Legalize / United Kingdom / Public General Act

Sentencing Act 2020

Type Public General Act

Publication 2020-10-22

Last updated 2026-07-25

State In force

Department Statute Law Database

Source legislation.gov.uk

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(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;

(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.

Regulations under Chapter

51

(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.

CHAPTER 5 — Duties to explain or give reasons

Duty to give reasons for and to explain effect of sentence

52

(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,

(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 guidelines6The court must identify any sentencing guidelines relevant to the offender's case and—aexplain 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);bwhere the court was satisfied it would be contrary to the interests of justice to follow the guidelines, state why.7Where 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 188If 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—asection 179(2), andbparagraph (a) and, if applicable, paragraph (b) of section 180(2).9If—athe offender is aged under 18, andbthe 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.

Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian

53

(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.

Duty to give reasons where reparation order not made

54

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.

Duty to give reasons where compensation order not made

55

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.

Other duties of court to give reasons where certain orders not made

56

(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	Criminal Justice and Police Act 2001	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	Animal Welfare Act 2006	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	Football Spectators Act 1989	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	Prevention of Social Housing Fraud Act 2013	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	Modern Slavery Act 2015	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.

PART 4 — Exercise of court's discretion

CHAPTER 1 — Purposes of sentencing

Purposes of sentencing: adults

57

(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),

(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.

Offenders aged under 18: considerations of court not affected by Code

58

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).

CHAPTER 2 — Sentencing guidelines

Sentencing guidelines: general duty of court

59

(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);

(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.

Sentencing guidelines: determination of sentence

60

(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

(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.

Sentencing guidelines: extended sentences , serious terrorism sentences and life sentences

61

Extended sentence: determination of appropriate custodial term1Subsection (2) applies where a court is considering whether to impose an extended sentence for an offence.2In 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 term2ASubsection (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 condition3Subsection (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.4In 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 sentence5Subsection (6) applies where a court imposes a non-fixed life sentence for an offence.6Section 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8In this section “non-fixed life sentence” means—aa sentence of imprisonment for life (other than a sentence fixed by law),ba sentence of detention for life under section 250, orca sentence of custody for life under section 272.

Sentencing guidelines duties: interpretation

62

(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.

CHAPTER 3 — Seriousness and determining sentence

Generally

Assessing seriousness

63

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.

Aggravating factors

Offence committed on bail

64

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.

Previous convictions

65

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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);

(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.

Hostility

66

(1) This section applies where a court is considering the seriousness of an offence which is aggravated by—

(a) racial hostility,

(b) religious hostility,

(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;

(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.

Assaults on emergency workers

67

(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);

(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).

Emergency workers for the purposes of section 67

68

(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;

(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.

Assaults on those providing a public service etc

68A

(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);

(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.

Terrorist connection

69

(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

(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.

Offences where foreign power or designated body condition met

69A

(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.

Using minor to mind weapon

70

(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.

Sexual grooming of child

70A

(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

(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),

(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.

Supply of controlled drug near school premises or involving child

71

(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.

Supply of psychoactive substance in certain circumstances

72

(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).

Mitigating factors

Reduction in sentence for guilty plea

73

(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);

(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).

Reduction in sentence for assistance to prosecution

74

(1) This section applies where the Crown Court is determining what sentence to pass in respect of an offence on an offender who—

(a) pleaded guilty to the offence,

(b) was convicted in the Crown Court or committed to the Crown Court for sentence, and

(i) the investigator,

(ii) or the specified prosecutor or any other prosecutor,

in relation to that or any other offence.

(2) The court may take into account the extent and nature of the assistance given or offered.

(3) If the court passes a sentence which is less than it would have passed but for the assistance given or offered, it must state in open court—

(a) that it has passed a lesser sentence than it would otherwise have passed, and

(b) what the greater sentence would have been.

This is subject to subsection (4).

(4) If the court considers that it would not be in the public interest to disclose that the sentence has been discounted by virtue of this section—

(a) subsection (3) does not apply,

(b) the court must give a written statement of the matters specified in subsection (3)(a) and (b) to—

(i) the prosecutor, and

(ii) the offender, and

(c) sections 52(2) and 322(4) (requirement to explain reasons for sentence or other order) do not apply to the extent that the explanation will disclose that a sentence has been discounted by virtue of this section.

(4A) Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial term for serious terrorism sentences) affects the court's power under subsection (2) so far it relates to determining the appropriate custodial term.

(5) 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 (2).

Specified prosecutors

75

(1) In section 74 “specified prosecutor” is to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).

