Powers of Criminal Courts Act 1973 (repealed)

Part I — Powers of Courts to Deal with Offenders

Preliminary

Deferment of sentence

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• (1) Subject to the provisions of this section, the Crown Court or a magistrates’ court may defer passing sentence on an offender for the purpose of enabling the court or any other court to which it falls to deal with him to have regard, in dealing with him, to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.

• (2) Any deferment under this section shall be until such date as may be specified by the court, not being more than six months after the date on which the deferment is announced by the court; and ,subject to subsection (8A) below, where the passing of sentence has been deferred under this section it shall not be further deferred thereunder.

• (3) The power conferred by this section shall be exercisable only if the offender consents and the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.

• (4) A court which under this section has deferred passing sentence on an offender may deal with him before the expiration of the period of deferment if during that period he is convicted in Great Britain of any offence.

• (4A) If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence ("the subsequent offence’), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, deal with him for the first-mentioned offence or offences:

• (a) the power conferred by this subsection shall not be exercised by a magistrates’ court if the court which deferred passing sentence was the Crown Court; and

• (b) the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates’ court, shall not pass any sentence which could not have been passed by a magistrates’ court in exercising it.

• (5) Where a court which under this section has deferred passing sentence on an offender proposes to deal with him, whether on the date originally specified by the court or by virtue of subsection (4) above before that date, or where the offender does not appear on the date specified, the court may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest.

• (6) It is hereby declared that in deferring the passing of sentence under this section a magistrates’ court is to be regarded as exercising the power of adjourning the trial which is conferred by section 10(1) of the Magistrates’ Courts Act 1980, and that accordingly sections 11(1) and 13(1) to (3) and (5)of that Act (non-appearance of the accused) apply (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.

• (6A) Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.

• (7) Nothing in this section shall affect the power of the Crown Court to bind over an offender to come up for judgment when called upon or the power of any court to defer passing sentence for any purpose for which it may lawfully do so apart from this section.

• (8) The power of a court under this section to deal with an offender in a case where the passing of sentence has been deferred thereunder—

• (a) is power to deal with him, in respect of the offence for which passing of sentence has been deferred, in any way in which the court which deferred passing sentence could have dealt with him; and

• (b) without prejudice to the generality of the foregoing, in the case of a magistrates’ court, includes the power conferred by sec-tion . . .38 of the Magistrates’ Courts Act 1980 to commit him to the Crown Court for sentence.

• (8A) Where, in a case where the passing of sentence on an offender in respect of one or more offences has been deferred under this section, a magistrates’ court deals with him by committing him to the Crown Court under section . . .38 of the Act of 1980, the power of the Crown Court to deal with him includes the same power to defer passing sentence on him as if he had just been convicted of the offence or offences on indictment before the court.

Probation and discharge

Probation

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• (1) Where a court by or before which a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997) is of the opinion that the supervision of the offender . . . is desirable in the interests of—

• (a) securing the rehabilitation of the offender; or

• (b) protecting the public from harm from him or preventing the commission by him of further offences,

the court may make a probation order, that is to say, an order requiring him to be under supervision for a period specified in the order of not less than six months nor more than three years.

. . .

• (2) A probation order shall specify the petty sessions area in which the offender resides or will reside; and the offender shall, subject to paragraph 12 of Schedule 2 to the Criminal Justice Act 1991 (offenders who change their residence), be required to be under the supervision of

• (a) a probation officer appointed for or assigned to that area; or

• (b) where the offender is under the age of 18 years when the order is made, a member of a youth offending team established by a local authority specified in the order.

• (2A) The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.

• (3) Before making a probation order, the court shall explain to the offender in ordinary language—

• (a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 3 below);

• (b) the consequences which may follow under Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of the requirements of the order; and

• (c) that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,

. . .

• (4) The court by which a probation order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—

• (a) to the offender;

• (b) to the person responsible for the offender’s supervision; and

• (c) to the person in charge of any institution in which the offender is required by the order to reside.

• (4A) In the case of an offender under the age of 18 years, the reference in subsection (4) above to a probation officer includes a reference to a member of a youth offending team.

• (5) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—

• (a) a copy of the order; and

• (b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

• (6) An offender in respect of whom a probation order is made shall keep in touch with the person responsible for his supervision in accordance with such instructions as he may from time to time be given by that person and shall notify him of any change of address.

• (7) The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.

• (8) An order under subsection (7) above may make in paragraph 13(2)(a)(i) of Schedule 2 to the Criminal Justice Act 1991 any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

Probation orders requiring treatment for mental condition

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• (1) Subject to subsection (2) below, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—

• (a) securing the rehabilitation of the offender; or

• (b) protecting the public from harm from him or preventing the commission by him of further offences.

