354 Offence: breach of sexual harm prevention order
(1) A person commits an offence if, without reasonable excuse, the person—
(a) does anything that the person is prohibited from doing by a sexual harm prevention order, or
(b) fails to do something that the person is required to do by a sexual harm prevention order.
(2) See section 113 of the Sexual Offences Act 2003 for offences in Scotland and Northern Ireland of breaching such an order.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
(5) An order for conditional discharge is not available in respect of an offence under this section.
355 Parenting order where sexual harm prevention order made in case of offender aged under 18
See section 8(1)(b) of the Crime and Disorder Act 1998 for powers of a court to make a parenting order under that Act in a case where it makes a sexual harm prevention order in respect of an offender aged under 18.
(1) The Secretary of State must issue guidance to chief officers of police in relation to the exercise by them of their powers with regard to sexual harm prevention orders under this Code.
(2) The Secretary of State may revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under subsection (1) or (2) to be published in such manner as the Secretary of State considers appropriate.
(4) Rules of court may, in relation to a person who reaches the age of 18 after proceedings against that person by virtue of section 350, have begun—
(a) prescribe circumstances in which the proceedings may or must remain in the youth court;
(b) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court.
In this Chapter—
“child” means a person under 18;
“the public” means the public in the United Kingdom;
“sexual harm” has the meaning given by section 344;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with—
(a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and
(b) any other necessary modifications.
(2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter—
(a) to the extent provided by rules of court, and
(b) subject to any modifications provided by rules of court.
(3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—
(a) to a direction under section 19 of that Act as applied by this section;
(b) to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
(4) In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 358G or 358H.
(1) In this Code “restraining order” means an order made under section 360 against a person which prohibits the person from doing anything described in the order.
(2) A restraining order may have effect—
(a) for a period specified in the order, or
(b) until further order.
(1) This section applies where a court is dealing with an offender for an offence.
(2) The court may make a restraining order under this section against the offender for the purpose of protecting the victim or victims of the offence, or any other person mentioned in the order, from conduct which—
(a) amounts to harassment, or
(b) will cause a fear of violence.
(3) But the court may make a restraining order under this section only if it does so in addition to dealing with the offender for the offence.
361 Procedure for varying or discharging restraining order
(1) Where a person is subject to a restraining order—
(a) that person,
(b) the prosecution, or
(c) any other person mentioned in the order,
may apply to the court which made the order for it to be varied or discharged by a further order.
(2) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (1).
362 Evidence in proceedings relating to restraining orders
(1) This section applies to—
(a) proceedings under section 360 for the making of a restraining order;
(b) proceedings under section 361 or 363(6) for the variation or discharge of a restraining order.
(2) In any such proceedings, both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3 of the Protection from Harassment Act 1997 (civil remedy).
(1) It is an offence for a person who is subject to a restraining order without reasonable excuse to do anything prohibited by the restraining order.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
(3) Subsection (1) does not apply to conduct of a person on a particular occasion if the Secretary of State certifies that, in the opinion of the Secretary of State, anything done by that person on that occasion related to—
(a) national security,
(b) the economic well-being of the United Kingdom, or
(c) the prevention or detection of serious crime,
and was done on behalf of the Crown.
(4) A certificate under subsection (3) is conclusive evidence that subsection (1) does not apply to conduct of that person on that occasion.
(5) A document purporting to be a certificate under subsection (3) is to be received in evidence and, unless the contrary is proved, to be treated as being such a certificate.
(6) A court dealing with a person for an offence under this section may vary or discharge the restraining order by a further order.
364 Restraining orders: meaning of “conduct” and “harassment”
For the purposes of this Chapter—
“conduct” includes speech;
“harassment”, in relation to a person, includes—
alarming the person, or
causing the person distress.
(1) A parenting order under this Chapter is an order which requires the person in respect of whom it is made (“the parent”)—
(a) to comply, for a period of not more than 12 months, with requirements specified in the order, and
(b) to attend, for a concurrent period of not more than 3 months, such counselling or guidance programme as may be specified in directions given by the responsible officer (see section 372).
