a court, and (c) make provision as to the timing and conduct of reviews and as to the powers of the court on a review. (2) Regulations under this section may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders. (3) Regulations under this section may repeal or amend any provision of this Chapter. (4) Regulations under this section are subject to the affirmative resolution procedure.

Propose a change

195 Breach, revocation or amendment of youth rehabilitation order

Schedule 7 makes provision about— (a) failures to comply with the requirements of youth rehabilitation orders, and (b) revocation and amendment of youth rehabilitation orders.

Propose a change

196 Transfer of youth rehabilitation orders to Northern Ireland

Schedule 8 makes provision about the transfer of youth rehabilitation orders to Northern Ireland.

Propose a change

197 Youth rehabilitation orders: interpretation

In this Chapter, except where the contrary intention appears— “end date”, in relation to a youth rehabilitation order, means the date for the time being specified in the order under— section 187 (youth rehabilitation order to specify end date), paragraph 10(4) of Schedule 7 (power to substitute later end date on breach), or paragraph 18(1) of that Schedule (extension of order); “home local justice area”, in relation to a youth rehabilitation order, means the local justice area for the time being specified in the order under— section 188, or paragraph 15(2) of Schedule 7; “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, has the meaning given by section 191; “youth rehabilitation requirement” has the meaning given by section 173.

Propose a change

198 When a youth rehabilitation order is in force

(1) A youth rehabilitation order takes effect at the beginning of the day on which it is made. (2) But a court making a youth rehabilitation order may order that it is to take effect instead on a later date (and see, in particular, section 181(1)). (3) A youth rehabilitation order is in force for the period— (a) beginning when it takes effect, and (b) ending— (i) with the end date, or (ii) if later, when the offender has completed any unpaid work requirement imposed by the order. (4) But a youth rehabilitation order ceases to be in force when it is revoked. (5) An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.

Propose a change

198A Electronic monitoring requirement previously imposed

(1) This section applies where an electronic monitoring requirement was imposed by a youth rehabilitation order 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). (2) In this section “electronic monitoring requirement” has the meaning given by paragraph 41 of Schedule 6 as it had effect before the day mentioned in subsection (1). (3) The electronic monitoring requirement is not affected by the renaming of electronic monitoring requirements as electronic compliance monitoring requirements by that Act. (4) This Chapter applies in relation to the youth rehabilitation order as if any reference to an electronic compliance monitoring requirement were to an electronic monitoring requirement.

Propose a change

199 Youth rehabilitation orders: Isles of Scilly

(1) This Chapter has effect in relation to the Isles of Scilly with such exceptions, adaptations and modifications as the Secretary of State may by regulations specify. (2) Regulations under this section are subject to the negative resolution procedure.

Propose a change

200 Community order

(1) In this Code “community order” means an order imposing one or more community order requirements. (2) The community order requirements are listed in column 1 of the community order requirements table (see section 201). (3) Provision about each requirement is made by the Part of Schedule 9 mentioned in the corresponding entry in column 2 of that table.

Propose a change

201 Community order requirements table

The community order requirements table referred to in sections 200, 206 and 208 is— Requirement | Part of Schedule 9 relating to requirement | Restrictions on availability unpaid work requirement | Part 1 probation requirement | Part 2 programme requirement | Part 3 prohibited activity requirement | Part 4 driving prohibition requirement | Part 4A | section 207(A1) public event attendance prohibition requirement | Part 4B | section 207(B1) drinking establishment entry prohibition requirement | Part 4C | section 207(C1) curfew requirement | Part 5 exclusion requirement | Part 6 residence requirement | Part 7 foreign travel prohibition requirement | Part 8 mental health treatment requirement | Part 9 drug rehabilitation requirement | Part 10 drug testing requirement | Part 10A | section 207(3A) alcohol treatment requirement | Part 11 alcohol abstinence and monitoring requirement | Part 12 | section 207(1) or (2) attendance centre requirement | Part 13 | section 207(3) electronic compliance monitoring requirement | Part 14 | section 207(4) electronic whereabouts monitoring requirement | Part 14

Propose a change

202 Community order: availability

(1) A community order is available to a court by or before which an offender is convicted of an offence if— (a) the offender is aged 18 or over when convicted, and (b) the offence is punishable with imprisonment by that court. (2) Subsection (1) is subject to— (a) subsection (3), (b) section 203 (restriction on making both community order and suspended sentence order), and (c) section 37(8) of the Mental Health Act 1983 (community order not to be made in combination with hospital order or guardianship order in respect of same offence). (3) A community order is not available in respect of an offence in relation to which a mandatory sentence requirement applies (see section 399). But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).

