38 Derogatory assertion order and restriction on reporting of assertions
(1) While a derogatory assertion order or interim derogatory assertion order has effect in relation to an assertion, the assertion must not—
(a) be published in Great Britain in a written publication available to the public, or
(b) be included in a relevant programme for reception in Great Britain.
(2) In this Chapter—
“derogatory assertion order” means an order made under subsection (3) of section 39 in relation to an assertion to which that section applies;
“interim derogatory assertion order” means an order made under subsection (4) of section 39 in relation to an assertion to which that section applies.
(1) This section applies to an assertion that forms part of a speech in mitigation made by or on behalf of an offender before—
(a) a court determining what sentence should be passed on the offender in respect of an offence, or
(b) a magistrates' court determining whether the offender should be committed to the Crown Court for sentence.
(2) This section also applies to an assertion that forms part of a submission relating to a sentence which is made by or on behalf of the offender before—
(a) a court hearing an appeal against or reviewing the sentence, or
(b) a court determining whether to grant leave to appeal against the sentence.
(3) The court may make a derogatory assertion order in relation to an assertion to which this section applies where there are substantial grounds for believing—
(a) that the assertion is derogatory to a person's character (for instance, because it suggests that the person's conduct is or has been criminal, immoral or improper), and
(b) that the assertion is false or that the facts asserted are irrelevant to the sentence.
(4) Where it appears to the court that there is a real possibility that a derogatory assertion order will be made in relation to an assertion, the court may make an interim derogatory assertion order in relation to it (see subsection (8)).
(5) No derogatory assertion order or interim derogatory assertion order may be made in relation to an assertion which it appears to the court was previously made—
(a) at the trial at which the offender was convicted of the offence, or
(b) during any other proceedings relating to the offence.
(6) Section 38(1) has effect where a court makes a derogatory assertion order or an interim derogatory assertion order.
(7) A derogatory assertion order—
(a) may be made after the court has made the relevant determination, but only if it is made as soon as is reasonably practicable after the determination has been made;
(b) subject to subsection (10), ceases to have effect at the end of the period of 12 months beginning with the day on which it is made;
(c) may be made whether or not an interim derogatory assertion order has been made with regard to the case concerned.
(8) An interim derogatory assertion order—
(a) may be made at any time before the court makes the relevant determination, and
(b) subject to subsection (10), ceases to have effect when the court makes the relevant determination.
(9) For the purposes of subsections (7) and (8) “relevant determination” means the determination of—
(a) the sentence (where this section applies by virtue of subsection (1)(a));
(b) whether the offender should be committed to the Crown Court for sentence (where this section applies by virtue of subsection (1)(b));
(c) what the sentence should be (where this section applies by virtue of subsection (2)(a));
(d) whether to grant leave to appeal (where this section applies by virtue of subsection (2)(b)).
(10) A derogatory assertion order or interim derogatory assertion order may be revoked at any time by the court which made it.
(1) If an assertion is published or included in a relevant programme in contravention of section 38, each of the following persons is guilty of an offence—
(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;
(b) in the case of publication in any other form, the person publishing the assertion;
(c) in the case of an assertion included in a relevant programme, any body corporate engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.
(2) A person guilty of an offence under this section is liable on summary conviction to—
(a) in England and Wales, a fine;
(b) in Scotland, a fine of an amount not exceeding level 5 on the standard scale.
(3) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence the person—
(a) was not aware, and neither suspected nor had reason to suspect, that a derogatory assertion order or interim derogatory assertion order had effect at that time, or
(b) was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or (as the case may be) included, the assertion in question.
(4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person purporting to act in any such capacity,
that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) In relation to a body corporate whose affairs are managed by its members, “director” in subsection (4) means a member of the body corporate.
(1) In sections 38 and 40—
“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;
“written publication” includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.
(2) For the purposes of sections 38 and 40 an assertion is published or included in a programme if the material published or included—
(a) names the person about whom the assertion is made or, without naming the person, contains enough to make it likely that members of the public will identify that person as the person about whom it is made, and
(b) reproduces the actual wording of the matter asserted or contains its substance.
(3) Nothing in section 38 or 39 affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.
(1) A court when dealing with an offender for one or more offences committed on or after 1 April 2007 must also order the offender to pay a surcharge.
This is subject to subsections (2) to (4).
