Law

Sentencing Act 2020

United Kingdom · statute

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In force since 2026-10-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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

Proposed changes to this act

No one has proposed a change to this act yet.

501 provisions

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.

Propose a change

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.

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356 Sexual harm prevention orders: supplementary

(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.

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357 Disapplication of time limit for complaints

Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Chapter.

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358 Sexual harm prevention orders: interpretation

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.

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358I Special measures for witnesses

(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.

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359 Restraining order

(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.

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360 Restraining order: availability

(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.

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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).

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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).

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363 Offence of breaching restraining order

(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.

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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.

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365 Parenting order

(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.

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366 Parenting order where offender is under 18

(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.

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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.

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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.

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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.

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370 Parenting order: availability

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).

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371 Parenting order: references where local authority has parental responsibility

Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this Chapter.

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372 Making a parenting order

(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.

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373 Directions by the responsible officer

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.

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374 Discharge and variation of parenting order

(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.

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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.

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376 Binding over of parent or guardian

(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.

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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.

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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.

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378A Domestic abuse protection orders

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.

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379 Other behaviour orders etc

(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).

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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.

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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.

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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.

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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.

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384 Commencement of sentence

(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.

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385 Alteration of Crown Court sentence

(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.

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386 Deportation recommendations

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.

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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.

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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.

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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.

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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.

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391 Proceedings under section 387 or 388: use of live link

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