Propose a change

203 Restriction on making both community order and suspended sentence order

A court may not make a community order in respect of an offence if it makes a suspended sentence order in respect of— (a) the offence, (b) any other offence of which the offender is convicted by or before it, or (c) any other offence for which it deals with the offender.

Propose a change

204 Exercise of power to impose community order: general considerations

(1) This section applies where a community order is available. (2) The court must not make a community 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 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. (5) The fact that, by virtue of subsection (2), the court may make a community order does not require it to do so.

Propose a change

205 Community order: effect of remand in custody

(1) In determining the restrictions on liberty to be imposed by a community 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 (see subsection (3)), or (c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983. (3) The reference in subsection (2)(b) to being remanded to youth detention accommodation— (a) has the same meaning as in Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail): see, in particular, section 91 of that Act, but (b) also includes a reference to being remanded or committed before 3 December 2012 to local authority accommodation under section 23 of the Children and Young Persons Act 1969 and— (i) kept in secure accommodation (within the meaning of that section), or (ii) detained in a secure training centre pursuant to arrangements under subsection (7A) of that section.

Propose a change

206 Community order: available requirements

(1) A court may not make a community order which imposes a community order requirement that is not an available requirement. (2) A community order requirement is an available requirement unless a provision mentioned in column 3 of the entry for that requirement in the community order requirements table (see section 201) provides otherwise.

Propose a change

207 Community order: availability of particular requirements

Driving prohibition requirement (A1) A driving prohibition requirement is not an available requirement if the offence was committed before the day on which section 14(4)(a) of the Sentencing Act 2026 came into force. Public event attendance prohibition requirement (B1) A public event attendance prohibition requirement is not an available requirement if the offence was committed before the day on which section 15(3) of the Sentencing Act 2026 came into force. Drinking establishment entry prohibition requirement (C1) A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(3) of the Sentencing Act 2026 came into force. Alcohol abstinence and monitoring requirement (1) An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring). (2) An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under 25(7)(b) of that Schedule (prescribed alcohol level). Attendance centre requirement (3) An attendance centre requirement is not an available requirement unless — (a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) the offender was aged under 25 when convicted of the offence. Drug testing requirement (3A) A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force. Electronic compliance monitoring requirement (4) An electronic compliance monitoring requirement is not an available requirement in relation to a community order unless the community order imposes at least one other available requirement, other than— (a) an alcohol abstinence and monitoring requirement; (b) an electronic whereabouts monitoring requirement. Day on which offence committed (5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of this section to have been committed on the last of those days.

Propose a change

208 Community order: exercise of power to impose particular requirements

(1) This section applies where a court makes a community order in respect of an offence. Restrictions and obligations relating to imposing particular requirements (2) The power to impose a particular community order requirement is subject to the provisions of the Part of Schedule 9 relating to requirements of that kind (see column 2 of the table in section 201). Suitability of requirements (3) The particular community order requirement or community order requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender. This is subject to subsection (10). (4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular requirement or combination of requirements is suitable for the offender. (5) In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is most suitable for the offender, the court may take into account any information about the offender which is before it. Considerations of seriousness and punishment etc (6) The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of— (a) the offence, or (b) the combination of the offence and one or more offences associated with it. This is subject to subsection (10). (7) In forming its opinion for the purposes of subsection (6), 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. (8) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion. (9) The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a community order does not require the court to impose those restrictions. (10) The order must include at least one community order requirement imposed for the purpose of punishment. (11) Subsection (10) does not apply where— (a) the court also imposes a fine, or (b) there are exceptional circumstances relating to the offence or to the offender which— (i) would make it unjust in all the circumstances for the court to impose a requirement for the purpose of punishment in the particular case, and (ii) would make it unjust in all the circumstances for the court to impose a fine for the offence concerned. Compatibility with other matters (12) If the order imposes two or more different community order requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other. (13) The court must ensure, so far as practicable, that any community order requirement imposed by the order is such as to avoid— (a) any conflict with the offender's religious beliefs, (b) any conflict with the requirements of any other court order to which the offender may be subject, and (c) any interference with the times, if any, at which the offender normally— (i) works, or (ii) attends any educational establishment, and satisfies any additional restrictions that the Secretary of State may specify in regulations. (14) Regulations under subsection (13) are subject to the negative resolution procedure.