(2) Subsection (1)—
(a) does not apply in such cases as may be prescribed by regulations made by the Secretary of State, and
(b) is subject to section 15A of the Proceeds of Crime Act 2002 (effect on duty in subsection (1) where court sentences before confiscation proceedings).
(3) Where a court dealing with an offender considers—
(a) that it would be appropriate to make one or more of—
(i) a compensation order,
(ii) an unlawful profit order, and
(iii) a slavery and trafficking reparation order, but
(b) that the offender has insufficient means to pay both the surcharge and appropriate amounts under such of those orders as it would be appropriate to make,
the court must reduce the surcharge accordingly (if necessary to nil).
But see section 13(4) of the Proceeds of Crime Act 2002 (court not to take confiscation order into account.)
(4) Where an offender aged under 18 is convicted of an offence and, but for this subsection, a court would order the offender to pay a surcharge—
(a) section 380 (orders for payment by parent or guardian) applies to the surcharge, and
(b) for the purposes of any order under that section in respect of the surcharge, subsection (3)(b) of this section is to be read as if the reference to the offender's means were to the means of the offender's parent or guardian.
(5) For the purposes of this section a court does not “deal with” a person if it—
(a) discharges the person absolutely, or
(b) makes an order under the Mental Health Act 1983 in respect of the person.
(6) In this section—
“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;
“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
(7) Regulations under subsection (2) are subject to the negative resolution procedure.
(1) The surcharge payable under section 42 is such amount as the Secretary of State may specify by regulations.
(2) Regulations under this section may provide for the amount to depend on—
(a) the offence or offences committed;
(b) how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine);
(c) the age of the offender.
(3) Regulations under this section are subject to the negative resolution procedure.
44 Criminal courts charge duty where court dealing with offender for offence
Where the Crown Court or a magistrates' court deals with an offender for an offence, the criminal courts charge duty applies to the court (see section 46).
45 Other occasions where criminal courts charge duty arises
For other occasions where the criminal courts charge duty applies to a court, see—
(a) section 52A of the Senior Courts Act 1981 (dismissal of appeal by Crown Court);
(b) section 30B of the Criminal Appeal Act 1968 (dismissal of appeal by Court of Appeal);
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) paragraph 10(6) of Schedule 10 (magistrates' court dealing with offender for breach of requirement of community order);
(e) paragraph 11(3) of that Schedule (Crown Court dealing with offender for breach of community order);
(f) paragraph 13(2) of Schedule 16 (magistrates' court or Crown Court dealing with offender for breach of community requirement of suspended sentence order).
(1) Where the criminal courts charge duty applies to a court in relation to an offender, the court must order the offender to pay a charge in respect of relevant court costs, unless—
(a) the offender was aged under 18 when the offence was committed,
(b) the offence was committed before 13 April 2015, or
(c) the case is, or is of a class, prescribed by the Lord Chancellor by regulations.
....
(2) In this section—
“court costs” means costs of providing the judiciary and the rest of the system of courts, but does not include defence or prosecution costs;
“relevant court costs” means court costs incurred in connection with—
criminal proceedings, or
proceedings for a relevant failure,
but does not include costs of providing the Supreme Court or judges of that Court;
“relevant failure” means a failure to comply with—
a requirement of a community order, or
a community requirement of a suspended sentence order, ...
...
(3) In this Code, “criminal courts charge order” means an order under subsection (1).
47 Court to disregard criminal courts charge duty in dealing with offender
(1) This section applies where the criminal courts charge duty applies to a court in dealing with an offender for—
(a) an offence, or
(b) a failure to comply with a requirement.
(2) In dealing with the offender (other than under the duty) for the offence or failure, the court must not take into account—
(a) the criminal courts charge duty, or
(b) any criminal courts charge order.
(1) A charge ordered to be paid by a criminal courts charge order must be of an amount specified by the Lord Chancellor by regulations.
(2) When specifying amounts under this section, the Lord Chancellor must seek to secure that an amount specified in respect of a class of case does not exceed the relevant court costs reasonably attributable to a case of that class.
(3) In this section “relevant court costs” has the same meaning as in section 46.
(1) The Lord Chancellor may by regulations provide that a person who is ordered by a criminal courts charge order to pay a charge must pay interest on the charge so far as it remains unpaid.
(2) The regulations may, in particular—
(a) make provision about the rate of interest,
(b) make provision about periods when interest is or is not payable, and
(c) make provision by reference to a measure or document as amended from time to time.
