Sentencing Act 2020

• (a) specify the intervals at which the order is to be reviewed,

• (b) provide for each review to be made, subject to section 295, at a hearing held for the purpose by the responsible court (a “review hearing”),

• (c) require the offender to attend each review hearing, and

• (d) provide for a report by an officer of a provider of probation services on the offender's progress in complying with the community requirements of the order (a “progress report”) to be made to the responsible court before each review.

• (3) If the suspended sentence order—

• (a) imposes a drug rehabilitation requirement, and

• (b) contains provision for review under this section,

the provision for review must not include provision relating to that requirement (but see paragraph 22 of Schedule 9 for separate provision about review of such a requirement).

• (4) In this section “the responsible court” in relation to a suspended sentence order means—

• (a) if a court is specified in the order in accordance with subsection (5), that court;

• (b) otherwise, the court by which the order is made.

• (5) Where—

• (a) a suspended sentence order is made by a magistrates' court, and

• (b) the offender's home local justice area is not the area in which the court acts,

the order may specify that the responsible court is to be a magistrates' court which acts in the offender's home local justice area.

• (6) A suspended sentence order made on an appeal from—

• (a) the Crown Court, or

• (b) the Court of Appeal,

is to be taken for the purposes of subsection (4)(b) to have been made by the Crown Court.

• (7) Nothing in this section applies in relation to suspended sentence orders which qualify for special procedures for the purposes of section 293A.

Review of suspended sentence order qualifying for special procedures

293A

• (1) A suspended sentence order that—

• (a) imposes one or more community requirements, and

• (b) qualifies for special procedures for the purposes of this section,

may make provision for the order to be reviewed periodically (“provision for review”).

• (2) Where a suspended sentence order contains provision for review under this section, it must—

• (a) specify the intervals at which the order is to be reviewed,

• (b) provide for each review to be made, subject to section 294, at a hearing held for the purpose by the responsible court (a “review hearing”),

• (c) require the offender to attend each review hearing, and

• (d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community requirements of the order (a “progress report”) to be made to the responsible court before each review.

• (3) In this section “the responsible court”, in relation to a suspended sentence order, means the court by which the order is made.

• (4) For more about suspended sentence orders that qualify for special procedures, see section 395A.

Review hearings: power to amend community requirements etc

294

• (1) This section applies where a review hearing is held on a review of a suspended sentence order by virtue of section 293 or 293A.

• (2) The court may, after considering the progress report, amend—

• (a) the community requirements of the suspended sentence order, or

• (b) any provision of the order which relates to those requirements.

• (3) But the court—

• (a) may not amend the community requirements of the order so as to impose a requirement of a different kind unless the offender expresses willingness to comply with that requirement,

• (b) may not amend—

• (i) a mental health treatment requirement,

• (ii) a drug rehabilitation requirement, or

• (iii) an alcohol treatment requirement,

unless the offender expresses willingness to comply with the requirement as amended,

• (c) may amend the supervision period only if the period as amended complies with section 288(4),

• (d) may not amend the operational period, and

• (e) except with the consent of the offender, may not amend the order while an appeal against the order is pending.

• (4) For the purposes of subsection (3)(a)—

• (a) a community requirement of a kind within any entry in the table in section 287 is of the same kind as any other community requirement within that entry, and

• (b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

• (5) If the court is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, the court may adjourn the hearing so that it can deal with the case forthwith under paragraph 13 of Schedule 16 (powers of court to deal with offender on breach of requirement or subsequent conviction).

• (5A) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 16.

• (6) In this section—

• “review hearing”, and

• “progress report”,

have the meanings given by section 293(2) (or, as the case may be, section 293A(2).

Suspended sentence order: alteration of periodic review arrangements

295

• (1) Subsections (2) and (3) apply where the court—

• (a) considers the progress report relating to a review under section 293 or 293A (the “current review”), and

• (b) forms the opinion that the offender's progress in complying with the community requirements of the order is satisfactory.

• (2) If the court forms that opinion before a review hearing is held at the current review—

• (a) it may order that no review hearing is to be held at the current review, and

• (b) it may amend the suspended sentence order so as to provide for each subsequent review to be held without a review hearing.

• (3) If a review hearing is held at the current review, the court may at the hearing amend the suspended sentence order so as to provide for each subsequent review to be held without a review hearing.

• (4) If at a review held without a review hearing the court—

• (a) considers the progress report, and

• (b) forms the opinion that the offender's progress under the order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a specified time and place.

• (5) At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 293(2)(a) or 293A(2)(a).

• (6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised—

• (a) in the case of the Crown Court, by a judge of the court, and

• (b) in the case of a magistrates' court, by a justice of the peace.

• (7) In this section—

• “review hearing”, and

• “progress report”,

have the meanings given by section 293(2) (or, as the case may be, section 293A(2)).

Making a suspended sentence order with community requirements

Order to specify offender's home local justice area

296

• (1) A suspended sentence order which imposes any community requirement must specify the area which is the offender's home local justice area.

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

Power to direct magistrates' court supervision of order

297

• (1) Where the Crown Court makes a suspended sentence order which imposes any community requirement, it may make a direction that the order is to be subject to magistrates' court supervision.

For the effect of such a direction, see Parts 2 and 3 of Schedule 16 (breach or amendment of a community requirement of a suspended sentence order).

• (2) Subsection (1) does not apply to a suspended sentence order that qualifies for special procedures for the purposes of section 293A.

Provision of copies of order and related documents

298

• (1) This section applies on the making by a court of a suspended sentence order which imposes one or more community requirements.