(2) The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under—

(a) section 74, and

(b) sections 387 to 389 (assistance for prosecution etc: review of sentence).

(3) The Attorney General may revise any guidance issued under subsection (2).

Effect of Code on other powers of court in assessing seriousness

Effect of Chapter on other powers of court to consider seriousness

76

Nothing in this Chapter that requires or permits a court to take any matter into account for the purpose of sentencing an offender for an offence is to be taken to prevent a court taking any other matter into account for that purpose.

Basis of opinion provisions not to affect power to mitigate sentences

77

(1) Nothing in any of the basis of opinion provisions prevents a court from mitigating an offender's sentence by taking into account any matters that, in the opinion of the court, are relevant in mitigation of sentence.

(2) Section 230(2) (threshold for imposing discretionary custodial sentence) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it,

was so serious that a community sentence could not normally be justified for the offence.

(3) Nothing in any of the basis of opinion provisions prevents a court—

(a) from mitigating any penalty included in an offender's sentence by taking into account any other penalty included in that sentence, and

(b) in the case of an offender who is convicted of one or more other offences, from mitigating the offender's sentence by applying any rule of law as to the totality of sentences.

(4) Subsections (2) and (3) are not to be taken to limit subsection (1).

(5) In this section “basis of opinion provision” means any of the following—

(a) section 30 or 33 (pre-sentence reports and other requirements);

(b) section 124, 125 or 126 (fixing of fine);

(c) section 179, 180 or 186(3) to (9) (exercise of power to impose youth rehabilitation order, with or without intensive supervision and surveillance or fostering, and other requirements);

(d) section 204 or 208(3) to (9) (exercise of power to impose community order, and community requirements);

(e) section 230, 231 or 232 (imposing custodial sentences).

Basis of opinion provisions: offenders suffering from a mental disorder

78

(1) Nothing in any of the basis of opinion provisions is to be taken—

(a) as requiring a court to pass—

(i) a custodial sentence, or

(ii) any particular custodial sentence,

on an offender suffering from a mental disorder, or

(b) as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.

(2) In this section—

“mental disorder” has the same meaning as in the Mental Health Act 1983 (see section 1 of that Act);

“basis of opinion provision” has the same meaning as in section 77.

THIRD GROUP OF PARTS — Disposals

PART 5 — Absolute and conditional discharge

Order for absolute discharge

79

(1) In this Code “order for absolute discharge” means an order discharging an offender absolutely in respect of an offence.

Availability2An order for absolute discharge is available to a court dealing with an offender for an offence where—athe offender is convicted by or before the court, andbthe offence is not one in relation to which a mandatory sentence requirement applies (see section 399).

Exercise of power to make order for absolute discharge3Where it is available, the court may make an order for absolute discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—athe nature of the offence, andbthe character of the offender.

Effect on other orders4Nothing in this section is to be taken to prevent a court, on discharging an offender absolutely in respect of an offence, from—aimposing any disqualification on the offender,bmaking any of the following orders in respect of the offence—ia compensation order (see section 133);iian order under section 152 (deprivation orders);iiia restitution order (see section 147);ivan unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,cmaking an order under section 46 (criminal courts charge), ordmaking an order for costs against the offender.

Order for conditional discharge

80

(1) In this Code “order for conditional discharge” means an order discharging an offender for an offence subject to the condition that the offender commits no offence during the period specified in the order (referred to in this Code as “the period of conditional discharge”).

Availability2An order for conditional discharge is available to a court dealing with an offender for an offence where—athe offender is convicted by or before the court, andbthe offence is not one in relation to which a mandatory sentence requirement applies (see section 399).3But see the following for circumstances where an order for conditional discharge is not available—asection 66ZB(6) of the Crime and Disorder Act 1998 (effect of youth cautions);bsection 66F of that Act (youth conditional cautions);csection 103I(4) of the Sexual Offences Act 2003 (breach of sexual harm prevention order and interim sexual harm prevention order etc);dsection 339(3) (breach of criminal behaviour order);dasection 342G(4) (offences relating to a serious violence reduction order);esection 354(5) (breach of sexual harm prevention order);fsection 39(6) of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).

Exercise of power to make order for conditional discharge4Where it is available, the court may make an order for conditional discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—athe nature of the offence, andbthe character of the offender.5The period of conditional discharge specified in an order for conditional discharge must be a period of not more than 3 years beginning with the day on which the order is made.6On making an order for conditional discharge, the court may, if it thinks it expedient for the purpose of the offender's reformation, allow any person who consents to do so to give security for the good behaviour of the offender.