(3) The regulations may not make provision for a rate of interest that is higher than the rate that the Lord Chancellor considers would maintain the value in real terms of amounts that remain unpaid.
(4) An amount of interest payable under the regulations is to be treated as part of the charge ordered to be paid by the criminal courts charge order.
50 Power of magistrates' court to remit criminal courts charge
(1) This section applies where a court has made a criminal courts charge order against a person.
(2) A magistrates' court may remit the whole or part of the criminal courts charge, but this is subject to subsections (3) to (5).
(3) It may remit the charge only if—
(a) it is satisfied that the person has taken all reasonable steps to pay it, having regard to the person's personal circumstances, or
(b) it is satisfied that collection and enforcement of the charge is impracticable.
(4) It may not remit the charge at a time when the person is detained in prison.
(5) It may not remit the charge unless each of the following has expired—
(a) a specified period beginning with the day on which a criminal courts charge order was last made in respect of the person;
(b) a specified period beginning with the day on which the person was last convicted of an offence;
(c) where relevant, a specified period beginning with the day on which the person was last released from prison.
(6) Where a court remits a criminal courts charge after an order has been made under section 300(2) of the Criminal Justice Act 2003 (power to impose unpaid work requirement etc on fine defaulter) for default in paying the charge (or the charge and other amounts), the court must—
(a) reduce the total number of hours or days to which the order relates by the same proportion as the amount remitted bears to the total amount in respect of which the order was made, or
(b) if the total number of hours or days would be reduced to nil under paragraph (a), revoke the order.
(7) In calculating a reduction required by subsection (6), any fraction of an hour or day is to be rounded down to the nearest hour or day.
(8) In this section—
“criminal courts charge” means the charge ordered to be paid by a criminal courts charge order;
“prison” includes any place where a person serving a sentence of detention for an offence is liable to be detained;
“specified period” means a period of a length specified by the Lord Chancellor by regulations.
(1) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the powers to make regulations conferred by this Chapter.
(2) Regulations under this Chapter are subject to the negative resolution procedure.
52 Duty to give reasons for and to explain effect of sentence
(1) A court passing sentence on an offender has the duties in subsections (2) and (3).
(2) The court must state in open court, in ordinary language and in general terms, the court's reasons for deciding on the sentence.
(3) The court must explain to the offender in ordinary language—
(a) the effect of the sentence,
(b) the effects of non-compliance with any order that the offender is required to comply with and that forms part of the sentence,
(c) any power of the court to vary or review any order that forms part of the sentence, and
(d) the effects of failure to pay a fine, if the sentence consists of or includes a fine.
(4) Criminal Procedure Rules may—
(a) prescribe cases in which either duty does not apply, and
(b) make provision about how an explanation under subsection (3) is to be given.
(5) Subsections (6) to (9) are particular duties of the court in complying with the duty in subsection (2).
Sentencing guidelines
(6) The court must identify any sentencing guidelines relevant to the offender's case and—
(a) explain how the court discharged any duty imposed on it by section 59 or 60 (duty to follow guidelines unless satisfied it would be contrary to the interests of justice to do so);
(b) where the court was satisfied it would be contrary to the interests of justice to follow the guidelines, state why.
(7) Where as a result of taking into account any matter mentioned in section 73(2) (guilty pleas), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, the court must state that fact.
Offender aged under 18
(8) If the court imposes a youth rehabilitation order with supervision and surveillance, or a youth rehabilitation order with fostering, it must state why it is of the opinion mentioned in each of—
(a) section 179(2), and
(b) paragraph (a) and, if applicable, paragraph (b) of section 180(2).
(9) If—
(a) the offender is aged under 18, and
(b) the court imposes a sentence that may only be imposed in the offender's case if the court is of the opinion mentioned in section 230(2) (discretionary custodial sentence),
the court must state why it is of that opinion.
53 Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian
(1) Where an offender aged under 16 is convicted of an offence, for the duty of the court to make a statement in certain circumstances—
(a) if it does not make a parenting order under section 366 in respect of a parent or guardian of the offender, see subsection (3)(b) of that section;
(b) if it—
(i) makes a criminal behaviour order in respect of the offender, and
(ii) does not make a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 in respect of a parent or guardian of the offender,
see section 9(1B) of that Act;
(c) if it does not make an order under section 376 (binding over of parent or guardian), see subsection (4)(b) of that section.
(2) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this section.
54 Duty to give reasons where reparation order not made
Where—
(a) a court is dealing with an offender for an offence, and
(b) a reparation order is available,
the court must give reasons if it does not make a reparation order.