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

• (a) to the offender,

• (b) to the responsible officer,

• (c) to an officer of a provider of probation services that is a public sector provider who is acting at the court, and

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

• (3) If the order imposes any 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.

The requirement	The person to whom a copy must be provided
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 relating to residence in an institution.	The person in charge of the institution
A mental health treatment requirement.	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
An electronic monitoring requirement	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 that 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.

• (5) In subsection (2) “public sector provider” means—

• (a) a probation trust or other public body, or

• (b) the Secretary of State.

Suspended sentence order with community requirement: obligations of responsible officer and offender

Responsible officer

299

• (1) This section applies for the purposes of this Chapter in relation to a suspended sentence order made in respect of an offender which imposes one or more community requirements.

• (2) “The responsible officer”, in relation to the offender, means the person who for the time being is responsible for discharging the functions conferred by this Chapter on the responsible officer in accordance with arrangements made by the Secretary of State.

• (3) The responsible officer must be—

• (a) an officer of a provider of probation services, or

• (b) a person responsible for monitoring the offender in accordance with an electronic monitoring requirement imposed by the order.

Obligations of responsible officer

300

• (1) This section applies during the supervision period of a suspended sentence order which imposes any community requirement.

Functions of the responsible officer2The responsible officer must—amake any arrangements that are necessary in connection with the requirements imposed by the order, andbpromote the offender's compliance with those requirements.3This is subject to paragraph 16(6) of Schedule 9 (in-patient treatment under mental health treatment requirement).

Exercise of functions by responsible officer4The responsible officer must also ensure, as far as practicable, that any instruction given or requirement imposed by the responsible officer is such as to avoid—aany conflict with the offender's religious beliefs,bany conflict with the requirements of any other court order to which the offender may be subject, andcany interference with the times, if any, at which the offender normally—iworks, oriiattends any educational establishment,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

301

• (1) This section applies during the supervision period of a suspended sentence order which imposes one or more community requirements.

• (2) In the case of any suspended sentence order (whenever the offender was convicted) the offender—

• (a) must keep in touch with the responsible officer in accordance with such instructions as 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 suspended sentence order, and

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

• (2ZA) The offender must comply with subsection (2)(b) 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 this section is enforceable as if it were a community requirement imposed by the suspended sentence order.

• (4) The obligations under subsection (2) apply in relation to suspended sentence orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.

Duty to obtain permission before changing residence

302

• (1) This section applies during the supervision period of a suspended sentence order which imposes one or more community requirements.

But it does not apply if the order includes a residence requirement (see paragraph 13 of Schedule 9).

• (2) The offender must not change residence without permission given in accordance with this section by—

• (a) the responsible officer, or

• (b) a court.

• (3) The obligation imposed by subsection (2) has effect as if it were a community requirement imposed by the suspended sentence order.

• (4) The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.

• (5) A court may also give permission in any proceedings before it under Schedule 16 (breach or amendment of orders etc).

• (6) The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—

• (a) is likely to prevent the offender complying with a requirement imposed by the suspended sentence order, or

• (b) would hinder the offender's rehabilitation.

• (7) The responsible officer must refuse an application for permission if—

• (a) the offender's present residence is in England or Wales, and

• (b) the offender's proposed residence is outside England and Wales.

• (8) For cases in which a suspended sentence order has to be amended because of permission given under this section, see paragraph 23 of Schedule 16 (amendment to reflect change in local justice area).

• (9) In this section “the appropriate court” has the same meaning as in Schedule 16.

Activation of sentence and amendment of order etc

Breach or amendment of suspended sentence order, and effect of further conviction

303

Schedule 16 makes provision about—

• (a) the effect of any further conviction where an offender is subject to a suspended sentence order,

• (aa) termination of the supervision period of a suspended sentence order, and

• (b) breach or amendment of the community requirements of a suspended sentence order.

Transferring order with community requirements to Scotland or Northern Ireland

Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements

304

Schedule 17 makes provision about the transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements.

Interpretation

Suspended sentences: interpretation

305

In this Chapter—

• “the operational period”, in relation to a suspended sentence, means the period specified under—section 288(1), orparagraph 13(1)(d)(iii) of Schedule 16 (extension of operational period on breach of order);

• “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence;

• “the supervision period”, in relation to a suspended sentence, means the period (if any) specified under—section 288(3),section 294 (review of order), orparagraph 13(1)(d)(ii) of Schedule 16 (extension of supervision period on breach of order),but subject to section 288(5) (extension to allow completion of unpaid work requirement) and paragraph 22A of Schedule 16 (termination of supervision period).

CHAPTER 6 — Dangerous offenders

Interpretation

Extended sentences: meaning of “specified offence” etc

306

• (1) An offence is a “specified offence” for the purposes of this Code if it is—

• (a) a specified violent offence,

• (b) a specified sexual offence, or

• (c) a specified terrorism offence.

• (2) In this Part—

• “serious harm” means death or serious personal injury, whether physical or psychological;

• “serious terrorism offence” means an offence that— is specified in Part 1 of Schedule 17A, oris specified in Part 2 of that Schedule and has been determined to have a terrorist connection under section 69;

• “specified violent offence” means an offence specified in Part 1 of Schedule 18;

• “specified sexual offence” means an offence specified in Part 2 of that Schedule;

• “specified terrorism offence” means an offence specified in Part 3 of that Schedule.

