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

PDF Download

articles Not indexed

Reform history JSON API

(a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and

(b) it was in the offender’s possession, or under the offender’s control, as a result of that request.

Exercise of power to make deprivation order

155

(1) In considering whether to make a deprivation order in respect of any property, a court must have regard to—

(a) the value of the property, and

(b) the likely financial and other effects on the offender of making the order (taken together with any other order that the court contemplates making).

(2) Where a deprivation order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.

(3) For the effect of proceedings relating to confiscation orders on the court's powers under this section, see the following provisions of the Proceeds of Crime Act 2002—

(a) section 13(2) (where confiscation order is made);

(b) section 15A (where court sentences before confiscation proceedings).

Deprivation order: property to be taken into possession of police or Secretary of State

156

(1) Where the court makes a deprivation order in respect of an offender for an offence, this section applies to the property to which the order relates.

(2) If the court considers that the offence—

(a) related to immigration or asylum, or

(b) was committed for a purpose in connection with immigration or asylum,

it may order that the property is to be taken into the possession of the Secretary of State.

(3) Property that is taken into the possession of the Secretary of State by virtue of subsection (2) is to be treated for the purposes of section 26 of the UK Borders Act 2007 (disposal of property) as property that has come into the possession of the Secretary of State as mentioned in subsection (1)(b) of that section.

(4) Unless the court makes an order under subsection (2), the property is to be taken into the possession of the police (if it is not already in their possession).

Property to which a deprivation order applies: orders by magistrates' court

157

(1) This section applies where property to which a deprivation order relates is in the possession of the police by virtue of section 156(4).

(2) A magistrates' court may, on the application of a police officer or a claimant of the property—

(a) order the delivery of the property to the person appearing to the court to be its owner, or

(b) if its owner cannot be ascertained, make any other order about the property.

This is subject to subsection (3).

(3) If the application is made by a claimant of the property, the court may make an order under subsection (2) only if—

(a) the application is made before the end of the period of 6 months beginning with the day on which the deprivation order is made, and

(b) the claimant satisfies the court—

(i) that the claimant did not consent to the offender's possession of the property, or

(ii) if the deprivation order was made by virtue of section 153(3) (property used for purposes of offence), that the claimant did not know, and had no reason to suspect, that the property was likely to be used for a purpose mentioned in section 153(3).

(4) Any right of a person to take legal proceedings against a person in possession of property by virtue of an order under subsection (2)—

(a) ceases at the end of the 6 month period mentioned in subsection (3)(a), but

(b) is not otherwise affected by the order.

Regulations about unclaimed property to which deprivation order applies

158

(1) The property about which regulations under section 2 of the Police (Property) Act 1897 (disposal of unclaimed property in possession of the police) may be made includes property which is in the possession of the police by virtue of section 156(4) and in respect of which—

(a) no application under section 157 was made by a claimant of the property during the 6 month period mentioned in subsection (3)(a) of that section, or

(b) no such application has succeeded.

(2) Where section 2 of the Police (Property) Act 1897 applies by virtue of this section the restrictions in subsections (2A)(a) and (3) of that section (restrictions about dealing with property within a year) do not apply.

(3) Regulations made by virtue of this section may not provide for the local policing body to become the owner of property which is the subject of an order under section 159 (court order as to application of property subject to deprivation order).

Application of proceeds of property subject to deprivation order

159

(1) This section applies where a court makes a deprivation order in respect of any property and—

(a) the offence was one which resulted in a person suffering personal injury, loss or damage, or

(b) any such offence is taken into consideration by the court in determining sentence.

(2) The court may also make an order that any proceeds which—

(a) arise out of the disposal of the property, and

(b) do not exceed a sum specified by the court,

are to be paid to the person.

(3) The court may make an order under this section only if it is satisfied that, but for the inadequacy of the offender's means, it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the amount specified under subsection (2)(b).

(4) An order under this section has no effect—

(a) before the end of the 6 month period mentioned in section 157(3)(a), or

(b) if a successful application under—

(i) section 157, or

(ii) section 1(1) of the Police (Property) Act 1897,

has been made.

Orders for forfeiture etc under other Acts

160

(1) For circumstances in which the court may be required to order forfeiture of certain material, see—

Function of making order	Description of order
section 4A(1) of the Dangerous Dogs Act 1991	certain offences under that Act: contingent order for destruction of dog
section 25 or 29I of the Public Order Act 1986	forfeiture of written material or recordings to which certain offences under Part 3 or 3A of that Act apply (racial or religious hatred or hatred on grounds of sexual orientation)
section 1(4) of the Obscene Publications Act 1964	forfeiture of articles seized under section 3 of the Obscene Publications Act 1959 where person convicted under section 2 of that Act.