Effect on other orders7Nothing in this section prevents a court, on making an order for conditional discharge in respect of an offence, from—aimposing any disqualification on the offender,bmaking any of the following orders in respect of the offence—ia compensation order (see section 133),iian order under section 152 (deprivation orders), oriiia restitution order (see section 147), orivan unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,cmaking an order under section 46 (criminal courts charge), ordmaking an order for costs against the offender.

Commission of further offence by person conditionally discharged

81

Schedule 2 makes provision that applies where a person in respect of whom an order for conditional discharge has been made commits a further offence during the period of conditional discharge.

Effect of discharge

82

(1) This section applies where—

(a) an order for absolute discharge, or

(b) an order for conditional discharge,

is made in respect of an offence.

(2) The conviction of that offence is to be deemed not to be a conviction for any purpose other than the purposes of—

(a) the proceedings in which the order is made, and

(b) in the case of an order for conditional discharge, any subsequent proceedings which may be taken against the offender under Schedule 2.

This is subject to subsection (3).

(3) In the case of an order for conditional discharge, if the offender is sentenced (under Schedule 2) for the offence—

(a) the order ceases to have effect, and

(b) if the offender was aged 18 or over when convicted of the offence, subsection (2) ceases to apply to the conviction.

(4) Without prejudice to subsections (2) and (3), the offender's conviction is in any event to be disregarded for the purposes of any enactment or instrument which—

(a) imposes any disqualification or disability upon convicted persons, or

(b) authorises or requires the imposition of any such disqualification or disability.

(5) Subsections (2) to (4) do not affect—

(a) any right of the offender to rely on the conviction in bar of any subsequent proceedings for the same offence, or

(b) the restoration of any property in consequence of the conviction.

(6) In subsection (4)—

“enactment” includes an enactment contained in a local Act;

“instrument” means an instrument having effect by virtue of an Act.

(7) Subsection (2) has effect subject to the following (which concern rights of appeal)—

(a) section 50(1A) of the Criminal Appeal Act 1968, and

(b) section 108(1A) of the Magistrates' Courts Act 1980.

Nothing in this subsection affects any other enactment that excludes the effect of subsection (2) or (4) for particular purposes.

PART 6 — Orders relating to conduct

CHAPTER 1 — Referral orders for offenders aged under 18

Making referral orders

Referral order

83

(1) In this Code “referral order” means an order—

(a) which requires an offender to attend each of the meetings of a youth offender panel established for the offender by a youth offending team, and

(b) by virtue of which the offender is required to comply, for a particular period, with a programme of behaviour to be agreed between the offender and the panel in accordance with this Part (which takes effect as a youth offender contract).

(2) For the court's power to order other persons to attend meetings of the panel, see section 90.

(3) For provision about—

(a) the youth offender panel, see section 91;

(b) the youth offender contract, see section 96.

(4) For the purposes of this Code, references to an offender being referred to a youth offender panel are to a referral order being made in respect of the offender.

Referral order: availability

84

(1) A referral order is available to a court dealing with an offender for an offence where—

(a) the court is a youth court or other magistrates' court,

(b) the offender is aged under 18 when convicted,

(d) the court is not proposing to—

(i) impose a custodial sentence, or

(ii) make a hospital order (within the meaning of the Mental Health Act 1983),

in respect of the offence or any connected offence,

(e) the court is not proposing to make—

(i) an order for absolute discharge, or

(ii) an order for conditional discharge,

in respect of the offence, and

(f) the offender pleaded guilty to the offence or to any connected offence.

(2) But a referral order is not available unless the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).

Duty and power to make referral order

85

(1) Where a referral order is available—

(a) the court must make a referral order if the compulsory referral conditions are met;

(b) otherwise, the court may make a referral order.

(2) The compulsory referral conditions are met where—

(a) the offence is an imprisonable offence,

(b) the offender pleaded guilty to the offence and to any connected offence, and

(i) convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) But the compulsory referral conditions are not met if—

(a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b) the offender has previously been convicted by or before a court in a member State of any offence

(3) For the effect of making a referral order on the court's other sentencing powers, see section 89.

Making of referral order: general

86

(1) A referral order must specify—

(a) the youth offending team which is to establish a youth offender panel for the offender, and

(b) the period for which any youth offender contract which takes effect by virtue of the order is to have effect.

(2) That period must be—

(a) not less than 3 months, and

(b) not more than 12 months.