Life sentences: meaning of “Schedule 19 offence”

307

• (1) In this Part “Schedule 19 offence” means an offence listed in Schedule 19 (certain specified offences carrying maximum sentence on indictment of imprisonment for life).

• (2) For the purposes of Schedule 19, an offence 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, must be taken to have been committed on the last of those days.

The assessment of dangerousness

The assessment of dangerousness

308

• (1) This section applies where it falls to a court to assess under any of the following provisions (which apply where an offender has committed a specified offence, however described) whether there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences—

• (a) section 255, 267 or 280 (extended sentence for certain violent, sexual or terrorism offences);

• (aa) section 268B or 282B (serious terrorism sentence);

• (b) section 258, 274 or 285 (required life sentence for Schedule 19 offence).

• (2) In making that assessment, the court—

• (a) must take into account all the information that is available to it about the nature and circumstances of the offence,

• (b) may take into account all the information that is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,

• (c) may take into account any information which is before it about any pattern of behaviour of which any of the offences mentioned in paragraph (a) or (b) forms part, and

• (d) may take into account any information about the offender which is before it.

• (3) The reference in subsection (2)(b) to a conviction by a court includes a reference to—

• (a) a conviction of an offence in—

• (i) any 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) any proceedings before a Standing Civilian Court;

(and “conviction” here includes the recording of a finding that a charge in respect of the offence has been proved), and

• (b) a conviction of—

• (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),

(and “conviction” here includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction).

Supplementary

Appeals where previous convictions set aside or previous sentences modified

309

• (1) Subsection (3) applies where—

• (a) a sentence has been imposed on a person under section 273 or 283 (life sentence for second listed offence),

• (b) a previous conviction of that person has been subsequently set aside on appeal, and

• (c) without that conviction, the previous offence condition in section 273(5) or 283(5) would not have been met.

• (2) Subsection (3) also applies where—

• (a) a sentence has been imposed on a person under section 266 or 279 (extended sentences for adults),

• (b) the earlier offence condition was met but the 4 year term condition was not, and

• (c) any previous conviction of that person's without which the earlier offence condition would not have been met has been subsequently set aside on appeal.

For this purpose, references to the earlier offence condition and the 4 year term condition are to be read in accordance with 267 or 280 (as the case may be).

• (3) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.

• (4) Subsection (5) applies where—

• (a) a sentence has been imposed on a person under section 273 or 283,

• (b) a previous sentence imposed on that person has been subsequently modified on appeal, and

• (c) taking account of that modification, the previous offence condition in section 273(5) or 283(5) would not have been met.

• (5) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence mentioned in subsection (4)(a) may be given at any time within 28 days from the date on which the previous sentence was modified.

Certificates of conviction

310

Where—

• (a) a person is convicted in England and Wales of an offence listed in Schedule 14 or 15,

• (b) the court by or before which the person is so convicted states in open court that the person has been convicted of such an offence on that day, and

• (c) that court subsequently certifies that fact,

that certificate is evidence, for the purposes of section 267, 273, 280 or 283 (extended sentences for adults and life sentences for second listed offence), that the person was convicted of such an offence on that day.

CHAPTER 7 — Minimum sentences for particular offences

Minimum sentence for single offence

Minimum sentence for certain offences involving firearms that are prohibited weapons

311

• (1) This section applies where—

• (a) a person is convicted of an offence listed in Schedule 20 (certain offences involving firearms that are prohibited weapons), and

• (b) the offender was aged 16 or over when the offence was committed.

• (2) The court must impose an appropriate custodial sentence for a term of at least the required minimum term unless the court is of the opinion that there are exceptional circumstances which—

• (a) relate to the offence or to the offender, and

• (b) justify not doing so.

• (3) In this section “appropriate custodial sentence” means—

• (a) in the case of a person who is aged under 18 when convicted, a sentence of detention under section 250 or, in a case to which section 252A applies, under that section;

• (b) in the case of a person who is aged 18 or over but under 21 when convicted, a sentence of detention in a young offender institution (and includes, if the offence is an offence for which a person aged 21 or over would be liable to imprisonment for life, a sentence of custody for life);

• (c) in the case of a person who is aged 21 or over when convicted, a sentence of imprisonment.

• (4) In this section “the required minimum term” means—

• (a) in the case of an offender who was aged under 18 when the offence was committed, 3 years;

• (b) in the case of an offender who was aged 18 or over when the offence was committed, 5 years.

But this is subject to subsection (5).

• (5) In the case of an offence within paragraph 5 of Schedule 20, “the required minimum term” means—

• (a) in the case of an offender who was aged under 18 when convicted, 3 years;

• (b) in the case of an offender who was aged 18 or over when convicted, 5 years.

Minimum sentence for offences of threatening with weapon or bladed article

312

• (1) This section applies where a person aged 16 or over is convicted of an offence under—

• (a) section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public), or

• (b) section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).

• (2) If the offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are particular circumstances which—

• (a) relate to the offence or to the offender, and

• (b) would make it unjust to do so in all the circumstances.

• (2A) If the offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—

• (a) relate to the offence or to the offender, and

• (b) justify not doing so.

• (3) In this section “appropriate custodial sentence” means—

• (a) in the case of a person who is aged 16 or over but under 18 when convicted, a detention and training order of at least 4 months;

• (b) in the case of a person who is aged 18 or over but under 21 when convicted, a sentence of detention in a young offender institution for a term of at least 6 months;

• (c) in the case of a person who is aged 21 or over when convicted, a sentence of imprisonment for a term of at least 6 months.

• (4) This section is subject to section 252A.