55 Duty to give reasons where compensation order not made
Where—
(a) a court is dealing with an offender for an offence, and
(b) a compensation order is available,
the court must give reasons if it does not make a compensation order.
56 Other duties of court to give reasons where certain orders not made
(1) For other duties of the court dealing with an offender for an offence to give reasons, in certain circumstances, for a decision not to make an order, see—
Duty to give reasons | Type of order | Type of offence
Criminal Justice and Police Act 2001
section 33(2)(c) | travel restriction order under section 33 | sentence of imprisonment for certain drug-trafficking offences
Animal Welfare Act 2006
section 33(6) | order under section 33 (deprivation) | certain offences under that Act
section 34(8) | order under section 34 (disqualification) | certain offences under that Act
Football Spectators Act 1989
section 14A(3) | banning order under Part 2 | relevant offence within the meaning of that Part
Prevention of Social Housing Fraud Act 2013
section 4(4) | unlawful profit order under section 4 | offence under section 1 or 2
Modern Slavery Act 2015
section 8(7)(b) | slavery and trafficking reparation order | offence under section 1, 2 or 4
(2) Nothing in this section is to be taken to affect—
(a) any power to make an order mentioned in the table in subsection (1), or
(b) any requirement to give reasons for a decision not to exercise any power to make an order not mentioned in the table.
(1) This section applies if—
(a) a court is passing sentence for an offence, and
(b) the court is of the view that the offence involved domestic abuse carried out by the offender.
(2) The court must, in open court, state that in its view the offence involved domestic abuse carried out by the offender.
(3) This section is without prejudice to any duty imposed on the court by section 59 or 60 to follow sentencing guidelines in dealing with the offender for the offence.
(4) In this section “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act).
(1) This section applies where—
(a) a court is dealing with an offender for an offence, and
(b) the offender is aged 18 or over when convicted.
(2) The court must have regard to the following purposes of sentencing—
(a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public (including victims of crime), and
(e) the making of reparation by offenders to persons affected by their offences.
(3) Subsection (1) does not apply—
(a) to an offence in relation to which a mandatory sentence requirement applies (see section 399), or
(b) in relation to making any of the following under Part 3 of the Mental Health Act 1983—
(i) a hospital order (with or without a restriction order),
(ii) an interim hospital order,
(iii) a hospital direction, or
(iv) a limitation direction.
58 Offenders aged under 18: considerations of court not affected by Code
Nothing in this Code affects the duties of the court—
(a) to have regard to the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37 of the Crime and Disorder Act 1998);
(b) under section 44 of the Children and Young Persons Act 1933 (to have regard to welfare and in certain cases to take steps in relation to surroundings and provision of education etc).
(1) Every court—
(a) must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender's case, and
(b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,
unless the court is satisfied that it would be contrary to the interests of justice to do so.
(2) The duty imposed by subsection (1) is subject to—
(a) section 125(1) (fine must reflect seriousness of offence);
(b) section 179(2) (restriction on youth rehabilitation order);
(c) section 186(3) and (6) (restrictions on choice of requirements of youth rehabilitation order);
(d) section 204(2) (restriction on community order);
(e) section 208(3) and (6) (restrictions on choice of requirements of community order);
(f) section 230 (threshold for imposing discretionary custodial sentence);
(g) section 231 (custodial sentence must be for shortest term commensurate with seriousness of offence);
(ga) sections 268B and 282B (requirement to impose serious terrorism sentence);
(h) sections 273 and 283 (life sentence for second listed offence for certain dangerous offenders);
(i) section 321 and Schedule 21 (determination of minimum term in relation to mandatory life sentence);
(j) the provisions mentioned in section 399(c) (mandatory minimum sentences).
(3) Nothing in this section or section 60 or 61 is to be taken as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with an offender suffering from a mental disorder in the manner it considers to be most appropriate in all the circumstances.
60 Sentencing guidelines: determination of sentence
(1) This section applies where—
(a) a court is deciding what sentence to impose on an offender for an offence, and
(b) offence-specific guidelines have been issued in relation to the offence.
(2) The principal guidelines duty includes a duty to impose on the offender, in accordance with the offence-specific guidelines, a sentence which is within the offence range.
(3) Subsection (2) is subject to—
(a) section 73 (reduction in sentences for guilty pleas),
(b) sections 74, 387 and 388 (assistance by offenders: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered to be given) by the offender to the prosecutor or investigator of an offence, and
(c) any rule of law as to the totality of sentences.