(2) For provision about other forfeiture orders and deprivation orders etc that are available to courts dealing with offenders for particular offences, see—

Power to make order	Description of order
section 18 of the Cultural Property (Armed Conflicts) Act 2017	offence under section 17 of that Act: forfeiture of unlawfully exported property
section 11 of the Modern Slavery Act 2015	forfeiture of vehicle, ship or aircraft on conviction of offence under section 2 of that Act (human trafficking)
sections 7 and 11A of the Terrorism Act 2006	forfeiture of certain things in offender's possession for purposes of offence under—section 6 of that Act (training for terrorism), orsection 9 or 10 of that Act (misuse of or threats connected with radioactive device or material)
sections 33, 35, 37, 38 and 40 of the Animal Welfare Act 2006	deprivation and destruction of animals and equipment on conviction of certain offences under that Act
section 23 of the Terrorism Act 2000	forfeiture of money and property on conviction of certain offences under that Act (terrorist property offences)
section 23A of the Terrorism Act 2000	forfeiture of money and property on conviction of—certain offences under that Act or the Terrorism Act 2006, oroffences ... which have a terrorist connection
section 120A of the Terrorism Act 2000	supplementary power to forfeit items on conviction of certain offences under that Act (weapons training and possessing things and collecting information for the purposes of terrorism)
section 6 of the Knives Act 1997	offences under sections 1 and 2 of that Act: forfeiture of knives and publications
sections 4 and 4A(4) of the Dangerous Dogs Act 1991	order for destruction of dog, or contingent destruction order, on conviction of certain offences under that Act
section 33C of the Environmental Protection Act 1990	deprivation of rights in vehicle used for certain offences under—section 33 of that Act, orthe Environmental Permitting Regulationsconsisting of the disposal or deposit of waste
section 6 of the Crossbows Act 1987	offence under that Act: forfeiture or disposal of crossbow or any part
section 7 of the Forgery and Counterfeiting Act 1981	order for forfeiture of objects relating to offences under Part 1 of that Act (forgery and kindred offences)
section 24(3) of the Forgery and Counterfeiting Act 1981	forfeiture of anything related to an offence under section 19 of that Act (reproducing British currency notes or making imitation British coins)
section 42(3) of the Health and Safety at Work etc Act 1974	offence under relevant statutory provisions (within the meaning of that Act): forfeiture of explosive article or substance
section 25C of the Immigration Act 1971	forfeiture of ship, vehicle or aircraft connected with offence under section 25, 25A or 25B of that Act (assisting unlawful immigration to member State or entry to the UK in certain circumstances)
section 27 of the Misuse of Drugs Act 1971	forfeiture order in case of certain offences under—that Act, orcertain provisions of the Proceeds of Crime Act 2002
section 52 of the Firearms Act 1968	forfeiture and disposal of firearm in certain cases including—offences under that Act,offence for which custodial sentence is imposed,certain offences under the Violent Crime Reduction Act 2006, andother circumstances where conditions are imposed on offender with respect to firearms
section 3 of the Children and Young Persons (Harmful Publications) Act 1955	forfeiture of copies of work to which the Act applies and other articles on conviction under section 2 of that Act
section 1(2) of the Prevention of Crime Act 1953	offence under section 1(1) of that Act (carrying offensive weapon without reasonable excuse or lawful authority)
section 3 of the Incitement to Disaffection Act 1934	power to order destruction etc of documents connected with offence under that Act.

(3) Nothing in this section is to be taken to affect—

(a) the power of a court to make an order under this Chapter,

(b) any function of a court of making an order mentioned in the table in subsection (1) or (2), or

Confiscation orders under other Acts

161

For provision about confiscation orders, see—

(a) the Proceeds of Crime Act 2002, or

(b) in relation to an offence committed before 24 March 2003—

(i) the Drug Trafficking Act 1994;

(ii) Part 6 of the Criminal Justice Act 1988.

Chapter 5 — Income reduction orders

Income reduction order

161A

(1) In this Code “income reduction order” means an order under this Chapter that—

(a) is made in respect of an offender for an offence, and

(b) requires the offender, for the period in respect of which the order has effect, to pay such percentage of the offender’s excess monthly income as is determined by the court.

(2) For the purposes of subsection (1)(b), “the offender’s excess monthly income” means such of the offender’s monthly income as exceeds an amount specified in regulations made by the Secretary of State.

(3) For the purposes of subsection (2), “monthly income” means monthly income after deduction of such amounts as may be specified in the regulations.

(4) The regulations may make further provision about how the court is to determine the offender’s monthly income.

(5) The amount specified under subsection (2) must not be less than an amount equal to 170 times the hourly amount of the national minimum wage.

(6) For further provision about determining the percentage of the offender’s excess monthly income payable under an income reduction order, see section 161B.

(7) In this section “national minimum wage” means such single hourly rate as is for the time being specified in regulations under section 1 (3) of the National Minimum Wage Act 1998.

Determining the amount payable under an income reduction order

161B

(1) The Secretary of State must by regulations make provision about how the court is to determine the percentage of the offender’s excess monthly income payable under an income reduction order.

(2) Provision made by regulations under subsection (1) must secure that the percentage determined by the court does not exceed a specified percentage.

(3) The percentage specified by virtue of subsection (2) must not exceed twenty per cent.

(4) Provision made by virtue of subsection (1) may include provision for the percentage to depend on (among other things)—

(a) the offence or offences committed;

(b) how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine);

(5) In this section, “specified” means specified in the regulations.

Further provision about income reduction orders

161C

(1) The Secretary of State may by regulations make such further provision about income reduction orders as the Secretary of State considers appropriate.

(2) Regulations under subsection (1) may make provision about payments under an income reduction order including (among other things)—

(a) provision about the form and manner in which payments must or may be made;

(b) provision for payments to be made to a specified person, or a person of a specified description;

(d) provision about interest on any unpaid amounts payable under an income reduction order.