Minimum sentence for repeat offences

Minimum sentence of 7 years for third class A drug trafficking offence

313

• (1) This section applies where—

• (a) a person is convicted of a class A drug trafficking offence (“the index offence”) committed on or after 1 October 1997,

• (b) when the index offence was committed, the offender—

• (i) was aged 18 or over, and

• (ii) had 2 other relevant drug convictions, and

• (c) one of the offences to which those other relevant drug convictions related was committed after the offender had been convicted of the other.

• (2) If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are particular circumstances which—

• (a) relate to any of the offences or to the offender, and

• (b) would make it unjust to do so in all the circumstances.

• (2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are exceptional circumstances which—

• (a) relate to any of the offences or to the offender, and

• (b) justify not doing so.

• (3) For the purposes of subsection (1), “relevant drug conviction” means—

• (a) a conviction in any part of the United Kingdom of a class A drug trafficking offence,

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

• (c) a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a class A drug trafficking offence, or

• (d) a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in respect of which the corresponding civil offence (within the meaning of the Act in question) is a class A drug trafficking offence, ...

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

• (3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes—

• (a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and

• (b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction.

• (4) Where—

• (a) a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way), and

• (b) the circumstances are such that, if convicted of the offence, the person could be sentenced for it under subsection (2) or (2A),

the offence is to be triable only on indictment.

• (5) In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—

• “class A drug” has the same meaning as in the Misuse of Drugs Act 1971;

• “drug trafficking offence” means an offence which is specified in—paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), orso far as it relates to that paragraph, paragraph 10 of that Schedule.

• (6) In this section “an appropriate custodial sentence” means—

• (a) in relation to an offender who is aged 21 or over when convicted of the index offence, a sentence of imprisonment;

• (b) in relation to an offender who is aged under 21 when convicted of the index offence, a sentence of detention in a young offender institution (and includes, if the index offence is an offence for which a person aged 21 or over would be liable to imprisonment for life, a sentence of custody for life).

Minimum sentence of 3 years for third domestic burglary

314

• (1) This section applies where—

• (a) a person is convicted of a domestic burglary (“the index offence”) committed on or after 1 December 1999,

• (b) when the index offence was committed—

• (i) the offender was aged 18 or over, and

• (ii) had 2 other relevant domestic burglary convictions, and

• (c) one of the burglaries to which those other relevant domestic burglary convictions relate was committed after the person had been convicted of the other.

• (2) If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are particular circumstances which—

• (a) relate to any of the offences or to the offender, and

• (b) would make it unjust to do so in all the circumstances.

• (2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which—

• (a) relate to any of the offences or to the offender, and

• (b) justify not doing so.

• (3) For the purposes of subsection (1), “relevant domestic burglary conviction” means—

• (a) a conviction in England and Wales of a domestic burglary committed on or after 1 December 1999,

• (b) a conviction in another part of the United Kingdom ... of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction,

• (c) a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence of domestic burglary, or

• (d) a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 committed on or after 1 December 1999 in respect of which the corresponding civil offence (within the meaning of the Act in question) is an offence of domestic burglary, ...

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

• (3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—

• (a) a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and

• (b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.

• (4) Where—

• (a) a person is charged with a domestic burglary which, apart from this subsection, would be triable either way, and

• (b) the circumstances are such that, if convicted of the burglary, the person could be sentenced for it under subsection (2) or (2A),

the burglary is to be triable only on indictment.

• (5) In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.

• (6) In this section “an appropriate custodial sentence” means—

• (a) in relation to a person who is aged 21 or over when convicted of the index offence, a sentence of imprisonment;

• (b) in relation to a person who is aged under 21 when convicted of the index offence, a sentence of detention in a young offender institution.

Minimum sentence for repeat offence involving weapon or bladed article or corrosive substance

315

• (1) This section applies where—

• (a) an offender is convicted of an offence (the “index offence”) under—

• (i) section 1(1) of the Prevention of Crime Act 1953 (carrying offensive weapon without lawful authority or reasonable excuse),

• (ii) section 139(1) of the Criminal Justice Act 1988 (having article with blade or point in public place), ...

• (iii) section 139A(1) or (2) of that Act (having article with blade or point or offensive weapon on education premises), or

• (iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),

• (b) the offence was committed on or after the relevant date, and

• (c) when the offence was committed, the offender—

• (i) was aged at least 16, and

• (ii) had at least one relevant conviction.

• (1A) In subsection (1)(b), “the relevant date” means—

• (a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, 6th April 2022;

• (b) in any other case, 17 July 2015.

• (2) If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are particular circumstances which—

• (a) relate to the offence, to the previous offence or to the offender, and

• (b) would make it unjust to do so in all the circumstances.

• (2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—

• (a) relate to the offence, to the previous offence or to the offender, and

• (b) justify not doing so.

• (3) In subsections (2) and (2A) “appropriate custodial sentence” means—

• (a) in the case of a person aged under 18 when convicted of the index offence, a detention and training order of at least 4 months;

• (b) in the case of a person aged 18 or over but under 21 when convicted of the index offence, a sentence of detention in a young offender institution for a term of at least 6 months;

• (c) in the case of a person aged 21 or over when convicted of the index offence, a sentence of imprisonment for a term of at least 6 months.

• (4) In this section, “relevant conviction” means—

• (a) a conviction of a relevant offence,

• (b) a conviction in another part of the United Kingdom ... of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed),

• (c) a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a relevant offence, or

• (d) a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in respect of which the corresponding civil offence (within the meaning of the Act in question) is a relevant offence, ...