(3) The youth offending team specified in the order must be the team which has the function of implementing referral orders in the area in which it appears to the court that the offender resides or will reside.

(4) On making a referral order the court must explain to the offender in ordinary language—

(a) the effect of the order, and

(b) the consequences which may follow—

(i) if no youth offender contract takes effect between the offender and the panel, or

(ii) if the offender breaches a youth offender contract.

Nothing in this subsection affects the court's duty under section 52 (duty to give reasons for and explain effect of sentence).

Referral order consecutive to earlier referral order

87

(1) Where—

(a) a court makes a referral order (“the later order”), and

(b) the offender is subject to an earlier referral order,

the court may direct that any youth offender contract under the later order is not to take effect until the earlier order is revoked or discharged.

(2) For this purpose, the reference to an earlier referral order includes an order made under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders).

Making of referral order: connected offences

88

(1) This section applies where a court makes referral orders in respect of two or more connected offences.

(2) The referral orders have the effect of referring the offender to a single youth offender panel.

(3) Accordingly, provision made by the orders under section 83(1)(a) and section 86(1)(a) (which relates to the youth offending team and a youth offender panel) must be the same for each referral order.

(4) The court may direct that the period specified under section 86(1)(b) in any of the referral orders is to run—

(a) concurrently with, or

(b) in addition to,

the period specified in another of the referral orders.

(5) But a direction under subsection (4) must not result in a total period of more than 12 months.

(6) For the purposes of this Chapter, each of the orders mentioned in subsection (1) is associated with each other of those orders.

Making of referral order: effect on court's other sentencing powers

89

(1) This section applies where a court makes a referral order in respect of an offence.

(2) In dealing with the offender for any connected offence, the court must—

(a) sentence the offender by making a referral order, or

(b) make an order for absolute discharge.

(3) In dealing with the offender in respect of the offence or any connected offence, the court may not—

(a) order the offender to pay a fine,

(b) make any of the following orders—

(i) a youth rehabilitation order;

(ii) an order under section 1(2A) of the Street Offences Act 1959;

(iii) a reparation order;

(iv) an order for conditional discharge.

(4) The court may not make—

(a) an order binding the offender over to keep the peace or to be of good behaviour, or

(b) an order under section 376 (binding over of parent or guardian),

in connection with the offence or any connected offence.

(5) Nothing in section 85 or subsection (2) affects any power or duty of a magistrates' court under—

(a) section 25 (power and duty to remit young offenders to youth courts for sentence),

(b) section 10(3) of the Magistrates' Courts Act 1980 (adjournment for inquiries), or

(c) section 35, 38, 43 or 44 of the Mental Health Act 1983 (remand for reports, interim hospital orders and committal to Crown Court for restriction order).

(6) Nothing in this section affects any power of a court, where it revokes a referral order, to re-sentence an offender for the offence in respect of which the order was made.

Order requiring parents etc to attend meetings

90

(1) This section applies where a court makes a referral order.

(2) The court—

(a) may make an order requiring—

(i) the appropriate person, or

(ii) if there are two or more appropriate persons, one or more of them,

to attend the meetings of the youth offender panel, and

(b) must do so if the offender is aged under 16 when the referral order is made.

(3) If the offender is—

(a) a looked-after child, and

(b) aged under 16 when the referral order is made,

the person or persons required under subsection (2) to attend those meetings must include at least one representative of the responsible authority.

(4) But an order under subsection (2) must not require a person to attend those meetings—

(a) if the court is satisfied that it would be unreasonable to do so, or

(b) to an extent which the court is satisfied would be unreasonable.

(5) For the purposes of this section, each of the following is an appropriate person in relation to an offender—

(a) if the offender is a looked-after child—

(i) a representative of the responsible authority, and

(ii) each person who is a parent or guardian of the offender with whom the offender is allowed to live;

(b) otherwise, each person who is a parent or guardian of the offender.

(6) In this section—

“looked-after child” means a child who is (within the meaning of the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014 (anaw 4)) looked after by a local authority, and

“responsible authority”, in relation to a looked-after child, means the authority by which the child is looked after.

(7) The court must forthwith send a copy of an order under subsection (2)—

(a) to each person required by the order to attend meetings of the panel, and

(b) to any responsible authority whose representative is required by the order to attend meetings of the panel,

unless the person was present, or the authority was represented, in court when the order was made.

Youth offender panels

Establishment of youth offender panels

91

(1) This section applies where a court has made a referral order (or two or more associated referral orders).