(2) But a parenting order need not include a requirement under subsection (1)(b) if a parenting order (whether under this Chapter or any other enactment) has been made in respect of the parent on any previous occasion.
(3) If the parenting order provides this in accordance with section 366(7), 368(5) or 369(5), a counselling or guidance programme specified under subsection (1)(b) may be or include a residential course.
(1) A parenting order under this section is available to a court by or before which an offender aged under 18 is convicted of an offence.
This is subject to section 370.
(2) Subsections (3) and (4) apply where a parenting order under this section is available.
(3) If the offender is aged under 16 at the time of conviction, the court must—
(a) make a parenting order under this section in respect of a parent or guardian of the offender if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the offender, or
(b) state in open court that it is not so satisfied, and why not.
But this does not apply if the court makes a referral order in respect of the offender.
(4) If the offender is aged 16 or 17 at the time of conviction, the court may make a parenting order under this section in respect of a parent or guardian of the offender if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the offender.
(5) Subsections (6) and (7) apply where a court makes a parenting order under this section in respect of a parent or guardian of an offender.
(6) The requirements that the court may specify in the order under section 365(1)(a) are requirements that it considers desirable in the interests of preventing the commission of any further offence by the offender.
(7) If the order contains a requirement under section 365(1)(b) and the court is satisfied that—
(a) the attendance of the parent or guardian at a residential course is likely to be more effective than that person's attendance at a non-residential course in preventing the commission of any further offence by the offender, and
(b) any interference with family life which is likely to result from the parent's or guardian's attendance at a residential course is proportionate in all the circumstances,
the court may provide in the order that a counselling or guidance programme which the parent or guardian is required to attend by virtue of the requirement may be or include a residential course.
(8) Before making a parenting order under this section in respect of a parent or guardian of an offender aged under 16, the court must obtain and consider information about—
(a) the offender's family circumstances, and
(b) the likely effect of the order on those circumstances.
(9) Where a parenting order is made under this section, the person in respect of whom it is made has the same right of appeal against it as if—
(a) that person had committed the offence mentioned in subsection (1), and
(b) the order were a sentence passed on that person for the offence.
367 Report where court proposes both parenting order and referral order
(1) This section applies if a court proposes to make both—
(a) a referral order in respect of an offender, and
(b) a parenting order under section 366 (parenting order on conviction of a person aged under 18) in respect of a parent or guardian of the offender.
(2) Before making the parenting order the court must obtain and consider a report by an appropriate officer—
(a) indicating the requirements which that officer proposes should be included in the parenting order;
(b) indicating the reasons why the officer considers that those requirements would be desirable in the interests of preventing the commission of any further offence by the offender;
(c) if the offender is aged under 16, containing the information required by section 366(8).
(3) In subsection (2) “an appropriate officer” means—
(a) an officer of a provider of probation services,
(b) a social worker of a local authority, or
(c) a member of a youth offending team.
368 Parenting order where parent or guardian of offender fails to attend meetings of youth offender panel
(1) A parenting order under this section is available to a youth court where—
(a) an offender has been referred to a youth offender panel (see section 83), and
(b) a parent or guardian of the offender is referred by the panel to the youth court under section 93 in respect of a failure to comply with an order under section 90 (order requiring attendance at meetings of panel).
This is subject to section 370.
(2) Where a parenting order under this section is available, the youth court may make such an order if it is satisfied that—
(a) the parent or guardian has failed without reasonable excuse to comply with the order under section 90, and
(b) the parenting order would be desirable in the interests of preventing the commission of any further offence by the offender.
(3) Subsections (4) and (5) apply where the court makes a parenting order in respect of a parent or guardian of an offender.
(4) The requirements that the court may specify under section 365(1)(a) in an order under this section are requirements that it considers desirable in the interests of preventing the commission of any further offence by the offender.