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

• (4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes—

• (a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and

• (b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed).

• (5) In this section, “relevant offence” means an offence under—

• (a) section 1 or 1A of the Prevention of Crime Act 1953 (offences involving offensive weapons), ...

• (b) section 139, 139A or 139AA of the Criminal Justice Act 1988 (offences involving article with blade or point or offensive weapon), or

• (c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place)

• (6) This section is subject to section 252A.

Appeals where previous convictions set aside

316

• (1) This section applies where—

• (a) a sentence has been imposed on an offender under subsection (2) or (2A) of any of the following sections—

• (i) section 313,

• (ii) section 314, or

• (iii) section 315,

• (b) a previous conviction of the offender is subsequently set aside on appeal, and

• (c) without the previous conviction the section would not have applied.

• (2) Notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).

Certificates of conviction for purposes of sections 313 and 314

317

• (1) Subsection (2) applies where an offender is convicted—

• (a) in England and Wales of—

• (i) a class A drug trafficking offence, or

• (ii) a domestic burglary,

• (b) in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

• (c) ... or

• (d) in any part of the United Kingdom other than England and Wales... of a corresponding domestic burglary offence.

• (2) A certificate, given in accordance with subsection (3), of either or both of the following—

• (a) that the offender was convicted of that offence on the date of the conviction;

• (b) that the offence was committed on a particular day, or over, or at some time during, a particular period,

is evidence for the purposes of section 313 or 314 of the facts so certified.

• (2A) Subsection (2B) applies where an offender has been convicted—

• (a) in any member State of a corresponding drug trafficking offence, or

• (b) in any member State of a corresponding domestic burglary offence.

• (2B) For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—

• (a) that the offender was convicted of that offence on the date of the conviction;

• (b) that the offence was committed on a particular day, or over, or at some time during, a particular period.

• (3) A certificate is given in accordance with this subsection if it is—

• (a) given—

• (i) by the court by or before which the offender was convicted of the offence, and

• (ii) in the case of a court in the United Kingdom, after the court has stated in open court the facts certified by it, and

• (b) in the case of a certificate given by a court outside the United Kingdom, signed by the proper officer of the court.

• (4) In this section—

• “proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;

• “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 313 and 314 respectively;

• “corresponding drug trafficking offence” means an offence within section 313(3)(b) or (3A)(a);

• “corresponding domestic burglary offence” means an offence within section 314(3)(b) or (3A)(a).

Offences under service law

318

• (1) In sections 313 to 315 and this section—

• “civilian offence” means an offence other than—an offence under section 42 of the Armed Forces Act 2006,an offence under section 70 of the Army Act 1995, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957, ora member State service offence;

• “conviction” includes—in relation to an offence under section 42 of the Armed Forces Act 2006, anything which by virtue of section 376(1) and (2) of that Act is to be treated as a conviction, andin relation to an offence under section 42 of the Naval Discipline Act 1957 and a member State service offence, a finding of guilt in respect of the person;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State other than the United Kingdom governing all or any of the naval, military or air forces of that State.

• (2) For the purposes of section 313(3)(c) and (3A)(b) (class A drug trafficking which is an offence under section 42 of Armed Forces Act 2006 and corresponding member State service offences), where the offence was committed in a way described in paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 (attempting, conspiring, encouraging, assisting, aiding, abetting, etc) in relation to an act that, if done in England and Wales, would have constituted another offence listed in paragraph 1 of that Schedule, it must be assumed that that act was done (or would have been done) in England and Wales.

• (3) For the purposes of—

• (a) section 314(3)(c) and (3A)(b) (domestic burglary convictions under section 42 of Armed Forces Act 2006 or corresponding member State service offences), and

• (b) section 315(4)(c) and (d) (relevant weapons offences under that section or corresponding offences under previous legislation relating to the armed forces),

where the offence was committed by aiding, abetting, counselling or procuring, it must be assumed that the act aided, abetted, counselled or procured was done in England and Wales.

Minimum sentences: supplementary

Mandatory sentence requirement not to affect power to impose fine

319

Nothing in this Chapter which requires the court to impose a particular term of imprisonment or other custodial sentence is to be taken to prevent the court from exercising any power to impose a fine in addition to the custodial sentence.

Determination of day when offence committed

320

Where an offence is found to have been committed—

• (a) over a period of 2 or more days, or

• (b) at some time during a period of 2 or more days,

it is to be taken for the purposes of sections 311, 312, 313, 314 and 315 to have been committed on the last of those days.

CHAPTER 8 — Effect of life sentences

Life sentence: minimum term order or whole life order

321

• (1) Where a court passes a life sentence, it must make an order under this section.

• (2) The order must be a minimum term order unless the court is required to make a whole life order under subsection (3).

• (3) The order must be a whole life order if—

• (a) the case is within subsection (3A) or (3B), and

• (b) the court is of the opinion that, because of the seriousness of—

• (i) the offence, or

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

it should not make a minimum term order.

• (3A) A case is within this subsection if the offender was aged 21 or over when the offence was committed.

• (3B) A case is within this subsection if—

• (a) the offence was committed on or after the day on which section 126 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

• (b) the offender was aged 18 or over but under 21 when the offence was committed.

• (3C) In a case within subsection (3B), the court may arrive at the opinion set out in subsection (3)(b) only if it considers that the seriousness of the offence, or combination of offences, is exceptionally high even by the standard of offences which would normally result in a whole life order in a case within subsection (3A).