(3) Regulations under subsection (1) may—

(a) make provision for monitoring compliance with income reduction orders;

(b) make provision for the enforcement of income reduction orders, including provision about the recovery of any unpaid amounts under an income reduction order;

(4) The provision that may be made by virtue of subsection (3)(a)and (b) includes—

(a) provision for a specified person, or a person of a specified description, to require the provision of documents or information;

(b) provision for a specified person, or a person of a specified description, to require the offender to attend at a place and answer questions.

(5) In this section, “specified” means specified in the regulations.

Income reduction order: availability

161D

(1) An income reduction order is available to a court by or before which an offender is convicted of an offence where—

(a) the offence is committed on or after the date on which section 3 of the Sentencing Act 2026 comes fully into force,

(b) the offender is aged at least 18 when convicted of the offence,

(i) the offence, or

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

(d) when the sentence is imposed—

(i) the offender’s monthly income exceeds such amount as is specified in regulations under section 161A(2), or

(ii) it appears to the court that the offender’s monthly income will exceed that amount during the operational period of the suspended sentence order.

(2) The Secretary of State may, by regulations, make provision about circumstances in which a court may not make an income reduction order.

(3) Where an income reduction order is available, the court may make such an order whether or not it also deals with the offender for the offence in any other way.

Making an income reduction order

161E

(1) An income reduction order must specify—

(a) the percentage of the offender’s excess monthly income payable under the order,

(b) the period for which the order has effect,

(d) the person to whom payments under the order must be made.

(2) The period for which the order has effect may not exceed the operational period of the suspended sentence order mentioned in section 161D(1)(c).

(3) In determining—

(a) whether to make an income reduction order against an offender, or

(b) the percentage of the offender’s excess monthly income payable under the order,

the court must have regard to the offender’s means, so far as they appear or are known to the court.

(4) Where the court considers—

(a) that it would be appropriate to impose both an income reduction order and one or more of—

(i) a compensation order,

(ii) an unlawful profit order, or

(iii) a slavery and trafficking reparation order, but

(b) that the offender has insufficient means to pay both the income reduction order and appropriate amounts under such of those orders as it would be appropriate to make,

the court must give preference to such of the orders in paragraph (a)(i)to (iii) as it would be appropriate to make (though it may impose an income reduction order as well).

(5) For the effect of proceedings in relation to confiscation orders on the court’s powers in relation to income reduction orders, see the following provisions of the Proceeds of Crime Act 2002—

(a) section 13 (where confiscation order has been made);

(b) section 15A (where court sentences before confiscation proceedings).

(6) In this section—

“the operational period” has the meaning given by section 288(2);

“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;

“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

Variation or discharge of income reduction order

161F

(1) An income reduction order may be varied or discharged by the court that made it if, on an application by a person within subsection (2), it appears to the court, having regard to any change in the circumstances since the order was made, to be appropriate to do so.

(2) The persons are—

(a) the offender;

(b) an officer of a provider of probation services.

(3) The power to vary an order includes power to decrease the percentage of the offender’s excess monthly income payable under the order.

(4) But the court may not exercise the power in subsection (1) so as to increase the percentage payable under the order.

Income reduction orders: supplementary

161G

(1) In this Chapter—

“income” means income chargeable to income tax within the meaning of the Income Tax Acts;

“monthly income” has the meaning given by section 161A(3);

“the offender’s excess monthly income” has the meaning given by section 161A(2);

“primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of Senedd Cymru, orNorthern Ireland legislation.

(2) The Secretary of State may by regulations amend the definition of “income” in subsection (1).

(3) Regulations under this Chapter may amend primary legislation.

(4) Regulations under this Chapter are subject to the affirmative resolution procedure.

PART 8 — Disqualification

CHAPTER 1 — Driving disqualification

Driving disqualification order

162

In this Code “driving disqualification order” means an order made under this Chapter in respect of an offender that the offender is disqualified, for the period specified in the order, for holding or obtaining a driving licence.

Driving disqualification: availability for any offence

163

(1) A driving disqualification order is available to the court by or before which an offender is convicted of an offence if—

(a) the offence was committed on or after 1 January 1998, and

(b) the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court (and the notice has not been withdrawn).

(2) Where a driving disqualification order is available by virtue of this section, the court may make a driving disqualification order whether or not it also deals with the offender for the offence in any other way.

Driving disqualification order: availability where vehicle used for purposes of crime

164

(1) A driving disqualification order is available also where—

(a) an offender is convicted on indictment of an offence,

(b) the offence is punishable on indictment with imprisonment for a term of 2 years or more, and

(c) the Crown Court is satisfied that a motor vehicle was used (by the offender or by anyone else) for the purpose of committing, or facilitating the commission of, the offence.

(2) For the purposes of subsection (1), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—

(a) disposing of any property to which the offence relates, or

(b) avoiding apprehension or detection.

(3) A driving disqualification order is available to the court by or before which an offender is convicted of an offence also where—

(a) the offence is—

(i) common assault, or

(ii) any other offence involving an assault (including an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) related to, or incitement to commit, an offence),

(b) the offence was committed on or after 1 July 1992, and

Disqualification period

165

Where a court makes a driving disqualification order in respect of an offender for an offence, the disqualification period must be such period as the court considers appropriate.