(4) If the offence-specific guidelines describe different seriousness categories—
(a) the principal guidelines duty also includes a duty to decide which of the categories most resembles the offender's case in order to identify the sentencing starting point in the offence range, but
(b) nothing in this section imposes on the court a separate duty to impose a sentence which is within the category range.
(5) Subsection (4) does not apply if the court is of the opinion that, for the purpose of identifying the sentence within the offence range which is the appropriate starting point, none of the categories sufficiently resembles the offender's case.
(6) Subsections (2) and (4) (except as applied by section 61) are subject to any power a court has to impose an extended sentence.
61 Sentencing guidelines: extended sentences , serious terrorism sentences and life sentences
Extended sentence: determination of appropriate custodial term
(1) Subsection (2) applies where a court is considering whether to impose an extended sentence for an offence.
(2) In determining the appropriate custodial term for the purposes of section 256(2), 268(2) or 281(2) (extended sentence for certain violent, sexual or terrorism offences), section 60 applies to the court as it applies to a court in determining the sentence for an offence.
Serious terrorism sentence: determination of appropriate custodial term
(2A) Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.
(2B) In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.
Life sentence for second listed offence: determination of sentence condition
(3) Subsection (4) applies where a court is considering whether to impose a sentence under section 273 or 283 (life sentence for second listed offence) for an offence.
(4) In determining, for the purpose of deciding whether the sentence condition in section 273(4) or 283(4) is met, the sentence that it would have passed as mentioned in that condition, section 60 applies to the court as it applies to a court in determining the sentence for an offence.
Notional determinate term for non-fixed life sentence
(5) Subsection (6) applies where a court imposes a non-fixed life sentence for an offence.
(6) Section 60 applies to the court in determining the notional determinate sentence within the meaning of section 323 (minimum term order for non-fixed life sentence).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section “non-fixed life sentence” means—
(a) a sentence of imprisonment for life (other than a sentence fixed by law),
(b) a sentence of detention for life under section 250, or
(c) a sentence of custody for life under section 272.
(1) In this Chapter—
“mental disorder”, in relation to a person, has the same meaning as in the Mental Health Act 1983;
“the principal guidelines duty” means the duty, imposed by section 59(1)(a), of a court, in sentencing an offender, to follow any sentencing guidelines which are relevant to the offender's case;
“offence-specific guidelines” means any sentencing guidelines issued in relation to a particular offence which are structured in the way described in section 121(2) to (5) of the Coroners and Justice Act 2009 (and “the offence-specific guidelines”, in relation to an offence, means, if any such guidelines have been issued in relation to the offence, those guidelines);
“the sentencing starting point”, in relation to the offence range, has the meaning given by section 121(10) of the Coroners and Justice Act 2009.
(2) For the purposes of this Chapter—
(a) references to the following are to be read in accordance with section 121 of the Coroners and Justice Act 2009 (sentencing ranges)—
the offence range;
the category range;
the starting point;
the appropriate starting point;
(b) offence-specific guidelines describe different seriousness categories if they describe different categories of case in accordance with subsection (2) of that section.
Where a court is considering the seriousness of any offence, it must consider—
(a) the offender's culpability in committing the offence, and
(b) any harm which the offence—
(i) caused,
(ii) was intended to cause, or
(iii) might foreseeably have caused.
In considering the seriousness of an offence committed while the offender was on bail, the court must—
(a) treat the fact that it was committed in those circumstances as an aggravating factor, and
(b) state in open court that the offence is so aggravated.
(1) This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions.
(2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to—
(a) the nature of the offence to which the relevant previous conviction relates and its relevance to the current offence, and
(b) the time that has elapsed since the relevant previous conviction.
(3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated.
(4) In subsections (1) to (3) “relevant previous conviction” means—
(a) a previous conviction by a court in the United Kingdom, or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a previous conviction of a service offence (see subsection (5)), ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes—
(a) a previous conviction of a relevant offence under the law of a member State by a court in that State, and
(b) a finding of guilt in respect of a member State service offence (see subsection (6)).
(5) In subsection (4)(c) (previous convictions of service offences)—
(a) “conviction” includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction (which relates to summary hearings and the Summary Appeal Court);
(b) “service offence” means—
(i) a service offence within the meaning of the Armed Forces Act 2006, or
(ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);
(c) the previous convictions referred to are to be taken to include a previous finding of guilt in—
(i) proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or
(ii) proceedings before a Standing Civilian Court established under section 6 of the Armed Forces Act 1976.