(5) If the order contains a requirement under section 365(1)(b) and the court is satisfied that—
(a) the attendance of the parent or guardian at a residential course is likely to be more effective than that person's attendance at a non-residential course in preventing the commission of any further offence by the offender, and
(b) any interference with family life which is likely to result from the parent's or guardian's attendance at a residential course is proportionate in all the circumstances,
the court may provide in the order that a counselling or guidance programme which the parent or guardian is required to attend by virtue of the requirement may be or include a residential course.
(6) Before making a parenting order under this section where the offender is aged under 16, the court must obtain and consider information about—
(a) the offender's family circumstances, and
(b) the likely effect of the order on those circumstances.
(7) Where a parenting order is made under this section, the person in respect of whom it is made may appeal against it to the Crown Court.
(8) On an appeal under subsection (7) the Crown Court—
(a) may make such orders as may be necessary to give effect to its determination of the appeal, and
(b) may also make such incidental or consequential orders as appear to it to be just.
(9) An order of the Crown Court made on an appeal under subsection (7) is to be treated for the purposes of section 374 as having been made by the youth court.
369 Parenting order in respect of certain offences under Education Act 1996
(1) A parenting order under this section is available to the court by or before which an offender is convicted of an offence under—
(a) section 443 of the Education Act 1996 (failure to comply with school attendance order), or
(b) section 444 of that Act (failure to secure regular attendance at school of registered pupil).
This is subject to section 370.
(2) Where a parenting order under this section is available, the court may make such an order in respect of the offender if satisfied that the order would be desirable in the interests of preventing the commission of any further offence under section 443 or 444 of the Education Act 1996.
(3) Subsections (4) and (5) apply where a court makes a parenting order under this section.
(4) The requirements that the court may specify under section 365(1)(a) are requirements that it considers desirable in the interests of preventing the commission of any further offence under section 443 or 444 of the Education Act 1996.
(5) If the order contains a requirement under section 365(1)(b) and the court is satisfied that—
(a) the attendance of that offender at a residential course is likely to be more effective than the offender's attendance at a non-residential course in preventing the commission of any further offence under section 443 or 444 of the Education Act 1996, and
(b) any interference with family life which is likely to result from that person's attendance at a residential course is proportionate in all the circumstances,
the court may provide in the order that a counselling or guidance programme which the offender is required to attend by virtue of the requirement may be or include a residential course.
(6) Before making a parenting order under this section in a case where the offence related to a person aged under 16, the court must obtain and consider information about—
(a) that person's family circumstances, and
(b) the likely effect of the order on those circumstances.
A court may not make a parenting order under this Chapter in respect of a person unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the person resides or will reside (and the notice has not been withdrawn).
(1) This section applies where a court makes a parenting order under this Chapter in respect of a person (“the parent”).
(2) Requirements specified in a parenting order under this Chapter must, as far as practicable, be such as to avoid—
(a) any conflict with the parent's religious beliefs, and
(b) any interference with the times, if any, at which the parent normally works or attends an educational establishment.
(3) Before making a parenting order, a court must explain to the parent in ordinary language—
(a) the effect of the order and of the requirements proposed to be included in it;
(b) the consequences which may follow (under section 375) if the parent fails to comply with those requirements, and
(c) that the court has power (under section 374) to review the order on the application either of the parent or of the responsible officer.
(4) The parenting order must specify the responsible officer.
(5) The responsible officer must be—
(a) an officer of a provider of probation services acting in the local justice area in which it appears to the court that the parent resides or will reside,
(b) a social worker of the local authority in whose area it appears to the court that the parent resides or will reside,
(c) a person nominated by—
(i) a person appointed as director of children's services under section 18 of the Children Act 2004, or
(ii) a person appointed as chief education officer under section 532 of the Education Act 1996, or
(d) a member of a youth offending team established by the local authority in whose area it appears to the court that the parent resides or will reside.