Extension of disqualification where custodial sentence also imposed

166

(1) This section applies where a court—

(a) imposes a custodial sentence on an offender for an offence, and

(b) makes a driving disqualification order in respect of the offender for the same offence.

(2) But this section does not apply where the custodial sentence is—

(a) a suspended sentence, or

(b) a life sentence in relation to which the court makes a whole life order under section 321(3).

(3) The disqualification period must be—

(a) the discretionary disqualification period, and

(b) the appropriate extension period.

(4) The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.

(5) The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—

	Sentence	Length of appropriate extension period
1	a detention and training order under section 233 (offenders under 18: detention and training orders)	half the term of the detention and training order
1ZA	a sentence of detention under section 250 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender	half the term of the sentence of detention
1A	a sentence of detention under section 252A (special sentence of detention for certain offenders of particular concern)	two-thirds of the term imposed pursuant to section 252A(5) (the appropriate custodial term)
2	an extended sentence of detention under section 254 (persons under 18)	two-thirds of the term imposed pursuant to section 254(a) (the appropriate custodial term)
3	a sentence under section 265 (special custodial sentence for certain offenders of particular concern: adults aged 18 to 20)	two-thirds of the term imposed pursuant to section 265(2)(a) (the appropriate custodial term)
4	an extended sentence of detention in a young offender institution	two-thirds of the term imposed pursuant to section 266(a) (the appropriate custodial term)
4A	a serious terrorism sentence of detention in a young offender institution	the term imposed pursuant to section 268C(2) (the appropriate custodial term)
5	a sentence under section 278 (special custodial sentence for certain offenders of particular concern: adults aged 21 and over)	two-thirds of the term imposed pursuant to section 278(2)(a) (the appropriate custodial term)
6	an extended sentence of imprisonment	two-thirds of the term imposed pursuant to section 279(a) (the appropriate custodial term)
6A	a serious terrorism sentence of imprisonment	the term imposed pursuant to section 282C(2) (the appropriate custodial term)
6B	a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (4) or (5) of that section	two-thirds one-half of the sentence
6BA	a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section	two-thirds of the sentence
6C	a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender	two-thirds of the sentence
7	a life sentence in relation to which a minimum term order is made under section 321(2)	the term specified in the minimum term order
8	any other case	half one-third of the custodial sentence imposed.

(5A) In the case of a sentence specified in entry 2, 4 or 6 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.

(6) Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.

(7) Where—

(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and

(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”),

the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, entry 8 specified the new proportion.

(7) Subsection (7A) applies where—

(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and

(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).

(7A) The Secretary of State may by regulations—

(a) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry 1ZA specified the new proportion;

(b) if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6B specified the new proportion;

(c) if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6BA specified the new proportion;

(d) if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 8 specified the new proportion.

(8) Regulations under subsection (7) (7A) are subject to the affirmative resolution procedure.

(9) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by subsection (7) (7A).

Effect of custodial sentence in other cases

167

(1) This section applies where a court makes a driving disqualification order in respect of an offender for an offence, and—

(a) it imposes a custodial sentence (other than a suspended sentence) on the offender for another offence, or

(b) a custodial sentence previously imposed on the offender has not expired.

(2) In determining the disqualification period, the court must, so far as it is appropriate to do so, have regard to the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

But the court may not take into account for this purpose any custodial sentence that it imposes on the offender for the offence.

(3) In this section, “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).

Requirement to produce licences where driving disqualification order made

168

A court which makes a driving disqualification order in respect of an offender must require the offender to produce any (and, if more than one, all) of the following held by the offender—

(a) a driving licence;

(b) a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988);

Driving disqualification orders: interpretation

169

In this Chapter—

“disqualification period”, in relation to a driving disqualification order made in respect of an offender, means the period specified in the order as the period for which the offender is disqualified for holding or obtaining a driving licence;

“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.

Road Traffic Offenders Act 1988: further provision about driving disqualification etc

170

(1) Part 2 of the Road Traffic Offenders Act 1988 makes further provision about driving disqualification.

Provision applying to driving disqualification orders under this Chapter2For provision about the effect of driving disqualification orders under this Chapter see in particular—asection 37 (effect of order of disqualification);bsections 39, 40 and 42 (suspension and removal of disqualification);csection 43 (rule for determining end of period of disqualification).

Other orders under that Act available on conviction of certain offences3For other orders available on conviction of certain road traffic offences see, in particular, the following provisions of that Act—asection 34 (disqualification);bsection 35 (disqualification for repeated offences);csection 36 (disqualification until test is passed);dsection 44 (endorsement of driving record).

CHAPTER 2 — Disqualification etc under other Acts

Offences relating to animals

171

(1) For orders relating to disqualification and licensing in the case of offences under the Animal Welfare Act 2006, see the following provisions of that Act—

(a) section 34 (disqualification);

(b) section 42 (orders with respect to licences).

(2) See section 4 of the Dangerous Dogs Act 1991 for orders relating to disqualification in the case of offences under that Act.

(3) See section 66 of the Police, Crime, Sentencing and Courts Act 2022 (disqualification order on conviction for certain offences involving dogs) for orders relating to disqualification in the case of offences involving dogs under that Act, the Night Poaching Act 1828 and the Game Act 1831.