• (4) A minimum term order is an order that the early release provisions (see section 324) are to apply to the offender as soon as the offender has served the part of the sentence which is specified in the order in accordance with section 322 or 323 (“the minimum term”).

• (5) A whole life order is an order that the early release provisions are not to apply to the offender.

Mandatory life sentences: further provision

322

• (1) This section applies where a court passes a life sentence for an offence the sentence for which is fixed by law.

Minimum term2If the court makes a minimum term order, the minimum term must be such part of the offender's sentence as the court considers appropriate taking into account—athe seriousness of—ithe offence, oriithe combination of the offence and any one or more offences associated with it, andbthe effect that the following would have if the court had sentenced the offender to a term of imprisonment—isection 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);iiand section 240A of that Act (crediting periods on bail subject to certain restrictions);including the effect of any declaration that the court would have made under section 325 or 327 (specifying periods of remand on bail subject to certain restrictions or in custody pending extradition).

Determination of seriousness3In considering the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, under—asection 321(3) or (3C) (determining whether to make a whole life order), orbsubsection (2) (determining the minimum term),the court must have regard to—ithe general principles set out in Schedule 21, andiiany sentencing guidelines relating to offences in general which are relevant to the case and are not incompatible with the provisions of Schedule 21.

Duty to give reasons for minimum term order or whole life order4Where the court makes a minimum term order or a whole life order, in complying with the duty under section 52(2) to state its reasons for deciding on the order made, the court must in particular—astate which of the starting points in Schedule 21 it has chosen and its reasons for doing so, andbstate its reasons for any departure from that starting point.

Minimum term order: other life sentences

323

• (1) This section applies where a court—

• (a) passes a life sentence in circumstances in which the sentence is not fixed by law, and

• (b) makes a minimum term order.

• (1A) The starting point, in determining the minimum term, is the relevant portion of the notional determinate sentence.

• (1B) The “notional determinate sentence”, in relation to a life sentence, is the custodial sentence that the court would have imposed if the court had not imposed the life sentence.

• (1C) The “relevant portion” of the notional determinate sentence is—

• (a) where that sentence is within section 247A(2A) of the Criminal Justice Act 2003 (terrorist prisoners not entitled to early release), the term that the court would have determined as the appropriate custodial term (within the meaning given by subsection (8) of that section);

• (b) where that sentence is a sentence under section 252A, 254, 265, 266, 278 or 279 (and is not within paragraph (a)), two-thirds of the term that the court would have determined as the appropriate custodial term under that section;

• (c) where that sentence is any other custodial sentence, two-thirds of the term of the sentence.

• (2) The minimum term must be the starting point adjusted as the court considers appropriate, taking into account—

• (a) the seriousness of—

• (i) the offence, or

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

• (b) ... and

• (c) the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

• (i) section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

• (ii) section 240A of that Act (crediting periods of remand on bail subject to certain restrictions);

including the effect of any declaration which the court would have made under section 325 or 327 (specifying periods of remand on bail subject to certain restrictions or in custody pending extradition).

• (3) Subsection (2) is subject to the requirement that the minimum term in a serious terrorism case must be at least 14 years.

This is subject to subsections (5) and (6).

• (4) A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)).

• (5) The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which—

• (a) relate to the offence or to the offender, and

• (b) justify a lesser period.

• (6) The minimum term may be less than 14 years if the court considers it appropriate, taking into account—

• (a) the matters mentioned in subsection (2)(c), and

• (b) the effect that the following would, if the court had sentenced the offender under section 268B(2) or 282B(2), have had in relation to the appropriate custodial term for that sentence—

• (i) section 73 (reductions for guilty pleas), and

• (ii) section 74 (reductions for assistance to the prosecution).

Life sentences: interpretation

324

In this Chapter—

• “the early release provisions” means section 28(5) to (8) of the Crime (Sentences) Act 1997;

• “life sentence” means—a sentence of imprisonment for life,a sentence of detention for life or during Her Majesty's pleasure (see sections 250 and 259), ora sentence of custody for life (see sections 272 and 275);

• “minimum term order” and “minimum term” have the meanings given by section 321(4);

• “whole life order” has the meaning given by section 321(5).

CHAPTER 9 — Sentence administration

Declaration about time to count as served

Time on bail under certain conditions: declaration by court

325

• (1) This section applies where—

• (a) a court passes a determinate sentence on an offender in respect of an offence (see subsection (5)),

• (b) the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, and

• (c) the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

• (2) The court must specify the credit period for the purposes of section 240A of the Criminal Justice Act 2003 (time remanded on bail to count towards time served) in relation to the sentence.

• (3) The credit period is calculated by taking the following steps.

• Step 1Add—the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), andthe number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody).

• Step 2Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also—subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, oron temporary release under rules made under section 47 of the Prison Act 1952.

• Step 3From the remainder, deduct the number of days during that remainder on which the offender has broken either or both of the relevant conditions.

• Step 4Divide the result by 2.

• Step 5If necessary, round up to the nearest whole number.

• (4) Where the court makes a declaration under subsection (2) it must state in open court—

• (a) the number of days on which the offender was subject to the relevant conditions, and

• (b) the number of days (if any) which it deducted under each of steps 2 and 3.

• (5) For the purposes of subsection (1)(a), a court passes a determinate sentence if it—

• (a) sentences the offender to imprisonment for a term,

• (b) passes a determinate sentence of detention in a young offender institution, ...

• (c) passes a determinate sentence of detention under section 250 , 252A or 254 (offenders aged under 18) , or

• (d) makes a detention and training order.