(6) For the purposes of this Chapter, the Inner Temple and the Middle Temple form part of the City of London.
Directions given by a responsible officer under a parenting order under this Code must, as far as practicable, be such as to avoid—
(a) any conflict with the parent's religious beliefs, and
(b) any interference with the times, if any, at which the parent normally works or attends an educational establishment.
For this purpose, “parent” means the person in respect of whom the parenting order is made.
(1) This section applies where—
(a) a parenting order made under this Chapter is in force, and
(b) an application is made under this section by—
(i) the responsible officer, or
(ii) the person in respect of whom it is made
to the court which made the order.
(2) The court may make an order—
(a) discharging the parenting order, or
(b) varying the parenting order—
(i) by cancelling any provision included in it, or
(ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that the court could include, if it were now making the order.
(3) Where an application under this section for the discharge of a parenting order is dismissed, no-one may make a further application under this section for its discharge except with the consent of the court which made the order.
375 Offence of failure to comply with a requirement of a parenting order
(1) It is an offence for a person in respect of whom a parenting order made under this Chapter is in force to fail to comply with any requirement—
(a) included in the order, or
(b) specified in directions given by the responsible officer.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) This section applies where—
(a) a person aged under 18 is convicted of an offence, and
(b) a court is sentencing the offender for the offence.
(2) The court has the following powers—
(a) the court may, with the consent of the offender's parent or guardian, order the parent or guardian to enter into a recognizance to take proper care of the offender and exercise proper control over the offender, and
(b) if—
(i) the parent or guardian refuses consent, and
(ii) the court considers the refusal unreasonable,
the court may order the parent or guardian to pay a fine not exceeding £1,000.
(3) For the purposes of this section—
(a) taking “care” of a person includes giving the person protection and guidance, and
(b) “control” includes discipline.
(4) If the offender is aged under 16 when sentenced, the court must—
(a) exercise its powers under subsection (2), if satisfied, having regard to the circumstances of the case, that doing so would be desirable in the interests of preventing the offender from committing further offences, or
(b) state in open court that it is not so satisfied, and why not.
(5) Subsections (2) and (4) are subject to section 37(8) of the Mental Health Act 1983 (order under this section not to be made where hospital or guardianship order is made) and to—
(a) section 89(4)(b), and
(b) paragraph 16(2) of Schedule 4,
(restrictions on the powers of a court making or extending a referral order).
(6) If the court makes a youth rehabilitation order, a recognizance under this section may include a provision that the offender's parent or guardian ensure that the offender complies with the requirements of that order.
(7) The period of a recognizance under this section—
(a) may not be more than 3 years, and
(b) must end before the offender reaches the age of 18.
(8) A recognizance under this section may not be for an amount of more than £1,000.
(9) In fixing the amount of a recognizance under this section, the court must take into account, in particular, the means of the parent or guardian so far as they appear or are known to the court (whether doing so has the effect of increasing or reducing the amount).
(10) Section 120 of the Magistrates' Courts Act 1980 (forfeiture of recognizances) applies in relation to a recognizance under this section as it applies in relation to a recognizance to keep the peace.
(11) A fine imposed under subsection (2)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
(12) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this section.
377 Binding over of parent or guardian: appeals, variations and revocations
(1) A parent or guardian may appeal to the Crown Court against an order under section 376 made by a magistrates' court.
(2) A parent or guardian may appeal to the Court of Appeal against an order under section 376 made by the Crown Court as if—
(a) the parent or guardian had been convicted on indictment, and
(b) the order were a sentence passed on the conviction of the parent or guardian.
(3) A court may vary or discharge an order made by it under section 376 if, on the application of the parent or guardian, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so.
378 Other powers of the court to bind over to keep the peace
(1) For powers to bind over to keep the peace exercisable on conviction see, in particular—
(a) section 1 of the Justices of the Peace Act 1361;
(b) section 1(7) of the Justices of the Peace Act 1968.
(2) This section does not affect the exercise of those powers in other circumstances, or of other powers to bind over.