Company directors

172

See sections 2 and 5 of the Company Directors Disqualification Act 1986 (company director disqualification orders) for provision about orders available in relation to certain offences relating to companies, building societies and other bodies.

PART 9 — Community sentences

CHAPTER 1 — Youth rehabilitation orders

What a youth rehabilitation order is

Youth rehabilitation order

173

(1) In this Code, “youth rehabilitation order” means an order imposing one or more youth rehabilitation requirements.

(2) The youth rehabilitation requirements are listed in column 1 of the youth rehabilitation requirements table (see section 174).

(3) Provision about each requirement is made by the Part of Schedule 6 mentioned in the corresponding entry in column 2 of that table.

Youth rehabilitation requirements table

174

(1) The youth existing rehabilitation requirements table referred to in sections 173, 184 and 186 is—

Requirement	Part of Schedule 6 relating to requirement	Restrictions on availability
activity requirement	Part 1
extended activity requirement	Part 1	section 185(1)
supervision requirement	Part 2
unpaid work requirement	Part 3	section 185(2)
programme requirement	Part 4
attendance centre requirement	Part 5
prohibited activity requirement	Part 6
curfew requirement	Part 7
exclusion requirement	Part 8
residence requirement	Part 9
local authority residence requirement	Part 10
fostering requirement	Part 11	section 175(2)(b), section 185(3)
mental health treatment requirement	Part 12
drug treatment requirement	Part 13
drug testing requirement	Part 14
intoxicating substance treatment requirement	Part 15
education requirement	Part 16
electronic monitoring requirement electronic compliance monitoring requirement	Part 17	section 185(4)
electronic whereabouts monitoring requirement	Part 17	section 185(5)

(2) See section 198A for provision about an electronic monitoring requirement imposed by a youth rehabilitation order made in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).

Youth rehabilitation order with intensive supervision and surveillance

175

(1) In this Code “youth rehabilitation order with intensive supervision and surveillance” means a youth rehabilitation order which imposes—

(a) an extended activity requirement (see paragraph 2 of Schedule 6),

(b) a supervision requirement, and

(c) a curfew requirement (and, accordingly, if so required by paragraph 19(3) of Schedule 6, an electronic monitoring requirement electronic compliance monitoring requirement), and

(d) in relation to an order made on or after the day on which paragraph 16 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, an electronic whereabouts monitoring requirement, unless paragraph 48 of Schedule 6 prevents such a requirement from being imposed.

(2) A youth rehabilitation order with intensive supervision and surveillance—

(a) may impose other youth rehabilitation requirements, but

(b) may not impose a fostering requirement.

Youth rehabilitation order with fostering

176

(1) In this Code “youth rehabilitation order with fostering” means a youth rehabilitation order which imposes—

(a) a fostering requirement (see Part 11 of Schedule 6), and

(b) a supervision requirement.

(2) A youth rehabilitation order with fostering may also impose other requirements.

But this is subject to section 175(2) (fostering requirement not available with intensive supervision and surveillance).

Availability

Youth rehabilitation order: availability

177

(1) A youth rehabilitation order is available to a court by or before which an offender is convicted of an offence if the offender is aged under 18 at the time of the conviction.

(2) Subsection (1) is subject to—

(a) subsection (3), and

(b) section 37(8) of the Mental Health Act 1983 (youth rehabilitation order not to be made in combination with hospital order or guardianship order in respect of same offence).

(3) A youth rehabilitation order is not available if a mandatory sentence requirement applies in relation to the offence (see section 399)—

(a) because the sentence is fixed by law, or

(b) by virtue of—

(i) section 258 or 258A (required sentence of detention for life), or

(ii) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).

Youth rehabilitation order with intensive supervision and surveillance or fostering: availability

178

(1) A youth rehabilitation order which is—

(a) a youth rehabilitation order with intensive supervision and surveillance, or

(b) a youth rehabilitation order with fostering,

is available only in respect of an imprisonable offence.

(2) This is subject to paragraph 11(2) of Schedule 7 (powers of court in case of wilful and persistent failure to comply with youth rehabilitation order).

Exercise of power to make youth rehabilitation order

Exercise of power to make youth rehabilitation order: general considerations

179

(1) This section applies where a court is dealing with an offender for an offence and a youth rehabilitation order is available.

(2) The court must not make a youth rehabilitation order unless 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 serious enough to warrant the making of such an order.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and any associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(5) The fact that, by virtue of subsection (2), the court may make a youth rehabilitation order does not require it to do so.

(6) Before making a youth rehabilitation order, the court must obtain and consider information about—

(a) the offender's family circumstances, and

(b) the likely effect of a youth rehabilitation order on those circumstances.

Making youth rehabilitation order with intensive supervision and surveillance or fostering

180

(1) This section applies where either of the following orders is available to a court dealing with an offender for an offence—

(a) a youth rehabilitation order with intensive supervision and surveillance;

(b) a youth rehabilitation order with fostering.

