Powers of Criminal Courts (Sentencing) Act 2000
Powers of Criminal Courts (Sentencing) Act 2000 (2000 c. 6)
- Powers of Criminal Courts (Sentencing) Act 2000 (2000 c. 6)
- Part I POWERS EXERCISABLE BEFORE SENTENCE
- Deferment of sentence
- 1 Deferment of sentence
- 1ZA Undertakings to participate in restorative justice activities
- 1A Further provision about undertakings
- 1B Breach of undertakings
- 1C Conviction of offence during period of deferment
- 1D Deferment of sentence: supplementary
- Committal to Crown Court for sentence
- 3 Committal for sentence on summary trial of offence triable either way.
- 3A Committal for sentence of dangerous adult offenders
- 3B Committal for sentence of young offenders on summary trial of certain serious offences
- 3C Committal for sentence of dangerous young offenders
- 4 Committal for sentence on indication of guilty plea to offence triable either way.
- 4A Committal for sentence on indication of guilty plea by child or young person with related offences
- 5 Power of Crown Court on committal for sentence under sections 3 and 4.Power of Crown Court on committal for sentence under sections 3, 3A and 4
- 5A Power of Crown Court on committal for sentence under sections 3B, 3C and 4A
- 6 Committal for sentence in certain cases where offender committed in respect of another offence.
- 7 Power of Crown Court on committal for sentence under section 6.
- Remission for sentence: young offenders etc.
- 8 Power and duty to remit young offenders to youth courts for sentence.
- 9 Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence.
- 10 Power of magistrates’ court to remit case to another magistrates’ court for sentence.
- Remand by magistrates’ court for medical examination
- 11 Remand by magistrates’ court for medical examination.
- Part II ABSOLUTE AND CONDITIONAL DISCHARGE
- 12 Absolute and conditional discharge.
- 13 Commission of further offence by person conditionally discharged.
- 14 Effect of discharge.
- 15 Discharge: supplementary.
- Part III MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS
- Referral orders
- 16 Duty and power to refer certain young offenders to youth offender panels.
- 17 The referral conditions.
- 18 Making of referral orders: general.
- 19 Making of referral orders: effect on court’s other sentencing powers.
- 20 Making of referral orders: attendance of parents etc.
- Youth offender panels
- 21 Establishment of panels.
- 22 Attendance at panel meetings.
- Youth offender contracts
- 23 First meeting: agreement of contract with offender.
- 24 First meeting: duration of contract.
- 25 First meeting: failure to agree contract.
- 26 Progress meetings.
- 27 Final meeting.
- Referrals back to court in the interests of justice
- 27A Revocation of referral order where offender making good progress etc.
- 27B Extension of period for which young offender contract has effect
- Further court proceedings
- 28 Offender or parent referred back to court: offender convicted while subject to referral order.
- Supplementary
- 29 Functions of youth offending teams.
- 30 Regulations under Part III.
- 31 Rules of court.
- 32 Definitions for purposes of Part III.
- Part IV Youth community orders and reparation orders
- Chapter I Youth community orders: general provisions
- 33 Meaning of “youth community order” and “community sentence”
- 34 Community orders not available where sentence fixed by law etc.
- 35 Restrictions on imposing community sentences.
- 36 Procedural requirements for community sentences: pre-sentence reports etc.
- 36A Pre-sentence drug testing.
- 36B Electronic monitoring of requirements in youth community orders.
- Chapter II Community orders available for offenders of any age
- Curfew orders
- 37 Curfew orders.
- 38 Electronic monitoring of curfew orders.
- 39 Breach, revocation and amendment of curfew orders.
- 40 Curfew orders: supplementary.
- Exclusion orders
- 40A Exclusion orders.
- 40B Breach, revocation and amendment of exclusion orders.
- 40C Exclusion orders: supplementary.
- Chapter III Community orders available only where offender aged 16 or over
- Probation orders
- 41 Community rehabilitation orders.
- 42 Additional requirements which may be included in community rehabilitation orders.
- 43 Breach, revocation and amendment of community rehabilitation orders.
- 44 Offenders residing in Scotland or Northern Ireland.
- 45 Community rehabilitation orders: supplementary.
- Community punishment orders
- 46 Community punishment orders.
- 47 Obligations of person subject to community punishment order.
- 48 Breach, revocation and amendment of community punishment orders.
- 49 Offenders residing in Scotland or Northern Ireland.