See Part 3 of the Domestic Abuse Act 2021 (and in particular section 31(3) of that Act) for the power of a court to make a domestic abuse protection order when dealing with an offender for an offence.
(1) For further orders available to a court dealing with an offender for particular offences in particular circumstances, see the following—
Provision | Type of order | Type of offence
Criminal Justice and Police Act 2001
section 33 | travel restriction order | sentence of imprisonment for certain drug-trafficking offences
Licensed Premises (Exclusion of Certain Persons) Act 1980
section 1 | exclusion order | certain offences committed on licensed premises
Football Spectators Act 1989
section 14A(3) | banning order under Part 2 | relevant offence within the meaning of that Part
Serious Crime Act 2007
section 19 | serious crime prevention order | serious offence in England and Wales
Modern Slavery Act 2015
section 14 | slavery and trafficking prevention order | slavery or human trafficking offence (see Schedule 1)
Psychoactive Substances Act 2016
section 19 | prohibition order | offence under section 4 to 8 of that Act and related offences.
Elections Act 2022
section 30 | disqualification order | Schedule 9 offence within the meaning of section 30 of that Act.
Public Order Act 2023
section 20 | serious disruption prevention order | protest-related offence within the meaning of Part 2 of that Act.
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
section 26 | revocation of immunity under that Act | making of false statements
Employment Rights Act 2025
section 125 | labour market enforcement order | labour market offence within the meaning of Part 5 of that Act.
(2) Part 2 of the Sexual Offences Act 2003 makes provision about notification requirements in the case of a person convicted of an offence listed in Schedule 3 to that Act (sexual offences for the purposes of that Part of that Act).
380 Order for parent or guardian to pay fine, costs, compensation or surcharge
(1) Where any enactment provides that this section applies to an amount which, but for that enactment, the court would order the offender to pay, the court—
(a) must, or
(b) if the offender is aged 16 or over, may,
order that the amount is to be paid by the parent or guardian instead of by the offender himself or herself.
(2) Subsection (1) does not apply if the court is satisfied that—
(a) the parent or guardian cannot be found, or
(b) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.
(3) No order may be made under subsection (1) without giving the parent or guardian an opportunity of being heard.
(4) But an order under subsection (1) may be made against a parent or guardian who, having been required to attend, has failed to do so.
(5) A parent or guardian may appeal to the Crown Court against an order under subsection (1) made by a magistrates' court.
(6) A parent or guardian may appeal to the Court of Appeal against an order under subsection (1) made by the Crown Court, as if the parent or guardian had been convicted on indictment and the order were a sentence passed on the parent's or guardian's conviction.
381 Costs awarded against offender under 18: payment by parent or guardian
Where—
(a) but for this section, a court would impose costs in respect of an offence on an offender, and
(b) the offender was aged under 18 when convicted of the offence,
section 380 applies to the amount of the costs awarded.
382 Power to determine financial circumstances of offender's parent or guardian
(1) For the purposes of any order under section 380, where—
(a) the parent or guardian of an offender aged under 18—
(i) has failed to comply with a financial circumstances order imposed by virtue of section 35(4), or
(ii) has otherwise failed to co-operate with the court in its inquiry into the parent's or guardian's financial circumstances, and
(b) the court considers that it has insufficient information to make a proper determination of the parent's or guardian's financial circumstances,
the court may make such determination as it thinks fit.
(2) Subsections (3) to (5) apply where a court has—
(a) made an order under section 380 in respect of a parent or guardian of an offender to pay the amount of a fine, and
(b) in fixing the amount of the fine, determined the financial circumstances of the parent or guardian under subsection (1).
(3) If on subsequently inquiring into the financial circumstances of the parent or guardian the court is satisfied that, had it had the results of that inquiry when sentencing the offender, it—
(a) would have fixed a smaller amount, or
(b) would not have fined the offender,
it may remit the whole or part of the fine.