• (6) For those purposes, a suspended sentence—

• (a) is to be treated as a determinate sentence when it is activated under paragraph 13(1)(a) or (b) of Schedule 16, and

• (b) is to be treated as being imposed by the order under which it is activated.

• (7) Section 240ZA of the Criminal Justice Act 2003 makes provision about time remanded in custody which is to count as time served.

Section 325: interpretation

326

• (1) For the purposes of section 325, “sentence of imprisonment” does not include a committal—

• (a) in default of payment of any sum of money, other than one adjudged to be paid on a conviction,

• (b) for want of sufficient distress to satisfy any sum of money, or

• (c) for failure to do or abstain from doing anything required to be done or left undone,

and references to sentencing an offender to imprisonment are to be read accordingly.

This definition has effect in place of the definition of “sentence of imprisonment” in section 397 for those purposes.

• (2) For the purposes of section 325(1), another offence is “related” to the offence in respect of which the sentence is passed (the “sentenced offence”) if—

• (a) the offender was charged with that other offence, and

• (b) the charge for that other offence was founded on the same facts or evidence as the sentenced offence.

• (3) In section 325—

• “curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, which—is imposed by a court or the Secretary of State, andarises as a result of a conviction;

• “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person‘s compliance with a qualifying curfew condition;

• “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day.

Period in custody awaiting extradition: declaration by court

327

• (1) This section applies where a court imposes a fixed-term sentence on a person who—

• (a) was tried for the offence in respect of which the sentence was imposed, or received the sentence—

• (i) after having been extradited to the United Kingdom, and

• (ii) without having first been restored or had an opportunity of leaving the United Kingdom, and

• (b) was for any period kept in custody while awaiting extradition to the United Kingdom as mentioned in paragraph (a).

• (2) In this section “fixed term sentence” means—

• (a) a sentence of imprisonment for a determinate term,

• (b) a determinate sentence of detention in a young offender institution, ...

• (c) a determinate sentence of detention under section 250 , 252A or 254 , or

• (d) a detention and training order.

• (3) The court must specify in open court the number of days for which the prisoner was kept in custody while awaiting extradition.

Recommendations

Power of court to recommend licence conditions for adults sentenced to term of 12 months or more

328

• (1) This section applies where a court sentences an offender to—

• (a) a term of imprisonment, or

• (b) a term of detention in a young offender institution,

of 12 months or more in respect of any offence.

• (2) The court may, when passing sentence, recommend to the Secretary of State particular conditions which in its view should be included in any licence granted to the offender under Chapter 6 of Part 12 of the Criminal Justice Act 2003 on the offender's release from prison or detention.

• (3) A recommendation under subsection (2) is not to be treated for any purpose as part of the sentence passed on the offender.

Conversion of sentence of detention or custody to sentence of imprisonment

Conversion of sentence of detention to sentence of imprisonment

329

• (1) This section applies where a court has passed a relevant custodial sentence sentencing an offender to a term of detention and the offender—

• (a) has reached the age of 21, or

• (b) has reached the age of 18 and has been reported to the Secretary of State by the independent monitoring board of the institution in which the offender is detained as—

• (i) exercising a bad influence on the other inmates of the institution, or

• (ii) behaving in a disruptive manner to the detriment of those inmates.

• (2) The Secretary of State may direct that the offender is to be treated as if sentenced to imprisonment for the same term.

This is subject to the following provisions of this section.

Effect of direction3Subsections (4) to (5A) apply where the Secretary of State gives a direction under subsection (2) in relation to the offender.4The portion of the term of detention imposed under the relevant custodial sentence which the offender has already served is to be deemed to have been a portion of a term of imprisonment.4AIf the relevant custodial sentence is—aa sentence of detention under section 252A, orba sentence of detention in a young offender institution under section 265,the offender is to be treated as if sentenced to a sentence of imprisonment under section 278.5If the relevant custodial sentence is—aan extended sentence of detention under section 254, orban extended sentence of detention in a young offender institution,the offender is to be treated as if sentenced to an extended sentence of imprisonment under section 279.5AIf the relevant custodial sentence is a serious terrorism sentence of detention in a young offender institution, the offender is to be treated as if sentenced to a serious terrorism sentence of imprisonment under section 282A.6Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant custodial sentence is to continue to have effect after a direction under subsection (2) has been given in relation to the offender.

“Relevant custodial sentence”7In this section “relevant custodial sentence” means any of the following—aa sentence of detention under section 250 (including one imposed under section 258 or 258A (detention for life));aaa sentence of detention under section 252A;ban extended sentence of detention under section 254;ca sentence of detention during Her Majesty's pleasure (see section 259);da sentence of detention in a young offender institution;ean extended sentence of detention in a young offender institution (see section 266);eaa serious terrorism sentence of detention in a young offender institution (see section 268A);fa sentence of custody for life (see sections 272 and 275).

FOURTH GROUP OF PARTS — Further powers relating to sentencing

PART 11 — Behaviour orders

CHAPTER 1 — Criminal behaviour orders

Criminal behaviour order

330

In this Code “criminal behaviour order” means an order which, for the purpose of preventing an offender from engaging in behaviour that is likely to cause harassment, alarm or distress to any person—

• (a) prohibits the offender from doing anything described in the order;

• (b) requires the offender to do anything described in the order.

Power to make criminal behaviour order

331

• (1) This section applies where—

• (a) a person is convicted of an offence, and

• (b) the prosecution makes an application to the court for a criminal behaviour order to be made against the offender.