(2) The specified youth offending team must establish a youth offender panel for the offender.

(3) The youth offender panel must—

(a) be constituted,

(b) conduct its proceedings, and

in accordance with guidance issued from time to time by the Secretary of State.

(4) But at each of its meetings the panel must consist of at least—

(a) one member appointed by the specified youth offending team from among its members, and

(b) two members appointed by that team who are not members of the team.

(5) The Secretary of State may by regulations make provision requiring persons appointed as members of a youth offender panel to—

(a) have qualifications specified in the regulations;

(b) satisfy other criteria so specified.

(6) Regulations under subsection (5) are subject to the negative resolution procedure.

(7) The Secretary of State may revise any guidance issued under subsection (3).

Attendance at panel meetings: offender and parent or guardian

92

(1) This section applies to each meeting of the youth offender panel established for the offender.

(2) The specified youth offending team must notify—

(a) the offender, and

(b) any person to whom an order under section 90 (requirement to attend meetings of the panel) applies,

of the time and place at which the person is required to attend the meeting.

(3) If the offender fails to attend any part of the meeting the panel may—

(a) adjourn the meeting to such time and place as the panel may specify (in which case subsection (2) applies to the adjourned meeting), or

(b) end the meeting and refer the offender back to court.

Failure of parent or guardian to comply with order under section 90

93

(1) If—

(a) a parent or guardian of an offender fails to comply with an order under section 90 (orders requiring parents etc to attend meetings), and

(b) the offender is aged under 18 at the time of the failure,

the youth offender panel may refer the parent or guardian to a youth court acting in the local justice area in which it appears to the panel that the offender resides or will reside.

(2) To make the referral, the panel must send a report to the youth court explaining why the parent or guardian is being referred to it.

(3) A youth court which receives a report under subsection (2) must cause the parent or guardian to appear before it.

(4) For that purpose, a justice acting in the local justice area in which the court acts may—

(a) issue a summons requiring the parent to appear before that youth court at the place and time specified in it, or

(b) if the report is substantiated on oath, issue a warrant for the parent's arrest which requires the parent to be brought before that court.

(5) For the youth court's power to make a parenting order where the panel refers the parent or guardian under this section, see section 368 (parenting order where parent or guardian fails to attend meeting of panel).

(6) Making a parenting order under that section does not affect the order under section 90.

(7) Accordingly, section 63(1) to (4) of the Magistrates' Courts Act 1980 (power to deal with person for breach of order etc) applies in relation to an order under section 90 (in addition to this section and section 368).

Attendance at panel meetings: other persons

94

(1) At a meeting of a youth offender panel, the offender may be accompanied by one person aged 18 or over chosen by the offender with the agreement of the panel.

(2) It need not be the same person who accompanies the offender to every meeting.

(3) The panel may allow any of the following to attend a meeting—

(a) a victim;

(b) any person who appears to the panel to be someone capable of having a good influence on the offender.

(4) If the panel allows a victim to attend a meeting of the panel, it may allow the victim to be accompanied to the meeting by one person chosen by the victim with the agreement of the panel.

(5) For the purposes of subsections (3) and (4) “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences in respect of which the offender was referred to the panel.

Youth offender contracts

Duty of youth offending team to arrange initial meetings of panel

95

(1) Where a court has made a referral order (or two or more associated referral orders), the specified youth offending team must arrange the first meeting of the youth offender panel established for the offender.

(2) The specified youth offending team must also arrange any further meeting of the panel that may be held under section 98(2)(b) (resuming consideration).

Agreement of youth offender contract with offender

96

(1) This section applies to—

(a) the first meeting of a youth offender panel established for an offender, and

(b) any further meeting of the panel held under section 98(2)(b) (resuming consideration).

(2) At the meeting the panel must seek to reach agreement with the offender on a programme of behaviour whose aim (or principal aim) is to prevent re-offending by the offender.

(3) Schedule 3 makes provision about the programme.

(4) Where a programme is agreed between the offender and the panel, the panel must produce a written record of the programme forthwith—

(a) in language capable of being readily understood by, or explained to, the offender,

(b) for signature by the offender, and

(5) Once the record has been signed by the offender and on behalf of the panel—

(a) the terms of the programme, as set out in the record, take effect as the terms of a “youth offender contract” between the offender and the panel, and

(b) the panel must provide a copy of the record to the offender.

Duration of compliance period

97

(1) This section applies where a youth offender contract has taken effect between an offender and a youth offender panel.

(2) The compliance period begins with the day on which the youth offender contract takes effect.

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