Propose a change

209 Community order to specify end date etc

(1) A community order must specify a date (the “end date”) by which all the requirements in it must have been complied with. (2) The end date must not be more than 3 years after the date of the order. (3) If a community order imposes two or more different community order requirements— (a) the order may also specify, for each of the requirements, a date by which the requirement must have been complied with; (b) if it does so, the last of those dates must be the same as the end date. (4) Section 220 sets out the effect of the end date.

Propose a change

210 Community order to specify offender's home local justice area

(1) A community order must specify which local justice area is the offender's home local justice area. (2) The area specified must be the local justice area in which the offender resides or will reside.

Propose a change

211 Power for Crown Court to direct magistrates' court supervision

(1) Where the Crown Court makes a community order, it may include a direction that the order is to be subject to magistrates' court supervision. (2) Subsection (1) does not apply to a community order that qualifies for special procedures for the purposes of section 217A.

Propose a change

212 Provision of copies of community order and related documents

(1) This section applies when a court makes a community order. (2) The court must forthwith provide copies of the order— (a) to the offender, (b) to the responsible officer, (c) to an officer of a provider of probation services that is a public sector provider who is acting at the court, and (d) if the court does not act in the offender's home local justice area, to a provider of probation services that is a public sector provider and is operating in that area. (3) If the order imposes any requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement. The requirement | The person to whom a copy must be provided An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected A residence requirement relating to residence in an institution | The person in charge of the institution A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9 An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order. (4) If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in that area with— (a) a copy of the order, and (b) such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order. (5) In subsection (2) “public sector provider” means— (a) a probation trust or other public body, or (b) the Secretary of State.

Propose a change

213 The responsible officer

(1) For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a community order relates, means the person who is for the time being responsible for discharging the functions conferred by this Code on the responsible officer in accordance with arrangements made by the Secretary of State. (2) The responsible officer must be— (a) an officer of a provider of probation services, or (b) a person responsible for monitoring the offender in accordance with an electronic monitoring requirement imposed by the community order.

Propose a change

214 Obligations of responsible officer

(1) This section applies where a community order is in force. Functions of the responsible officer (2) The responsible officer must— (a) make any arrangements that are necessary in connection with the requirements imposed by the order, and (b) promote the offender's compliance with those requirements. (3) This is subject to paragraph 16(6) of Schedule 9 (in-patient treatment under mental health treatment requirement). Exercise of functions by responsible officer (4) The responsible officer must ensure, as far as practicable, that any instruction given by the responsible officer is such as to avoid— (a) any conflict with the offender's religious beliefs, (b) any conflict with the requirements of any other court order to which the offender may be subject, and (c) any interference with the times, if any, at which the offender normally— (i) works, or (ii) attends any educational establishment, and satisfies any additional restrictions that the Secretary of State may specify in regulations. (5) Regulations under subsection (4) are subject to the negative resolution procedure.

Propose a change

215 Duty of offender to keep in touch with responsible officer etc

(1) This section applies where a community order is in force. (2) In the case of any community order (whenever the offender was convicted), the offender— (a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and (b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the community order, and (ii) each of the offender’s telephone numbers and email addresses (if any). (2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address. (3) An obligation under this section is enforceable as if it were a community order requirement of the community order. (4) The obligations under subsection (2) apply in relation to community orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.

Propose a change

216 Duty of offender to obtain permission before changing residence

(1) This section applies where a community order— (a) is in force, and (b) does not include a residence requirement imposed under paragraph 13 of Schedule 9. (2) The offender must not change residence except with permission given in accordance with this section by— (a) the responsible officer, or (b) a court. (3) This obligation has effect as if it were a community order requirement of the community order. (4) The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused. For this purpose, “appropriate court” has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule). (5) A court may also give permission in any proceedings before it under Schedule 10 (breach or amendment of order etc). (6) The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence— (a) is likely to prevent the offender complying with a requirement imposed by the community order, or (b) would hinder the offender's rehabilitation. (7) The responsible officer must refuse an application for permission if— (a) the offender's present residence is in England or Wales, and (b) the offender's proposed residence is outside England and Wales. (8) For cases in which a community order has to be amended because of permission given under this section, see paragraph 16 of Schedule 10 (amendment to reflect change in local justice area).