• (2) The court may make a criminal behaviour order against the offender if it—

• (a) is satisfied that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person, and

• (b) considers that making the order will help in preventing the offender from engaging in such behaviour.

• (3) But the court may make a criminal behaviour order only if it—

• (a) does so in addition to dealing with the offender for the offence, and

• (b) does not make an order for absolute discharge under section 79 in respect of the offence.

• (4) Prohibitions and requirements in a criminal behaviour order must, so far as practicable, be such as to avoid—

• (a) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

• (b) any conflict with the requirements of any other court order to which the offender may be subject.

• (5) The prosecution must find out the views of the local youth offending team before applying for a criminal behaviour order to be made if the offender will be under the age of 18 when the application is made.

• (6) In this section “local youth offending team” means the youth offending team in whose area it appears to the prosecution that the offender resides.

Proceedings on an application for an order

332

• (1) For the purpose of deciding whether to make a criminal behaviour order the court may consider evidence led by the prosecution and evidence led by the offender.

• (2) It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted.

• (3) The court may adjourn any proceedings on an application for a criminal behaviour order even after sentencing the offender.

• (4) If the offender does not appear for any adjourned proceedings the court may—

• (a) further adjourn the proceedings,

• (b) issue a warrant for the offender's arrest, or

• (c) hear the proceedings in the offender's absence.

• (5) The court may not act under paragraph (b) of subsection (4) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.

• (6) The court may not act under paragraph (c) of subsection (4) unless it is satisfied that the offender—

• (a) has had adequate notice of the time and place of the adjourned proceedings, and

• (b) has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender's absence.

• (7) Subsection (8) applies in relation to proceedings in which a criminal behaviour order is made against an offender who is under the age of 18.

• (8) In so far as the proceedings relate to the making of the order—

• (a) section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the offender;

• (b) section 39 of that Act (power to prohibit publication of certain matters) does so apply.

Requirements included in orders

333

• (1) A criminal behaviour order that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

• (2) Before including a requirement, the court must receive evidence about its suitability and enforceability from—

• (a) the individual to be specified under subsection (1), if an individual is to be specified;

• (b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

• (3) Before including two or more requirements, the court must consider their compatibility with each other.

• (4) A person specified under subsection (1) must—

• (a) make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

• (b) promote the offender's compliance with the relevant requirements;

• (c) if the person considers that the offender—

• (i) has complied with all the relevant requirements, or

• (ii) has failed to comply with a relevant requirement,

inform the prosecution and the appropriate chief officer of police.

• (5) In subsection (4)(c) “the appropriate chief officer of police” means the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender resides.

• (6) An offender subject to a requirement in a criminal behaviour order must—

• (a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;

• (b) notify the person of any change of address.

These obligations have effect as requirements of the order.

Duration of order etc

334

• (1) A criminal behaviour order takes effect on the day it is made, subject to subsection (2).

• (2) If on the day a criminal behaviour order (“the new order”) is made the offender is subject to another criminal behaviour order (“the previous order”), the new order may be made so as to take effect on the day on which the previous order ceases to have effect.

• (3) A criminal behaviour order must specify the period (“the order period”) for which it has effect.

• (4) In the case of a criminal behaviour order made before the offender has reached the age of 18, the order period must be a fixed period of—

• (a) not less than 1 year, and

• (b) not more than 3 years.

• (5) In the case of a criminal behaviour order made after the offender has reached the age of 18, the order period must be—

• (a) a fixed period of not less than 2 years, or

• (b) an indefinite period (so that the order has effect until further order).

• (6) A criminal behaviour order may specify periods for which particular prohibitions or requirements have effect.

Interim order

335

• (1) This section applies where a court adjourns the hearing of an application for a criminal behaviour order.

• (2) The court may make a criminal behaviour order that lasts until the final hearing of the application or until further order (“an interim order”) if the court thinks it just to do so.

• (3) Section 331(1)(b), (3) and (5) and section 334(3) to (5) do not apply in relation to the making of an interim order.

• (4) Subject to that, the court has the same powers whether or not the criminal behaviour order is an interim order.

Variation or discharge of order

336

• (1) A criminal behaviour order may be varied or discharged by the court which made it on the application of—

• (a) the offender, or

• (b) the prosecution.

• (2) If an application by the offender under this section is dismissed, the offender may make no further application under this section without—

• (a) the consent of the court which made the order, or

• (b) the agreement of the prosecution.

• (3) If an application by the prosecution under this section is dismissed, the prosecution may make no further application under this section without—

• (a) the consent of the court which made the order, or

• (b) the agreement of the offender.

• (4) The power to vary an order includes power—

• (a) to include an additional prohibition or requirement in the order, or

• (b) to extend the period for which a prohibition or requirement has effect.

• (5) Section 333 applies to additional requirements included under subsection (4) as it applies to requirements included in a new order.

• (6) In the case of a criminal behaviour order made by a magistrates' court, the references in this section to the court which made the order include a reference to any magistrates' court acting in the same local justice area as that court.

Review of orders: offenders aged under 18

337

• (1) If—

• (a) an offender subject to a criminal behaviour order will be under the age of 18 at the end of a review period (see subsection (2)),

• (b) the term of the order runs until the end of that period or beyond, and

• (c) the order is not discharged before the end of that period,

a review of the operation of the order must be carried out before the end of that period.

• (2) The “review periods” are—

• (a) the period of 12 months beginning with—

• (i) the day on which the criminal behaviour order takes effect, or