- 50 Community punishment orders: supplementary.
- Community punishment and rehabilitation orders
- 51 Community punishment and rehabilitation orders.
- Drug treatment and testing orders
- 52 Drug treatment and testing orders.
- 53 The treatment and testing requirements.
- 54 Provisions of order as to supervision and periodic review.
- 55 Periodic reviews.
- 56 Breach, revocation and amendment of drug treatment and testing orders.
- 57 Copies of orders.
- 58 Drug treatment and testing orders: supplementary.
- Drug abstinence orders
- 58A Drug abstinence orders.
- 58B Drug abstinence orders: supplementary.
- Orders for persistent petty offenders
- 59 Curfew orders and community punishment orders for persistent petty offenders.
- Chapter IV Attendance centre orders: offenders under 21 and defaulters
- 60 Attendance centre orders.
- 61 Breach, revocation and amendment of attendance centre orders.
- 62 Provision, regulation and management of attendance centres.
- Chapter V Community orders available only where offender aged under 18
- Supervision orders
- 63 Supervision orders.
- 64 Selection and duty of supervisor and certain expenditure of his.
- 64A Supervision orders and curfew orders
- 65 Breach, revocation and amendment of supervision orders.
- 66 Facilities for implementing supervision orders.
- 67 Meaning of “local authority”, “reside” and “parent”.
- 68 Isles of Scilly.
- Action plan orders
- 69 Action plan orders.
- 70 Requirements which may be included in action plan orders and directions.
- 71 Action plan orders: power to fix further hearings.
- 72 Breach, revocation and amendment of action plan orders.
- Chapter VI Reparation orders for young offenders
- 73 Reparation orders.
- 74 Requirements and provisions of reparation order, and obligations of person subject to it.
- 75 Breach, revocation and amendment of reparation orders.
- Part V CUSTODIAL SENTENCES ETC.
- Chapter I General provisions
- Meaning of “custodial sentence”
- 76 Meaning of “custodial sentence”.
- Liability to imprisonment on conviction on indictment
- 77 Liability to imprisonment on conviction on indictment.
- General limit on magistrates’ courts’ powers
- 78 General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution.
- General restrictions on discretionary custodial sentences
- 79 General restrictions on imposing discretionary custodial sentences.
- 80 Length of discretionary custodial sentences: general provision.
- Procedural requirements for imposing discretionary custodial sentences
- 81 Pre-sentence reports and other requirements.
- 82 Additional requirements in case of mentally disordered offender.
- Life sentences
- 82A Determination of tariffs.
- Other restrictions
- 83 Restriction on imposing custodial sentences on persons not legally represented.
- 84 Restriction on consecutive sentences for released prisoners.
- Sexual and violent offences: licences etc.
- 85 Sexual or violent offences: extension of certain custodial sentences for licence purposes.
- 86 Sexual offences committed before 30th September 1998.
- Crediting of periods of remand in custody
- 87 Crediting of periods of remand in custody: terms of imprisonment and detention.
- 88 Meaning of “remand in custody”.
- Chapter II Detention and custody of young offenders
- Restriction on imposing imprisonment on persons under 21
- 89 Restriction on imposing imprisonment on persons under 21.
- Detention at Her Majesty’s pleasure or for specified period
- 90 Offenders who commit murder etc. when under 18: duty to detain at Her Majesty’s pleasure.
- 91 Offenders under 18 convicted of certain serious offences: power to detain for specified period.
- 92 Detention under sections 90 and 91: place of detention etc.
- Custody for life
- 93 Duty to impose custody for life in certain cases where offender under 21.
- 94 Power to impose custody for life in certain other cases where offender at least 18 but under 21.
- 95 Custody for life: place of detention.
- Detention in a young offender institution
- 96 Detention in a young offender institution for other cases where offender at least 18 but under 21.
- 97 Term of detention in a young offender institution, and consecutive sentences.
- 98 Detention in a young offender institution: place of detention.
- Conversion of sentence of detention to sentence of imprisonment
- 99 Conversion of sentence of detention to sentence of imprisonment
- Detention and training orders
- 100 Offenders under 18: detention and training orders.
- 101 Term of order, consecutive terms and taking account of remands.
- 102 The period of detention and training.
- 103 The period of supervision.
- 104 Breach of supervision requirements.
- 104A Application of sections 103 to 105 in relation to orders under section 104(3)(aa)
- 104B Interaction of orders under section 104(3)(a) with other sentences
- 105 Offences during currency of order.