(6) In subsection (4A)(b) “member State service offence” means an offence which—
(a) was the subject of proceedings under the service law of a member State other than the United Kingdom, and
(b) would constitute an offence under the law of any part of the United Kingdom, or a service offence (within the meaning of the Armed Forces Act 2006), if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the offender for the current offence,
and, for this purpose—
“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;
“service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.
(7) For the purposes of this section, an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction of the offender for the current offence.
(1) This section applies where a court is considering the seriousness of an offence which is aggravated by—
(a) racial hostility,
(b) religious hostility,
(c) hostility related to disability,
(d) hostility related to sexual orientation, or
(e) hostility related to transgender identity.
This is subject to subsection (3).
(2) The court—
(a) must treat the fact that the offence is aggravated by hostility of any of those types as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) So far as it relates to racial and religious hostility, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated offences).
(4) For the purposes of this section, an offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if—
(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—
(i) the victim's membership (or presumed membership) of a racial group,
(ii) the victim's membership (or presumed membership) of a religious group,
(iii) a disability (or presumed disability) of the victim,
(iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be)
(v) the victim being (or being presumed to be) transgender, or
(b) the offence was motivated (wholly or partly) by—
(i) hostility towards members of a racial group based on their membership of that group,
(ii) hostility towards members of a religious group based on their membership of that group,
(iii) hostility towards persons who have a disability or a particular disability,
(iv) hostility towards persons who are of a particular sexual orientation, or (as the case may be)
(v) hostility towards persons who are transgender.
(5) For the purposes of paragraphs (a) and (b) of subsection (4), it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
(6) In this section—
(a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins;
(b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief;
(c) “membership” in relation to a racial or religious group, includes association with members of that group;
(d) “disability” means any physical or mental impairment;
(e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment;
(f) “presumed” means presumed by the offender.
(1) This section applies where a court is considering the seriousness of an offence listed in subsection (3).
(2) If the offence was committed against an emergency worker acting in the exercise of functions as such a worker, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) The offences referred to in subsection (1) are—
(a) an offence under any of the following provisions of the Offences against the Person Act 1861—
(i) section 16 (threats to kill);
(ii) section 18 (wounding with intent to cause grievous bodily harm);
(iii) section 20 (malicious wounding);
(iv) section 23 (administering poison etc);
(v) section 28 (causing bodily injury by explosives);
(vi) section 29 (using explosives etc with intent to do grievous bodily harm);
(vii) section 47 (assault occasioning actual bodily harm);
(aa) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);
(b) an offence under section 3 of the Sexual Offences Act 2003 (sexual assault);
(c) manslaughter;
(d) kidnapping;
(e) an inchoate offence in relation to any of the preceding offences.
(4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.
(5) In this section, “emergency worker” has the meaning given by section 68.
(6) Nothing in this section prevents a court from treating the fact that an offence was committed against an emergency worker acting in the exercise of functions as such as an aggravating factor in relation to offences not listed in subsection (3).
68 Emergency workers for the purposes of section 67
(1) In section 67, “emergency worker” means—
(a) a constable;
(b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;
(c) a National Crime Agency officer;
(d) a prison officer;
(e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;
(f) a prisoner custody officer, so far as relating to the exercise of escort functions;
(g) a custody officer, so far as relating to the exercise of escort functions;
(h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;
(i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);
(j) a person employed for the purposes of providing, or engaged to provide—
(i) NHS health services, or
(ii) services in the support of the provision of NHS health services,
and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.
(2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid.
(3) In this section—
“custodial institution” means any of the following—
a prison;
a young offender institution, secure training centre or secure college;
a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999;
services custody premises, as defined by section 300(7) of the Armed Forces Act 2006;
“custody officer” has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994;
“escort functions”—
in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991;
in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994;
“NHS health services” means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006;
“prisoner custody officer” has the meaning given by section 89(1) of the Criminal Justice Act 1991.
68A Assaults on those providing a public service etc
(1) This section applies where—
(a) a court is considering the seriousness of an offence listed in subsection (3), and
(b) the offence is not aggravated under section 67(2).