(2) The court must not make an order of either of those kinds unless it is of the opinion—

(a) that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, if such an order were not available, a custodial sentence—

(i) would be appropriate, or

(ii) where the offender is aged under 12 when convicted, would be appropriate if the offender were aged 12, and

(b) if the offender is aged under 15 when convicted, that the offender is a persistent offender.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

Making youth rehabilitation order where offender subject to other order

181

Offender subject to detention and training order1Where a court makes a youth rehabilitation order in respect of an offender who is subject to a detention and training order, the court may order that the youth rehabilitation order is to take effect—awhen the period of supervision in respect of the detention and training order begins in accordance with section 242 (the period of supervision), orbon the expiry of the detention and training order.2For the purposes of subsection (1)—athe references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (detention and training orders made by service courts), andbthe reference to section 242 includes that provision as applied by section 213 of that Act.3For those purposes, the references in subsections (1) and (2) to a detention and training order include an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (and references to section 242 include references to section 103 of that Act).

Offender subject to youth rehabilitation order or reparation order4A court must not make a youth rehabilitation order in respect of an offender when—aanother youth rehabilitation order, orba reparation order,is in force in respect of the offender, unless when it makes the order it revokes the earlier order.5For the purposes of subsection (4)—athe reference in paragraph (a) to another youth rehabilitation order includes an order under section 1 of the Criminal Justice and Immigration Act 2008, andbthe reference in paragraph (b) to a reparation order includes an order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000.

Court dealing with offender for offences including one of which the offender is convicted when aged 186A court may not make a youth rehabilitation order in respect of an offence if it makes a suspended sentence order for any other offence for which it deals with the offender.

Youth rehabilitation order: effect of remand in custody

182

(1) In determining the restrictions on liberty to be imposed by a youth rehabilitation order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—

(a) the offence, or

(b) any other offence the charge for which was founded on the same facts or evidence.

(2) For this purpose a person is remanded in custody if—

(a) remanded in or committed to custody by order of a court,

(b) remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or

Concurrent and consecutive orders

183

(1) This section applies where a court is dealing with an offender for two or more offences.

(2) If the court makes an order of any of the following kinds in respect of one of the offences—

(a) a youth rehabilitation order with intensive supervision and surveillance,

(b) a youth rehabilitation order with fostering, or

it may not make a youth rehabilitation order of another of those kinds in respect of the other offence, or any of the other offences.

(3) If the court makes—

(a) two or more youth rehabilitation orders with intensive supervision and surveillance, or

(b) two or more youth rehabilitation orders with fostering,

those orders must take effect at the same time (in accordance with section 198).

(4) Subsections (5) to (7) apply where the court includes requirements of the same kind in two or more youth rehabilitation orders.

(5) The court must direct, for each kind of requirement—

(a) whether the requirements are to be concurrent or consecutive, or

(b) if more than two requirements of that kind are imposed, which are to be concurrent and which consecutive.

(6) But the court may not direct that two or more fostering requirements are to be consecutive.

(7) Where the court directs that two or more requirements of the same kind are to be consecutive, the numbers of hours, days or months specified in relation to each of them—

(a) are to be aggregated, but

(b) in aggregate, must not exceed the maximum number which may be specified in relation to any one of them.

(8) For the purposes of subsections (4) to (7), requirements are of the same kind if they fall within the same Part of Schedule 6.

Available requirements

Youth rehabilitation order: available requirements

184

(1) Any youth rehabilitation requirement imposed by a youth rehabilitation order must be a requirement that is available to the court which makes the order.

(2) A youth rehabilitation requirement is available unless a provision mentioned in column 3 of the entry for that requirement in the youth rehabilitation requirements table (see section 174) provides otherwise.

Youth rehabilitation order: availability of particular requirements

185

Extended activity requirement1An extended activity requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with intensive supervision and surveillance.

Unpaid work requirement2An unpaid work requirement is not available for a youth rehabilitation order in respect of an offence unless the offender is aged 16 or 17 when convicted of the offence.

Fostering requirement3A fostering requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with fostering.

Electronic monitoring requirement requirements4An electronic monitoring requirement electronic compliance monitoring requirement is not available for a youth rehabilitation order unless the order imposes at least one other youth rehabilitation requirement.

5An electronic whereabouts monitoring requirement is not available for a youth rehabilitation order in respect of an offence unless the offender was convicted of the offence on or after the day on which paragraph 6 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).

Exercise of power to impose particular requirements

Youth rehabilitation order: exercise of power to impose particular requirements

186

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

Restrictions and obligations relating to imposing particular requirements2The power to impose a particular youth rehabilitation requirement is subject to the provisions of the Part of Schedule 6 relating to requirements of that kind (see column 2 of the table in section 174).

Suitability3The particular youth rehabilitation requirement or combination of youth rehabilitation requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender.In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements).4The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular youth rehabilitation requirement or combination of youth rehabilitation requirements is suitable for the offender.5In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is the most suitable for the offender, the court may take into account any information about the offender which is before it.

Restrictions on liberty to be commensurate with seriousness6The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of—athe offence, orbthe combination of the offence and one or more offences associated with it.In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements).7In forming its opinion for the purposes of subsection (6), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.8The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.9The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a youth rehabilitation order does not require the court to impose those restrictions.

Compatibility with other requirements and other matters10If the order imposes two or more requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.This is subject to sections 175 and 176 and paragraphs 19(3) and 21 of Schedule 6 (certain types of youth rehabilitation order to contain certain requirements).11The court must ensure, as far as practicable, that any requirement imposed by the order is such as to avoid—aany conflict with the offender's religious beliefs,bany interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, andcany conflict with the requirements of any other court order to which the offender may be subject,and satisfies any additional restrictions that the Secretary of State may specify in regulations.12Regulations under subsection (11) are subject to the negative resolution procedure.