- 106 Interaction with sentences of detention in a young offender institution.
- 106A Interaction with sentences of detention
- 106B Further supervision after end of term of detention and training order
- 107 Meaning of “ youth detention accommodation” and references to terms.
- Detention of persons aged at least 18 but under 21 for default or contempt
- 108 Detention of persons aged at least 18 but under 21 for default or contempt.
- Chapter III Required custodial sentences for certain offences
- 109 Life sentence for second serious offence.
- 110 Minimum of seven years for third class A drug trafficking offence.
- 111 Minimum of three years for third domestic burglary.
- 112 Appeals where previous convictions set aside.
- 113 Certificates of convictions for purposes of Chapter III.
- 114 Offences under service law.
- 115 Determination of day when offence committed.
- Chapter IV Return to prison etc. where offence committed during original sentence
- 116 Power to order return to prison etc. where offence committed during original sentence.
- 117 Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence.
- Chapter V Suspended sentences of imprisonment
- Suspended sentences of imprisonment
- 118 Suspended sentences of imprisonment.
- 119 Power of court on conviction of further offence to deal with suspended sentence.
- 120 Court by which suspended sentence may be dealt with.
- 121 Procedure where court convicting of further offence does not deal with suspended sentence.
- Suspended sentence supervision orders
- 122 Suspended sentence supervision orders.
- 123 Breach of requirement of suspended sentence supervision order.
- 124 Suspended sentence supervision orders: revocation, amendment and cessation.
- Suspended sentences: supplementary
- 125 Suspended sentences: supplementary.
- Part VI Financial penalties and orders
- Financial circumstances orders
- 126 Powers to order statement as to offender’s financial circumstances.
- Fines: general
- 127 General power of Crown Court to fine offender convicted on indictment.
- 128 Fixing of fines.
- 129 Remission of fines.
- Compensation orders
- 130 Compensation orders against convicted persons.
- 131 Limit on amount payable under compensation order of magistrates’ court in case of young offender.
- 132 Compensation orders: appeals etc.
- 133 Review of compensation orders.
- 134 Effect of compensation order on subsequent award of damages in civil proceedings.
- Young offenders
- 135 Limit on fines imposed by magistrates’ courts in respect of young offenders.
- 136 Power to order statement as to financial circumstances of parent or guardian.
- 137 Power to order parent or guardian to pay fine, costs , compensation or surcharge.
- 138 Fixing of fine , compensation or surcharge to be paid by parent or guardian.
- Miscellaneous powers and duties of Crown Court in relation to recognizancesetc.
- 139 Powers and duties of Crown Court in relation to ... forfeited recognizances.
- 140 Enforcement of ... recognizances forfeited by Crown Court.
- 141 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.
- 142 Power of Crown Court to order search of persons before it.
- Part VII Further powers of courts
- Powers to deprive offender of property used etc. for purposes of crime
- 143 Powers to deprive offender of property used etc. for purposes of crime.
- 144 Property which is in possession of police by virtue of section 143.
- 145 Application of proceeds of forfeited property.
- Driving disqualifications
- 146 Driving disqualification for any offence.
- 147 Driving disqualification where vehicle used for purposes of crime.
- 147A Extension of disqualification where custodial sentence also imposed
- 147B Effect of custodial sentence in other cases
- Restitution orders
- 148 Restitution orders.
- 149 Restitution orders: supplementary.
- Young offenders
- 150 Binding over of parent or guardian.
- Part VIII Miscellaneous and supplementary
- Factors to be taken into account in sentencing
- 151 Effect of previous convictions and of offending while on bail.
- 152 Reduction in sentences for guilty pleas.
- 153 Increase in sentences for racial or religious aggravation.
- Commencement and alteration of Crown Court sentence
- 154 Commencement of Crown Court sentence.
- 155 Alteration of Crown Court sentence.
- Disclosure of pre-sentence reports etc.
- 156 Disclosure of pre-sentence reports.
- 157 Other reports of officers of local probation boards and members of youth offending teams
- Supplementary
- 158 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders.
- 159 Execution of process between England and Wales and Scotland.
- 160 Rules and orders.
- Interpretation
- 161 Meaning of “associated offence”, “sexual offence”, “violent offence” and “protecting the public from serious harm”.
- 162 Meaning of “pre-sentence report”.
- 163 General definitions.