(2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) The offences referred to in subsection (1) are—
(a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies;
(b) an offence under any of the following provisions of the Offences against the Person Act 1861—
(i) section 16 (threats to kill);
(ii) section 18 (wounding with intent to cause grievous bodily harm);
(iii) section 20 (malicious wounding);
(iv) section 47 (assault occasioning actual bodily harm);
(c) an inchoate offence in relation to any of the preceding offences.
(4) In this section—
(a) a reference to providing services to the public includes a reference to providing goods or facilities to the public;
(b) a reference to the public includes a reference to a section of the public.
(5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3).
(6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.
(1) This section applies where a court is considering the seriousness of an offence specified in Schedule 1 (offences where terrorist connection to be considered) within subsection (4) or (5).
(2) If the offence has a terrorist connection, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) For the purposes of this section, an offence has a terrorist connection if the offence—
(a) is, or takes place in the course of, an act of terrorism, or
(b) is committed for the purposes of terrorism.
For this purpose, “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).
(4) An offence is within this subsection if it—
(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,
(b) is punishable on indictment with imprisonment for more than 2 years, and
(c) is not specified in Schedule A1.
(5) An offence is within this subsection if it—
(a) was committed before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and
(b) is specified in Schedule 1.
(6) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (4) and (5) to have been committed on the last of those days.
69A Offences where foreign power or designated body condition met
(1) This section applies where a court is considering the seriousness of an offence that—
(a) is committed on or after the day on which section 19 of the National Security Act 2023 comes into force, and
(b) is not an offence listed in subsection (2).
(2) Those offences are—
(a) an offence under the National Security Act 2023 or an inchoate offence (see section 398) in relation to any such offence;
(b) a relevant electoral offence within the meaning given by section 16 of that Act (foreign interference in elections).
(3) Where the foreign power condition or the designated body condition is met in relation to the conduct that constitutes the offence, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(4) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the first of those days.
(5) Sections 31 and 33B of the National Security Act 2023 (meaning of foreign power condition and designated body condition) apply for the purposes of this section as they apply for the purposes of Part 1 of that Act.
(1) This section applies where—
(a) a court is considering the seriousness of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), and
(b) when the offence was committed—
(i) the offender was aged 18 or over, and
(ii) the person used to look after, hide or transport the weapon in question (“the person used”) was not.
(2) The court—
(a) must treat the fact that the person used was under the age of 18 when the offence was committed as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) Subsection (4) applies where the offence is found to have involved the person used's having possession of a weapon, or being able to make it available—
(a) over a period of two or more days, or
(b) at some time during a period of two or more days.
(4) If, on a day during that period, sub-paragraphs (i) and (ii) of subsection (1)(b) were both satisfied, they are to be treated as both being satisfied when the offence was committed.
(1) This section applies where—
(a) a court is considering the seriousness of a specified child sex offence,
(b) the offence is aggravated by grooming, and
(c) the offender was aged 18 or over when the offence was committed.
(2) The court—
(a) must treat the fact that the offence is aggravated by grooming as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) An offence is “aggravated by grooming” if—
(a) the offence was facilitated by, or involved, the offender grooming a person under the age of 18, or
(b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed.
The person groomed need not have been a victim of the offence.
(4) In this section “specified child sex offence” means—
(a) an offence within any of subsections (5) to (7), or
(b) an inchoate offence in relation to any such offence.
(5) An offence is within this subsection if it is—
(a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),
(b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),
(c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),
(d) an offence under any of sections 8A to 8C of that Act (rape and other offences against children under 16),
(e) an offence under any of sections 9 to 12 of that Act (other child sex offences),
(f) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence),
(g) an offence under any of sections 16 to 19 of that Act (abuse of position of trust),
(h) an offence under section 25 or 26 of that Act (familial child sex offences), or
(i) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children).
(6) An offence is within this subsection if it is—
(a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent),
(b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder),
(c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or
(d) an offence under any of sections 66 to 66B, 67 or 67A of that Act (offences relating to exposure, intimate images and voyeurism),
and the victim or intended victim was under the age of 18.
(7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.
(8) Nothing in this section prevents a court from treating any other grooming of a person as an aggravating factor.
(9) This section applies in relation to a person convicted of an offence on or after the day on which section 83 of the Crime and Policing Act 2026 comes into force.
71 Supply of controlled drug near school premises or involving child
(1) This section applies where—
(a) a court is considering the seriousness of an offence under section 4(3) of the Misuse of Drugs Act 1971 (supplying controlled drug etc), and
(b) the offender was aged 18 or over when the offence was committed.
