Powers of Criminal Courts (Sentencing) Act 2000

Part I — POWERS EXERCISABLE BEFORE SENTENCE

Deferment of sentence

Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.

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Further powers of courts where sentence deferred under section 1

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• (1) A court which under section 1 above has deferred passing sentence on an offender may deal with him before the end of the period of deferment if during that period he is convicted in Great Britain of any offence.

• (2) Subsection (3) below applies where a court has under section 1 above deferred passing sentence on an offender in respect of one or more offences and during the period of deferment the offender is convicted in England or Wales of any offence (“the later offence”).

• (3) Where this subsection applies, then (without prejudice to subsection (1) above and whether or not the offender is sentenced for the later offence during the period of deferment), the court which passes sentence on him for the later offence may also, if this has not already been done, deal with him for the offence or offences for which passing of sentence has been deferred, except that—

• (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 that power.

• (4) Where—

• (a) a court which under section 1 above 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 (1) above before that date, or

• (b) the offender does not appear on the date so specified,

the court may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest.

• (5) In deferring the passing of sentence under section 1 above a magistrates’ court shall be regarded as exercising the power of adjourning the trial conferred by section 10(1) of the Magistrates’ Courts Act 1980, and accordingly sections 11(1) and 13(1) to (3A) and (5) of that Act (non-appearance of the accused) apply (without prejudice to subsection (4) above) if the offender does not appear on the date specified under section 1(3) above.

• (6) Any power of a court under this section to deal with an offender in a case where the passing of sentence has been deferred under section 1 above—

• (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 paragraph (a) above, in the case of a magistrates’ court includes the power conferred by section 3 below to commit him to the Crown Court for sentence.

• (7) Where—

• (a) the passing of sentence on an offender in respect of one or more offences has been deferred under section 1 above, and

• (b) a magistrates’ court deals with him in respect of the offence or any of the offences by committing him to the Crown Court under section 3 below,

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.

Committal to Crown Court for sentence

Committal for sentence on summary trial of offence triable either way

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Committal for sentence on indication of guilty plea to offence triable either way

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Power of Crown Court on committal for sentence under sections 3 and 4

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Committal for sentence in certain cases where offender committed in respect of another offence

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Power of Crown Court on committal for sentence under section 6

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Remission for sentence: young offenders etc.

Power and duty to remit young offenders to youth courts for sentence

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Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence

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Power of magistrates' court to remit case to another magistrates' court for sentence

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Remand by magistrates’ court for medical examination

Remand by magistrates' court for medical examination

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• (1) If, on the trial by a magistrates’ court of an offence punishable on summary conviction with imprisonment, the court—

• (a) is satisfied that the accused did the act or made the omission charged, but

• (b) is of the opinion that an inquiry ought to be made into his physical or mental condition before the method of dealing with him is determined,

the court shall adjourn the case to enable a medical examination and report to be made, and shall remand him.

• (2) An adjournment under subsection (1) above shall not be for more than three weeks at a time where the court remands the accused in custody, nor for more than four weeks at a time where it remands him on bail.

• (3) Where on an adjournment under subsection (1) above the accused is remanded on bail, the court shall impose conditions under paragraph (d) of section 3(6) of the Bail Act 1976 and the requirements imposed as conditions under that paragraph shall be or shall include requirements that the accused—

• (a) undergo medical examination by a registered medical practitioner or, where the inquiry is into his mental condition and the court so directs, two such practitioners; and

• (b) for that purpose attend such an institution or place, or on such practitioner, as the court directs and, where the inquiry is into his mental condition, comply with any other directions which may be given to him for that purpose by any person specified by the court or by a person of any class so specified.

Part II — ABSOLUTE AND CONDITIONAL DISCHARGE

Absolute and conditional discharge

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Commission of further offence by person conditionally discharged

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Effect of discharge

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Discharge: supplementary

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Part III — MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS

Referral orders

Duty and power to refer certain young offenders to youth offender panels

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The referral conditions

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Making of referral orders: general

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Making of referral orders: effect on court’s other sentencing powers

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Making of referral orders: attendance of parents etc

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Youth offender panels

Establishment of panels

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Attendance at panel meetings

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Youth offender contracts

First meeting: agreement of contract with offender

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First meeting: duration of contract

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First meeting: failure to agree contract

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Progress meetings

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Final meeting

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Further court proceedings

Offender referred back to court or convicted while subject to referral order

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Supplementary

Functions of youth offending teams

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Regulations under Part III

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Rules of court

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Definitions for purposes of Part III