- 164 Further interpretive provisions.
- Final provisions
- 165 Consequential amendments, transitory modifications, transitional provisions and repeals.
- 166 Short title.
- 167 Extent.
- 168 Commencement.
- SCHEDULES
- SCHEDULE 1 Youth offender panels: further court proceedings
- Part I Referral back to appropriate court : REVOCATION OF REFERRAL ORDER
- Introductory
- Mode of referral back to court
- Bringing the offender before the court
- Detention and remand of arrested offender
- Power of court where it upholds panel’s decision
- Appeal
- Power of court to impose fine or extend period for which contract has effect
- Consequences of Court not revoking referral order or orders
- Exception where court satisfied as to completion of contract
- Discharge of extension orders
- Power to adjourn hearing and remand offender
- Part 1ZA Referral back to appropriate court: extension of period for which contract has effect
- Introductory
- Mode of referral back to court
- Power of court
- Supplementary
- Part 1a referral of parent or guardian for breach of section 20 order
- Introductory
- Mode of referral to court
- Bringing the parent before the court
- Power of court to make parenting order: application of supplemental provisions
- Appeal
- Effect on section 20 order
- Part II Further convictions during referral
- Extension of referral for further offences
- Extension where further offence committed after referral
- Provisions supplementary to paragraph 10
- Further convictions : power to revoke referral orders
- Interpretation
- SCHEDULE 2 Additional requirements which may be included in community rehabilitation orders
- ...
- SCHEDULE 3 Breach, revocation and amendment of certain community orders
- Part I Preliminary
- Definitions
- Orders made on appeal
- Functions of responsible officer
- Part II Breach of requirement of order
- Issue of summons or warrant
- Powers of magistrates’ court
- Powers of Crown Court
- Exclusions from paragraphs 4 and 5
- Community punishment orders imposed for breach of relevant order
- Attendance centre orders imposed for breach of relevant order
- Supplementary
- Part III Revocation of order
- Revocation of order with or without re-sentencing: powers of magistrates’ court
- Revocation of order with or without re-sentencing: powers of Crown Court on conviction et ceteralaetc.
- Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order
- Revocation following custodial sentence by magistrates’ court unconnected with order
- Supplementary
- Part IV Amendment of order
- Amendment by reason of change of residence
- Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order.
- Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner
- Amendment of drug treatment and testing order
- Extension of community punishment or community punishment and rehabilitation order
- Supplementary
- SCHEDULE 4 Transfer of certain community orders to Scotland or Northern Ireland
- ...
- SCHEDULE 5 Breach, revocation and amendment of attendance centre orders
- Breach of order or attendance centre rules
- Revocation of order with or without re-sentencing
- Amendment of order
- Orders made on appeal
- Orders for defaulters
- SCHEDULE 6 Requirements which may be included in supervision orders
- Requirement to reside with named individual
- Requirement to comply with directions of supervisor
- Requirements as to activities, reparation, night restrictions et ceteralaetc.
- Requirement to live for specified period in local authority accommodation
- Requirement to live for specified period with local authority foster parent
- Requirements as to treatment for mental condition
- Requirements as to drug treatment and testing
- Requirements as to education
- Exercise of powers under paragraphs 3, 6 and 7
- SCHEDULE 7 Breach, revocation and amendment of supervision orders
- Meaning of “relevant court”, et ceteralaetc.
- Breach of requirement of supervision order
- Curfew orders imposed for breach of supervision order
- Attendance centre orders imposed for breach of supervision order
- Revocation and amendment of supervision order
- Amendment of order on report of medical practitioner
- Presence of offender in court, remands et ceteralaetc.
- Restrictions on court’s powers to revoke or amend order
- Copies of revoking or amending orders
- Appeals
- Power of parent or guardian to make application on behalf of young person
- SCHEDULE 8 Breach, revocation and amendment of ... reparation orders
- ...
- Breach of requirement of ... reparation order
- Curfew orders imposed for breach of action plan order or reparation order
- Attendance centre orders imposed for breach of action plan or reparation order
- Revocation and amendment of ... reparation order
- Presence of offender in court, remands et ceteralaetc.