(4) Where under subsection (3) the court remits the whole or part of the fine after a term of—
(a) imprisonment, or
(b) detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,
has been fixed under section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) in respect of the amount ordered to be paid under section 380, the court must reduce the term by the corresponding proportion.
(5) In calculating any reduction required by subsection (4), any fraction of a day is to be ignored.
383 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation
Where the Crown Court makes an order mentioned in Part 1 of Schedule 9 to the Administration of Justice Act 1970 (orders against accused for the payment of costs or compensation), the court may—
(a) allow time for the payment of the sum due under the order;
(b) direct payment of that sum by instalments of the amounts and on the dates specified in the order.
(1) A sentence imposed by a court when dealing with an offender takes effect from the beginning of the day on which it is imposed, unless the court otherwise directs.
(2) The power to give a direction under subsection (1) is subject to section 225 (restriction on consecutive sentences for released prisoners).
(3) This section is subject to—
(a) section 198 (when a youth rehabilitation order is in force);
(b) sections 237, 253, 257 and 270 (interaction of detention and training order with other sentences);
(c) section 334 (duration of criminal behaviour order);
(d) section 385(5) (alteration of Crown Court sentence);
(e) section 142(5) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc).
(4) In this section—
“sentence” has the meaning given by section 401, but—
also includes a recommendation for deportation made when dealing with an offender, and
does not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);
“imposed” includes made.
(1) Subsection (2) applies where the Crown Court has imposed a sentence when dealing with an offender.
(2) The Crown Court may vary or rescind the sentence at any time within the period of 56 days beginning with the day on which the sentence was imposed.
This subsection is subject to subsections (3) and (4).
(3) Subsection (2) does not apply where an appeal, or an application for leave to appeal, against that sentence has been determined.
(4) The power in subsection (2) may be exercised only by—
(a) the court constituted as it was when the sentence was imposed, or
(b) where that court comprised one or more justices of the peace, a court so constituted except for the omission of any one or more of those justices.
(5) Where a sentence is varied under this section, the sentence, as so varied, is to take effect from the beginning of the day on which it was originally imposed, unless the court directs otherwise.
This is subject to subsection (6).
(6) For the purposes of—
(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and
(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act),
the sentence is to be regarded as imposed on the day on which it is varied under this section.
(7) Criminal Procedure Rules may—
(a) provide for extending the period fixed by subsection (2) for cases where two or more persons are tried separately on the same or related facts alleged in one or more indictments;
(b) subject to the other provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by that court.
(8) In this section—
“sentence” has the meaning given by section 401, but—
also includes a recommendation for deportation made when dealing with an offender, and
does not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);
“imposed” includes made.
See section 6 of the Immigration Act 1971 for provision about recommendations for deportation by a court dealing with an offender for an offence punishable with imprisonment where—
(a) the offender is not a British citizen, and
(b) is aged 17 or over when convicted.
387 Failure by offender to provide agreed assistance: review of sentence
(1) This section applies if—
(a) the Crown Court has passed a sentence on an offender in respect of an offence,
(b) the sentence (“the original sentence”) is a discounted sentence in consequence of the offender's having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence, and
(c) the offender knowingly fails to any extent to give assistance in accordance with the agreement.
(2) A specified prosecutor may at any time refer the case back to the Crown Court if—
(a) the offender is still serving the original sentence, and
(b) the specified prosecutor thinks it is in the interests of justice to do so.
(3) A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.
(4) If the court is satisfied that the offender knowingly failed to give the assistance it may substitute for the original sentence a sentence that is—
(a) greater than the original sentence, but
(b) not greater than the sentence which it would have passed but for the agreement mentioned in subsection (1)(b) (“the original maximum”).
(5) Subsections (6) to (9) apply where a sentence is substituted under subsection (4).
(6) Where the substitute sentence is less than the original maximum, the court must state in open court—
(a) that fact, and
(b) the original maximum.
This is subject to subsection (8).