Making a youth rehabilitation order: contents

Youth rehabilitation order to specify end date

187

(1) A youth rehabilitation order must specify a date (the “end date”) by which all the requirements in it must have been complied with.

(2) The end date must be—

(a) not more than 3 years, and

(b) in the case of a youth rehabilitation order with intensive supervision and surveillance, not less than 6 months,

after the date on which the order takes effect.

(3) If a youth rehabilitation order imposes two or more different youth rehabilitation requirements—

(a) the order may also specify, for each of the requirements, a date by which the requirement must have been complied with;

(b) if it does so, the last of those dates must be the same as the end date.

Youth rehabilitation order to specify offender's home local justice area

188

(1) A youth rehabilitation order must specify which local justice area is the offender's home local justice area.

(2) The area specified must be the local justice area in which the offender resides or will reside.

Power for Crown Court to direct magistrates' court supervision

189

(1) This section applies where the Crown Court makes a youth rehabilitation order otherwise than on appeal from a magistrates' court.

(2) The Crown Court may include a direction that the order is to be subject to magistrates' court supervision.

For the effect of such a direction, see Schedule 7 (breach, revocation or amendment of youth rehabilitation order).

190

(1) This section applies when a court makes a youth rehabilitation order.

(2) The court must forthwith provide copies of the order—

(a) to the offender,

(b) if the offender is aged under 14, to the offender's parent or guardian,

(c) to a member of a youth offending team assigned to the court or to an officer who is acting at the court and is an officer of a provider of probation services, and

(d) if the court does not act in the offender's home local justice area, to a provider of probation services operating in that area.

(3) If the order imposes a requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement requiring residence with an individual	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution	The person in charge of the institution
A local authority residence requirement	The local authority specified under paragraph 24(3)(b) of Schedule 6
A mental health treatment requirement	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement	The treatment director specified under paragraph 36(3)(b)(i) of Schedule 6
An education requirement	The relevant authority specified under paragraph 39(2)(a) of Schedule 6
An electronic monitoring requirement An electronic compliance monitoring requirement	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
An electronic monitoring requirement An electronic compliance monitoring requirement	Any person without whose consent the requirement could not be included in the order.
An electronic whereabouts monitoring requirement	Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order.

(4) If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in the offender's home local justice area with—

(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 in that area in the exercise of its functions in relation to the order.

Obligations of responsible officer and offender

The responsible officer

191

(1) For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means the person identified in subsection ... (3) or (4).

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

(3) If the only youth rehabilitation requirement imposed by the order is an attendance centre requirement, the responsible officer is the officer in charge of the attendance centre specified in the order.

(4) In any other case the responsible officer is the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Chapter on the responsible officer.

(5) In subsection (4) “qualifying officer”, means—

(a) a member of a youth offending team established by a local authority specified in the order for the purposes of this section, or

(b) an officer of a provider of probation services acting in the offender's home local justice area.

Obligations of responsible officer

192

(1) This section applies where a youth rehabilitation order is in force.

Functions of the responsible officer2The responsible officer must—amake any arrangements that are necessary in connection with the requirements imposed by the order,bpromote the offender's compliance with those requirements, andcwhere appropriate, take steps to enforce those requirements.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions by responsible officer4In giving instructions to the offender in pursuance of the order, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid—aany conflict with the offender's religious beliefs,bany interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, andcany conflict with the requirements of any other court order to which the offender may be subject,and satisfies any additional restrictions that the Secretary of State may specify in regulations.5Regulations under subsection (4) are subject to the negative resolution procedure.

Duty of offender to keep in touch with responsible officer etc

193

(1) This section applies where a youth rehabilitation order is in force.

(2) The offender—

(a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and

(b) must notify the responsible officer of—

(i) any name which the offender uses but which is not mentioned in the youth rehabilitation order,

(ii) each of the offender’s telephone numbers and email addresses (if any), and

(iii) any change of address.

(2A) The offender must comply with subsection (2)(b)(i) and (ii) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.

(3) An obligation under subsection (2) is enforceable as if it were a youth rehabilitation requirement of the youth rehabilitation order.

(4) This section applies in relation to youth rehabilitation orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.

Review

Power to provide for court review of youth rehabilitation orders

194

(1) The Secretary of State may by regulations—

(a) enable or require a court making a youth rehabilitation order to provide for the order to be reviewed periodically by that or another court,

(b) enable a court to amend a youth rehabilitation order so as to include or remove a provision for review by a court, and

(2) Regulations under this section may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders.

(3) Regulations under this section may repeal or amend any provision of this Chapter.

(4) Regulations under this section are subject to the affirmative resolution procedure.

Breach, revocation or amendment of order

Breach, revocation or amendment of youth rehabilitation order

195

Schedule 7 makes provision about—

(a) failures to comply with the requirements of youth rehabilitation orders, and

(b) revocation and amendment of youth rehabilitation orders.

Transferring order to Northern Ireland

Transfer of youth rehabilitation orders to Northern Ireland

196

Schedule 8 makes provision about the transfer of youth rehabilitation orders to Northern Ireland.