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Part IV — Youth community orders and reparation orders

Chapter I — Youth community orders: general provisions

Meaning of “community order” and “community sentence”

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• (1) In this Act “youth community order” means any of the following orders—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) an attendance centre order;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Community orders not available where sentence fixed by law etc

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Restrictions on imposing community sentences

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Procedural requirements for community sentences: pre-sentence reports etc

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Chapter II — Community orders available for offenders of any age

Curfew orders

Curfew orders

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Electronic monitoring of curfew orders

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Breach, revocation and amendment of curfew orders

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Curfew orders: supplementary

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Chapter III — Community orders available only where offender aged 16 or over

Probation orders

Probation orders

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Additional requirements which may be included in probation orders

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Breach, revocation and amendment of probation orders

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Offenders residing in Scotland or Northern Ireland

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Probation orders: supplementary

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Community punishment orders

Community service orders

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Obligations of person subject to community service order

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Breach, revocation and amendment of community service orders

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Offenders residing in Scotland or Northern Ireland

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Community service orders: supplementary

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Community punishment and rehabilitation orders

Combination orders

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Drug treatment and testing orders

Drug treatment and testing orders

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The treatment and testing requirements

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Provisions of order as to supervision and periodic review

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Periodic reviews

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Breach, revocation and amendment of drug treatment and testing orders

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Copies of orders

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Drug treatment and testing orders: supplementary

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Orders for persistent petty offenders

Curfew orders and community service orders for persistent petty offenders

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Chapter IV — Attendance centre orders: offenders under 21 and defaulters

Attendance centre orders

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• (1) Where—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a court would have power, but for section 227 of the Sentencing Code (restriction on imposing imprisonment on persons under 18), to commit a person aged under 21 to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the court may, if it has been notified by the Secretary of State that an attendance centre is available for the reception of persons of his description, order him to attend at such a centre, to be specified in the order, for such number of hours as may be so specified.

• (2) An order under subsection (1) above is in this Act referred to as an “attendance centre order”.

• (3) The aggregate number of hours for which an attendance centre order may require a person to attend at an attendance centre shall not be less than 12 except where—

• (a) he is aged under 14; and

• (b) the court is of the opinion that 12 hours would be excessive, having regard to his age or any other circumstances.

• (4) The aggregate number of hours shall not exceed 12 except where the court is of the opinion, having regard to all the circumstances, that 12 hours would be inadequate, and in that case—

• (a) shall not exceed 24 where the person is aged under 16; and

• (b) shall not exceed 36 where the person is aged 16 or 17.

• (5) A court may make an attendance centre order in respect of a person before a previous attendance centre order made in respect of him has ceased to have effect, and may determine the number of hours to be specified in the order without regard—

• (a) to the number specified in the previous order; or

• (b) to the fact that that order is still in effect.

• (6) An attendance centre order shall not be made unless the court is satisfied that the attendance centre to be specified in it is reasonably accessible to the person concerned, having regard to his age, the means of access available to him and any other circumstances.

• (7) The times at which a person is required to attend at an attendance centre shall, as far as practicable, be such as to avoid—

• (a) any conflict with his religious beliefs or with the requirements of any other youth community order 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.

• (8) The first time at which the person is required to attend at an attendance centre shall be a time at which the centre is available for his attendance in accordance with the notification of the Secretary of State, and shall be specified in the order.

• (9) The subsequent times shall be fixed by the officer in charge of the centre, having regard to the person’s circumstances.

• (10) A person shall not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.

• (11) Where a court makes an attendance centre order, the designated officer for the court shall—

• (a) deliver or send a copy of the order to the officer in charge of the attendance centre specified in it; and

• (b) deliver a copy of the order to the person in respect of whom it is made or serve a copy on that person in accordance with Criminal Procedure Rules.

• (12) Where a person (“the defaulter”) has been ordered to attend at an attendance centre in default of the payment of any sum of money—

• (a) on payment of the whole sum to any person authorised to receive it, the attendance centre order shall cease to have effect;

• (b) on payment of a part of the sum to any such person, the total number of hours for which the defaulter is required to attend at the centre shall be reduced proportionately, that is to say by such number of complete hours as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part bears to the whole sum.

Breach, revocation and amendment of attendance centre orders

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Schedule 5 to this Act (which makes provision for dealing with failures to comply with attendance centre orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect.

Provision, regulation and management of attendance centres

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Chapter V — Community orders available only where offender aged under 18

Supervision orders

Supervision orders

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