- Power to adjourn hearing and remand offender
- Appeals
- SCHEDULE 9 Consequential amendments
- Children and Young Persons Act 1933 (c. 12)
- Prison Act 1952 (c. 52)
- Army Act 1955 (c. 18)
- Air Force Act 1955 (c. 19)
- Naval Discipline Act 1957 (c. 53)
- Children and Young Persons Act 1963 (c. 37)
- Criminal Justice Act 1967 (c. 80)
- Criminal Appeal Act 1968 (c. 19)
- Firearms Act 1968 (c. 27)
- Health Services and Public Health Act 1968 (c. 46)
- Social Work (Scotland) Act 1968 (c. 49)
- Theft Act 1968 (c. 60)
- Civil Evidence Act 1968 (c. 64)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
- Children and Young Persons Act 1969 (c. 54)
- Administration of Justice Act 1970 (c. 31)
- Attachment of Earnings Act 1971 (c. 32)
- Consumer Credit Act 1974 (c. 39)
- Solicitors Act 1974 (c. 47)
- Rehabilitation of Offenders Act 1974 (c. 53)
- Bail Act 1976 (c. 63)
- Criminal Law Act 1977 (c. 45)
- Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
- Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
- Magistrates’ Courts Act 1980 (c. 43)
- Public Passenger Vehicles Act 1981 (c. 14)
- Criminal Attempts Act 1981 (c. 47)
- Contempt of Court Act 1981 (c. 49)
- Senior Courts Act 1981 (c. 54)
- Criminal Justice Act 1982 (c. 48)
- Mental Health Act 1983 (c. 20)
- Telecommunications Act 1984 (c. 12)
- Child Abduction Act 1984 (c. 37)
- Repatriation of Prisoners Act 1984 (c. 47)
- Police and Criminal Evidence Act 1984 (c. 60)
- Prosecution of Offences Act 1985 (c. 23)
- Protection of Military Remains Act 1986 (c. 35)
- Public Order Act 1986 (c. 64)
- Criminal Justice Act 1988 (c. 33)
- Copyright, Designs and Patents Act 1988 (c. 48)
- Road Traffic Act 1988 (c. 52)
- Road Traffic Offenders Act 1988 (c. 53)
- Extradition Act 1989 (c. 33)
- Football Spectators Act 1989 (c. 37)
- Children Act 1989 (c. 41)
- Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
- Criminal Justice Act 1991 (c. 53)
- Social Security Administration Act 1992 (c. 5)
- Aggravated Vehicle-Taking Act 1992 (c. 11)
- Local Government Finance Act 1992 (c. 14)
- Probation Service Act 1993 (c. 47)
- Pension Schemes Act 1993 (c. 48)
- Vehicle Excise and Registration Act 1994 (c. 22)
- Criminal Justice and Public Order Act 1994 (c. 33)
- Drug Trafficking Act 1994 (c. 37)
- Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
- Children (Scotland) Act 1995 (c. 36)
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- London Local Authorities Act 1995 (c. x)
- Criminal Evidence (Amendment) Act 1997 (c. 17)
- Social Security (Recovery of Benefits) Act 1997 (c. 27)
- Crime (Sentences) Act 1997 (c. 43)
- Sex Offenders Act 1997 (c. 51)
- Data Protection Act 1998 (c. 29)
- Crime and Disorder Act 1998 (c. 37)
- Access to Justice Act 1999 (c. 22)
- Youth Justice and Criminal Evidence Act 1999 (c. 23)
- SCHEDULE 10 Transitory modifications
- Section 8
- Section 13
- Sections 63 and 66 and Schedule 7
- Section 67
- Section 69
- Section 73
- Section 83
- Sections 122 and 124
- Section 150
- Section 155
- Schedule 3
- Schedule 5
- Schedule 6
- Meaning of “the relevant commencement date”, et ceteralaetc.
- Power to make transitional provision
- Saving for old transitional provisions
- SCHEDULE 11 Transitional provisions
- Part I General
- Continuity of the law: general
- General saving for old transitional provisions and savings
- Use of existing forms etc.
- Part II Specific provisions: replication of old transitional provisions
- Sections 37, 41, 46 and 79 and Schedules 2, 3 and 6: consent requirements
- Section 37: minimum age for curfew order
- Custodial sentences for young offenders: section 98 and re-sentencing powers
- Sections 143, 147, 148 and 150: miscellaneous transitional provisions
- Part III Specific provisions: miscellaneous transitional provisions
- Referral orders
- Modifications for Isles of Scilly
- Consequential amendments
- Part IV Interpretation
- SCHEDULE 12 Repeals and revocations
- Part I Acts of Parliament repealed
- Part II Subordinate legislation revoked
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