Propose a change

217 Power to provide for court review of community orders

(1) The Secretary of State may by regulations— (a) enable or require a court making a community order to provide for the community order to be reviewed periodically by that or another court, (b) enable a court to amend a community order so as to include or remove a provision for review by a court, and (c) make provision as to the timing and conduct of reviews and as to the powers of the court on a review. (2) Regulations under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders. (2A) Regulations under this section may not make provision in respect of community orders which for the purposes of section 217A qualify for special procedures. (3) Regulations under this section may repeal or amend any provision of this Chapter. (4) Regulations under this section are subject to the affirmative resolution procedure.

Propose a change

217A Review of community order qualifying for special procedures

(1) A community order that— (a) imposes one or more community order requirements, and (b) qualifies for special procedures for the purposes of this section, may make provision for the order to be reviewed periodically (“provision for review”). (2) Where a community order contains provision for review under this section, it must— (a) specify the intervals at which the order is to be reviewed, (b) provide for each review to be made, subject to section 217B, at a hearing held for the purpose by the responsible court (a “review hearing”), (c) require the offender to attend each review hearing, and (d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community order requirements of the order (a “progress report”) to be made to the responsible court before each review. (3) In this section “the responsible court”, in relation to a community order, means the court by which the order is made. (4) For more about community orders that qualify for special procedures, see section 395A.

Propose a change

217B Powers on review

(1) This section applies where a review hearing is held on a review of a community order by virtue of section 217A. (2) The court may, after considering the progress report, amend— (a) the community order requirements of the order, or (b) any provision of the order which relates to those requirements. (3) But the court— (a) may not amend the community order requirements of the order so as to impose a requirement of a different kind unless the offender expresses willingness to comply with that requirement, (b) may not amend— (i) a mental health treatment requirement, (ii) a drug rehabilitation requirement, or (iii) an alcohol treatment requirement, unless the offender expresses willingness to comply with the requirement as amended, and (c) except with the consent of the offender, may not amend the order while an appeal against the order is pending. (4) For the purposes of subsection (3)(a)— (a) a community order requirement of a kind within any entry in the table in section 201 is of the same kind as any other community requirement within that entry, and (b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates. (5) If the court is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, the court may adjourn the hearing so that the court can deal with the case forthwith under paragraph 10 or 11 of Schedule 10 (powers of court to deal with offender on breach of requirement). (6) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 10. (7) In this section— “review hearing”, and “progress report”, have the same meanings as in section 217A.

Propose a change

217C Alteration of review arrangements

(1) Subsections (2) and (3) apply where a court— (a) considers the progress report relating to a review under section 217A (the “current review”), and (b) forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory. (2) If the court forms that opinion before a review hearing is held at the current review— (a) it may order that no review hearing is to be held at the current review, and (b) it may amend the community order so as to provide for each subsequent review to be held without a review hearing. (3) If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing. (4) If at a review held without a review hearing the court— (a) considers the progress report, and (b) forms the opinion that the offender’s progress under the order is no longer satisfactory, it may require the offender to attend a hearing of the court at a specified time and place. (5) At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a). (6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised— (a) where the court is the Crown Court, by a judge of the court, and (b) where the court is a magistrates’ court, by a justice of the peace. (7) In this section— “review hearing”, and “progress report”, have the same meanings as in section 217A.

Propose a change

218 Breach, revocation , termination or amendment of community order

Schedule 10 makes provision about— (a) failures to comply with the requirements of community orders; (b) revocation of community orders; (ba) termination of community orders; (c) amendment of community orders.

Propose a change

219 Transfer of community orders to Scotland or Northern Ireland

Schedule 11 makes provision about transfers of community orders to Scotland or Northern Ireland.

Propose a change

220 When a community order ceases to be in force

(1) A community order ceases to be in force— (a) at the end of the end date (see section 209), or (b) if later, when the offender has completed any unpaid work requirement imposed by the order. (2) But a community order ceases to be in force (a) when it is revoked , or (b) when it terminates under Part 3A of Schedule 10. (3) An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.

Propose a change

← Find another law