Youth rehabilitation orders: supplementary

Youth rehabilitation orders: interpretation

197

In this Chapter, except where the contrary intention appears—

“end date”, in relation to a youth rehabilitation order, means the date for the time being specified in the order under—section 187 (youth rehabilitation order to specify end date),paragraph 10(4) of Schedule 7 (power to substitute later end date on breach), orparagraph 18(1) of that Schedule (extension of order);

“home local justice area”, in relation to a youth rehabilitation order, means the local justice area for the time being specified in the order under—section 188, orparagraph 15(2) of Schedule 7;

“the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, has the meaning given by section 191;

“youth rehabilitation requirement” has the meaning given by section 173.

When a youth rehabilitation order is in force

198

(1) A youth rehabilitation order takes effect at the beginning of the day on which it is made.

(2) But a court making a youth rehabilitation order may order that it is to take effect instead on a later date (and see, in particular, section 181(1)).

(3) A youth rehabilitation order is in force for the period—

(a) beginning when it takes effect, and

(b) ending—

(i) with the end date, or

(ii) if later, when the offender has completed any unpaid work requirement imposed by the order.

(4) But a youth rehabilitation order ceases to be in force when it is revoked.

(5) An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.

Electronic monitoring requirement previously imposed

198A

(1) This section applies where an electronic monitoring requirement was imposed by a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).

(2) In this section “electronic monitoring requirement” has the meaning given by paragraph 41 of Schedule 6 as it had effect before the day mentioned in subsection (1).

(3) The electronic monitoring requirement is not affected by the renaming of electronic monitoring requirements as electronic compliance monitoring requirements by that Act.

(4) This Chapter applies in relation to the youth rehabilitation order as if any reference to an electronic compliance monitoring requirement were to an electronic monitoring requirement.

Youth rehabilitation orders: Isles of Scilly

199

(1) This Chapter has effect in relation to the Isles of Scilly with such exceptions, adaptations and modifications as the Secretary of State may by regulations specify.

(2) Regulations under this section are subject to the negative resolution procedure.

CHAPTER 2 — Community orders

What a community order is

Community order

200

(1) In this Code “community order” means an order imposing one or more community order requirements.

(2) The community order requirements are listed in column 1 of the community order requirements table (see section 201).

(3) Provision about each requirement is made by the Part of Schedule 9 mentioned in the corresponding entry in column 2 of that table.

Community order requirements table

201

The community order requirements table referred to in sections 200, 206 and 208 is—

Availability

Community order: availability

202

(1) A community order is available to a court by or before which an offender is convicted of an offence if—

(a) the offender is aged 18 or over when convicted, and

(b) the offence is punishable with imprisonment by that court.

(2) Subsection (1) is subject to—

(a) subsection (3),

(b) section 203 (restriction on making both community order and suspended sentence order), and

(c) section 37(8) of the Mental Health Act 1983 (community order not to be made in combination with hospital order or guardianship order in respect of same offence).

(3) A community order is not available in respect of an offence in relation to which a mandatory sentence requirement applies (see section 399).

But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).

Restriction on making both community order and suspended sentence order

203

A court may not make a community order in respect of an offence if it makes a suspended sentence order in respect of—

(a) the offence,

(b) any other offence of which the offender is convicted by or before it, or

Exercise of power to make community order

Exercise of power to impose community order: general considerations

204

(1) This section applies where a community order is available.

(2) The court must not make a community order unless 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 serious enough to warrant the making of such an order.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(5) The fact that, by virtue of subsection (2), the court may make a community order does not require it to do so.

Community order: effect of remand in custody

205

(1) In determining the restrictions on liberty to be imposed by a community order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—

(a) the offence, or

(b) any other offence the charge for which was founded on the same facts or evidence.

(2) For this purpose, a person is remanded in custody if—

(a) remanded in or committed to custody by order of a court,

(b) remanded to youth detention accommodation (see subsection (3)), or

(3) The reference in subsection (2)(b) to being remanded to youth detention accommodation—

(a) has the same meaning as in Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail): see, in particular, section 91 of that Act, but

(b) also includes a reference to being remanded or committed before 3 December 2012 to local authority accommodation under section 23 of the Children and Young Persons Act 1969 and—

(i) kept in secure accommodation (within the meaning of that section), or

(ii) detained in a secure training centre pursuant to arrangements under subsection (7A) of that section.

Available requirements

Community order: available requirements

206

(1) A court may not make a community order which imposes a community order requirement that is not an available requirement.

(2) A community order requirement is an available requirement unless a provision mentioned in column 3 of the entry for that requirement in the community order requirements table (see section 201) provides otherwise.

Community order: availability of particular requirements

207

Alcohol abstinence and monitoring requirement1An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring).2An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under 25(7)(b) of that Schedule (prescribed alcohol level).

Attendance centre requirement3An attendance centre requirement is not an available requirement unless —athe offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, andbthe offender was aged under 25 when convicted of the offence.

Drug testing requirement3AA drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

Electronic compliance monitoring requirement4An electronic compliance monitoring requirement is not an available requirement in relation to a community order unless the community order imposes at least one other available requirement, other than—aan alcohol abstinence and monitoring requirement;ban electronic whereabouts monitoring requirement.

Exercise of power to impose requirements

Community order: exercise of power to impose particular requirements

208

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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.