• (2) Without prejudice to the power of the court under section 35 of this Act to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.

• (3) Without prejudice to the generality of subsection (1) above, the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 1A to this Act.

Probation orders requiring attendance at day training centre

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Discharge and amendment of probation orders

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Breach of requirement of probation order

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Absolute and conditional discharge

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Commission of further offence by probationer or person conditionally discharged

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Breach of conditional discharge by young offenders

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Probation orders relating to persons residing in Scotland

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Substitution of conditional discharge for probation

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Supplementary provision as to probation and discharge

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• (1) Any court may, on making a probation order or an order for conditional discharge under this Part of this Act, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security for the good behaviour of the offender.

• (2) Where an order for conditional discharge has been made on appeal, for the purposes of this Act it shall be deemed—

• (a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

• (b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

• (3) In proceedings before the Crown Court under the preceding provisions of this Act, any question whether any person in whose case an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge shall be determined by the court and not by the verdict of a jury.

• (4) Nothing in section 1A of this Act shall be construed as preventing a court, on discharging an offender absolutely or conditionally in respect of any offence, from making an order for costs against the offender or imposing any disqualification on him or from making in respect of the offence an order under section 35 or 43 of this Act or section 28 of the Theft Act 1968.

Effects of probation and discharge

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Community service orders

Community service orders in respect of convicted persons

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• (1) Where a person of or over sixteen years of age is convicted of an offence punishable with imprisonment (not being an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997), the court by or before which he is convicted may, . . . (but subject to subsection (2) below) make an order (in this Act referred to as “a community service order”) requiring him to perform unpaid work in accordance with the subsequent provisions of this Act . . . .

The reference in this subsection to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders ; and for the purposes of this subsection a sentence falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997 if it is required by that provision and the court is not of the opinion there mentioned.

• (1A) The number of hours which a person may be required to work under a community service order shall be specified in the order and shall be in the aggregate—

• (a) not less than 40; and

• (b) not more than 240.

• (2) A court shall not make a community service order in respect of any offender unless . . . the court, after hearing (if the court thinks it necessary) a probation officer or social worker of a local authority social services department, is satisfied that the offender is a suitable person to perform work under such an order.

• (2A) Subject to paragraphs 3 and 4 of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders) a court shall not make a community service order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside.

• (3) Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum specified in paragraph (b) . . . of subsection (1A) above,.

• (4) A community service order shall specify the petty sessions area in which the offender resides or will reside; and the functions conferred by the subsequent provisions of this Act on the relevant officer shall be discharged by

• (a) a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the Criminal Justice Act 1991);

• (b) a person appointed for the purposes of those provisions by the probation committee for that area; or

• (c) in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part).

• (4A) The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.

• (5) Before making a community service order the court shall explain to the offender in ordinary language—

• (a) the purpose and effect of the order (and in particular the requirements of the order as specified in section 15 of this Act);

• (b) the consequences which may follow under Part II of Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of those requirements; and

• (c) that the court has under Parts III and IV of that Schedule t he power to review the order on the application either of the offender or of a probation officer.

• (6) The court by which a community service order is made shall forthwith give copies of the order to a probation officer assigned to the court and he shall give a copy to the offender and to the relevant officer; and the court shall, except where it is itself a magistrates’ court acting for the petty sessions area specified in the order, send to the clerk to the justices for the petty sessions area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.

• (7) The Secretary of State may by order direct that subsection (1A) above shall be amended by substituting for the maximum number of hours for the time being specified in paragraph (b) of that subsection, such number of hours as may be specified in the order.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In the case of an offender under the age of 18 years, references in subsections (2), (5)(c) or (6) above to a probation officer include references to a member of a youth offending team.

Obligations of person subject to community service order

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• (1) An offender in respect of whom a community service order is in force shall—

• (a) keep in touch with the relevant officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address;

• (b) perform for the number of hours specified in the order such work at such times as he may be instructed by the relevant officer.

• (2) Subject to paragraph 15 of Schedule 2 to the Criminal Justice Act 1991, the work required to be performed under a community service order shall be performed during the period of twelve months beginning with the date of the order ; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.

• (3) The instructions given by the relevant officer under this section shall, as far as practicable, be such as to avoid—

• (a) any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the Criminal Justice Act 1991) to which he may be subject; and

• (b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

Breach of requirements of community service order

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Amendment and revocation of community service orders, and substitution of other sentences

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Imprisonment, Borstal training and detention: general provisions

General power of Crown Court to impose sentence of imprisonment on conviction on indictment

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