(2) If condition A or B is met, the court—
(a) must treat the fact that the condition is met as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.
(4) For the purposes of subsection (3)—
“relevant time”, in relation to school premises, is—
any time when the school premises are in use by persons under the age of 18;
one hour before the start and one hour after the end of any such time;
“school” has the same meaning as it has in section 4A of the Misuse of Drugs Act 1971;
“school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school.
(5) Condition B is that in connection with the commission of the offence the offender used a courier who, when the offence was committed, was aged under 18.
(6) For the purposes of subsection (5), a person uses a courier in connection with an offence under section 4(3) of the Misuse of Drugs Act 1971 if the person causes or permits another person (“the courier”)—
(a) to deliver a controlled drug to a third person, or
(b) to deliver a drug-related consideration to the person or a third person.
(7) For the purposes of subsection (6), a drug-related consideration is a consideration of any description which—
(a) is obtained in connection with the supply of a controlled drug, or
(b) is intended to be used in connection with obtaining a controlled drug.
(8) In this section, “controlled drug” and “supply” have the same meanings as in the Misuse of Drugs Act 1971.
72 Supply of psychoactive substance in certain circumstances
(1) This section applies where—
(a) a court is considering the seriousness of an offence under section 5 of the Psychoactive Substances Act 2016 (supplying psychoactive substance etc), and
(b) the offender was aged 18 or over when the offence was committed.
(2) If condition A, B or C is met the court—
(a) must treat the fact that the condition is met as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.
(4) For the purposes of subsection (3)—
“relevant time”, in relation to school premises, means—
any time when the school premises are in use by persons under the age of 18;
one hour before the start and one hour after the end of any such time;
“school” has the same meaning as in section 6 of the Psychoactive Substances Act 2016;
“school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school.
(5) Condition B is that, in connection with the offence, the offender used a courier who, when the offence was committed, was aged under 18.
(6) For the purposes of subsection (5), a person uses a courier in connection with an offence under section 5 of the Psychoactive Substances Act 2016 if the person causes or permits another person (“the courier”)—
(a) to deliver a substance to a third person, or
(b) to deliver a drug-related consideration to the person or a third person.
(7) For the purposes of subsection (6), a drug-related consideration is a consideration of any description which—
(a) is obtained in connection with the supply of a psychoactive substance, or
(b) is intended to be used in connection with obtaining a psychoactive substance.
(8) Condition C is that the offence was committed in a custodial institution.
(9) For the purposes of subsection (8), “custodial institution” means any of the following—
(a) a prison;
(b) a young offender institution, secure training centre or secure college;
(c) a removal centre, short-term holding facility or pre-departure accommodation (each, as defined in section 147 of the Immigration and Asylum Act 1999);
(d) service custody premises (as defined in section 300(7) of the Armed Forces Act 2006).
(10) In this section “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016 (see section 2 of that Act).
(1) This section applies where a court is determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court.
(2) The court must take into account the following matters—
(a) the stage in the proceedings for the offence at which the offender indicated the intention to plead guilty, and
(b) the circumstances in which the indication was given.
(2A) If the court imposes a serious terrorism sentence in relation to the offence, nothing in section 268C(2) or, as the case may be, 282C(2) prevents the court, after taking into account any matter referred to in subsection (2), from imposing as the appropriate custodial term a term of any length which is not less than 80 per cent of the term which would otherwise be required.
(3) If—
(a) a mandatory sentence requirement applies in relation to the offence (see section 399) by virtue of a provision mentioned in subsection (4), and
(b) the offender is aged 18 or over when convicted,
the mandatory sentence requirement does not prevent the court, after taking into account any matter referred to in subsection (2), from imposing any sentence which is not less than 80 per cent of the sentence which would otherwise be required by that requirement.
(4) The provisions referred to in subsection (3)(a) are—
(a) section 312 (minimum sentence for threatening with weapon or corrosive substance or bladed article);
(b) section 313 (minimum of 7 years for third class A drug trafficking offence);
(c) section 314 (minimum of 3 years for third domestic burglary);
(d) section 315 (minimum sentence for repeat offence involving weapon or corrosive substance or bladed article).
(5) If—
(a) a mandatory sentence requirement applies in relation to the offence by virtue of—
(i) section 312, or
(ii) section 315, and
(b) the offender is aged 16 or 17 when convicted,
the mandatory sentence requirement does not prevent the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (2).