(7) Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a substitute sentence is imposed under subsection (4) unless—
(a) the court considers that it is not in the public interest to disclose that the original sentence was a discounted sentence, or
(b) subsection (8) provides otherwise.
(8) Where the substitute sentence is less than the original maximum and the court considers that it would not be in the public interest to disclose that fact—
(a) subsection (6) does not apply;
(b) the court must give a written statement of the matters specified in subsection (6)(a) and (b) to—
(i) the prosecutor, and
(ii) the offender;
(c) section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is less than the original maximum.
(9) Any part of the original sentence which the offender has already served must be taken into account in determining when the substitute sentence has been served.
388 Review of sentence following subsequent agreement for assistance by offender
(1) A case is eligible for review under this section if—
(a) the Crown Court has passed a sentence on an offender in respect of an offence,
(b) the offender is still serving the sentence, and
(c) pursuant to a written agreement subsequently made with a specified prosecutor, the offender has assisted or offered to assist the investigator or prosecutor of any offence,
but this is subject to subsection (2).
(2) A case is not eligible for review under this section if—
(a) the sentence was discounted and the offender has not given the assistance offered in accordance with the written agreement by virtue of which it was discounted, or
(b) the offence was one for which the sentence was fixed by law and the offender did not plead guilty to it.
(3) A specified prosecutor may at any time refer a case back to the Crown Court if—
(a) the case is eligible for review under this section, and
(b) the prosecutor considers that it is in the interests of justice to do so.
(4) A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.
(5) The court may—
(a) take into account the extent and nature of the assistance given or offered;
(b) substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.
(6) Nothing in—
(a) any of the provisions listed in section 399(b) or (c) (minimum sentences in certain circumstances), or
(b) section 321 (and Schedule 21) (determination of minimum term in relation to mandatory life sentence),
affects the court's power under subsection (5).
(7) Subsections (8) to (11) apply where a sentence is substituted under subsection (5).
(8) The court must state in open court—
(a) the fact that the substitute sentence is a discounted sentence, and
(b) the original maximum.
This is subject to subsection (10).
(9) Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a sentence is imposed under subsection (5).
But this is subject to subsection (10).
(10) Where the court considers that it would not be in the public interest to disclose that the substitute sentence is a discounted sentence —
(a) subsection (7) does not apply;
(b) the court must give a written statement of the matters specified in subsection (8)(a) and (b) to—
(i) the prosecutor, and
(ii) the offender;
(c) section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is a discounted sentence.
(11) Any part of the sentence to which the referral relates which the offender has already served must be taken into account in determining when the substitute sentence has been served.
389 References under sections 387 and 388: appeals
(1) Where a reference is made under section 387 or 388—
(a) the person in respect of whom the reference is made, or
(b) the specified prosecutor,
may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the decision of the Crown Court.
(2) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from the criminal division of the Court of Appeal) does not prevent an appeal to the Supreme Court under this section.
(3) In relation to any proceedings under this section, the Secretary of State may by regulations make provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).
(4) Regulations under this section are subject to the negative resolution procedure.
390 Proceedings under section 387 or 388: exclusion of public
(1) This section applies to—
(a) any proceedings relating to a reference made under section 387 or 388, and
(b) any other proceedings arising in consequence of such proceedings.
(2) The court in which the proceedings will be or are being heard may make such order as it considers appropriate—
(a) to exclude from the proceedings any person who does not fall within subsection (4);
(b) to prohibit the publication of any matter relating to the proceedings (including the fact that the reference has been made).
(3) The court may make an order under subsection (2) only if the court considers that the order is—
(a) necessary to protect the safety of any person, and
(b) in the interests of justice.
(4) The following persons fall within this subsection—
(a) a member or officer of the court;
(b) a party to the proceedings;
(c) counsel or a solicitor for a party to the proceedings;
(d) a person otherwise directly concerned with the proceedings.
(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—
(a) to exclude any person from proceedings, or
(b) to restrict the publication of any matter relating to proceedings.